Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 19, 2024

CASE NO(S).: OLT-24-000605

PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Building Industry and Land Development Association (BILD)

Applicant/Appellant: Distrikt Developments

Applicant/Appellant: Silwell Developments Limited

Subject: Appeal of Decision - Parkland Dedication

Description: BY LAW 2024-034 Parkland Dedication

Reference Number: By-Law 2024-034

Property Address: Town Wide

Municipality/UT: Oakville

OLT Case No.: OLT-24-000605

OLT Lead Case No.: OLT-24-000605

OLT Case Name: Building Industry and Land Development Association v Oakville (Town)

Heard: November 28, 2024 in writing

APPEARANCES:

Parties	Counsel
Town of Oakville	Andrew Biggart, Nadia Chandra
Building Industry and Land Development Association	Ira Kagan
Distrikt Developments	Calvin Lantz
Silwell Developments Limited	Christopher Williams, Laura Dean

DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This Decision and Order arises from a written settlement hearing before the Ontario Land Tribunal (“Tribunal”), on consent of the Parties, pertaining to appeals by the Building Industry and Land Development Association (“BILD”), Distrikt Developments (“Distrikt”), and Silwell Developments Limited (“Silwell”, and together with BILD and Distrikt, the “Appellants”) pursuant to s. 42(4.9) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning the passing of Parkland Dedication By-law No. 2024-034 (“New Parkland By-law”) by the Town of Oakville (“Town”).

BACKGROUND

2On April 8, 2024, Town Council passed the New Parkland By-law to require the conveyance of parkland, or the payment-in-lieu of parkland, pursuant to section 42 of the Act. The new Parkland By-law repeals and replaces By-law No. 2022-108 to implement changes the Province of Ontario has made in relation to the alternative requirement for parkland conveyances and payments in lieu of parkland in the Town.

3The New Parkland By-law came into effect on April 9, 2024.

4The Appellants each filed separate appeals to the Tribunal with respect to the New Parkland By-law, pursuant to s. 42(4.9) of the Act, on various grounds, including as follows:

(i) the absence of appropriate credits in section 4.2 of the New Parkland By-law for lands that are not fully programable but should nonetheless be properly characterized as parkland and credited accordingly;

(ii) the need for technical amendments to clarify and recognize credits, and to recognize the application of credits to privately owned public spaces; and

(iii) the need to clarify certain matters relating to the determination of land value for the purpose of calculating payments in lieu of parkland dedication and the timing thereof.

5In particular, Distrikt requested certain minor amendments to Section 6.1 of the New Parkland By-law, which currently provides as follows:

6.1 Timing for Land Value Assessment – Where land is required to be conveyed to the Town, and/or payment in lieu is required to be paid to the Town in accordance with this Parkland Dedication By-law:

i. For development or redevelopment subject to Section 42 of the Planning Act, the value of the land or payment-in-lieu equivalent to be paid shall be determined as the value of the land the day before the day that the building permit is issued in respect of the development or redevelopment, and if more than one building permit is required, the value shall be calculated the day before the day that the first building permit is issued;

ii. For development or redevelopment subject to Sections 51.1 and 53 of the Planning Act, the value of the land or payment-in-lieu equivalent shall be determined as of the day before the day of the approval of the draft plan of subdivision, or as of the day before the day the provisional consent was given; or,

iii. For the development or redevelopment for which approvals are issued in phases, the Town shall calculate and require the conveyance of land for park purposes or the payment of payment-in-lieu in accordance with the provisions of this Parkland Dedication By-law on a phase by phase basis.

6The amendments to Section 6.1 of the New Parkland By-law requested by Distrikt (“Proposed Amendments”) remove subsection 6.1(iii) and revise the remaining provisions of Section 6.1 in order to clarify and better align the language of the New Parkland By-law with s. 42(6.4) of the Act, which provides as follows:

Determination of Value

42(6.4) For the purposes of subsections (4.19), (6), (6.0.1) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued.

7The Town has submitted an affidavit of Matt Day, together with his curriculum vitae and Acknowledgement of Expert’s Duty. In his affidavit, Matt Day confirms that: (i) the Proposed Amendments better align the language of the New Parkland By-law with s. 42(6.4) of the Act; and (ii) the Town is amenable to the Proposed Amendments and has incorporated them in a new by-law proposed to amend the New Parkland By-law, as appended hereto as Schedule A (“Amendment By-law”).

8In addition, the Town has proposed two additional amendments to the New Parkland By-law as follows:

(i) a minor amendment to the definition of “Development” in Section 1(v) of the New Parkland By-law to mirror the definition of “Development” set forth in s. 41 of the Act; and

(ii) a minor revision to Section 3.4 of the New Parkland By-law to clarify that only the residential component of mixed-use development shall be subject to the maximum caps set out therein.

Each of the above amendments are also reflected in the Amendment By-law.

9The Tribunal has been advised that a settlement has been agreed to, upon such that, if approved, the Amendment By-law will resolve Distrikt’s appeal in respect of this matter. The appeals of BILD and Silwell in respect of this matter will continue notwithstanding the approval of the Amendment By-law.

ANALYSIS

10The Tribunal has considered the proposed revisions to the New Parkland By-law and the submissions of Matt Day, and concurs that the minor amendments to be effected pursuant to the Amendment By-law serve to clarify the language set forth therein and better align it with that of the Act, particularly with respect to ss. 41 and 42(6.4) thereof.

11Accordingly, the Tribunal orders that the Amendment By-law be approved.

ORDER

12THIS MATTER having come before the Tribunal for a written settlement hearing on November 28, 2024, and upon receiving the written evidence of Matt Day, on consent of the Parties, and being advised of a settlement having been agreed upon, the Tribunal allows the appeal in part.

13THE TRIBUNAL having reviewed the final form of the amendment to the Town of Oakville Parkland Dedication By-law No. 2024-034, attached hereto as Schedule A, orders that the appeal is allowed in part and the amendment to By-law No. 2024-034 attached hereto as Schedule A is hereby approved.

“Jennifer Campbell”

J. CAMPBELL 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.