jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “area municipality” means a lower-tier municipality; (“municipalité de secteur”) “development” includes redevelopment; (“aménagement”) “development charge by-law” means a by-law made under section 2; (“règlement de redevances d’aménagement”) “front-ending agreement” means an agreement under section 44; (“accord initial”) “local board” means a local board as defined in section 1 of the Municipal Affairs Act other than a board as defined in subsection 1 (1) of the Education Act. (“conseil local”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “rental housing development” means development of a building or structure with four or more residential units all of which are intended for use as rented residential premises; (“aménagement de logements locatifs”) “waste diversion services” means services related to waste management, but not including, (a)  landfill sites and services, and (b)  facilities and services for the incineration of waste. (“services de réacheminement des déchets”) 1997, c. 27, s. 1; 2002, c. 17, Sched. F, Table; 2015, c. 26, s. 1; 2019, c. 9, Sched. 3, s. 1; 2022, c. 21, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2015, c. 26, s. 1
- 01/01/2016 2019, c. 9, Sched. 3, s. 1 - 06/06/2019 2022, c. 21, Sched. 3, s. 1 - 28/11/2022 PART II 
DEVELOPMENT CHARGES Development Charges
4.2 (1) In this section, “non-profit housing development” means the development of a building or structure intended for use as a residential premises and developed by, (a)  a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing, (b)  a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, or (c)  a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. 2022, c. 21, Sched. 3, s. 4. Exemption (2) A non-profit housing development is exempt from development charges. 2022, c. 21, Sched. 3, s. 4. Transition (3) Subsection (2) does not apply with respect to a development charge that is payable before the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 4. Same (4) For greater certainty, subsection (2) applies to future instalments that would have been payable in accordance with section 26.1 after the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 4 - 28/11/2022 Exemption for inclusionary zoning residential units
4.3 (1) The creation of a residential unit described in subsection (2) is exempt from development charges unless a development charge is payable with respect to the residential unit before the day section 4 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 4. Application (2) Subsection (1) applies in respect of residential units that are affordable housing units required to be included in a development or redevelopment pursuant to a by-law passed under section 34 of the Planning Act to give effect to the policies described in subsection 16 (4) of that Act. 2022, c. 21, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 4 - 28/11/2022
5.1 (1) In this section, “Toronto-York subway extension” means an extension of the subway service located in the City of Toronto beyond its terminus at Downsview subway station further north in the City of Toronto and into The Regional Municipality of York, and works and equipment directly related to that extension.  2006, c. 33, Sched. H, s. 2. Provision does not apply (2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for the Toronto-York subway extension.  2006, c. 33, Sched. H, s. 2. Applicable restriction (3) For the purposes of section 5, the estimate for the increase in the need for the Toronto-York subway extension shall not exceed the planned level of service over the 10-year period immediately following the preparation of the background study required under section 10.  2006, c. 33, Sched. H, s. 2. Regulations (4) The method of estimating the planned level of service for the Toronto-York subway extension and the criteria to be used in doing so may be prescribed by regulation.  2006, c. 33, Sched. H, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. H, s. 2 - 04/05/2007 Yonge North subway extension
5.1.1 (1) In this section, “Yonge North subway extension” means an extension of the subway service located in the City of Toronto beyond its terminus at Finch subway station further north in the City of Toronto and into The Regional Municipality of York, and works and equipment directly related to that extension. 2021, c. 34, Sched. 7, s. 2. Provision does not apply (2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for the Yonge North subway extension. 2021, c. 34, Sched. 7, s. 2. Applicable restriction (3) For the purposes of section 5, the estimate for the increase in the need for the Yonge North subway extension shall not exceed the planned level of service over the 20-year period immediately following the preparation of the background study required under section 10. 2021, c. 34, Sched. 7, s. 2. Regulations (4) The method of estimating the planned level of service for the Yonge North subway extension and the criteria to be used in doing so may be prescribed by regulation. 2021, c. 34, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 7, s. 2 - 01/01/2022 Prescribed services
5.2 (1) In this section, “prescribed service” means a service that is prescribed for the purposes of this section. 2015, c. 26, s. 4. Provision does not apply (2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for a prescribed service. 2015, c. 26, s. 4. Applicable restriction (3) For the purposes of section 5, the estimate for the increase in the need for a prescribed service shall not exceed the planned level of service over the 10-year period immediately following the preparation of the background study required under section 10. 2015, c. 26, s. 4. Regulations (4) The method of estimating the planned level of service for a prescribed service and the criteria to be used in doing so may be prescribed. 2015, c. 26, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 4
- 01/01/2016
6 A development charge by-law must set out the following: 1.  The rules developed under paragraph 9 of subsection 5 (1) for determining if a development charge is payable in any particular case and for determining the amount of the charge. 2.  An express statement indicating how, if at all, the rules provide for exemptions, for the phasing in of development charges and for the indexing of development charges. 3.  How the rules referred to in paragraph 1 apply to the redevelopment of land. 4.  The area of the municipality to which the by-law applies.  1997, c. 27, s. 6.
7 (1) A development charge by-law may provide for any service listed in subsection 2 (4) or the capital costs listed in subsection 5 (3) in respect of those services to be included in a class set out in the by-law. 2020, c. 18, Sched. 3, s. 3. Composition of class (2) A class may be composed of any number or combination of services and may include parts or portions of the services listed in subsection 2 (4) or parts or portions of the capital costs listed in subsection 5 (3) in respect of those services. 2020, c. 18, Sched. 3, s. 3. Studies (3) For greater certainty, a development charge by-law may provide for a class consisting of studies in respect of any service listed in subsection 2 (4) whose capital costs are described in paragraphs 5 and 6 of subsection 5 (3). 2020, c. 18, Sched. 3, s. 3. Effect of class (4) A class of service set out in a development charge by-law is deemed to be a single service for the purposes of this Act in relation to reserve funds, the use of money from reserve funds and credits. 2020, c. 18, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 4 - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020 2020, c. 18, Sched. 3, s. 3 - 18/09/2020
8 A development charge by-law or a by-law amending it comes into force on the day it is passed or the day specified in the by-law, whichever is later.  1997, c. 27, s. 8.
9 (1) Unless it expires or is repealed earlier, a development charge by-law expires 10 years after the day it comes into force.  1997, c. 27, s. 9 (1); 2022, c. 21, Sched. 3, s. 6 (1). Transition (1.1) For greater certainty, subsection (1), as it reads on and after the day subsection 6 (1) of Schedule 3 to the More Homes Built Faster Act, 2022 came into force, does not apply with respect to a development charge by-law that, before that day, had expired pursuant to subsection (1) as it read before that day. 2022, c. 21, Sched. 3, s. 6 (2). Council can pass new by-law (2) Subsection (1) does not prevent a council from passing a new development charge by-law.  1997, c. 27, s. 9 (2). Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 6 (1, 2) - 28/11/2022
9.1 (1) In this section, “specified date” means the day that is two years after the day subsection 1 (2) of Schedule 3 to the COVID-19 Economic Recovery Act, 2020 comes into force. 2020, c. 18, Sched. 3, s. 4; 2022, c. 21, Sched. 3, s. 6 (1). By-law — expiry before specified date (2) Despite subsections 2 (4) and 9 (1), a development charge by-law that would expire on or after May 2, 2019 and before the specified date remains in force as it relates to any service other than the services described in paragraphs 1 to 10 of subsection 2 (4) until the earliest of, (a)  the day it is repealed; (b)  the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act; and (c)  the specified date. 2020, c. 18, Sched. 3, s. 4. By-law — expiry on or after specified date (3) If a development charge by-law would expire on or after the specified date, the following rules apply in respect of the by-law as it relates to any service other than the services described in paragraphs 1 to 20 of subsection 2 (4): 1.  Despite subsection 2 (4), the by-law continues to apply, even as it relates to the service, until the earliest of the days described in paragraph 2. 2.  The days referred to in paragraph 1 are the following: i.  The day the by-law is repealed. ii.  In the case of a development charge by-law of a local municipality, the earlier of, A.  the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act; or B.  the specified date. iii.  In the case of a development charge by-law of an upper-tier municipality, the specified date. 3.  The by-law is deemed to have expired, as it relates to the service, on the earliest of the dates mentioned in paragraph 2. 2020, c. 18, Sched. 3, s. 4. Services prescribed under para. 21 of subs. 2 (4) (4) Subsection (3) does not apply in respect of the by-law as it relates to a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) if the service is prescribed before the day referred to in subparagraph 2 ii or iii of subsection (3), as the case may be. 2020, c. 18, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 5 (1) - 06/06/2019; 2019, c. 9, Sched. 3, s. 5 (2, 3) - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020 2020, c. 18, Sched. 3, s. 4 - 18/09/2020 Special rule re emergency declaration
9.2 (1) In this section, “specified date” means the date that is six months after the day that the emergency declared by Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act is terminated or disallowed. 2020, c. 6, Sched. 1, s. 1. Same (2) Despite subsection 9 (1), (a)  a development charge by-law that expired on or after March 17, 2020 and before the day section 1 of Schedule 1 to the Coronavirus (COVID-19) Support and Protection Act, 2020 comes into force is deemed not to have expired and shall remain in force until the earlier of the day the by-law is repealed and the specified date; and (b)  a development charge by-law that expires on or after the day section 1 of Schedule 1 to the Coronavirus (COVID-19) Support and Protection Act, 2020 comes into force and before the specified date shall remain in force until the earlier of the day the by-law is repealed and the specified date. 2020, c. 6, Sched. 1, s. 1. Exception (3) Subsection (2) does not apply in respect of any part of a development charge by-law to which subsection 9.1 (2) applies. 2020, c. 6, Sched. 1, s. 1; 2020, c. 18, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 6, Sched. 1, s.1 - 14/04/2020; 2020, c. 18, Sched. 3, s. 5 - 18/09/2020 Process before passing By-law
10 (1) Before passing a development charge by-law, the council shall complete a development charge background study.  1997, c. 27, s. 10 (1). Same (2) The development charge background study shall include, (a)  the estimates under paragraph 1 of subsection 5 (1) of the anticipated amount, type and location of development; (b)  the calculations under paragraphs 2 to 7 of subsection 5 (1) for each service to which the development charge by-law would relate; (c)  an examination, for each service to which the development charge by-law would relate, of the long term capital and operating costs for capital infrastructure required for the service; (c.1)  unless subsection 2 (9) or (11) applies, consideration of the use of more than one development charge by-law to reflect different needs for services in different areas; (c.2)  an asset management plan prepared in accordance with subsection (3); and (d)  such other information as may be prescribed.  1997, c. 27, s. 10 (2); 2015, c. 26, s. 5 (1); 2019, c. 9, Sched. 3, s. 6. Asset management plan (3) The asset management plan shall, (a)  deal with all assets whose capital costs are proposed to be funded under the development charge by-law; (b)  demonstrate that all the assets mentioned in clause (a) are financially sustainable over their full life cycle; (c)  contain any other information that is prescribed; and (d)  be prepared in the prescribed manner. 2015, c. 26, s. 5 (2). Background study to be made available (4) The council shall ensure that a development charge background study is made available to the public at least 60 days prior to the passing of the development charge by-law and until the by-law expires or is repealed by posting the study on the website of the municipality or, if there is no such website, in the municipal office. 2015, c. 26, s. 5 (3). Section Amendments with date in force (d/m/y) 2015, c. 26, s. 5 (1-3) - 01/01/2016 2019, c. 9, Sched. 3, s. 6 - 18/09/2020
11 A development charge by-law may only be passed within the one-year period following the completion of the development charge background study.  1997, c. 27, s. 11.
12 (1) Before passing a development charge by-law, the council shall, (a)  hold at least one public meeting; (b)  give at least 20-days notice of the meeting or meetings in accordance with the regulations; and (c)  ensure that the proposed by-law and the background study are made available to the public at least two weeks prior to the meeting or, if there is more than one meeting, prior to the first meeting.  1997, c. 27, s. 12 (1). Making representations (2) Any person who attends a meeting under this section may make representations relating to the proposed by-law.  1997, c. 27, s. 12 (2). Council determination is final (3) If a proposed by-law is changed following a meeting under this section, the council shall determine whether a further meeting under this section is necessary and such a determination is final and not subject to review by a court or the Ontario Land Tribunal.  1997, c. 27, s. 12 (3); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Appeal of By-law
13 (1) The clerk of a municipality that has passed a development charge by-law shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed.  1997, c. 27, s. 13 (1). Requirements of notice (2) Notices required under this section must meet the requirements prescribed in the regulations and shall be given in accordance with the regulations.  1997, c. 27, s. 13 (2). Same (3) Every notice required under this section must be given not later than 20 days after the day the by-law is passed.  1997, c. 27, s. 13 (3). When notice given (4) A notice required under this section shall be deemed to have been given, (a)  if the notice is by publication in a newspaper, on the day that the publication occurs; (b)  if the notice is given by mail, on the day that the notice is mailed.  1997, c. 27, s. 13 (4).
14 Any person or organization may appeal a development charge by-law to the Ontario Land Tribunal by filing with the clerk of the municipality on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection.  1997, c. 27, s. 14; 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021
15 (1) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a development charge by-law, the clerk shall compile a record that includes, (a)  a copy of the by-law certified by the clerk; (b)  a copy of the development charge background study; (c)  an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and (d)  the original or a true copy of all written submissions and material received in respect of the by-law before it was passed.  1997, c. 27, s. 15 (1). Same (2) The clerk shall forward a copy of the notice of appeal and the record to the Ontario Land Tribunal within 30 days after the last day of appeal and shall provide such other information or material as the Tribunal may require in respect of the appeal.  1997, c. 27, s. 15 (2); 2021, c. 4, Sched. 6, s. 41 (2). Affidavit, declaration conclusive evidence (3) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration.  1997, c. 27, s. 15 (3). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (2)- 01/06/2021
16 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of appeal of a development charge by-law forwarded by the clerk of a municipality.  1997, c. 27, s. 16 (1); 2021, c. 4, Sched. 6, s. 41 (1). Who to get notice (2) The Ontario Land Tribunal shall determine who shall be given notice of the hearing and in what manner.  1997, c. 27, s. 16 (2); 2021, c. 4, Sched. 6, s. 41 (1). Powers of Tribunal (3) After the hearing, the Ontario Land Tribunal may, (a)  dismiss the appeal in whole or in part; (b)  order the council of the municipality to repeal or amend the by-law in accordance with the Tribunal’s order; (c)  repeal or amend the by-law in such manner as the Tribunal may determine. 2021, c. 4, Sched. 6, s. 41 (3). Limitation on powers (4) The Ontario Land Tribunal may not amend or order the amendment of a by-law so as to, (a)  increase the amount of a development charge that will be payable in any particular case; (b)  remove, or reduce the scope of, an exemption; (c)  change a provision for the phasing in of development charges in such a way as to make a charge, or part of a charge, payable earlier; (d)  change the date the by-law will expire.  1997, c. 27, s. 16 (4); 2021, c. 4, Sched. 6, s. 41 (1). Dismissal without hearing (5) Despite subsection (1), the Ontario Land Tribunal may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal.  1997, c. 27, s. 16 (5); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1, 3) - 01/06/2021
17 The repeal or amendment of a development charge by-law by the Ontario Land Tribunal, or by the council of a municipality pursuant to an order of the Ontario Land Tribunal, shall be deemed to have come into force on the day the by-law came into force.  1997, c. 27, s. 17; 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021
18 (1) If the Ontario Land Tribunal repeals or amends a development charge by-law or orders the council of a municipality to repeal or amend a development charge by-law, the municipality shall refund, (a)  in the case of a repeal, any development charge paid under the by-law; (b)  in the case of an amendment, the difference between any development charge paid under the by-law and the development charge that would have been payable under the by-law as amended.  1997, c. 27, s. 18 (1); 2021, c. 4, Sched. 6, s. 41 (1). When refund due (2) If a municipality is required to make a refund under subsection (1), it shall do so, (a)  if the Ontario Land Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; (b)  if the Ontario Land Tribunal orders the council of the municipality to repeal or amend the by-law, within 30 days after the repeal or amendment by the council.  1997, c. 27, s. 18 (2); 2021, c. 4, Sched. 6, s. 41 (4). Interest (3) The municipality shall pay interest on an amount it refunds at a rate not less than the prescribed minimum interest rate from the day the amount was paid to the municipality to the day it is refunded.  1997, c. 27, s. 18 (3); 2020, c. 18, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 3, s. 6 - 18/09/2020 2021, c. 4, Sched. 6, s. 41 (1, 4) - 01/06/2021 Process and Appeals for Amendments to By-laws
19 (1) Sections 10 to 18 apply, with necessary modifications, to an amendment to a development charge by-law other than an amendment by, or pursuant to an order of, the Ontario Land Tribunal.  1997, c. 27, s. 19 (1); 2021, c. 4, Sched. 6, s. 41 (1). Limitation of Tribunal powers (2) In an appeal of an amendment to a development charge by-law, the Ontario Land Tribunal may exercise its powers only in relation to the amendment.  1997, c. 27, s. 19 (2); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Complaints about Development Charges
20 (1) A person required to pay a development charge, or the person’s agent, may complain to the council of the municipality imposing the development charge that, (a)  the amount of the development charge was incorrectly determined; (b)  whether a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; or (c)  there was an error in the application of the development charge by-law.  1997, c. 27, s. 20 (1). Time limit (2) A complaint may not be made under subsection (1) later than 90 days after the day the development charge, or any part of it, is payable.  1997, c. 27, s. 20 (2). Form of complaint (3) The complaint must be in writing, must state the complainant’s name, the address where notice can be given to the complainant and the reasons for the complaint.  1997, c. 27, s. 20 (3). Hearing (4) The council shall hold a hearing into the complaint and shall give the complainant an opportunity to make representations at the hearing.  1997, c. 27, s. 20 (4). Notice of hearing (5) The clerk of the municipality shall mail a notice of the hearing to the complainant at least 14 days before the hearing.  1997, c. 27, s. 20 (5). Council’s powers (6) After hearing the evidence and submissions of the complainant, the council may dismiss the complaint or rectify any incorrect determination or error that was the subject of the complaint.  1997, c. 27, s. 20 (6).
21 (1) The clerk of the municipality shall mail to the complainant a notice of the council’s decision, and of the last day for appealing the decision, which shall be the day that is 40 days after the day the decision is made.  1997, c. 27, s. 21 (1). Requirements of notice (2) The notice required under this section must be mailed not later than 20 days after the day the council’s decision is made.  1997, c. 27, s. 21 (2).
22 (1) A complainant may appeal the decision of the council of the municipality to the Ontario Land Tribunal by filing with the clerk of the municipality, on or before the last day for appealing the decision, a notice of appeal setting out the reasons for the appeal.  1997, c. 27, s. 22 (1); 2021, c. 4, Sched. 6, s. 41 (1). Additional ground (2) A complainant may also appeal to the Ontario Land Tribunal if the council of the municipality does not deal with the complaint within 60 days after the complaint is made by filing with the clerk of the municipality a notice of appeal.  1997, c. 27, s. 22 (2); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021
23 (1) If a notice of appeal under subsection 22 (1) is filed with the clerk of the municipality on or before the last day for appealing a decision, the clerk shall compile a record that includes, (a)  a copy of the development charge by-law certified by the clerk; (b)  the original or a true copy of the complaint and all written submissions and material received in support of the complaint; (c)  a copy of the council’s decision certified by the clerk; and (d)  an affidavit or declaration certifying that notice of the council’s decision and of the last day for appealing it was given in accordance with this Act.  1997, c. 27, s. 23 (1). Same (2) If a notice of appeal under subsection 22 (2) is filed with the clerk of the municipality, the clerk shall compile a record that includes, (a)  a copy of the development charge by-law certified by the clerk; and (b)  the original or a true copy of the complaint and all written submissions and material received in support of the complaint.  1997, c. 27, s. 23 (2). Same (3) The clerk shall forward a copy of the notice of appeal and the record to the Ontario Land Tribunal within 30 days after the notice is received and shall provide such other information and material that the Tribunal may require in respect of the appeal.  1997, c. 27, s. 23 (3); 2021, c. 4, Sched. 6, s. 41 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (5) - 01/06/2021
24 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of appeal relating to a complaint forwarded by the clerk of a municipality.  1997, c. 27, s. 24 (1); 2021, c. 4, Sched. 6, s. 41 (1). Parties (2) The parties to the appeal are the appellant and the municipality.  1997, c. 27, s. 24 (2). Notice to parties (3) The Ontario Land Tribunal shall give notice of the hearing to the parties.  1997, c. 27, s. 24 (3); 2021, c. 4, Sched. 6, s. 41 (1). Powers of Tribunal (4) After the hearing, the Ontario Land Tribunal may do anything that could have been done by the council of the municipality under subsection 20 (6).  1997, c. 27, s. 24 (4); 2021, c. 4, Sched. 6, s. 41 (1). Dismissal without hearing (5) Despite subsection (1), the Ontario Land Tribunal may, where it is of the opinion that the complaint set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal.  1997, c. 27, s. 24 (5); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021
25 (1) If a development charge that has already been paid is reduced by the council of a municipality under section 20 or by the Ontario Land Tribunal under section 24, the municipality shall immediately refund the overpayment.  1997, c. 27, s. 25 (1); 2021, c. 4, Sched. 6, s. 41 (1). Interest (2) The municipality shall pay interest on an amount it refunds at a rate not less than the prescribed minimum interest rate from the day the amount was paid to the municipality to the day it is refunded.  1997, c. 27, s. 25 (2); 2020, c. 18, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 3, s. 7 - 18/09/2020 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021 Collection of Development Charges
26 (1) A development charge is payable for a development upon a building permit being issued for the development unless the development charge by-law provides otherwise under subsection (2).  1997, c. 27, s. 26 (1). Multiple building permits (1.1) If a development consists of one building that requires more than one building permit, the development charge for the development is payable upon the first building permit being issued. 2015, c. 26, s. 6. Multiple phases (1.2) If a development consists of two or more phases that will not be constructed concurrently and are anticipated to be completed in different years, each phase of the development is deemed to be a separate development for the purposes of this section. 2015, c. 26, s. 6. Special case, approval of plan of subdivision (2) A municipality may, in a development charge by-law, provide that a development charge for services set out in paragraphs 1, 2, 3, 4 or 5 of subsection 2 (4) for development that requires approval of a plan of subdivision under section 51 of the Planning Act or a consent under section 53 of the Planning Act and for which a subdivision agreement or consent agreement is entered into, be payable immediately upon the parties entering into the agreement.  1997, c. 27, s. 26 (2); 2019, c. 9, Sched. 3, s. 7. Agreement prevails (3) This section does not apply in cases where there is an agreement under section 27.  1997, c. 27, s. 26 (3). Section Amendments with date in force (d/m/y) 2015, c. 26, s. 6
- 01/01/2016 2019, c. 9, Sched. 3, s. 7 - 18/09/2020
26.3 (1) In this section, “adjustment date” means January 1, April 1, July 1 or October 1; (“date de rajustement”) “average prime rate”, on a particular date, means the mean, rounded to the nearest hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. (“taux préférentiel moyen”) 2022, c. 21, Sched. 3, s. 9. Same (2) For the purposes of subsections 26.1 (7) and 26.2 (3), the maximum interest rate that a municipality may charge shall be determined in accordance with the following rules: 1.  A base rate of interest shall be determined for April 1, 2022 and for each adjustment date after April 1, 2022 and shall be equal to the average prime rate on, i.  October 15 of the previous year, if the adjustment date is January 1, ii.  January 15 of the same year, if the adjustment date is April 1, iii.  April 15 of the same year, if the adjustment date is July 1, and iv.  July 15 of the same year, if the adjustment date is October 1. 2.  The base rate of interest in effect on a particular date shall be, i.  the base rate for the particular date, if the particular date is an adjustment date, and ii.  the base rate for the last adjustment date before the particular date, otherwise. 3.  The maximum rate of interest that may be charged, in respect of a particular day after June 1, 2022, shall be an annual interest rate that is one percentage point higher than the base rate of interest in effect for that day. 2022, c. 21, Sched. 3, s. 9. Transition (3) Subsection (2) does not apply in respect of a development charge that was payable before the day section 9 of Schedule 3 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 3, s. 9 - 28/11/2022
27 (1) A municipality may enter into an agreement with a person who is required to pay a development charge providing for all or any part of a development charge to be paid before or after it would otherwise be payable.  1997, c. 27, s. 27 (1). Amount of charge payable (2) The total amount of a development charge payable under an agreement under this section is the amount of the development charge that would be determined under the by-law on the day specified in the agreement or, if no such day is specified, at the earlier of, (a)  the time the development charge or any part of it is payable under the agreement; (b)  the time the development charge would have been payable in the absence of the agreement.  1997, c. 27, s. 27 (2). Interest on late payments (3) An agreement under this section may allow the municipality to charge interest, at a rate stipulated in the agreement, on that part of the development charge paid after it would otherwise be payable.  1997, c. 27, s. 27 (3).
28 Despite any other Act, a municipality is not required to issue a building permit for development to which a development charge applies unless the development charge has been paid.  1997, c. 27, s. 28.
29 If a development charge is imposed by an upper-tier municipality on a development in an area municipality, the following apply: 1.  The treasurer of the upper-tier municipality shall certify to the treasurer of the area municipality that the charge has been imposed, the amount of the charge, the manner in which the charge is to be paid and when the charge is payable. 2.  The treasurer of the area municipality shall collect the charge when it is payable and shall, unless otherwise agreed by the upper-tier municipality, pay the charge to the treasurer of the upper-tier municipality on or before the 25th day of the month following the month in which the charge is received by the area municipality. 3.  If the charge is collected by the upper-tier municipality, the treasurer of the upper-tier municipality shall certify to the treasurer of the area municipality that the charge has been collected.  1997, c. 27, s. 29.
30 If an upper-tier municipality issues building permits, the treasurer of each area municipality within the upper-tier municipality shall, when all development charges are paid with respect to a development in the area municipality, certify to the chief building official of the upper-tier municipality that those charges have been paid.  1997, c. 27, s. 30; 1997, c. 31, s. 146. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 146 (1) - 01/01/1998
31 (1) If building permits are issued by an upper-tier municipality, the upper-tier municipality may agree with an area municipality to collect all the development charges on development in the area municipality.  1997, c. 27, s. 31 (1); 1997, c. 31, s. 146. Sections 29 and 30 (2) If an agreement is made under this section, sections 29 and 30 do not apply with respect to development in the area municipality.  1997, c. 27, s. 31 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 146 (1) - 01/01/1998
32 (1) If a development charge or any part of it remains unpaid after it is payable, the amount unpaid including any interest payable in respect of it in accordance with this Act shall be added to the tax roll and shall be collected in the same manner as taxes.  1997, c. 27, s. 32 (1); 2019, c. 9, Sched. 3, s. 9. Treasurer certifies unpaid amount (2) If a development charge or any part of it imposed by an upper-tier municipality remains unpaid after it is payable, the treasurer of the upper-tier municipality shall certify to the treasurer of the area municipality in which the land is located the amount that is unpaid.  1997, c. 27, s. 32 (2). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 9 - 01/01/2020 Reserve Funds and the Use of Development Charges
33 A municipality that has passed a development charge by-law shall establish a separate reserve fund for each service to which the development charge relates.  1997, c. 27, s. 33.
33.1 (1) This section applies with respect to a reserve fund established by an upper-tier municipality in accordance with section 33 before the day subsection 1 (2) of Schedule 3 to the COVID-19 Economic Recovery Act, 2020 comes into force for any services other than those described in paragraphs 1 to 20 of subsection 2 (4). 2020, c. 18, Sched. 3, s. 9. Non-application, reserve fund re services prescribed under para. 21 of subs. 2 (4) (2) Despite subsection (1), this section does not apply with respect to a reserve fund established for a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) if the service is prescribed before the specified date for the purposes of section 9.1. 2020, c. 18, Sched. 3, s. 9. Deemed general capital reserve (3) The following rules apply with respect to a reserve fund to which this section applies: 1.  On the specified date for the purposes of section 9.1, the reserve fund is deemed to be a general capital reserve fund for the same purposes for which the money in the reserve fund was collected. 2.  Despite paragraph 1, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the general capital reserve fund referred to in paragraph 1. 2020, c. 18, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 3, s. 9 - 18/09/2020
34 The municipality shall pay each development charge it collects into the reserve fund or funds to which the charge relates.  1997, c. 27, s. 34.
35 (1) The money in a reserve fund established for a service may be spent only for capital costs determined under paragraphs 2 to 7 of subsection 5 (1).  1997, c. 27, s. 35; 2019, c. 9, Sched. 3, s. 10. Requirement to spend or allocate monies in reserve fund (2) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the following services at the beginning of the year: 1.  Water supply services, including distribution and treatment services. 2.  Waste water services, including sewers and treatment services. 3.  Services related to a highway as defined in subsection 1 (1) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be. 2022, c. 21, Sched. 3, s. 10. Same (3) If a service is prescribed for the purposes of this subsection, beginning in the first calendar year that commences after the service is prescribed and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in a reserve fund for the prescribed service at the beginning of the year. 2022, c. 21, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 10 - 18/09/2020 2022, c. 21, Sched. 3, s. 10 - 28/11/2022
36 Despite section 35, a municipality may borrow money from a reserve fund but if it does so, the municipality shall repay the amount used plus interest at a rate not less than the prescribed minimum interest rate.  1997, c. 27, s. 36.
37 (1) Subsections 418 (3) and (4) and 418.1 (14) and (15) of the Municipal Act, 2001
and any equivalent provisions of, or made under, the City of Toronto Act, 2006 do not apply to development charges collected by a municipality.  2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 12 (2); 2017, c. 10, Sched. 4, s. 2. Limitation (2) Development charges may not be advanced by a municipality to its capital account as interim financing of capital undertakings of the municipality, except for those capital undertakings for which the development charges may be spent under this Act.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 12 (2) - 01/01/2007 2017, c. 10, Sched. 4, s. 2 - 01/03/2018 Credits
38 (1) If a municipality agrees to allow a person to perform work that relates to a service to which a development charge by-law relates, the municipality shall give the person a credit towards the development charge in accordance with the agreement.  1997, c. 27, s. 38 (1). Amount of credits (2) The amount of the credit is the reasonable cost of doing the work as agreed by the municipality and the person who is to be given the credit.  1997, c. 27, s. 38 (2). Limitation: above average level of service (3) No credit may be given for any part of the cost of work that relates to an increase in the level of service that exceeds the average level of service described in paragraph 4 of subsection 5 (1).  1997, c. 27, s. 38 (3). Credit can be given before work completed (4) A credit, or any part of it, may be given before the work for which the credit is given is completed.  1997, c. 27, s. 38 (4).
39 (1) A credit given in exchange for work done is a credit only in relation to the service to which the work relates.  1997, c. 27, s. 39 (1). Credits can be divided among services (2) If the work relates to more than one service, the credit for the work must be allocated, in the manner agreed by the municipality, among the services to which the work relates.  1997, c. 27, s. 39 (2). Exception by agreement (3) The municipality may agree that a credit given be in relation to another service to which the development charge by-law relates.  1997, c. 27, s. 39 (3). Changes after credit given (4) The municipality may agree to change a credit so that it relates to another service to which the development charge by-law relates.  1997, c. 27, s. 39 (4).
40 (1) A credit may not be transferred unless, (a)  the holder and person to whom the credit is to be transferred have agreed in writing to the transfer; and (b)  the municipality has agreed to the transfer, either in the agreement under which the holder of the credit was given the credit or subsequently.  1997, c. 27, s. 40 (1). Transfer is by municipality (2) The transfer of a credit is not effective until the municipality transfers it.  1997, c. 27, s. 40 (2). When municipality must transfer credit (3) A municipality shall transfer a credit upon being requested to do so by the holder, the person to whom the credit is to be transferred or the agent of either of them and being given proof that the conditions in subsection (1) are satisfied.  1997, c. 27, s. 40 (3).
41 (1) A credit that relates to a service may be used only with respect to that part of a development charge that relates to the service.  1997, c. 27, s. 41 (1). Use under another development charge by-law (2) A credit given towards a development charge under a development charge by-law may be used for a development charge under another development charge by-law only if that other development charge by-law so provides.  1997, c. 27, s. 41 (2). Used by holder or agent (3) A credit may be used only by the holder or the holder’s agent.  1997, c. 27, s. 41 (3). Miscellaneous
42 A municipality that has passed a development charge by-law may register the by-law or a certified copy of it against the land to which it applies.  1997, c. 27, s. 42.
43 (1) The treasurer of a municipality shall each year on or before such date as the council of the municipality may direct, give the council a financial statement relating to development charge by-laws and reserve funds established under section 33.  1997, c. 27, s. 43 (1). Requirements (2) A statement must include, for the preceding year, (a)  statements of the opening and closing balances of the reserve funds and of the transactions relating to the funds; (b)  statements identifying, (i)  all assets whose capital costs were funded under a development charge by-law during the year, (ii)  for each asset mentioned in subclause (i), the manner in which any capital cost not funded under the by-law was or will be funded; (c)  a statement as to compliance with subsection 59.1 (1); and (d)  any other information that is prescribed. 2015, c. 26, s. 7 (1). Statement available to public (2.1) The council shall ensure that the statement is made available to the public, (a)  by posting the statement on the website of the municipality or, if there is no such website, in the municipal office; and (b)  in such other manner and in accordance with such other requirements as may be prescribed. 2022, c. 12, Sched. 2, s. 1. Copy to Minister (3) The treasurer shall give a copy of a statement to the Minister of Municipal Affairs and Housing on request.  1997, c. 27, s. 43 (3); 2015, c. 26, s. 7 (2). Section Amendments with date in force (d/m/y) 2015, c. 26, s. 7 (1, 2) - 01/01/2016 2022, c. 12, Sched. 2, s. 1 - 14/04/2022 PART III 
FRONT-ENDING AGREEMENTS Front-ending Agreements
44 (1) A municipality in which a development charge by-law is in force may enter into an agreement, called a front-ending agreement, that, (a)  applies with respect to work, done before or after the agreement is entered into, (i)  that relates to the provision of services for which there will be an increased need as a result of development, and (ii)  that will benefit an area of the municipality, defined in the agreement, to which the development charge by-law applies; (b)  provides for the costs of the work to be borne by one or more of the parties to the agreement; and (c)  provides for persons who, in the future, develop land within the area defined in the agreement to pay an amount to reimburse some part of the costs of the work.  1997, c. 27, s. 44 (1). Restrictions on services covered (2) The services to which the work relates must be services to which the development charge by-law relates and that are set out in paragraph 1, 2, 3, 4 or 5 of subsection 2 (4).  1997, c. 27, s. 44 (2); 2019, c. 9, Sched. 3, s. 11 (1). Reimbursement restriction (3) A front-ending agreement may provide for a person who is not a party to the agreement to pay an amount only if the person develops land and a development charge could be imposed for the development under subsections 2 (2) and (3).  1997, c. 27, s. 44 (3). Exemption (4) Subsections 2 (3.3), 4.2 (2) and 4.3 (1) and section 4 apply, with necessary modifications, to amounts a person who is not a party to a front-ending agreement must pay under the agreement.  1997, c. 27, s. 44 (4); 2019, c. 9, Sched. 3, s. 11 (2); 2022, c. 21, Sched. 3, s. 11 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (4) of the Act is amended by adding “4.1 (8) and (10)” after “Subsections 2 (3.3)” at the beginning. (See: 2022, c. 21, Sched. 3, s. 11 (2)) “Tiering” of front end costs (5) A front-ending agreement may provide for persons who reimburse part of the costs of the work borne by the parties to be themselves reimbursed by persons who later develop land within the area defined in the agreement.  1997, c. 27, s. 44 (5). Person can not be reimbursed for their share (6) A front-ending agreement must not provide for a person to be reimbursed for any part of their non-reimbursable share of the costs of the work as determined under the agreement.  1997, c. 27, s. 44 (6). Inclusions in cost of work (7) A front-ending agreement may provide for the following to be included in the cost of the work: 1.  The reasonable costs of administering the agreement. 2.  The reasonable costs of consultants and studies required to prepare the agreement.  1997, c. 27, s. 44 (7). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 11 (1, 2) - 18/09/2020 2022, c. 21, Sched. 3, s. 11 (1) - 28/11/2022; 2022, c. 21, Sched. 3, s. 11 (2) - not in force