COMMUNITY BENEFITS CHARGES AND PARKLAND

CONTENTS 1. Excluded development and redevelopment 2. Community benefits charge strategy, s. 37 (9) of the Act 3. Maximum community benefits charge, percentage 4. Requirements for notice of by-law 5. Minimum interest rate 6. Appraisals, time periods 7. Special account, report 8. Identification of land, prescribed requirements 9. Notice of refusal 10. Record following notice of appeal 11. Criteria for purposes of s. 42 (4.38) of the Act Excluded development and redevelopment 1. The following are types of development or redevelopment for the purposes of clause 37 (4) (e) of the Act: 1. Development or redevelopment of a building or structure intended for use as a long-term care home within the meaning of subsection 2 (1) of the Fixing Long-Term Care Act, 2021. 2. Development or redevelopment of a building or structure intended for use as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010. 3. Development or redevelopment of a building or structure intended for use by any of the following post-secondary institutions for the objects of the institution: i. a publicly-assisted university within the meaning of section 1 of the Ministry of Training, Colleges and Universities Act, ii. a college or university federated or affiliated with a university described in subparagraph i, iii. an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017. 4. Development or redevelopment of a building or structure intended for use as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion. 5. Development or redevelopment of a building or structure intended for use as a hospice to provide end of life care. 6. Non-profit housing development within the meaning of subsection 4.2 (1) of the Development Charges Act, 1997. O. Reg 509/20, s. 1, 8; O. Reg. 316/22, s. 1; O. Reg. 256/23, s. 1. Community benefits charge strategy, s. 37 (9) of the Act 2. A community benefits charge strategy prepared under subsection 37 (9) of the Act shall, (a) include estimates of the anticipated amount, type and location of development and redevelopment with respect to which community benefits charges will be imposed; (b) include estimates of the increase in the need for facilities, services and matters attributable to the anticipated development and redevelopment to which the community benefits charge by-law would relate; (c) identify the excess capacity that exists in relation to the facilities, services and matters referred to in clause (b); (d) include estimates of the extent to which an increase in a facility, service or matter referred to in clause (b) would benefit existing development; (e) include estimates of the capital costs necessary to provide the facilities, services and matters referred to in clause (b); and (f) identify any capital grants, subsidies and other contributions made to the municipality or that the council of the municipality anticipates will be made in respect of the capital costs referred to in clause (e). Maximum community benefits charge, percentage 3. For the purposes of subsection 37 (32) of the Act, the prescribed percentage is four per cent. Requirements for notice of by-law 4. (1) This section applies to, (a) a notice of the passing of a community benefits charge by-law under subsection 37 (13) of the Act; and (b) a notice of the passing of a by-law under subsection 42 (4.5) of the Act. O. Reg. 509/20, s. 4 (1). (2) Notice shall be given, (a) by personal service, fax, mail or email to, (i) as determined in accordance with subsection (3), every owner of land in the area to which the by-law applies, (ii) every person and organization that has given the clerk of the municipality a written request for notice of the passing of the by-law and has provided a return address, (iii) in the case of a by-law passed by the council of a lower-tier municipality, the clerk of the upper-tier municipality that the lower-tier municipality is in, and (iv) the secretary of every school board having jurisdiction within the area to which the by-law applies; (b) by publication in a newspaper that is, in the clerk’s opinion, of sufficiently general circulation in the area to which the by-law applies to give the public reasonable notice of the passing of the by-law; or (c) by posting on the website of the municipality if, in the clerk’s opinion, a newspaper described in clause (b) does not exist. O. Reg. 509/20, s. 4 (2); O. Reg. 290/24, s. 1 (1). (3) For the purposes of subclause (2) (a) (i), an owner is any person who is identified as an as owner on the last revised assessment roll, subject to any written notice of a change of ownership of land the clerk of the municipality may have received. O. Reg. 509/20, s. 4 (3). (4) A notice given by mail to an owner shall be mailed to the address shown on the last revised assessment roll or, if applicable, to the address shown on the notice of a change of ownership of land received by the clerk. O. Reg. 509/20, s. 4 (4). (5) Notice shall contain the following information: 1. A statement that the council of the municipality has passed a community benefits charge by-law or a by-law under section 42 of the Act, as the case may be, and the statement shall set out the number of the by-law and the date on which the by-law passed. 2. A statement that any person or organization may appeal the by-law to the Ontario Land Tribunal under subsection 37 (17) or 42 (4.9) of the Act, as applicable, by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons supporting the objection. 3. The last day on which the by-law may be appealed. 4. In the case of a notice of the passing of a community benefits charge by-law, an explanation of the community benefits charges imposed by the by-law. 5. In the case of a notice of the passing of a by-law under section 42 of the Act, an explanation of the parkland and payment in lieu requirements imposed by the by-law. 6. A description of the lands to which the by-law applies, a key map showing the lands to which the by-law applies, or an explanation why no description or key map is provided. 7. The location and times during which persons may examine a copy of the by-law. O. Reg. 509/20, s. 4 (5); O. Reg. 256/23, s. 2. (6) For the purposes of subsection 37 (16) and 42 (4.8) of the Act, the prescribed day is, (a) if the notice is by publication in a newspaper, the first day on which the publication is circulated; (a.1) if the notice is given by posting on a website, the first day on which it is posted on the website; (b) if the notice is given by fax, the day that the notice is faxed; (c) if the notice is given by mail, the day that the notice is mailed; or (d) if the notice is given by email, the day that the notice is emailed. O. Reg. 509/20, s. 4 (6); O. Reg. 290/24, s. 1 (2). Minimum interest rate 5. (1) The minimum interest rate for the purposes of subsections 37 (29) and 42 (4.21) and (4.22) of the Act is the Bank of Canada rate on the day the by-law comes into force. (2) If the by-law so provides, the minimum interest rate shall be updated on the first business day of every January, April, July and October to the Bank of Canada rate on that day. Appraisals, time periods 6. (1) For the purposes of clause 37 (33) (b) of the Act, the time period is 30 days. (2) For the purposes of subsection 37 (35) of the Act, the time period is 45 days. (3) For the purposes of subsection 37 (39) of the Act, the time period is 60 days. Special account, report 7. (1) For the purposes of subsections 37 (48) and 42 (17) of the Act, the following information shall be provided to the public, in accordance with subsection (4) of this section, each year in respect of the preceding year: 1. Statements of the opening and closing balances of the special account and of the transactions relating to the account. 2. In respect of the special account referred to in subsection 37 (45) of the Act, statements identifying, i. facilities, services and matters acquired during the year with funds from the special account, ii. details of the amounts spent, and iii. for each facility, service or matter mentioned in subparagraph i, the manner in which any capital cost not funded from the special account was or will be funded. 3. In respect of the special account referred to in subsection 42 (15) of the Act, statements identifying, i. land and machinery acquired during the year with funds from the special account, ii. buildings erected, improved or repaired during the year with funds from the special account, iii. details of the amounts spent, and iv. for each asset mentioned in subparagraphs i and ii, the manner in which any capital cost not funded from the special account was or will be funded. 4. The amount of money borrowed from the special account and the purpose for which it was borrowed. 5. The amount of interest accrued on any money borrowed from the special account. O. Reg. 509/20, s. 7; O. Reg. 439/22, s. 1 (1). (2) With respect to municipalities that are required to prepare a parks plan under subsection 42 (4.1) of the Act, a report shall be provided to the public, in accordance with subsection (4) of this section, each year for the purposes of subsection 42 (17) of the Act. O. Reg. 439/22, s. 1 (2). (3) The report under subsection (2) shall explain how land conveyed to the municipality under sections 42 and 51.1 of the Act and funds from the special account spent during the preceding year contributed to addressing the need for parkland in the municipality that was set out in the parks plan referred to in subsection 42 (4.1) of the Act. O. Reg. 439/22, s. 1 (2). (4) The information referred to in subsection (1) and the report referred to in subsection (2), if required, shall be made available to the public by posting the information and report, either as one document or separately, on the website of the municipality or, if there is no such website, in the municipal office. O. Reg. 439/22, s. 1 (2). Identification of land, prescribed requirements 8. For the purposes of identifying land in accordance with subsection 42 (4.30) of the Act, the owner of the land shall provide the following information and material in relation to the part of the land the owner proposes to be conveyed to the municipality: 1. A plan of survey, prepared by an Ontario land surveyor licensed under the Surveyors Act, that includes the information set out in subsection 24 (1) of Ontario Regulation 216/10 (Performance Standards for the Practice of Professional Land Surveying) made under that Act. 2. A description of any existing or proposed easements or other restrictions to which the land is, or could become, subject. 3. A description of any existing or proposed below grade infrastructure that is encumbering, or could encumber, the land. 4. A statement by the owner indicating whether the land meets the criteria set out in section 11. O. Reg. 207/26, s. 1. Notice of refusal 9. A notice provided by a municipality under subsection 42 (4.34) of the Act to refuse to accept the conveyance of land shall meet the following requirements: 1. The notice shall be given by personal service, ordinary mail, fax or email. 2. The notice shall be given within 20 days of the day the municipality decides to refuse to accept the conveyance of land. 3. The notice shall include, i. a statement that the council of the municipality has decided to refuse to accept the conveyance of the land, ii. an explanation for the refusal, iii. a statement that the owner of the land may appeal the refusal, within 20 days of the notice being given, to the Ontario Land Tribunal by filing with the clerk of the municipality a notice of appeal accompanied by the fee charged by the Tribunal, and iv. the last date for filing a notice of appeal. O. Reg. 207/26, s. 2. Record following notice of appeal 10. For the purposes of clause 42 (4.36) (a) of the Act, the following information and material shall be included in the record: 1. A copy of the information and material set out in section 8. 2. If applicable, a copy of the notice given under subsection 42 (4.34) of the Act. 3. A copy of any report considered by the council relating to the land identified in accordance with subsection 42 (4.30) of the Act. O. Reg. 207/26, s. 2. Criteria for purposes of s. 42 (4.38) of the Act 11. For the purposes of subsection 42 (4.38) of the Act, the following criteria are prescribed in relation to land identified in accordance with subsection 42 (4.30): 1. The land does not have in it any contaminants that would pose a risk to human health. 2. None of the land comprises any part of hazardous lands or hazardous sites, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act. 3. None of the land is affected by mine hazards or oil, gas and salt hazards, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act. 4. None of the land is affected by former mineral mining operations, mineral aggregate operations or petroleum resource operations, as those terms are defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act. 5. The land does not contain and is not adjacent to any natural heritage features and areas, as that term is defined in the Provincial Planning Statement issued under subsection 3 (1) of the Act, unless the use of the land for a park would have no negative impacts on the feature or area. 6. The land will contain a sufficient depth and volume of soil to accommodate trees. 7. The land does not contain any liens, charges or other financial encumbrances that will not be removed before being conveyed to the municipality. 8. The land will be available to the public at all times, subject to any rules the municipality may choose to put in place. 9. The land will be visible from municipal or other publicly-owned land. 10. The land will be accessible by all users directly from municipal or other publicly-owned land. 11. The land is of a size and shape that is appropriate for park or other public recreational purposes. 12. The land identified in accordance with subsection 42 (4.30) of the Act is not located in the Greenbelt Area, unless the land proposed for development or redevelopment is in the Greenbelt Area. 13. If the land is within the Greenbelt Area, its use as a park would conform with the Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan, as applicable. O. Reg. 207/26, s. 2.