Definitions
48. (1) In this section, “development” means development as defined in subsection 41 (1) of the Planning Act; (“exploitation”) “industrial development charge” means a uniform charge per hectare based on the total area of the land and all or any part of the net cost of providing the services; (“redevance relative à l’exploitation industrielle”) “land” means the land described in the Schedule to subsection (2); (“bien-fonds”) “net cost of providing the services” means the total cost to the Regional Corporation of providing the services after deducting all grants, subsidies or payments and any other money from any source which have been or will be received in respect of or applied against the cost of providing the services; (“coût net de la prestation des services”) “services” means the undertakings and works prescribed by the Minister. (“services”) Industrial development charge (2) The Regional Corporation may, in respect of any commercial or industrial development on all or any portion of the land described in the following Schedule, impose on and collect from the registered owners of all or any portion of the land being so developed an industrial development charge to defray all or any part of the net cost of providing the services: SCHEDULE The land located in the following areas: 1. The portion of the City of Cambridge described as follows: Beginning at the intersection of the northwesterly limit of the King’s Highway No. 401 and the northeasterly limit of the right-of-way of the Grand River Railway; Thence northwesterly along the Grand River Railway to a westerly boundary of the City of Cambridge; Thence southerly along the said westerly boundary to the northerly limit of the King’s Highway No. 401; Thence easterly along the northerly limit of the said Highway to the place of beginning. 2. The portion of the City of Kitchener described as follows: Beginning at the intersection of the easterly boundary of the City of Kitchener and the northerly limit of the King’s Highway No. 401; Thence westerly along the northerly limit of the King’s Highway No. 401 to the northeasterly limit of the King’s Highway No. 8 (Old); Thence northwesterly along the said northeasterly limit to the southwesterly limit of the King’s Highway No. 8 (New); Thence southeasterly along the southwesterly limit of the said King’s Highway No. 8 (New) to the easterly boundary of the City of Kitchener; Thence southerly along the said easterly boundary to the place of beginning. Charge constitutes debt of registered owner (3) An industrial development charge imposed under subsection (2) constitutes a debt of the registered owner to the Regional Corporation and may be recovered in a court of competent jurisdiction. Payment of charge necessary before building permit issued (4) An industrial development charge imposed under subsection (2) shall be paid before the issuance of any building permit required for the development. Deeming provision (5) Subsection (4) shall be deemed to be “applicable law” for the purposes of clause 6 (1) (a) of the Building Code Act. Disputes referred to Municipal Board (6) If the registered owner of the land upon which an industrial development charge has been imposed under subsection (2) disputes the amount of the charge, the registered owner, at any time prior to paying the charge to the Regional Corporation, may apply to the Municipal Board by written notice to the secretary of the Board and to the Regional Corporation, and the Board shall hear and determine the matter. Reduction of industrial development charge (7) Subject to subsection (8), the amount of any development or lot charge imposed on the land by the Regional Corporation under section 51 of the Planning Act shall be reduced by the amount of the industrial development charge imposed and collected on the same land under this section. Idem (8) The amount of the reduction in the charge imposed under section 51 of the Planning Act arising out of the imposition of the industrial development charge shall not exceed the amount of the charge imposed under section 51 of the Planning Act. Order of Minister (9) The Minister may by order prescribe the undertakings and works to which this section applies. Deeming provision (10) The services shall be deemed to be provided to and utilized by any commercial or industrial development of all or any portion of the land. R.S.O. 1990, c. R.17, s. 48.