Excavation and shoring permit constitutes a building permit, precluding application of Bill 23 parkland fee reductions.
The applicant appealed the City of Hamilton's calculation of a cash-in-lieu of parkland fee, arguing that the fee should be reduced under the new provisions of Bill 23.
The central issue was whether an excavation and shoring permit issued prior to Bill 23's in-force date constituted a 'building permit' under the Planning Act and Building Code Act.
The Tribunal applied principles of statutory interpretation and accepted expert evidence that the excavation and shoring permit was indeed a building permit.
Consequently, the Tribunal found that the Bill 23 changes did not apply to the development and dismissed the appeal, upholding the original fee calculation.
OLTOntario Land TribunalJan 29, 2024
