Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 23, 2024

CASE NO(S).: OLT-22-004781

PROCEEDING COMMENCED UNDER subsection 37(17) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant: The Building Industry and Land Development Association (BILD)

Subject: CBC BL 6454-22 Community Benefits Charges

Description: Community Benefits

Property Address: Town-wide

Municipality: Town of Aurora

Reference Number: CBC By-law 6454-22

OLT Case No.: OLT-22-004781

OLT Lead Case No.: OLT-22-004781

OLT Case Name: BILD. v. Aurora (Town)

Heard: September 17, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Building and Land Development Association	Ira Kagan
Town of Aurora	Patricia De Sario

MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON SEPTEMBER 17, 2024 AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1The Tribunal convened a hearing to consider a settlement with regard to an appeal brought pursuant to s. 37(17) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) by the Building and Land Development Association (“BILD”) against the Town of Aurora (“Town”) relating to the implementation of the Town’s Community Benefits Charge By-law No. 6454-22 (“CBC”).

2The matter was appealed under s. 37(17) of the Act. The grounds for BILD’s appeal were that the “Value of the Land” under definition [Section 1.1(y)] as defined in the CBC, together with s.6, applies a charge that exceeds what is warranted because of the failure to exclude all existing pre-development buildings or structures which will remain post-development.

3Mr. Kagan, Counsel for BILD, asserted that the four percent charge should only apply to the new development/redevelopment and not to the value of the existing buildings or structures.

SETTLEMENT PROPOSAL

4Prior to the hearing, the Parties advised that an agreement had been reached (“Settlement”) proposing to bring the CBC in alignment with the changes resulting from the More Homes Built Faster Act, 2022 (“Bill 23”) which amended s. 37(32) of the Act. Bill 23 added an assessment of the ratio of the proposed development/redevelopment’s floor area, as well as adding in a discount to the maximum CBC if it includes an affordable or attainable residential unit.

5The Bill 23 changes were in alignment to the concerns raised in the appeal by BILD.

6Although Bill 23 received Royal Assent on November 28, 2022, the changes to s. 37(32) did not come into effect until June 1, 2024.

7The proposed Settlement was supported by an affidavit sworn on September 6, 2024, from Byron Tan, marked as Exhibit 1. Mr. Tan was qualified to give opinion evidence in the area of land economics.

8It was the opinion of Mr. Tan that by amending s. 6 of the CBC as set out below, consistency with [s. 37(32)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c