Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 11, 2022
CASE NO(S).: OLT-22-002214
PROCEEDING COMMENCED UNDER section 8(2) of the An Act Respecting the Township of Mara
Appellant: Township of Ramara
Subject: Seek approval of By-law
Description: By-law No. 2021.78 – Seeking amendments to levies that applies to Short Term Rental Accommodation units within Lagoon City
Reference Number: By-law No. 2021.78
Property Address: Town Wide
Municipality/UT: Ramara/Simcoe
OLT Case No.: OLT-22-002214
OLT Lead Case No.: OLT-22-002214
OLT Case Name: Ramara (Township) v. Ramara (Township)
Heard: June 14, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Township of Ramara | John Ewart |
Memorandum of oral decision DELIVERED BY HUGH S. WILKINS ON June 14, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a Case Management Conference (“CMC”) that was held in relation to a request made by the Township of Ramara (“Township”) under s. 8 of the Township of Mara Act, 1986 for approval of an amendment to the Township’s Lagoon City Parks and Waterways Levy By-law No. 2001.87.
2Under s. 8 of the Township of Mara Act, 1986, properties in Lagoon City that front onto a canal are charged a levy, which is apportioned to those properties based on formulae set out in the Act and in the Township’s By-law No. 2001.87. The Township seeks an amendment to the By-law to require that properties with short-term rental accommodations operating on them are treated as hotels and are charged a higher levy than residential properties that do not have short-term accommodation rentals operating on them.
3Section 8(2) of the Act states that amendments to the By-law apportioning the levy do not come into force until approved by the Tribunal. The purpose of the CMC was to provide directions on preparations for a hearing at which the Tribunal will determine whether the proposed amendment should be approved.
4At the CMC, the Tribunal addressed a request for Participant status, the identification of issues to be adjudicated at the hearing, and the scheduling of the hearing.
Request for Participant Status
5Terry Ratchev requested Participant status. He owns and operates a short-term rental accommodation in the area and has concerns regarding the proposed increase in the levy. The Township did not object to his request and the Tribunal granted him Participant status.
Identification of Issues and Scheduling of the Hearing
6The Township identified the sole issue to be addressed at the hearing as “whether the proposed levy is fair and reasonably justifiable”. The Township stated that it would undertake to file with the Tribunal and provide the Participant with all witness statements and evidence upon which the Township will rely at the hearing by no later than 30 days before the hearing. The Township stated that it would call one witness and submitted that a one-day hearing would be required.
7The Tribunal scheduled a one-day hearing for September 2022.
ORDER
8The Tribunal orders that Terry Ratchev is a Participant in this proceeding.
9The Tribunal orders that the Township file with the Tribunal and serve on the Participant the evidence and witness statements upon which it intends to rely at the hearing by no later than Monday, August 22, 2022.
10The Tribunal directs that the Participant file with the Tribunal and serve on the Township his written submissions by Thursday, September 1, 2022.
11The Tribunal orders that the hearing of this matter will be held by video hearing on Wednesday, September 21, 2022, commencing at 10 a.m.
12Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
13Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1(888) 455-1389 or +1(647) 497-9391. The Access Code is as indicated above.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the video hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
16There will be no further notice.
17This Member is not seized.
“Hugh S. Wilkins”
hugh s. Wilkins
MEMBER
Ontario Land Tribunal
Website: www.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.