Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 22, 2023
CASE NO(S).: OLT-21-001645 (formerly DC210003)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Building Industry & Land Development Association
Subject: Development Charges By-law No. 77-2020
Municipality: Regional Municipality of Peel OLT Case No.: OLT-21-001645 Legacy Case No.: DC210003 OLT Lead Case No.: OLT-21-001645 Legacy Lead Case No.: DC210003 OLT Case Name: Building Industry & Land Development Association v. Peel (Reg. Mun.)
Heard: August 4, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Region of Peel | Patrick Harrington |
| Building Industry and Land Development Association (BILD) | Susan Rosenthal Alex Lusty |
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON AUGUST 4, 2023 AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The matter before the Tribunal concerns an appeal filed by the Appellant of the Region of Peel’s (“Region”) Development Charges By-law 77-2022 (“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 December 10, 2020, as follows:
a. Amending Schedule “A” of the DCBL entitled “Region of Peel [(City of Brampton)(City of Mississauga)] Residential Development Charge Rates” respecting the following programs: Hard Services including Water Supply, Wastewater, Services Related To A Highway-Transportation. Soft Services including Public Works, Peel Regional Police Services, Growth Studies, Long Term Care, Public Health, Paramedics, Housing Services and Waste Diversion. Amending the same Schedule “A” entitled “Region of Peel (Town of Caledon) Residential Development Charge Rates” respecting the same Hard Services and the same Soft Services excepting Peel Regional Police Services and adding Ontario Provincial Police Services as set out in Attachment 1 to this Decision;
b. Amending Schedule “B-1” of the DCBL entitled “Region of Peel [(City of Brampton)(City of Mississauga)] Development Charge Rates Industrial” respecting the following programs: Water Supply, Wastewater, Services Related To A Highway-Transportation, Public Works, Peel Regional Police Services, Growth Studies, Paramedics and Waste Diversions. Amending the same Schedule “B-1” entitled “Region of Peel (Town of Caledon) Development Charge Rates Industrial” respecting the same programs excepting Peel Regional Police Services and adding Ontario Provincial Police Services as set out in Attachment 1 to this Decision;
c. Amending Schedule “B-2” of the DCBL entitled “Region of Peel [(City of Brampton)(City of Mississauga)] Development Charge Rates Non-Residential Non-Industrial” respecting the following programs: Water Supply, Wastewater, Services Related To A Highway-Transportation, Public Works, Peel Regional Police Services, Growth Studies, Paramedics and Waste Diversions. Amending the same Schedule “B-2” entitled “Region of Peel (Town of Caledon) Development Charge Rates Non-Residential Non-Industrial” respecting the same programs excepting Peel Regional Police Services and adding Ontario Provincial Police Services as set out in Attachment 1 to this Decision;
d. The addition of a new “Section 11” in the DCBL “Credits Related to Infrastructure Delivery” as set out in Attachment 1 to this Decision:
1The Region, in its sole discretion and in accordance with terms and conditions acceptable to the Region, may agree to enter into an agreement with an owner pursuant to section 38 of the Act for the delivery of infrastructure.
2Where the Region agrees to enter into an agreement pursuant to section 38 of the Act, the subject development charge credits for the infrastructure delivered will be based on the costing, as indexed, in the DC Background Study, or such other amount as may be agreed to by the Region and the owner.
3The material before the Tribunal included a Settlement Motion Record dated July 25, 2023, and was marked as Exhibit 1.
4The Affidavit of Gary Scandlan sworn July 25, 2023, supporting the proposed settlement was incorporated as part of Exhibit 1.
5Mr. Scandlan is a Professional Land Economist and holds a Bachelor of Arts (Economics) from McMaster University. He has extensive experience in undertaking development charges studies. Mr. Scandlan has been the study director for more than 400 development charge policy studies for various municipalities in Ontario and has been qualified by the Tribunal to give opinion evidence on many occasions. The Tribunal qualified Mr. Scandlan to provide opinion evidence concerning such matters in this proceeding.
6In his Affidavit, Mr. Scandlan attested that:
a. His firm was retained by the Region 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 18, 2020, an Addendum Report, dated November 26, 2020, and a consolidated version of the DC Study on December 16, 2020;
c. The DC Study and accompanying By-law were considered at a statutory public meeting on October 8, 2020;
d. On December 10, 2020, Regional Council passed the DCBL with an effective date of January 22, 2021, to impose development charges for the recovery of development-related capital costs;
e. The Appellant and the Region have agreed upon a resolution of the appeal against the DCBL with the adjustments to the DCBL now set out in Schedules A, B-1 and B-2. The resolution also calls for an addition to the DCBL outlining the process for credits related to infrastructure delivery.
f. Mr. Scandlan is of the opinion that the settlement, as expressed through the revised DCBL, represents a reasonable and an appropriate development charge structure in accordance with the provisions and regulations of the Act.
7The Tribunal accepts the uncontroverted opinions and conclusions of Mr. Scandlan described above in paragraph [6] and, taking into account the consent of counsel for the Appellant, is of the view that the Adjustments to the Region’s DCBL are in accordance with the requirements of the Act and that the resolution reached between the Region and Appellant is fair, reasonable and is in the public interest.
ORDER
8THE TRIBUNAL ORDERS that the appeal is allowed in part. The Region of Peel Development Charges By-law 77-2020 is hereby amended by:
a. The addition of Section 11 “Credits Related to Infrastructure Delivery” as set out in Attachment 1 to this Order;
b. Replacing the current Schedules, A, B-1 and B-2 with amended Schedules A, B-1 and B-2 as set out in Attachment 1 to this Order; and
c. Pursuant to Section 17 of the Development Charges Act, 1997, S.O. 1997, c.27 as amended, this Order shall be deemed to have come into force and effect on January 22, 2021.
“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