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The Corporation of The Township of Adjala-Tosorontio
By-Law No. 2026-027
A By-Law for the Imposition of Development Charges, and to Repeal By-law
21-84
WHEREAS the Corporation of the Township of Adjala-Tosorontio (the
"Township'") will experience growth through development and re-development;
AND WHEREAS development and re-development requires the provision of
physical and social services by the Township;
AND WHEREAS Council desires to ensure that the capital cost of meeting
growth- related demands or burden on municipal services does not place an
excessive financial burden on the Township or its existing taxpayers while at the
same time ensuring new taxpayers contribute no more than the net capital cost
attributable to providing the current level of municipal services;
AND WHEREAS the Development Charges Act, 1997, S.O. 1997, c.27 (the
"Act") provides that the Council of a municipality may by By-law impose
development charges against land to pay for increased capital costs required
because of increased needs for services;
AND WHEREAS Council authorized a development charges background study
by Hemson Consulting Limited, which study is dated March 24, 2026 and has
been completed in accordance with the Act and approved by Council;
AND WHEREAS the Council of the Township has given notice of and held a
public meeting on the 8th day of April 2026 and on May 13th, 2026 in accordance
with Section 12 of the Act and the regulations thereto;
AND WHEREAS the Council of the Township of Adjala-Tosorontio determined
that no further public meetings were required under section 12(3) of the Act;
AND WHEREAS the Council of the Township has given consideration of the use
of more than one development charge By-law to reflect different needs for
services in different areas, also known as area rating or area specific
development charges, and has determined that for the services and associated
infrastructure proposed to be funded by development charges under this By-law,
that it is fair and reasonable that the charges be calculated on a municipal-wide
uniform basis;
AND WHEREAS the Background Study includes a Cost of Growth Analysis that
deals with all assets whose capital costs are intended to be funded under this By-
law, and that such assets are considered to be financially sustainable over their
full life-cycle;
AND WHEREAS the Council of the Township approved the asset management
plan outlined in the Background Study and gave consideration to incorporate the
asset management plan identified in the Background Study within the Township's
ongoing practices and corporate asset management strategy.
NOW THEREFORE the Council of Township of Adjala-Tosorontio hereby
ENACTS AS FOLLOWS:
SHORT TITLE
This By-law shall be known as the Development Charges By-law.
1. INTERPRETATION
1.1 In this By-law the following items shall have the corresponding meanings:
"Act" means the Development Charges Act, S.O. 1997, c.27 as amended,
or any successor thereof;
"apartment unit" means any residential unit within a building containing
more than four dwelling units where the units are connected by an interior
corridor. Despite the foregoing, an apartment includes Stacked
Townhouse dwellings;
"bedroom" means a habitable room which can be used as sleeping
quarters, but does not include a bathroom, living room, dining room or
kitchen;
"board of education" has the same meaning as set out in the Education
Aci, R.S.O. 19990, Chap. E.2, as amended, or any successor thereof;
"Building Code Act" means the Building Code Act, S.O. 1992, as
amended, or any successor thereof;
"capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of and
as authorized by the municipality or local board,
(a) to acquire land or an interest in land, including a leasehold interest,
(b) to improve land,
(c) to acquire, lease, construct, or improve buildings and structures,
(d) to acquire, construct, or improve facilities including,
(i) furniture and equipment other than computer equipment, and
(ii) material acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.S.O. 1990, Chap. P.44, as amended, or any
successor thereof; and
(iii) rolling stock with an estimated useful life of seven years or
more, and
(e) to undertake studies in connection with any matter under the Act
and any of the matters in clauses (a) to (d) above, including the
development charge background study required for the provision of
services designated in this By-law within or outside the municipality,
including interest on borrowing for those expenditures under
clauses (a) to (e) above that are growth-related;
"commercial" means any use of land, structures or buildings for the
purposes of buying or selling commodities and services, but does not
include industrial or agricultural uses, but does include hotels, motels,
motor inns and boarding, lodging and rooming houses;
"Council" means the Council of the Corporation of the Township of
Adjala-Tosorontio;
"development" means the construction, erection or placing of one or
more buildings or structures on land or the making of an addition or
alteration to a building or structure that the effect of increasing the size of
usability thereof, and includes redevelopment;
"development charge" means a charge imposed with respect to this By-
law;
"dwelling unit" means any part of a building or structure used, designed
or intended to be used as a domestic establishment in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use;
"existing" means the number, use and size that existed as of the date
this by-law was passed;
"farm use" means that part of a bona fide farming operation
encompassing barns, silos and other ancillary development to an
agricultural use, but excluding residential use. Notwithstanding the
foregoing, a farm building does not include retails sales activities including,
but not limited to restaurants; banquet facilities; hospitality and
accommodation facilities; gift shops; services related to grooming,
boarding or breeding of household pets; and marijuana and alcohol
processing or production facilities;
"gross floor area" means:
(a) in the case of a residential building or structure, the total area of all
floors above grade of a dwelling unit measured between the outside
surfaces of exterior walls or between the outside surfaces of
exterior walls and the centre line of party walls dividing the dwelling
unit from any other dwelling unit or other portion of a building; and
(b) in the case of a non-residential building or structure, or in the case
of a mixed-use building or structure in respect of the non-residential
portion thereof, the total area of all building floors above or below
grade measured between the outside surfaces of the exterior walls,
or between the outside surfaces of exterior walls and the centre line
of party walls dividing a non-residential use and a residential use,
except for:
(i) a room or enclosed area within the building or structure
above or below that is used exclusively for the
accommodation of heating, cooling, ventilating, electrical,
mechanical or telecommunications equipment that service
the building;
(ii) loading facilities above or below grade; and
(iii) | apart of the building or structure below grade that is used for
the parking of motor vehicles or for storage or other
accessory use;
"industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of
raw goods, warehousing or bulk storage of goods, and includes office
uses and the sale of commodities to the general public where such uses
are accessory to an industrial use, but does not include the sale of
commodities to the general public through a warehouse club;
"institutional" means development of a building or structure intended for
use:
(a) Asa long-term care home within the meaning of Subsection 2 (1) of
the Long-Term Care Homes Act, 2007;
(b) As aretirement home within the meaning of Subsection 2(1) of the
Retirement Homes Act, 2010.
(c) By any institution of the following post-secondary institutions for the
objects of the institution:
(i) a university in Ontario that receives direct, regular and
ongoing operation funding from the Government of Ontario;
(ii) a college or university federated or affiliated with a university
described in subclause 1.16.3.1; or
(iii) | an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institute Act, 2017;
(d) Asamemorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(e) Asa hospice to provide end-of-life care.
"local board" means a school board, public utility, commission,
transportation commission, public library board, board of park
management, local board of health, board of commissioners of police,
planning board, or any other board, commission, committee, body or local
authority established or exercising any power or authority under any
general or special Act with respect to any of the affairs or purposes,
including school purposes, of the Township of Adjala- Tosorontio or any
part or parts thereof;
"local services" means those services, facilities or things which are
under the jurisdiction of the municipality and are related to a plan of
subdivision or within the area to which the plan relates in respect of the
lands under Sections 41, 51 or 53 of the Planning Act, R.S.O. 1990, Chap.
P.13, as amended, or any successor thereof,
"multiple dwellings" means all dwellings other than single-detached,
semi- detached and apartment unit dwellings;
"municipality" or "township" means the Corporation of the Township of
Adjala-Tosorontio;
"non-residential use" means a building or structure of any kind
whatsoever used, designed or intended to be used for other than a
residential use;
"official plan" means the Official Plan adopted for the Township, as
amended and approved;
"owner" means the owner of land or a person who has made application
for an approval for the development of land upon which a development
charge is imposed!
"place of worship" means that part of a building or structure that is
exempt from taxation as a place of worship under the Assessment Act,
R.S.O. 1990, Chap. A.31, as amended, or any successor thereof;
"rate" means' the interest rate established weekly by the Bank of Canada
based on Treasury Bills having a term of 91 days;
"regulation" means any regulation made pursuant to the Act;
"rental housing development" means development of a building or
structure with four or more dwelling units all of which are intended for use
as rented residential premises.
"residential dwelling" means a building, occupied or capable of being
occupied as a home, residence or sleeping place by one or more persons,
containing one or more dwelling units but not including motels, hotels,
tents, truck campers, tourist trailers, mobile camper trailers or boarding,
lodging or rooming houses;
"residential use" means lands, buildings or structures or portions thereof
used, or designed or intended for use as a home or residence of one or
more individuals, and shall include a single detached dwelling, a semi-
detached dwelling, a multiple dwelling, an apartment dwelling, and the
residential portion of a mixed-use building or structure. This also includes
a dwelling unit on land that is used for a farm use;
"row dwelling" means a building containing three or more attached
dwelling units in a single row, each of which dwelling units has an
independent entrance from the outside and is vertically separated from
any abutting dwelling unit;
"semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal
wall, but not other parts, attached or another dwelling unit where the
residential unit are not connected by an interior corridor;
"service" or "services" means a service designed in Schedule "A" to this
By-law, and "services" shall have a corresponding meaning;
"servicing agreement" means an agreement between a landowner and
the municipality relative to the provision of municipal services to specified
land within the municipality;
"single detached dwelling unit" means a residential building consisting
of one dwelling unit and not attached to another structure;
"stacked townhouse" means row dwellings, one on top of each other
"Township" means the area within the geographic limits of the Township
of Adjala-Tosorontio; and
"Zoning By-Law" means the Zoning By-Law of the Township of Adjala-
Tosorontio, including the former Township of Adjala or any successor
thereof passed pursuant to Section 34 of the Planning Act, R.S.O. 1990.
2. INTERPRETATION
2.1 The categories of services and classes of service for which development
charges are imposed under this By-law are as follows:
Municipal-Wide
(a) Fire Protection Services;
(b) Parks and Recreation;
(c) Police Services;
(d) Services Related to a Highway;
(e) Land Acquisition; and
(f) Development-Related Studies
2.2 The components of the services and classes of service designated in
Section 2.1 are described below in "Schedule A'.
3. APPLICATION OF BY-LAW RULES
Development Charges Payable
3.1. Development charges shall be payable in the amounts set out in Schedule
"B" to this By-law where:
(a) the lands are located in the area described in Section 3.2; and
(b) the development of the lands requires any of the approvals set out
in subsection 3.4(a).
Area to Which By-Law Applies
3.2 Subject to Section 3.3, this By-law applies to all lands in the Township of
Adjala- Tosorontio whether or not the land or use thereof is exempt from
taxation under s. 13 or the Assessment Act, R.S.O. 1990, ¢.A.31.
3.3. Notwithstanding clause 3.2 above, this by-law shall not apply to lands that
are owned by and used for the purposes of:
(a) the municipality or a local board thereof;
(b) a board of education;
(c) the Corporation of the County of Simcoe or a local board thereof: or
(d) Land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of
post-secondary education if the development is intended to be
occupied and used by the university.
Approvals for Development
3.4. (a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if the
development requires:
(i) the passing of a zoning by-law or of an amendment to a
zoning by- law under section 34 of the Planning Act;
(ii) the approval of a minor variance under section 45 of the
Planning Act;
(iii) | aconveyance of land to which a by-law passed under
subsection50(7) of the Planning Act applies;
(iv) the approval of a plan of subdivision under section 51 of the
Planning Act:
(v) a consent under section 53 of the Planning Act;
(vi) the approval of a description under section 50 of the
Condominium Act, R.S.O. 1990, Chap. C.26, as amended,
or any successor thereof; or
(vii) the issuing of a permit under the Building Code Act in
relation to a building or structure.
(b) No more than one development charge for each service designated
in Section 2.1 shall be imposed upon any lands, buildings or
structures to which this By-law applies even though two or more of
the actions described in Subsection 3.4(a) are required before the
lands, buildings or structures can be developed.
(c) Despite Subsection 3.4(b), if two or more of the actions described in
Subsection 3.4(a) occur at different times, additional development
charges shail be imposed if the subsequent action has the effect or
increasing the need for services.
Exemptions
3.5 Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to approvals related to the residential
development of land, buildings or structures that would have the effect
only:
(a) of permitting the enlargement of an existing dwelling unit; or
(b) of creating additional dwelling units in existing rental residential
buildings, existing houses, or new residential buildings pursuant to
subsections 2 (3.1), 2 (3.2) and 2 (3.3) of the Act.
3.6 In addition to the restrictions outlined in Subsection 3.5, for the purposes
of the exemption for an additional residential unit in a building ancillary to
a proposed new Single Detached, Semi-Detached or Row Townhouse
Dwelling, the proposed new Single Detached, Semi-Detached or Row
Townhouse Dwelling must be located on a parcel of land on which no
other Single Detached, Semi- Detached or Row Townhouse dwelling is or
would be located.
3.7 For the purposes of Subsection 3.5, "parcel of land" means a lot or block
within a registered plan of subdivision or draft plan of subdivision or any
land that may be legally conveyed under the exemption provided in clause
50 (3) (b) or clause 50 (5) (a) of the Planning Act.
3.8 Exemption for Industrial Development
3.8.1 Notwithstanding any other provision of this by-law, no development charge
is payable with respect to an enlargement of the gross floor area of an
existing industrial building where the gross floor area is enlarged by 50
percent or less.
3.8.2 If the gross floor area of an existing industrial building is enlarged by
greater than 50 percent, the amount of the development charge payable in
respect of the enlargement is the amount of the development charge that
would otherwise be payable multiplied by the fraction determined as
follows:
(a) | determine the amount by which the enlargement exceeds 50
percent of the gross floor area before the enlargement;
(b) divide the amount determined under subsection 1) by the amount of
the enlargement
3.8.3 For the purpose of Section 3.8 herein, "existing industrial building" is used
as defined in the Regulation made pursuant to the Act.
3.8.4 The exemption for an existing industrial building provided by this section
shall be applied to a maximum of fifty percent (50%) of the gross floor area
before the first enlargement for which an exemption from the payment of
development charges was granted pursuant to this By-law
3.9 Other Exemptions
Notwithstanding the provision of this by-law, development charges shall
not be imposed with respect to:
(a) Lands, buildings or structures used or to be used for a place of
worship or for the purposes of a churchyard or cemetery exempt
from taxation under the Assessment Act.
(b) The development of non-residential farm buildings constructed for
bona- fide farm uses except for any building constructed to
accommodate an On-Farm Business which shall be considered to
be an industrial building.
(c) Any vacant lot established prior to the effective date of the
respective By- laws for the former Townships of Adjala and
Tosorontio, i.e. Adjala By-law 91-43 on November 22nd 1991 and
Tosorontio By-law 93-37 on September 7th, 1993, shall receive a
credit equal to the levy paid under By-law 91-43 or By-law 93-97,
indexed to current values in accordance with prescribed index
under the Act. In no case shall the amount of the credit exceed the
charge for a single detached dwelling unit at the time of building
permit issuance.
(d) Long-term care home development as defined in subsection 2 (1) of
the Fixing Long-Term Care Home Act, 2021;
(e) Affordable housing as defined by subsection 4.1 (1) of the Act;
(f) Non-profit housing as defined by subsection 4.2 (1) of the Act.
3.10 Rental Housing Development
Development charges payable for Rental Housing Developments, where
all of the Dwelling Units are intended to be used as rented residential
premises, shall be reduced based on the number of bedrooms in each
Dwelling Unit as follows:
(a) 3 or more bedrooms -- 25% reduction.
(b) 2 bedrooms -- 20% reduction; and
(c) all other quantities of bedrooms -- 15% reduction.
Amount of Charges
Residential
3.11. The development charges set out in Schedule "B" shall be imposed on
residential uses of Jands, buildings or structures, including a dwelling unit
accessory to a non-residential use and, in the case of a mixed-use
building or structure, on the residential uses in the mixed use building or
structure, according to the type of residential unit, and calculated with
respect to each of the services according to the type of residential use.
Non-Residential
3.12 The development charges described in Schedule "B" to this by-law shall
be imposed on non-residential uses of lands, buildings or structures, and,
in the case of a mixed use building or structure, on the non-residential
uses in the mixed use building or structure, and calculated with respect to
each of the services according to the total floor area of the non-residential
use.
Reduction of Development Charges for Redevelopment
3.13 Despite any other provisions of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land
within 60 months prior to the date of payment of development charges in
regard to such redevelopment was, or is to be demolished, in whole or in
part, or converted from one principal use to another principal use on the
same land, in order to facilitate the redevelopment, the development
charges otherwise payable with respect to such redevelopment shall be
reduced by the following amounts:
(a) in the case of a residential building or structure, or in the case ofa
mixed-use building or structure, the residential uses in the mixed-
use building or structure, an amount calculated by multiplying the
applicable development charge under subsection 3.11 by the
number, according to type, of dwelling units that have been or will
be demolished or converted to another principal use; and
(b) in the case of a non-residential building or structure or, in the case
of mixed-use building or structure, the non-residential uses in the
mixed-use building or structure, an amount calculated by
multiplying the applicable development charges under subsection
3.12, by the gross floor area that has been or will be demolished or
converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the
redevelopment.
Time of Payment of Development Charges
3.14 The total amount of development charges shall be calculated and be
payable pursuant to this Bylaw, in accordance with Section 26, Section
26.1, and Section 26.2 of the Act.
3.15 Where Section 26.1 and Section 26.2 of the Act do not apply, the total
amount of development charges shall be calculated and be payable
pursuant to this Bylaw as of the date the first building permit is issued.
3.16 Notwithstanding Sections 3.14 and 3.15 above, Council from time to time,
and at any time, may enter into agreements providing for all or any part of
a development charge to be paid before or after it would otherwise be
payable, in accordance with section 27 of the Act.
Interest Payments
3.17 Where subsections 26.2(1) (a) or (b) of the Act applies, the Township may
charge interest on the development charge from the date of the application
referred to in the applicable clause to the date the development charge is
payable under subsection 26.2(3) of the Act.
3.18 The Township may determine, by Council resolution or policy external to
this Bylaw, interest rates in relation to subsection 3.17 of this Bylaw but
will not exceed the maximum permissible rate outlined in the DCA.
4. PAYMENT BY SERVICES
4.1 Despite the payment required under subsections 3.11 and 3.12 above,
Council may, by agreement, give a credit towards a development charge
in exchange for work that relates to a service to which a development
charge relates under this By-law.
5. INDEXING
5.1 Development charges imposed pursuant to this By-law shall be adjusted
annually, without amendment to this By-law, on January 1st, in
accordance with the prescribed index in the Act.
6. SCHEDULES
6.1. The following schedules shall form part of this By-law:
Schedule "A" - Components of Services Designated in Section 2.1
Schedule "B" - Residential and Non-Residential Development Charges
7. CONELICTS
7.1. Where the Township and an owner or former owner have entered into an
agreement with respect to land within the area to which this By-law
applies, and a conflict exists between the provisions of this By-law and
such agreement, the provisions of the agreement shall prevail to the
extent that there is a conflict.
7.2 Notwithstanding section 7.1, where a development which is the subject of
an agreement to which section 7.1 applies, is subsequently the subject of
one or more of the actions described in subsection 3.4(a), an additional
development charge in respect of the development permitted by the action
shall be calculated, payable and collected in accordance with the
provisions of this By-law if the development has the effect of increasing
the need for services, unless such agreement provides otherwise.
8. SEVERABILITY
8.1 If, for any reason, any provision of this By-law is held to be invalid, it is
hereby declared to be the intention of Council that all the remainder of this
By-law shall continue in full force and effect until repealed, re-enacted,
amended or modified.
9. DATE BY-LAW IN FORCE
9.1. This By-law shall come into force and effect on June 10, 2026.
9.2 Nothing herein shall restrict the ability of Council to amend this By-law as it
deems appropriate from time to time.
10. EXISTING BY-LAW REPEALED
10.1 That By-law 21-84 is hereby repealed as of the date and time of this By-
law coming into effect.
11. REFERENCE
11.1. The headings inserted in this By-law are for convenience of reference only
and shall not affect the construction or interpretation of this By-law.
ENACTMENT
THAT the provisions of this By-law shall take full force and effect with the passing
hereof.
THAT notwithstanding anything contrary to the rules of procedure, this By-law be
introduced and read a first and second time and be considered read a third time
and finally passed this 10th day of June, 2026.
y/,
¢ ae,
BS 7 (Ve
Scott W. Anderson, Mayor
Robin Reid, Clerk
SCHEDULE "A" TO BY-LAW 2026-027
COMPONENTS OF SERVICES DESIGNATED IN SUBSECTION 2.1
Township-wide Services
e Fire Protection Services
e Parks and Recreation
e Police Services
e Services Related to a Highway:
o Public Works (Road Operations)
o Roads and Related
e Land Acquisition
e Development Related Studies
SCHEDULE "B" TO BY-LAW 2026-027
SCHEDULE OF DEVELOPMENT CHARGES
Service Non-Residential
Single and Semi- Other Apartment -- Apartment --- (per Sq. M of
Detached Multiples 2 Bedrooms Bachelor and 1 Gross Floor
Dwelling + Bedroom Area
$0.00
Police Services
$229
$2,508