Tribunal lacks jurisdiction to reduce the prescribed 4% Community Benefits Charge rate or add exemptions.
The appellants brought motions for directions regarding appeals of the Community Benefits Charge (CBC) By-laws adopted by the City of Toronto and the City of Mississauga.
The appellants sought a determination that the Ontario Land Tribunal has the jurisdiction to reduce the 4% CBC rate prescribed by the by-laws and Ontario Regulation 509/20, and to exclude non-residential gross floor area from the charge.
The Tribunal found that it does not have the jurisdiction to vary the 4% rate, as the rate is prescribed by provincial regulation and the legislative scheme confers exclusive jurisdiction on municipalities to set the rate up to the prescribed maximum.
The Tribunal also found it lacks jurisdiction to add exemptions or clarify the by-laws to exclude non-residential gross floor area, as this would be tantamount to adding an exemption contrary to s. 37(24)(b) of the Planning Act.
Consequently, the Tribunal struck the appellants' issues and dismissed Dunpar's appeal against the Toronto By-law.
OLTOntario Land TribunalDec 12, 2023
