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Section 37 [Increased Height and Density Provision By-law]

Bill 139 did not amend section 37.



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    37(1) The council of a local municipality may, in a by-law passed under section 34, authorize increases in the height and density of development otherwise permitted by the by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law.  R.S.O. 1990, c. P.13, s. 37.

  • 37(2) CONDITION

    37(2) A by-law shall not contain the provisions mentioned in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to the authorization of increases in height and density of development.  R.S.O. 1990, c. P.13, s. 37.

  • 37(3) AGREEMENTS

    37(3) Where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters.  R.S.O. 1990, c. P.13, s. 37.


    37(4) Any agreement entered into under subsection (3) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  R.S.O. 1990, c. P.13, s. 37.


    37(5) All money received by the municipality under this section shall be paid into a special account and spent only for facilities, services and other matters specified in the by-law.  2015, c. 26, s. 27.


    37(6) The money in the special account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and the earnings derived from the investment of the money shall be paid into the special account, and the auditor in the auditor’s annual report shall report on the activities and status of the account.  2015, c. 26, s. 27.


    37(7) The treasurer of the municipality shall each year, on or before the date specified by the council, give the council a financial statement relating to the special account.  2015, c. 26, s. 27.


    37(8) The statement shall include, for the preceding year,

    (a) statements of the opening and closing balances of the special account and of the transactions relating to the account;

    (b) statements identifying,

    (i) any facilities, services or other matters specified in the by-law for which funds from the special account have been spent during the year,

    (ii) details of the amounts spent, and

    (iii) for each facility, service or other matter mentioned in subclause (i), the manner in which any capital cost not funded from the special account was or will be funded; and

    (c) any other information that is prescribed.  2015, c. 26, s. 27.


    37(9) The treasurer shall give a copy of the statement to the Minister on request.  2015, c. 26, s. 27.


    37(10) The council shall ensure that the statement is made available to the public.  2015, c. 26, s. 27.


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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