Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 10, 2024
CASE NO(S).: OLT-23-000885
PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Building Industry and Land Development Association (BILD)
Subject: Parkland Dedication
Description: Appeal of Parkland Dedication By-law 55-2023
Reference Number: By-law 55-2023
Property Address: Lands within the boundaries of the City of Burlington
Municipality/UT: Burlington / Halton
OLT Case No.: OLT-23-000885
OLT Lead Case No.: OLT-23-000885
OLT Case Name: Building Industry and Land Development Association (BILD) v. Burlington (City)
Heard: January 9, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| Building Industry and Land Development Association | Ira Kagan |
| City of Burlington | Kim Mullin |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON ON JANUARY 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding an appeal by the Building Industry and Land Development Association (“BILD”) pursuant to s. 42(4.9) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning Parkland Dedication By-law No. 55-2023 (“Parkland By-law”) for the City of Burlington (“City”).
2The Parkland By-law establishes new requirements for residential parkland conveyance in response to Bill 23, the More Homes Built Faster Act, 2022 (“More Homes Act”).
NOTICE
3The Tribunal was in receipt of an Affidavit of Service sworn by Jo-Anne Rudy on November 3, 2023, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.
REQUESTS FOR STATUS
4There were no requests for Party or Participant Status at the CMC. Accordingly, the only Parties to these proceedings are BILD and the City. No further requests for Party or Participant Status will be granted.
ISSUES
5The Parties informed the Tribunal that they are waiting for the Province to release regulations for the More Homes Act that address parkland dedication requirements for encumbered lands (e.g., parkland with underground parking structures and/or stormwater management facilities below grade).
6Ira Kagan, counsel for BILD, submitted that the only issue in these proceedings is that the Parkland By-law does not yet reflect any parkland dedication credits for encumbered land.
OPPORTUNITIES FOR SETTLEMENT
7Mr. Kagan further submitted that the Parties will most likely be able to negotiate a resolution (without requiring assistance from the Tribunal) once the Provincial regulations mentioned above are issued. Kim Mullin, counsel for the City, agreed.
NEXT STEPS
8Given that the Parties are waiting for the Province to release the aforementioned regulations (at which point the Parties may very well reach a mutual resolution of the issue at hand), the Parties suggested that no further action be taken for the next six months.
9The Tribunal agreed and directed that the Parties provide the Tribunal with an update by no later than Friday, June 14, 2024. The Tribunal hereby directs that Mr. Kagan or a representative on his behalf be responsible for coordinating said update.
ORDER
10THE TRIBUNAL ORDERS that counsel for the Building Industry and Land Development Association provide an update to the Tribunal’s Case Coordinator having carriage of this matter by no later than Friday, June 14, 2024.
11There will be no further notice.
12This Member is not seized.
“S. Dixon”
S. DIXON
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.