Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 02, 2021
CASE NO(S).: DC190022
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: 1356715 Ontario Inc., et. al. v. Hamilton (City)
Subject: Development Charges By-law No. 19-141
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190022
OLT Case Name: 1356715 Ontario Inc., et al v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: 1356715 Ontario Inc., et. al. v. Hamilton (City)
Subject: Development Charges By-law No. 19-142
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190023
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: McMaster University
Subject: Development Charges By-law No. 21-102
Municipality: City of Hamilton
OLT Lead Case No.: OLT-21-001402
OLT Case No.: OLT-21-001402
OLT Case Name: McMaster University v. Hamilton (City)
Heard: November 23, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| McMaster University (“McMaster”) | R. Aburto/C. Campos |
| City of Hamilton (“City”) | A. Knudsen |
| Mohawk College (“Mohawk”) | S. Fung |
| West End Home Builders’ Association (“WEHBA”) | R. Kehar |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON NOVEMBER 23, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference with regard to a proposed settlement of two Development Charge By-law appeals by McMaster.
2For the reasons set out below, the Tribunal allowed the appeals in part as it found the proposed amendment to be fair and reasonable and to implement the statutory regime.
DECISION
3The Tribunal had before it two matters previously consolidated: first being McMaster’s appeal of the City’s 2019 Development Charges By-law No. 19-142 (“2019 DC By-law”) as found in the Tribunal’s file DC190022, and secondly McMaster’s appeal of the City’s 2021 amending Development Charges By-law No. 21-142 (“2021 DC By-law”) as found in the Tribunal’s file OLT-21-001402.
4With the assistance of Tribunal-led mediation, the parties were able to resolve their issues, entered into Minutes of Settlement (Exhibit 4), and had agreed upon a proposed amendment to the 2019 DC By-law (Exhibit 3).
5The Tribunal was provided with the affidavit of Kirk Weaver in support of the proposed settlement. Mr. Weaver is the City’s Manager, Budgets and Fiscal Policy Section of the Financial Planning, Administration and Policy Division in the City’s Corporate Services Department. His affidavit may be found at Exhibit 1. There he opines that the settlement reached between the parties effectively implements s. 6.1 of the Ministry of Training, Colleges, and Universities Act (“Act”) and sets out a process to assess the statutory exemption for the construction of a McMaster project. This affidavit evidence was unchallenged and uncontradicted.
6Having read Mr. Weaver’s affidavit, and having heard the submissions of counsel, the Tribunal allowed the appeals in part, and approved the amendment in Exhibit 3 as it found the proposed amendment to be fair and reasonable so as to implement the statutory regime found in the Act, and to provide a process by which to assess the applicability of the exemption to the McMaster project.
7Appended hereto and forming part of this Decision as Schedule A is the amendment to the City’s 2019 DC By-law, and Schedule B being the Minutes of Settlement dated November 10, 2021 between McMaster and the City.
8The Tribunal wishes to congratulate the parties for their willingness to participate in Tribunal-led mediation, arrive at a resolution and thereby avoid a lengthy and costly hearing. The Tribunal was pleased to hear reports that the Tribunal-led mediation was “…of immense help…” in resolving these matters.
9Schedules A and B appended hereto form part of this Decision.
10This is the Order of the Tribunal.
11The Tribunal may be spoken to, should any matters arise respecting the implementation of this Order.
“Blair S. Taylor”
BLAIR S. TAYLOR MEMBER
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
SCHEDULE “A” TO TRIBUNAL ORDER
Authority: Item __ , Audit, Finance & Administration Committee Report: 21-_____ (FCS21___) CM: _____, 2021 Bill No. ___
CITY OF HAMILTON BY-LAW NO. 21-______
To Amend Development Charges By-law No. 19-142, as amended
WHEREAS Development Charges By-law No. 19-142 was passed on June 12, 2019;
AND WHEREAS Development Charges By-law No. 19-142 was amended by By-law No. 21-102, which was passed on June 9, 2021;
AND WHEREAS pursuant to the Order/Decision of the Ontario Land Tribunal Issued on ____________, 2021, under Tribunal Case Nos. DC190022/OLT-21-001402, Development Charges By-law No. 19-142 and amending By-law 21-102, be amended as hereinafter provided;
NOW THEREFORE the Ontario Land Tribunal, pursuant to the Order/Decision Issued on ___________, 2021, under Tribunal Case Nos. DC190022/OLT-21-001402, enacts as follows:
- That the following subsections be added to section 25 of By-law No. 19-142, as amended:
(h) development on land vested in or leased to a university that receives regular and ongoing operating funds from the Government of Ontario for the purposes of post-secondary education, if the development in respect of which development charges would otherwise be payable is intended to be occupied and used by the university. The exemption in this subsection (h) shall only apply as long as sections 6.1 of the Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19, remains in force and effect.
(i) for greater certainty, the exemption from development charges referred to in subsection (h) applies with respect to land described in that subsection regardless of whether an application referred to in clause 26.2(1)(a) or (b) of the Development Charges Act, 1997, has been made with respect to that land on or before December 8, 2020.
Pursuant to the Order/Decision of the Ontario Land Tribunal Issued on ____________ , 2021, under Tribunal Case Nos. DC190022/OLT-21-001402.