Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 31, 2023

CASE NO(S).: OLT-22-002188

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: Far Sight Investments Ltd. et al

Subject: Development Charges By-law No. 2021-165

Municipality: Town of New Tecumseth

OLT Lead Case No.: OLT-22-002188

OLT Case No.: OLT-22-002188

Case Name: Far Sight Investments Ltd. et al v. New Tecumseth (Town)

Heard: July 10, 2023 by video hearing

APPEARANCES:

Parties

Far Sight Investments Limited Honeyfield Communities Inc. Devonleigh Land Inc. First View Homes (Scarborough) Inc. Beeton Meadows Holdings Inc. 1204551 Ontario Limited (collectively the “Appellants”)

Town of New Tecumseth (“Town”)

Counsel

Robert Howe James Feehely

DECISION DELIVERED BY W. DANIEL BEST AND ORDER OF THE TRIBUNAL

Link to Final Order

1The matter before the Tribunal concerns an appeal filed by the Appellants of the Town’s Development Charges By-law 2021-165 (“DCBL”) under Section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended “(Act”) and the proposed settlement resulting in proposed revisions to the DCBL.

2The Parties are seeking an Order from the Tribunal pursuant to s. 16(3) of the Act pertaining to the DCBL enacted on January 1, 2022 as follows:

a. Amending Schedule “B” of the DCBL entitled “Schedule of Municipal Residential Development Charges Under This Development Charge By-law” respecting the following services: Library Service, Fire Services, Police Services, Parks and Recreation, Services Related to a Highway: Public Works, Services Related to a Highway: Roads and Related, Water Services and Wastewater Services with the development charges as set out in Attachment 1 to this Decision;

b. Amending Schedule “C” of the DCBL entitled “Schedule of Municipal and Non-Industrial Development Charges Under this Development Charge By-law” respecting the following services: Fire Services, Police Services, Services Related to a Highway: Public Works, Services Related to a Highway: Roads and Related, Water Services and Wastewater Services as set out in Attachment 1 of this Decision.

3The material before the Tribunal included the Affidavit of Craig Binning sworn July 6, 2023, supporting the proposed settlement.

4Mr. 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.

5In his Affidavit, Mr. Binning attested that:

a. his firm was retained by the Town to prepare and complete a Development Charges Background Study (“DC Study”) and associated public process leading to the passage of a development charges By-law consistent with the requirements of the Act;

b. his firm prepared a DC Study, dated September 24, 2021. A consolidated version of the study was released in February 2022;

c. the DC Study was undertaken to update Town-wide development charges in advance of the expiry of the previous by-law (By-Law No. 2018-116) on September 8, 2023;

d. the DC Study and accompanying By-law were considered at a statutory public meeting on November 1, 2021;

e. on December 13, 2021, Town Council passed the DCBL with the effective date of January 1, 2022, to impose development charges for the recovery of development-related capital costs;

f. the Appellants and the Town have agreed upon a resolution of the appeal against the DC By-law in accordance with the adjustments to the DCBL now set out in Schedules B and C contained in Attachment 1 hereto and;

g. Mr. Binning is of the opinion that the DCBL should be amended to reflect the amended development charge rates and that Schedules B and C contained in Attachment 1 shall replace the currently existing Schedules B and C in the DCBL (“Adjustments”) and further, that these Adjustments are appropriate, reasonable, and calculated in accordance with the Act.

6The Tribunal accepts the uncontroverted opinions and conclusions of Mr. Binning described above in paragraph [5] and, taking into account the consent of counsel for the Appellants, is of the view that the Adjustments to the Town’s DCBL are in accordance with the requirements of the Act and that the resolution reached between the Town and Appellants is fair, reasonable and is in the public interest.

ORDER

7THE TRIBUNAL ORDERS that the appeal is allowed in part and the Town of New Tecumseth By-law 2021-165 is hereby amended by replacing the current Schedules B and C with amended Schedules B and C now set out in Attachment 1 to this Order.

“W. Daniel Best”

W. DANIEL BEST

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