Land for parks
  17. The following rules apply with respect to credits given or required to be given under section 14 of the old Act: 1. The owner or former owner of land is entitled to the recognition of a credit towards a development charge imposed under a development charge by-law passed under the new Act by the council of the municipality that gave the credit. 2. If there is a conflict between a development charge by-law passed under the new Act and an agreement referred to in paragraph 3, the provisions of the agreement prevail over the by-law to the extent of the conflict. 3. Paragraph 2 applies with respect to an agreement made between a municipality and the owner or former owner of land if, before the coming into force of a development charge by-law under the old Act, i. the owner or former owner of the land paid all or a portion of a charge related to development under the agreement with respect to the land and the land is within the area to which a development charge by-law passed under the new Act may apply, or ii. the owner or former owner of the land provided services in lieu of the payment referred to in subparagraph i. 4. If a credit has been recognized under this section with respect to a service referred to in paragraphs 1 to 7 of subsection 2 (4) of the new Act, as those provisions read before the day subsection 2 (2) of the Smart Growth for Our Communities Act, 2015 comes into force, the value of the credit cannot be recovered from future development charges. 5. An application for the recognition of a credit under paragraph 1 must be made, i. on or after March 1, 1998 and on or before March 1, 1999, or ii. on or after September 27, 1999 and on or before October 31, 1999. 6. An application for the recognition of a credit shall set out the amount of the credit that is sought and the services to which the applicant claims the credit should be applied. 7. The municipality shall give each applicant written notice of whether the municipality agrees or refuses to recognize the credit in accordance with the application.  The notice must be given, i. on or before September 1, 1999 for an application made during the period described in subparagraph 5 i, and ii. on or before December 31, 1999 for an application made during the period described in subparagraph 5 ii. 8. If the municipality agrees to recognize a credit in accordance with an application, or does not give the applicant a notice within the time required under paragraph 7, the applicant is entitled to have the credit recognized for the services set out in the application in the amount set out in the application. 9. A municipality may agree to recognize some credits in accordance with an application and refuse to recognize other credits and, if the municipality does so, paragraph 8 applies but only with respect to the credits that the municipality agrees to recognize. 10. If the municipality refuses to recognize a credit in accordance with an application, the applicant may appeal the municipality’s decision to the Ontario Municipal Board by filing with the clerk of the municipality, within 30 days after the applicant receives the notice of the municipality’s refusal, a notice of appeal. 11. If a notice of appeal under paragraph 10 is filed with the clerk of the municipality, the clerk shall, i. compile a record that includes a copy of the application and the notice of the municipality’s refusal, ii. forward a copy of the notice of appeal and the record to the secretary of the Ontario Municipal Board within 30 days after the notice is received, and iii. provide any other information and material that the Board may require in respect of the appeal. 12. The Ontario Municipal Board shall hold a hearing to deal with the notice of appeal. 13. The parties to the appeal are the appellant and the municipality. 14. The Ontario Municipal Board shall give notice of the hearing to the parties. 15. After the hearing, the Ontario Municipal Board shall determine whether the appellant is entitled to the recognition of a credit and, if so, shall determine the amount of the credit to be recognized and the services to which it relates. 16. Despite paragraph 12, the Ontario Municipal Board 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. 17. An applicant and the municipality may, at any time before the commencement of the hearing before the Ontario Municipal Board, agree that the applicant is entitled to the recognition of a credit and may agree to the amount of the credit to be recognized and the service to which it relates. 18. If the applicant and the municipality enter into an agreement under paragraph 17, the applicant shall withdraw the appeal to the Ontario Municipal Board and the appeal shall be deemed to be terminated.  O. Reg. 82/98, s. 17; O. Reg. 439/99, s. 1; O. Reg. 428/15, s. 6. Transition Rules for Debts under the Old Act