Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 02, 2022
CASE NO(S).: OLT-22-002671
(Formerly DC180024)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Lefroy Settlement Area Management
Description: Appeal against the passing of a Development Charge By-law
Reference Number: BL 104-18
Property Address: All properties affected by By-law 104-18
Municipality/UT: Innisfil/Simcoe
OLT Case No.: OLT-22-002671
Legacy Case No.: DC180024
OLT Lead Case No.: OLT-22-002671
Legacy Lead Case No.: DC180024
OLT Case Name: Lefroy Settlement Area Management v. Innisfil (Town)
Heard: In writing
APPEARANCES:
Parties
Counsel
Town of Innisfil (“Town”)
B. Engell
Lefroy Settlement Area Management Inc. (“Lefroy”)
R. Howe
DECISION DELIVERED BY WILLIAM R. MIDDLETON AND ORDER OF THE TRIBUNAL
1This matter proceeded as a settlement hearing in writing only, on consent of the Parties, having been originally scheduled for an oral hearing on August 16, 2022, before the Ontario Land Tribunal (“OLT” or “Tribunal”).
2This proceeding concerns a motion by the Town for certain Orders, pursuant to s. 16(3) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended (“Act”) pertaining to the Town’s Development Charge By-law No. 104-18 enacted on September 19, 2018, pursuant to s. 2 of the Act (“DC By-law”) as follows:
(a) amending Schedule ‘A’ of the DC By-law, entitled “Town–Wide Development Charges” by replacing the residential and non-residential development charges respecting the Roads and Related Town-Wide service with the development charges as set out in Attachment 1 to this Decision;
(b) amending Schedule ‘D’ of the DC By-law, entitled “Innisfil South Service Area – Water and Wastewater Charges” by replacing the residential and non-residential development charges respecting the Water Distribution and Wastewater Collection services with the development charges as set out in Attachment 1 to this Decision; and,
(c) amending Schedules ‘B’, ‘C’, ‘E’ and ‘F’ of the DC By-law, in respect of non-residential development charges respecting the Water Distribution and Wastewater Collection services as set out in Attachment 1 to this Decision.
3The Town seeks the Orders referred to in paragraph [2], as a result of a resolution that it reached with Lefroy, one of two Appellants in this matter. The other Appellant, Friday Harbour Resorts Holdings Inc., withdrew its appeal before this written motion was initiated by the Town.
4Counsel for Lefroy advised the Tribunal by correspondence dated June 29, 2022, prior to the written motion hearing that:
…we support the… [Town’s] …motion, and the amendments to the… [DC]… By-law recommended in the motion, and respectfully request that the Tribunal issue an Order approving the recommended amendments [sought by the Town]…
5The material before the Tribunal included the Town’s Motion Record dated June 28, 2020, comprising 50 pages, which included the supporting Affidavit of Craig Binning sworn on the same date.
6Mr. Binning has a Masters in Philosophy (Political Economics) from the University of Glasgow, Scotland, and a Bachelor of Arts (Economics) from Queen’s University, Kingston, Ontario and is designated as a Professional Land Economist (PLE). He also has over 30 years’ experience related to public sector economic and fiscal impact modelling and analysis, cost benefit assessment, rate setting, user fee evaluation and municipal development charges. The Tribunal qualified Mr. Binning to provide opinion evidence concerning such matters in this proceeding.
7In his Affidavit, Mr. Binning attested that:
(a) he was retained by the Town of Innisfil to prepare and complete a Development Charges Background Study (“DC Study”) and to conduct an associated public process leading to the passage of the DC By-law;
(b) he prepared a DC Study, dated July 19, 2018, with Addendum Reports dated August 23, 2018 and September 11, 2018, for the Town. A consolidated version of the DC Study was released on October 1, 2018;
(c) the DC Study was undertaken to update Town-wide and area-specific development charges in advance of the expiry of the previous by-law (By-Law No. 001-14) on February 1, 2019;
(d) subsequent to the public meeting conducted by the Town as required under the Act, on September 19, 2018, Town Council passed the DC By-law to impose development charges for the recovery of growth-related capital costs;
(e) Schedule ‘A’ to the DC By-law sets out Town-wide development charges for the following services: Library Board, Fire Services, Police Services, Parks and Recreation, Public Works, Municipal Fleet and General Government. Schedules ‘B’ to ‘F’ to the DC By-law set out area-specific water and wastewater development charges for five distinct service areas that are delineated on a map attached as Schedule ‘G’ to the By-law for the following services: Water Distribution, Water Supply and Treatment, Wastewater Collection and Wastewater Treatment;
(f) Bill 108 (More Homes, More Choice Act, 2019) amended the Act by removing the requirement that the capital costs of certain services funded by a development charge be reduced by 10%. The Town began preparing a scoped amendment to the DC By-law to update its development charges for the services affected by the amendment to the Act;
(g) in support of those proposed amendments, Mr. Binning prepared a Development Charges Amendment Background Study, dated September 24, 2021 (“Amendment Study”). On November 24, 2021, Town Council enacted By-Law No. 099-21 to amend the DC By-law and update the residential and non-residential development charges for the following services: Library Board, Parks and Recreation, Municipal Fleet, and General Government. The development charges for the other Town-wide services, and the area-specific development charges, in By-law No. 104-18 were not affected by the amendments in By-law No. 099-21;
(h) the Town and Lefroy have agreed upon a resolution of Lefroy’s appeal against the DC By-law, in accordance with the adjustments to the DC By-law now set out in Schedules A, B, C, D, E and F contained in Attachment 1 hereto and,
(i) Mr. Binning is of the opinion that the DC By-law should be amended to reflect the amended development charge rates and that Schedules A, B, C, D, E and F contained in Attachment 1 shall replace the currently existing Schedules A, B, C, D, E and F in the DC Bylaw (“Adjustments”) and further that these Adjustments are appropriate, reasonable, and calculated in accordance with the Act.
8The Tribunal accepts the uncontroverted opinions and conclusions of Mr. Binning described above in paragraph [7] and, taking into account the consent of counsel for Lefroy, is of the view that the Adjustments to the Town’s DC By-law are in accordance with the requirements of the Act and that the resolution reached between the Town and Lefroy is fair, reasonable and is in the public interest.
9Therefore, the Tribunal allows the appeal of Lefroy and approves the settlement proposed by the Parties.
ORDER
10The Tribunal Orders that the Town’s Development Charge By-law No. 104-18 is hereby amended by replacing its currently existing Schedules A, B, C, D, E and F with the amended Schedules A, B, C, D, E and F now set out in Attachment 1 to this Order.
“William R. Middleton”
WilLIAM R. MIDDLETON
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.
ATTACHMENT 1
SCHEDULE ‘A’
Town-Wide Development Charges
SCHEDULE ‘B’
Innisfil North Service Area – Water and Wastewater Charges
Note:
These charges are applicable to development receiving municipal sewer and/or water servicing within the prescribed service area and are in addition to the charges identified on Schedule A.
The Service Area is shown on Schedule G.
SCHEDULE ‘C’
Friday Harbour Resort Service Area – Water and Wastewater Charges
Note:
These charges are applicable to development receiving municipal sewer and/or water servicing within the prescribed service area and are in addition to the charges identified on Schedule A.
The Service Area is shown on Schedule G.
SCHEDULE ‘D’
Innisfil South Service Area – Water and Wastewater Charges
Note:
These charges are applicable to development receiving municipal sewer and/or water servicing within the prescribed service area and are in addition to the charges identified on Schedule A.
The Service Area is shown on Schedule G.
SCHEDULE ‘E’
Innisfil Central Service Area – Water and Wastewater Charges
Note:
These charges are applicable to development receiving municipal sewer and/or water servicing within the prescribed service area and are in addition to the charges identified on Schedule A.
The Service Area is shown on Schedule G.
SCHEDULE ‘F’
Cookstown Service Area – Water and Wastewater Charges
Note:
These charges are applicable to development receiving municipal sewer and/or water servicing within the prescribed service area and are in addition to the charges identified on Schedule A.
The Service Area is shown on Schedule G.