The Wood Bull Guides

Section 37 to 37.1[Community Benefits Charge and Transitional Matters]

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  • 37(1) DEFINITIONS

    (1) In this section,

    “specified date” means the specified date for the purposes of section 9.1 of the Development Charges Act, 1997; (“date précisée”)

    “valuation date” means, with respect to land that is the subject of development or redevelopment,

    (a) the day before the day the building permit is issued in respect of the development or redevelopment, or

    (b) if more than one building permit is required for the development or redevelopment, the day before the day the first permit is issued. (“date d’évaluation”) 2020, c. 18, Sched. 17, s. 1.

  • 37(2) COMMUNITY BENEFITS CHARGE BY-LAW

    (2) The council of a local municipality may by by-law impose community benefits charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies. 2020, c. 18, Sched. 17, s. 1.
  • 37(3) WHAT CHARGES CAN BE IMPOSED FOR

    (3) A community benefits charge may be imposed only with respect to development or redevelopment that requires,

    (a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34;

    (b) the approval of a minor variance under section 45;

    (c) a conveyance of land to which a by-law passed under subsection 50 (7) applies;

    (d) the approval of a plan of subdivision under section 51;

    (e) a consent under section 53;

    (f) the approval of a description under section 9 of the Condominium Act, 1998; or

    (g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. 2020, c. 18, Sched. 17, s. 1.

  • 37(4) EXCLUDED DEVELOPMENT OR REDEVELOPMENT

    (4) A community benefits charge may not be imposed with respect to,

    (a) development of a proposed building or structure with fewer than five storeys at or above ground;

    (b) development of a proposed building or structure with fewer than 10 residential units;

    (c) redevelopment of an existing building or structure that will have fewer than five storeys at or above ground after the redevelopment;

    (d) redevelopment that proposes to add fewer than 10 residential units to an existing building or structure; or

    (e) such types of development or redevelopment as are prescribed. 2020, c. 18, Sched. 17, s. 1.

    Related Regulations

    O.Reg. 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.1

  • 37(5) COMMUNITY BENEFITS CHARGE - RELATIONSHIP TO DEVELOPMENT CHARGE, ETC.

    (5) For greater certainty, nothing in this Act prevents a community benefits charge from being imposed with respect to land for park or other public recreational purposes or with respect to the services listed in subsection 2 (4) of the Development Charges Act, 1997, provided that the capital costs that are intended to be funded by the community benefits charge are not capital costs that are intended to be funded under a development charge by-law or from the special account referred to in subsection 42 (15). 2020, c. 18, Sched. 17, s. 1.
  • 37(6) IN-KIND CONTRIBUTIONS

    (6) A municipality that has passed a community benefits charge by-law may allow an owner of land to provide to the municipality facilities, services or matters required because of development or redevelopment in the area to which the by-law applies. 2020, c. 18, Sched. 17, s. 1.
  • 37(7) NOTICE OF VALUE OF IN-KIND CONTRIBUTIONS

    (7) Before the owner of land provides facilities, services or matters in accordance with subsection (6), the municipality shall advise the owner of land of the value that will be attributed to them. 2020, c. 18, Sched. 17, s. 1.
  • 37(8) DEDUCTION OF VALUE OF IN-KIND CONTRIBUTIONS

    (8) The value attributed under subsection (7) shall be deducted from the amount the owner of land would otherwise be required to pay under the community benefits charge by-law. 2020, c. 18, Sched. 17, s. 1.

    Related Regulations

    No regulation has been made in regard to this subsection.

  • 37(9) COMMUNITY BENEFITS CHARGE STRATEGY

    (9) Before passing a community benefits charge by-law under subsection (2), the municipality shall prepare a community benefits charge strategy that,

    (a) identifies the facilities, services and matters that will be funded with community benefits charges; and

    (b) complies with any prescribed requirements. 2020, c. 18, Sched. 17, s. 1.

    Related Regulations  O.Reg. 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.2
  • 37(10) CONSULTATION

    (10) In preparing the community benefits charge strategy, the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2020, c. 18, Sched. 17, s. 1.
  • 37(11) COMMENCEMENT OF BY-LAW

    (11) A community benefits charge by-law comes into force on the day it is passed or the day specified in the by-law, whichever is later. 2020, c. 18, Sched. 17, s. 1.

  • 37(12) LIMITATION

    (12) Only one community benefits charge by-law may be in effect in a local municipality at a time. 2020, c. 18, Sched. 17, s. 1.
  • 37(13) NOTICE OF BY-LAW AND TIME FOR APPEAL

    (13) The clerk of a municipality that has passed a community benefits 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. 2020, c. 18, Sched. 17, s. 1.

    Related Regulations  O.Reg. 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.4
  • 37(14) REQUIREMENTS OF NOTICE

    (14) Notices required under subsection (13) must meet the prescribed requirements and shall be given in accordance with the regulations. 2020, c. 18, Sched. 17, s. 1. Related Regulations  O.Reg. 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.4
  • 37(15) SAME

    (15) Every notice required under subsection (13) must be given no later than 20 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 1.
  • 37(16) WHEN NOTICE GIVEN

    (16) A notice required under subsection (13) is deemed to have been given on the prescribed day. 2020, c. 18, Sched. 17, s. 1. Related Regulations  O.Reg. 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.4
  • 37(17) APPEAL OF BY-LAW AFTER PASSED

    (17) Any person or public body may appeal a community benefits charge by-law to the 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. 2020, c. 18, Sched. 17, s. 1.
  • 37(18) CLERK'S DUTIES ON APPEAL

    (18) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a community benefits 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 community benefits charge strategy;

    (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. 2020, c. 18, Sched. 17, s. 1.

  • 37(19) SAME

    (19) The clerk shall forward a copy of the notice of appeal and the record to the Tribunal within 30 days after the last day for appealing the by-law and shall provide such other information or material as the Tribunal may require in respect of the appeal. 2020, c. 18, Sched. 17, s. 1.
  • 37(20) AFFIDAVIT, DECLARATION CONCLUSIVE EVIDENCE

    (20) 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. 2020, c. 18, Sched. 17, s. 1.

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