The Wood Bull Guides

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.