Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

March 18, 2026

CASE NO(S).:

OLT-22-004529

PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant:

Ambria (First-Welland) Limited

Reference Number:

2022-165

Property Address:

744 First Avenue

Municipality/UT:

Welland/Niagara

OLT Case No.:

OLT-22-004529

OLT Lead Case No.:

OLT-22-004529

OLT Case Name:

Ambria (First-Welland) Limited v Welland (City)

Heard:

March 6, 2026 in writing

APPEARANCES:

Parties

Counsel

Ambria (First-Welland) Limited, Primont (Thorold/Welland) Inc.

A. Platt

City of Welland

C. Williams

A. Gajaria

DECISION DELIVERED BY T.F. NG AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This was a decision arising from a settlement of the appeal by Ambria (First-Welland) Limited and Primont (Thorold/Welland) Inc. (““Appellants”) against the decision of the City of Welland (“City”) regarding Development Charges By-law No. 2022-165 (“DCBL”) under s. 14 of the Development Charges Act, 1997, S.O. 1997, c. 27 (“DCA”), as it relates to the properties located at 744 First Avenue, 436 Quaker Road, and 0 Quaker Road.

2The Appellants claimed that “the DCBL does not include specific language or a mechanism for a collective group of landowners to repeal the area specific charges should a Cost Sharing Agreement be formed and signed”. The language contained in the Recommendation Report (Report P&B-2022-47) dated August 18, 2022 for the Special Council Meeting was omitted from the DCBL.

3The Parties had settled the dispute and had presented a settlement package, including the minutes of settlement and the supporting affidavit of Teresa Patterson, sworn December 9, 2025.

4The Tribunal accepts the statements and contents in the said uncontested affidavit and affirms the settlement with the corresponding order, as attached.

FINDINGS

5The City duly passed the DCBL on August 18, 2022 being: “a by-law to establish development charges for the City of Welland for the northwest service area in accordance with the development charges act, 1997”.

6The Appellants appealed the DCBL to the Tribunal on September 19, 2022.

7The stated purpose in the appeal was: “Welland By-law 2022-165 does not contain any mechanism for repeal in the event area landowners undertake and cost share infrastructure works otherwise included in the area specific charge noted in By-law 2022-165”.

8This matter is solely related to a specific change to a section of the DCBL, limited to section 10, which currently reads as follows: “10. Council may enter into front-ending agreements in accordance with the provision of the Act and the regulations from time to time in force.”

9That language is proposed to be substituted with the following language allowing for flexibility in approach to infrastructure funding:

10. (1) Council may enter into front-ending agreements and/or prepayment of services agreement for the provision of infrastructure in accordance with the provision of the Act and the regulations from time to time in force with individual owners and/or landowner groups.

(2) Where an individual owner and/or landowner's group have entered into a front-ending or prepayment of services agreement for the provision of infrastructure, with such agreement being to the satisfaction of the City and on terms acceptable to the City in the City's sole discretion, all or a portion of the applicable area specific charge that is related to the provision of said infrastructure shall not apply to the landowners party to such agreement in accordance with its terms. Applicable refunds will be issued in accordance with this By-law and/or credits will be issued in accordance with section 9 of this By-law.

10The Tribunal finds that the amendment is in the public interest and the appeal is allowed in part.

11Subsection 16(3) of the DCA empowers the Tribunal to: a) dismiss the appeal in whole or in part; b) order the council of the municipality to repeal or amend the by law in accordance with the Tribunal’s order; and/or c) repeal or amend the by law in such manner as the Tribunal may determine.

12Section 17 of the DCA states that:

The repeal or amendment of a development charge by law by the Tribunal…pursuant to an order of the Tribunal, shall be deemed to have come into force on the day the by law came into force.

13The Tribunal thus amends s. 10 of the DCBL, as requested, and the amendment shall be deemed to have come into force and effect on August 18, 2022.

ORDER

14THE TRIBUNAL ORDERS that the appeal is allowed in part by deleting s. 10 of the City of Welland Development Charges By-law No. 2022- 165 and replacing it with the revised s. 10, as set out in Attachment 1 to this Order. In all other respects the balance of the appeal is dismissed.

15THE TRIBUNAL FURTHER ORDERS that pursuant to s. 17 of the Development Charges Act, 1997, S.O. 1997, c. 27, this Order shall be deemed to have come into force and effect on August 18, 2022.

16On consent of the Parties, there shall be no costs awarded of this appeal.

“T.F. Ng”

T.F. NG

VICE-CHAIR

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

10

(1) Council may enter into front-ending agreements and/or prepayment of services agreement for the provision of infrastructure in accordance with the provision of the Act and the regulations from time to time in force with individual owners and/or landowner groups.

(2) Where an individual owner and/or landowner’s group have entered into a front-ending or prepayment of services agreement for the provision of infrastructure to the satisfaction of the City on terms acceptable to the City in the City’s sole discretion, all or a portion of the applicable area specific charge shall not apply to the landowners party to such agreement in accordance with its terms. Applicable refunds will be issued in accordance with this By-law and/or credits will be issued in accordance with section 9 of this By-law.