Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 30, 2024
CASE NO.: OLT-22-004722
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Niagara Falls Canada Hotel Association
Description: Development Charges By-law No. 2022-71
Property Address: Region-wide
Municipality/UT: Region of Niagara
Reference Number: 2022-71
OLT Case No.: OLT-22-004722
OLT Lead Case No.: OLT-22-004722
OLT Case Name: Niagara Falls Canada Hotel Association v. Niagara (Region)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant 1: Niagara Falls Canada Hotel Association
Appellant 2: Niagara Home Builders' Association
Description: Development Charges By-law No. 2022-94
Reference Number: 2022-94
Property Address: Region Wide
Municipality/UT: Region of Niagara
OLT Case No.: OLT-23-000061
OLT Lead Case No.: OLT-23-000061
OLT Case Name: Niagara Falls Canada Hotel Association v. Niagara (Region)
BEFORE:
WILLIAM R. MIDDLETON VICE-CHAIR
Tuesday, the 23rd day of July, 2024
THIS MATTER, involving a dispute under section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27 (“Act”) between the Parties concerning the Region of Niagara Development Charges By-law No. 2022-71 and Development Charges By-law No. 2022-94 (collectively, “By-laws”); and
THE TRIBUNAL having been advised by the Parties on May 22, 2024 that a full settlement has been reached;
AND THE TRIBUNAL, upon reviewing the affidavit of Mr. Daryl Abbs, a professional land use economist retained by the Region of Niagara in connection with this matter, sworn July 4, 2024, delivered with the consent of both Parties, and after due consideration of the By-laws and the requirements of the Act;
NOW THEREFORE
THE TRIBUNAL ORDERS THAT:
The appeal by the Niagara Falls Canada Hotel Association to Development Charges By-law No. 2022-71 is hereby dismissed;
The appeals by the Niagara Falls Hotel Association and the Niagara Homes Builders’ Association to Development Charges By-law No. 2022-94 (“By-law 2022-94”) is allowed in part;
By-law 2022-94 is hereby amended by replacing Schedule ”C” of By-law 2022-94 with the Schedule “C” attached to this Order;
The revised rates as reflected in the attached Schedule “C” shall be in force and effect as of the date of this Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal Website: 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.
UPDATED SCHEDULE “C” TO BY-LAW 2022-94
INSERT ATTACHEMNT/SCHEDULES AS PER DRAFT ORDER