Supportive housing facility owned by municipality is exempt from development charges under the Development Charges Act.
The Regional Municipality of Durham appealed the Township of Brock's failure to address its complaint regarding development charges paid under protest for a supportive housing facility.
The Region argued that the facility, being owned and operated for municipal purposes, was exempt from development charges under section 3 of the Development Charges Act, rendering the Township's by-law provision to the contrary ultra vires.
The Township contended that the residential units were subject to charges and that the Assessment Act removed the exemption.
The Ontario Land Tribunal found that the Development Charges Act clearly exempts municipally owned and used land, superseding the municipal by-law.
The Tribunal ordered the Township to reimburse the $464,757.00 paid under protest.
OLTOntario Land TribunalJun 6, 2023
