26.2 (1) Subject to subsection (1.1), the total amount of a development charge is the amount of the development charge that would be determined under the by-law on, (a)  the day an application for an approval of development in a site plan control area under subsection 41 (4) of the Planning Act or subsection 114 (5) of the City of Toronto Act, 2006 was made in respect of the development that is the subject of the development charge; (b)  if clause (a) does not apply, the day an application for an amendment to a by-law passed under section 34 of the Planning Act was made in respect of the development that is the subject of the development charge; or (c)  if neither clause (a) nor clause (b) applies, (i)  in the case of a development charge in respect of a development to which section 26.1 applies, the day the development charge would be payable in accordance with section 26 if section 26.1 did not apply, or (ii)  in the case of a development charge in respect of a development to which section 26.1 does not apply, the day the development charge is payable in accordance with section 26. 2019, c. 9, Sched. 3, s. 8 (1); 2022, c. 21, Sched. 3, s. 8 (1). Discount, rental housing development (1.1) In the case of rental housing development, the amount determined under subsection (1) shall be reduced in accordance with the following rules: 1.  A development charge for a residential unit intended for use as a rented residential premises with three or more bedrooms shall be reduced by 25 per cent. 2.  A development charge for a residential unit intended for use as a rented residential premises with two bedrooms shall be reduced by 20 per cent. 3.  A development charge for a residential unit intended for use as a rented residential premises not referred to in paragraph 1 or 2 shall be reduced by 15 per cent. 2022, c. 21, Sched. 3, s. 8 (2). Same, transition (1.2) Subject to subsection (1.3), subsection (1.1) does not apply in respect of a development charge for a development in respect of which a building permit was issued before the day subsection 8 (2) of Schedule 3 to the More Homes Built Faster Act, 2022
came into force. 2022, c. 21, Sched. 3, s. 8 (2). Same, exception (1.3) Despite subsection (7), paragraphs 1 to 3 of subsection (1.1) apply to any part of a development charge payable under an agreement under section 27 that is in respect of a prescribed development and that was entered into before the day that subsection 8 (2) of Schedule 3 to the
More Homes Built Faster Act, 2022 came into force, other than a part of the development charge that is payable under the agreement before the day the development was prescribed for the purposes of this subsection. 2022, c. 21, Sched. 3, s. 8 (2). Same, if by-law not in effect (2) Subsection (1) applies regardless of whether the by-law under which the amount of the development charge would be determined is no longer in effect on the date the development charge is payable. 2019, c. 9, Sched. 3, s. 8 (1). Interest (3) Where clause (1) (a) or (b) applies, the municipality may charge interest on the development charge, at a rate not exceeding the maximum interest rate determined in accordance with section 26.3, from the date of the application referred to in the applicable clause to the date the development charge is payable. 2019, c. 9, Sched. 3, s. 8 (1); 2022, c. 21, Sched. 3, s. 8 (3). More than one application (4) If a development was the subject of more than one application referred to in clause (1) (a) or (b), the later one is deemed to be the applicable application for the purposes of this section. 2019, c. 9, Sched. 3, s. 8 (1). Exception, prescribed amount of time elapsed (5) Clauses (1) (a) and (b) do not apply in respect of, (a)  any part of a development to which section 26.1 applies if, on the date the first building permit is issued for the development, more than the prescribed amount of time has elapsed since the application referred to in clause (1) (a) or (b) was approved; or (b)  any part of a development to which section 26.1 does not apply if, on the date the development charge is payable, more than the prescribed amount of time has elapsed since the application referred to in clause (1) (a) or (b) was approved. 2019, c. 9, Sched. 3, s. 8 (1). Transition, date of application (6) Clauses (1) (a) and (b) do not apply in the case of an application made before the day subsection 8 (1) of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 3, s. 8 (1). Transition, eligible services (6.1) Beginning on the day described in subsection (6.2), the total amount of a municipality’s development charge for the purposes of subsection (1) shall not include the amount of a development charge in respect of a service unless the service is listed in subsection 2 (4). 2020, c. 18, Sched. 3, s. 8. Same (6.2) The day referred to in subsection (6.1) is, (a)  in the case of a local municipality, the earlier of, (i)  the day the municipality passes a community benefits charge by-law under subsection 37 (2) of the Planning Act, and (ii)  the specified date for the purposes of section 9.1; and (b)  in the case of an upper-tier municipality, the specified date for the purposes of section 9.1. 2020, c. 18, Sched. 3, s. 8. Agreement prevails (7) This section does not apply in cases where there is an agreement under section 27. 2019, c. 9, Sched. 3, s. 8 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 8 (1) - 01/01/2020; 2019, c. 9, Sched. 3, s. 8 (2) - no effect - see 2020, c. 18, Sched. 3, s. 12 - 21/07/2020 2020, c. 18, Sched. 3, s. 8 - 18/09/2020 2022, c. 21, Sched. 3, s. 8 (1-3) - 28/11/2022