Ontario Land Tribunal
CORRECTION NOTICE
OLT CASE NO(S).: OLT-22-003394
DECISION ISSUE DATE(S): November 23, 2022
CORRECTION NOTICE ISSUE DATE: December 13, 2022
RE: Hamilton Halton Home Builders’ Association v. Hamilton (City)
Correction: In the Title of Proceedings the date of the hearing event is being corrected by replacing “November 11, 2022” to read “November 9, 2022”
Originally: “November 11, 2022”
Corrected: “November 9, 2022”
EUKEN LUI REGISTRAR 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.
Ontario Land Tribunal
ISSUE DATE: November 23, 2022
CASE NO(S).: OLT-22-003394 (Formerly DC140011)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c.27
Appellant: 2362302 Ontario Inc.
Appellant: Hamilton Halton Home Builders’ Association
Subject: Development Charges By-law No. 14-153
Municipality: City of Hamilton
OLT Case No: OLT-22-003394
Legacy Case No: DC140011
OLT Lead Case No: OLT-22-003394
Legacy Lead Case No: DC140011
OLT Case Name: Hamilton Halton Home Builders’ Association v. Hamilton (City)
Heard: November 11, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Hamilton | M. Kovacevic |
| West End Home Builders' Association ("WEHBA") | C. deSereville |
| 2362302 Ontario Ltd. | A. Toumanians |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE AND ORDER OF THE TRIBUNAL
1This was a Settlement Hearing on two Appeals from provisions of the City of Hamilton Development Charges By-law (“DC”). These were:
a. 2362302 Ontario Inc. (“2362302”), filed August 5, 2014; and
b. Hamilton Halton Home Builders’ Association, filed on July 29, 2014. The Association subsequently changed its name to the West End Home Builders’ Association (“WEHBA”).
2Both Appellants have agreed to settle their Appeals based on Minutes of Settlement as outlined in Ms. Gillies’ Affidavit (Exhibit 1). The Tribunal approved the settlements orally and makes the requested orders below.
3Evidence on the settlements was provided by Lindsay Gillies, Supervisor, Budgets and Fiscal Policy Section, Financial Planning, Administration and Policy Division of the City of Hamilton (“City”) Corporate Services Department. She is a Chartered Professional Accountant and Certified General Accountant of Ontario, and was qualified to give expert evidence based on her present and former positions with the City. She acts as the strategic link between the Development Charge Portfolio and Program and its stakeholders.
4Respecting the City of Hamilton DC By-law No. 14-153 (“DC By-law”) and the appeals thereof, she has these responsibilities, to:
a. Implement 2014 by-law rates and policies;
b. Prepare calculations of amounts owing under the 2014 DC By-law;
c. Respond to inquiries and interpret 2014 By-law; and
d. Provide advice / impact assessment on financial matters for appeals.
Background
5Ms. Gillies testified that the DC By-law was passed on June 25, 2014, following the 2014 Development Charge Background Study (May 20, 2014) and a June Addendum by Watson & Associates Economists Ltd. (“DC Background Study”).
Conservation Authority Capital Costs
6The Development Charge Background Study includes $828,675.00 of capital costs for projects of the Hamilton Conservation Authority (“HCA”). WEHBA had appealed the DC By-law on the ground that it should not contain capital costs for the HCA. 2362302 also included this reason in its Appeal. The City, WEHBA and 2362302 have agreed to settle the issue of the HCA capital costs by having them removed from the DC By-law.
7The determining principle was provided in an earlier Divisional Court decision on a 2012 Region of Halton Development Charge By-law. It determined that capital costs for conservation authority projects were wrongfully included in a DC By-law. Hamilton Halton Home Builders’ Association v Halton (Municipality), 2015 ONSC 7286.
8The OLT had determined in Calloway REIT (Re), 2015 CanLII 25823 (ON LPAT) that the Region of Halton did not have the authority to include the conservation authority capital costs in the HDCB. It found that conservation authorities are independent bodies created by the province based on watershed boundaries. They have clear roles and responsibilities and do not act on behalf of municipalities. Section 5(3) of the Development Charges Act, 1997 S.O. 1997 c.27 (“DCA”) provides for the context for the charge in that it must be authorized by the municipality. The capital costs must be incurred by the municipality, local board or by others on behalf of, and as authorized by a municipality or local board.
9Mr. Kovacevic argued for the City that this authorized the deletion of such charges from the current DC By-law. The only portion of the two settlements that impacts the DC By-laws is the removal of the HCA capital costs. In Ms. Gillies’s professional opinion, the proposed settlements of the Appeals would result in the DC By-law conforming to the requirements of the DCA. The settlement would allow 2362302’s appeal respecting the inclusion of Conservation Authority capital costs. Its Appeal will be dismissed in all other respects.
10The Tribunal agrees that the recommended alterations should be made. The present Schedule A to By-law 14-153 will be deleted. It will be replaced by a revised Schedule A (shown as Appendix A, pp. 1 to 3, to the Minutes of Settlement between the City and WEHBA, found in Ms. Gillies’ Affidavit (Exhibit 1).
ORDER
11The Appeals of Hamilton Halton Home Builders’ Association, now West End Home Builders’ Association (“WEHBA”), and of 2362302 Ontario Inc. (“2362302”) are allowed in part.
12Appendix A of By-law 14-153 is deleted, and is replaced by Appendix A, Pages 1-3, 2-3 and 3-3, Exhibit 1, Affidavit of L. Gillies.
G. BURTON VICE-CHAIR
D.S. COLBOURNE VICE-CHAIR
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.