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Amended by By-law 63-2025
THE CORPORATION OF THE TOWN OF AJAX
BY-LAW NUMBER 13
2025
Being a By-law of the Town of Ajax with respect to Development Charges
WHEREAS the Town of Ajax will experience growth through development and re
development;
AND WHEREAS development and re-development requires the provision of physical and social
services by the Town of Ajax;
AND WHEREAS Council desires to ensure that the capital cost of meeting growth- related
demands for, or burden upon, municipal services does not place an excessive financial
burden on the Town of Ajax 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 Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27
(hereinafter called the Act) enables the Council of a municipality to pass by-laws for the
imposition of development charges against land located in the municipality where the
development of the land would increase the need for municipal services as designated in the
by-law and the development requires one or more of the actions set out in Subsection 2(2) of
the Act;
AND WHEREAS a Development Charges Background Study for the Corporation of the Town
of Ajax, dated December 17, 2024 (the "Study") as required by the Act was presented to
Council and the Public along with a draft of this By-law as then proposed on February 18,
2025;
AND WHEREAS notice of a public meeting was given pursuant to subsection 12(1) of the
Act, and in accordance with the regulations under the Act, on or before January 12, 2025, and
copies of the Study and this proposed development charge by-law were made available to
the public not later than December 17, 2024, in accordance with subsection 12(1) of the Act;
AND WHEREAS a public meeting was held on February 3, 2025, in accordance with the Act
to hear comments and representations from all persons who applied to be heard (the "Public
Meeting");
AND WHEREAS any person who attended the public meeting was afforded an opportunity to
make representations and the public generally were afforded an opportunity to make written
submissions relating to this proposed By-law;
AND WHEREAS the Council, in adopting the Town of Ajax Development Charges
Background Study on February 18, 2025, directed that development charges be imposed on
land under development or redevelopment within the geographical limits of the municipality as
hereinafter provided.
NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows:
1. DEFINITIONS
(a)
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended;
(b)
normally incidental, subordinate in floor area, and exclusively devoted to a
principal use, building or structure;
(c)
residential
means a Residential Unit that meets the criteria set
out in subsection 4.1 of the Act;
(d)
residential
means a Residential Dwelling that would be
ancillary to a Single Detached Dwelling, Semi-Detached Dwelling, or
Rowhouse, and may include a garden suite or laneway suite;
(e)
residential
has the same meaning as ancillary residential use;
(f)
"agricultural operations" means general farming and shall include such uses as
breeding and rearing of livestock, including poultry, fowl and fur-bearing animals,
the general cultivation of land and associated production, conditioning, processing
and storing of field crops, fruits, vegetables and horticultural crops and the selling
of such produce on the premises. For the purposes of this by-law, "agricultural
operations shall exclude retail sales and commercial 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 cannabis and alcohol processing or production facilities;
(g)
"apartment dwelling" means:
i.
a dwelling unit in a residential building consisting of four or more dwelling
units, which units have a common entrance from street level and common
halls and /or stairs, elevators and yards, or;
ii.
a dwelling unit in a stacked townhouse, or;
iii. a dwelling unit in a stacked back-to-back townhouse, or;
iv. a dwelling unit in a quadruplex where all four dwelling units are intended for
use as rented residential premises, or;
v. ancillary residential dwellings;
(h)
"area of worship" means that part of a building or structure used for worship and
that is exempt from taxation as a place of worship under the Assessment Act,
R.S.O. 1990, c. A.31, as amended;
(i)
means the Assessment Act, R.S.O. 1990, c. A.31, as
amended or any successor thereto;
(j)
residential
means a residential unit that meets the criteria set out
in subsection 4.1 of the Act;
(k)
-to
as six (6) or more horizontally-aligned dwelling units divided by a series of shared
side and rear walls. Each dwelling unit in a back-to-back townhouse has an
independent exterior entrance and shares its rear wall and at least one side wall
with adjacent dwellings and can be legally conveyed separately.
(l)
"bedroom" means A habitable room having gross floor area of at least seven
square meters (7 m2) where a built-in closet is not provided, or at least six square
meters (6 m2) where a built-in closet is provided, and where more than 75% of
the perimeter of the room is enclosed by fixed walls or partitions, including, but not
limited to, a den, study, loft, or other similar area, but does not include a bathroom
or a kitchen;
(m)
qualify as a farm business operating with a valid Farm Business Registration
Number issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and
be assess in the Farmland Realty Tax Class by the Ontario Property Assessment
include Cannabis Production Facilities or On-Farm Diversified Uses;
(n)
Code
means the Building Code Act, S.O. 1992, as amended, or any
successor thereof;
(o)
"cannabis" means:
i.
A cannabis plant;
ii.
Any part of a cannabis plant, including the phytocannabinoids produced by,
or found in, such a plant, regardless of whether that part has been
processed or not;
iii. any substance or mixture of substances that contains or has on it any part of
such a plant; and
iv. any substance that is identical to any phytocannabinoid produced by, or
found in, such a plant, regardless of how the substance was obtained
(p)
means a plant that belongs to the genus cannabis.
(q)
production
means a Building, or part thereof, designed, used,
or intended to be used for one or more of the following: cultivation, propagation,
production, processing, harvesting, testing, alteration, destruction, storage,
packaging, shipment or distribution of cannabis where a license, permit or
authorization has been issued under applicable federal law but does not include
a Building or part thereof solely designed, used, or intended to be used for retail
sales of cannabis.
(r)
"commercial" means any non-residential use not defined as "industrial" or
(s)
the Condominium Act, 1998, S.O. 1998, c.19, as amended
(t)
"Council" means the council of the Town;
(u)
"detached dwelling" means a residential building on one parcel of land
comprising at least 1 principal dwelling unit and not more than 3 additional
dwelling units on that parcel of land, where no portion of the building is
attached to any building on another parcel of land;
(v)
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of increasing the size of usability thereof,
and includes redevelopment and changes of use;
(w)
"development charge" means a charge imposed pursuant to this by-law
adjusted in accordance with Section 13;
(x)
to be used as a single, independent and separate housekeeping unit in which a
kitchen and sanitary facilities are provided. Notwithstanding the foregoing, a suite
with a bedroom and bathroom but not a kitchen within a Special care/special need
dwelling shall be considered a dwelling unit for purposes of applying the
(y)
means the quantity, use and size that existed as of the date this by- law
was passed;
(z)
"farm building" means a building or structure used, or designed or intended for use
in connection with a bona fide agricultural operation and includes barns, silos and
similar structures but excludes a building or structure used or designed or intended
for use for residential, institutional or commercial uses;
(aa)
"garden suite dwelling" means a detached residential structure, which may
include more than one unit, each containing bathroom and kitchen facilities that
is ancillary to an existing residential structure;
(bb)
"grade" means the average level of finished ground adjoining a building at all
exterior walls;
(cc)
-
use building containing a single housekeeping unit which may or may not be
supervised on a 24-hour basis on site by staff on a shift rotation basis, and
funded wholly or in part by any government or its agency, or by public
subscription or donation, or by any combination thereof and licensed, approved
or supervised by the Province of Ontario for the accommodation of persons
under any general or special act and amendments or replacements thereto. A
group home may contain an office provided that the office is used only for the
operation of the group home in which it is located;
(dd)
"gross floor area" means, in the case of a non-residential development, or the non
residential portion of a mixed-use development, or the non-residential portion of a
live-work unit, the aggregate of the areas of each floor of a building or structure,
whether above or below-grade, measured between the outside surfaces of
exterior walls of the building or structure or pliable membrane in the case of an
air-supported structure, or between the outside surfaces of exterior walls and the
centre line of common walls or from the centre line of a common wall separating a
non-residential and a residential use, and, for the purposes of this definition, the
non-residential portion of a mixed-use building or structure or live-work unit, is
deemed to include a proportionate share of any area common to the residential
and non-residential portions of such a mixed-use structure or live-work unit. Non
residential gross floor area also includes, but is not limited to, any outdoor area
where the primary use of the building can occur, such as outdoor patios, outdoor-
supplies and sales spaces, and the outdoor area beneath a canopy where
vehicles undergo fueling or charging. This excludes those areas used exclusively
for residential parking structures;
(ee)
"hospice" means a non-residential building or the non-residential space in a
mixed- use building providing not for profit palliative care to the terminally ill;
(ff)
"hospital" means land, buildings or structures designed or intended for use as
defined in the Public Hospitals Act, R.S.O. 1990, c. P.40, as amended;
(gg)
"housing services use" I "housing services" means social housing which is
rental housing provided by Durham Region Local Housing Corporation
(DRLHC) or by a non-profit housing provider that receives ongoing subsidy
from the Region of Durham
(hh)
"industrial" means any building used for or in connection with,
i.
manufacturing, producing, processing, storing or distributing of goods and
includes a greenhouse;
ii.
research or development in connection with manufacturing, producing or
processing goods;
iii. retail sales by a manufacturer, producer or processor of goods
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place; and,
iv. office for administrative purposes, if carried out with respect to
manufacturing, processing, producing, storage or distribution and in or
attached to the building or structure used for that manufacturing,
producing, processing, storage or distribution;
(ii)
for the purposes of Section 9(6) means
development of a building or structure intended for use:
i.
as a long-term care home within the meaning of subsection 2 (1) of the
Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched.1;
ii.
as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
iii. 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 (i); or
iii.
an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institute Act, 2017;
iv. as a memorial home, clubhouse or athletic grounds by an Ontario branch of
the Royal Canadian Legion; or
v. as a hospice to provide end of life care;
(jj)
means a detached residential structure, which may include
more than one unit, each containing bathroom and kitchen facilities, that is
ancillary to an existing residential structure with direct access to a public
laneway.
(kk)
-
to contain, both a dwelling unit and non-residential unit and which is intended for
both residential use and non-residential use concurrently, and which shares a
common wall or floor with or without direct access between the residential and
non-residential uses;
(ll)
"local board" means a local board as defined in the Municipal Affairs Act,
other than a board defined in subsection 1(1) of the Education Act;
(mm)
-term care
means a residential building or the residential portion of a
mixed-use building within the meaning of subsection 2 (1) of the Fixing Long-
Term Care Homes Act, 2021;
(nn)
interest
means on a particular date, the mean, rounded to the
nearest hundredth of a percentage point, of the annual rates of interest
announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the
Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-
Dominion Bank to be its prime or reference rate of interest in effect on that date
for determining interest rates on Canadian dollar commercial loans by that bank
in Canada, adjusted on the first business day of every January, April, July, and
October, plus one percentage point.
(oo) "minimum interest rate"
means the interest rate of the Bank of Canada on the day
the by-law comes into force, updated on the first business day of every January,
April, July, and October.
(pp)
"mixed-use development" means a building that is used, designed, and/or
designated to be used for both residential and non-residential purposes,
including, but not limited to a live-work unit;
(qq)
three (triplex), or four (quadruplex) units, that is not a condominium. To be
considered a multiplex, all dwelling units shall be independent and not
subordinate to any of the other units in the building, the dwelling units can be:
i.
Separated vertically only, in which case the units will be treated the same as
units in a row house dwelling, or;
ii.
Separated horizontally only, in which case the building will be treated as a
detached house, and the additional units will be treated as ancillary
dwellings
iii. Separated both horizontally and vertically, in which case the building will be
treated as a detached house, and the additional units will be treated as
ancillary dwellings
iv. Notwithstanding i-iii, where a quadruplex is also a rental housing
development under the Act, all of the dwelling units therein will be treated as
apartment dwellings
(rr)
-profit housing
for the purposes of Section 9(7) means
development of a building or structure intended for use as residential
premises by:
i.
a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that
is in good standing under that Act and whose primary object is to provide
housing;
ii.
a corporation without share capital to which the Canada Not-for-profit
Corporation Act, 2010 applies, that is in good standing under that Act and
whose primary objective is to provide housing; or
iii. a non-profit housing co-operative that is in good standing under the Co
operative Corporations Act, 2022;
(ss)
"non-residential parking structure" means any part of a building or structure used
exclusively for purposes of parking motor vehicles to users of non- residential
buildings (including commercial, institutional and industrial), and for the non
-
residential portion of parking structures ancillary to a mixed-use building. The use
of such structure to store inventories shall be deemed to be commercial use and
not included as part of this definition.
(tt)
designed, or intended to be used for a use other than a residential use and
includes all commercial, industrial, and institutional uses and the non- residential
portion of a mixed use development or live-work unit;
(uu)
"office" means a building or part thereof, intended or used for the practice of a
-for
public administration;
(vv)
a
detached building that is secondary and subordinate to the active and principle
agricultural use occurring on a property. Such uses shall be integrated within a
farm cluster of buildings which must include a dwelling, and my include, but are
not limited to, uses that produce value added agricultural products or provide a
service that is supportive of regional agri- business;
(ww)
"other multiple" means any residential dwelling which is not a detached
dwelling, a semi-detached dwelling, an apartment dwelling, a multiplex or a
special care/special need dwelling and includes, but is not limited to, back-to
back townhouse dwellings, rowhouse dwellings, and the residential component
of mixed-use development or live-work units;
(xx)
approval for the development of land upon which a development charge is
imposed;
(yy)
building or structure with four or more dwelling units all of which are intended for
use as rented residential premises;
(zz)
"residential care facility" means a publicly or privately funded residential facility
having four (4) or more beds, in which unrelated persons with physical disabilities,
unrelated persons who are developmentally delayed, unrelated persons with
psychiatric disabilities, and/or pensioners are provided care and lodging;
(aaa) "residential parking structure" means any part of a building or structure used
exclusively for purposes of parking motor vehicles by residents of residential
buildings and the residential portion of parking structures ancillary to a mixed- use
building;
(bbb) "residential use" means land or buildings or structures or part thereof of any kind
whatsoever used, designed or intended to be used as a residence for one or
more individuals and shall include any building or structure containing dwelling
units, including but not limited to, a detached dwelling, a semi- detached
dwelling, an other multiple, an apartment dwelling, , a residential mixed-use
dwelling accessory to a non-residential use, and units in a special care/special
need dwelling, but does not include a hotel or motel;
(ccc) "retail" means a building or part thereof, not otherwise defined in this by-law, in
which goods, wares, merchandise, substances, articles or things are offered or
kept for sale at retail directly to the public;
(ddd) "retirement residence" means a residential building or the residential portion of a
mixed-use building which provides accommodation for persons of retirement age,
where common facilities for the preparation and consumption of food are provided
for the residents of the building, and where each unit or living accommodation
has separate sanitary facilities, less than full culinary facilities and a separate
entrance from a common hall;
(eee) "retirement residence dwelling unit" or "retirement residence unit" means a unit
within a retirement residence;
(fff)
"row dwelling" means a building containing three or more attached dwelling units
in a single row or back-to-back, each dwelling unit has an independent entrance
from the outside and is vertically separated from any abutting dwelling unit;
(ggg) "rowhouse" has the same meaning as a Row Dwelling;
(hhh) "semi-detached dwelling" means the whole of a dwelling divided vertically
both above grade and below grade into two separate dwelling units;
(iii)
care/special need
means a building containing two or more
dwelling units, which units have a common entrance from street level:
i.
Where the occupants have the right to use in common, halls, stairs, yards,
common rooms and accessory buildings;
ii. Which may or may not have exclusive sanitary and/or culinary facilities;
iii. That is designed to accommodate persons with specific needs, including, but
not limited to, independent permanent living arrangements; and
iv. Where support services such as meal preparation, grocery shopping, laundry,
housekeeping, nursing, respite care and/or attendant services are provided at
various levels,
v. and includes, but is not limited to, a long-term care home, residential care
facility, retirement residence, charitable dwellings, and group homes
(including correctional group homes).
(jjj)
(6) or more horizontally aligned and vertically-layered dwelling units divided by a
series of shared side walls and ceiling/floor partitions. Each dwelling unit in a
stacked townhouse has an independent exterior entrance and shares at least one
side wall and one ceiling/floor partition with adjacent dwelling units
(kkk)
stacked back-to-
configured as eight (8) or more horizontally aligned and vertically-layered dwelling
units divided by a series of shared side walls and ceiling/floor partitions. Each
dwelling unit in a stacked back-to-back townhouse has an independent exterior
entrance and shares at least one side wall and one ceiling/floor partition with
adjacent dwelling units
(lll)
"Town" means The Corporation of the Town of Ajax
2. SCHEDULE OF DEVELOPMENT CHARGES
(1) Subject to the provisions of this by-law, development charges against land shall be
calculated and collected in accordance with the base rates set out in Schedule B,
which relate to the services set out in Schedule A.
(2) The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
a. in the case of residential development, or the residential portion of a mixed-use
development, 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, or the residential
portion of a mixed use development or live-work unit, according to the type of
residential unit, and calculated with respect to each of the services and class of
services according to the type of residential use, based upon the number and
type of dwelling units, in accordance with Schedule B;
b. in the case of non-residential development, or the non-residential portion and
proportional share of common areas of a mixed-use development, or the non-
residential portion of a mixed use development or live-work unit, and
calculated with respect to each of the services and class of services, based
upon the gross floor area of such development, in accordance with Schedule
B; and
c. in the case of the development of residential garden suite dwellings or a
laneway suite, the development charge shall be based on the residential
apartment charge, based on the number of bedrooms in the dwelling, in
accordance with Schedule B.
(3) Council hereby determines that the development of land, buildings or structures for
residential and non-residential uses have required or will require the provision,
enlargement, expansion, or improvement of the services referenced in Schedule A.
(4) A complete building permit application means that the submission meets the
requirements as set out in Division C, Sentence 1.3.1.3.(5) of the Ontario Building
Code, and notwithstanding subsection 9.(1), includes the payment of the applicable
Town of Ajax development charge
3. APPLICABLE LANDS
(1) Subject to subsections (2), (3), (4), (5), (6)and (7), this by-law applies to all lands in
the Town, whether or not the land or use is exempt from taxation under Section 3 of
the Assessment Act, 1990, c.A..31.
(2) This by-law shall not apply to land, or any part thereof, that is:
a. owned by and used for purposes of:
i. a board as defined in subsection 1(1) of the Education Act,
ii. the Town, or any local board thereof; or
iii. The Regional Municipality of Durham, or any local board thereof.
b. used for the purposes of the development of a farm building used for bona fide
agricultural operations.
(3) Development charges shall not be imposed in respect to:
a. temporary erection of a building without foundation as defined in the Building
Code Act for a period not exceeding eight (8) consecutive months and not
more than eight (8) months in any one calendar year on a site;
b. development where, by comparison with the land at any time within five years
previous to the imposition of the charge no additional non-residential gross
floor area is being added;
c. Land vested in or leased to a publicly assisted university where it is intended
to be occupied and used by the university that receives direct, regular, and
ongoing operating funds from the Government of Ontario for the purposes of
post-secondary education if the development is intended to be occupied and
used by the university;
d. Non-profit housing development;
e. Affordable inclusionary residential units;
f. Affordable residential units;
g. Attainable residential units;
h. Properties with Development Charge credit agreements entered into before
March 1, 2025, within the Downtown Community Improvement Plan (CIP) &
Pickering Village CIP.
(4) Notwithstanding any other provision of this By-law, any portion of a non-residential
parking structure which does not contain an office or kiosk, or hold inventory for a non
residential use, shall only be charged the Development Charges relating to Fire
Protection Services and Services Related to a Highway
(5) Section 2 of this by-law shall not apply to that category of exempt development
described in s.s.2(3) 2(3.1), and 2(3.3) of the Act, namely:
a. an enlargement to an existing dwelling unit;
b. A second residential unit in an existing detached house, semi-detached
house, or rowhouse on a parcel of land on which residential use, other than
ancillary residential use, is permitted, if all buildings and structures ancillary
to the existing detached house, semi-detached house or rowhouse
cumulatively contain no more than one residential unit;
c. A third residential unit in an existing detached house, semi-detached
house, or rowhouse on a parcel of land on which residential use, other
than ancillary residential use, is permitted, if no building or structure
ancillary to the existing detached house, semi-detached house or
rowhouse contains any residential units;
d. One residential unit in a building or structure ancillary to an existing detached
house, semi-detached house or rowhouse on a parcel of land, if the existing
detached house, semi-detached house or rowhouse contains no more than
two residential units and no other building or structure ancillary to the existing
detached house, semi-detached house or rowhouse contains any residential
units;
e. A second residential unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if all buildings and structures
f. ancillary to the new detached house, semi-detached house or rowhouse
cumulatively will contain no more than one residential unit;
g. A third residential unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any residential
units;
h. One residential unit in a building or structure ancillary to a new detached
house, semi-detached house or rowhouse on a parcel of land, if the new
detached house, semi-detached house or rowhouse contains no more than
two residential units and no other building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any residential
units; or
i.
In an existing rental residential Building, which contains four or more
residential Dwelling Units, the creation of the greater of one residential
Dwelling Unit or one percent of the existing residential Dwelling Units.
(6) Section 2 of this by-law shall not apply to that category of exempt development
described in s.4 of the Act, and s.1 of O.Reg. 82/98, namely:
a. the enlargement of the gross floor area of an existing industrial building, if the
gross floor area is enlarged by 50 percent (50%) or less;
b. for the purpose of (a), the term "gross floor area" shall have the same
meaning as those terms have in O.Reg. 82/98 under the Act;
c. notwithstanding subsection (a), if the gross floor area is enlarged by more
than 50 percent (50%), development charges shall be payable and collected
and the amount payable shall be calculated in accordance with s.4(3) of the
Act.
d. that for greater certainty in applying the exemption in this section, the gross
floor area of an existing industrial building is enlarged where there is an
increase in the size of the existing industrial building, the enlarged area is
attached to the existing industrial building, there is a direct means of ingress
and egress from the existing industrial building to and from the enlarged
areas for persons, goods, and equipment, and the existing industrial building
and the enlarged area are used for or in connection with an industrial
purpose as set out in subsection 1(s) of this by-law. Without limiting the
generality of the foregoing, the exemption in this section shall not apply
where the enlarged area is attached to the existing industrial building by
means only of a tunnel, bridge, canopy, corridor, or other passage-way, or
through a shared below-grade connection such as a service tunnel,
foundation, footing, or a parking facility;
e. notwithstanding subsection (d), where, at the sole discretion of the Town,
there is a physical or planning constraint preventing an enlargement of an
existing industrial building from meeting the requirements described in
subsection (d), the Town may provide for an exemption to be granted
pursuant to this section of the By-law.
f. in particular, for the purposes of applying this exemption, the industrial building
is considered existing if is built, occupied, and assessed for property taxation
at the time of the application respecting the enlargement;
g. the exemption of an existing industrial building provided by this section
shall be applied to a maximum of fifty percent (50%) of the gross floor
area that existing on the date of passage of this By-law.
(7) That where a conflict exists between the provisions of this by-law and any other
agreement between the Town and the Owner, with respect to land to be charged
under this by-law, the provisions of such agreement prevail to the extent of the
conflict.
4. APPLICATION OF CHARGES
(1) Subject to subsection (2), development charges shall apply to, and shall be calculated,
paid and collected in accordance with the provisions of this by-law in respect of land to
be developed for residential and non-residential uses within the geographical limits of
the Town,
a. where the development requires,
i. the passing of a zoning by-law or an amendment thereto under
Section 34 of the Planning Act, R.S.O. 1990, cP.13, as amended
ii. the approval of a minor variance under Section 45 of the Planning
Act,
iii. a conveyance of land to which a by-law passed under subsection
50(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 9 of the Condominium
Act, 1998 S.O. c. 19, as amended; or
vii. the issuing of a permit under the Building Code Act, 1992 S.O. c. 23,
as amended, in relation to a building or structure.
(2) Subsection (1) shall not apply in respect of local services as described in
s.s.59(2) (a) and (b) of the Act;
5. LOCAL SERVICE INSTALLATION
Nothing in this by-law prevents Council from requiring, as a condition of any approval under
s. 41, 51 or 53 of the Planning Act., that the Owner, at his or her own expense, shall install
or pay for such local services, as Council may require, or that the Owner pay for the local
connection to a water, sanitary sewer or storm drainage facility related to the approval or
within the area to which the approval relates.
6. MULTIPLE CHARGES
(1) Where two or more of the actions described in Section 4(1) of this by-law are required
before land to which a development charge applies can be developed, only one
development charge shall be calculated, paid and collected in accordance with the
provisions of this by-law.
(2) Notwithstanding subsection (1), if two or more of the actions described in Section 4(1)
of this by-law occur at different times, and if the subsequent action has the effect of
increasing the need for municipal services as set out in Schedule A, an additional
development charge shall be calculated and collected in accordance with the
provisions of this by-law.
(3) If a development does not require a building permit but does require one or more of
the actions described in Subsection 4(1) of this by-law, then the development charge
shall nonetheless be payable in respect of any increased or additional development
permitted by such action.
7. SERVICES IN LIEU AND DEVELOPMENT CHARGE CREDITS
(1) Council may authorize an Owner, through an agreement under s.38 of the Act, to
substitute such part of the development charge applicable to the Owner's
development as may be specified in the agreement, by the provision at the sole
expense of the Owner, of services in lieu. Such agreement shall further specify that
where the Owner provides services in lieu in accordance with the agreement, Council
shall give to the Owner a credit, without interest, against the development charge in
accordance with the agreement provisions and the provisions of s.39 of the Act, equal
to the reasonable cost to the Owner of providing the services in lieu, as determined by
the Town. In no case shall the agreement provide for a credit which exceeds the total
development charge payable by an Owner to the Town in respect of the development
to which the agreement relates.
8. REDEVELOPMENT AND DEVELOPMENT CHARGE CREDITS
(1) Subject to the development not having received any other development charge
exemptions or discounts, an owner who has obtained a demolition permit and
demolished existing dwelling units or a non-residential building or structure in
accordance with the provisions of the Building Code Act shall not be subject to the
development charge with respect to the development being replaced, provided that
the building permit for the replacement residential units or non-residential building or
structure is issued not more than 5 years after the date of issuance of the demolition
permit and provided that any dwelling units or non-residential floor area created in
excess of what was demolished shall be subject to the development charge imposed
under section 2.
(2) Where residential space is being converted to non-residential space or being
demolished and replaced by non-residential space, a credit shall be allowed
equivalent to the number of dwelling units demolished/converted multiplied by the
applicable residential development charge in place at the time the development
charge is payable, less any exemptions that were provided at the time of payment of
the previous development charge, and unless other exemptions and/or discounts
greater than or equal to the development charge value of the redevelopment credit
have already been provided;
(3) Where non-residential space is being converted to residential space or demolished
and replaced by residential space, a credit shall be allowed equivalent to the gross
floor area of the non-residential portion of the building multiplied by the applicable
non-residential development charge in place at the time the development charge is
payable unless other exemptions and/or discounts greater than or equal to the
development charge value of the redevelopment credit have already been
provided;
(4) Notwithstanding subsections (1), (2), and (3) above, no credit shall be allowed if the
development being replaced or converted would be exempt from development
charges pursuant to this by-law.
(5) Notwithstanding subsections (1), (2), and (3) above, no redevelopment credit
shall be made in excess of the development charge payable for a redevelopment;
and
(6) Notwithstanding subsections (1), (2), (3) and (4) above, no redevelopment credit shall
be allowed in addition to other exemptions and discounts if the redevelopment credit
is of lesser value than the amount that is already exempt or discounted from
development charges pursuant to this by-law.
9. TIMING OF CALCULATION AND PAYMENT
(1) Development charges shall be calculated and payable in full in money or by provision
of services as may be agreed upon, or by credit permitted by the Act, on the date that
the first building permit is issued in relation to a building or structure on land to which
a development charge applies.
(2) Where development charges apply to land in relation to which a building permit is
required, the building permit shall not be issued until the development charge has
been paid in full to the Town.
(3) Notwithstanding subsections (1) and (2), an Owner and the Town of Ajax may enter
into an agreement to provide for the payment in full of a development charge before
building permit issuance or later than the issuing of a building permit.
(4) If a development does not require a building permit, the development charge shall
be calculated and paid in full at the rate in effect at the time the approval is granted
as a condition of the earliest of any of the approvals required for the development
and enumerated in Section 4 of this by-law.
(5) Notwithstanding subsection 9(1) to 9(4), development charges for rental housing and
institutional developments are due and payable in 6 installments commencing with the
first installment payable on the date of occupancy, and each subsequent installment,
including interest based on the maximum interest rate, payable on the anniversary
date each year thereafter.
(6) Notwithstanding subsections 9(1) to 9(5), where the development of land results from
the approval of a Site Plan or Zoning By-Law Amendment application received and
approved between January 1, 2020, and June 5, 2024, and the approval of the
application occurred not more than 2 years prior to building permit issuance, the
Development Charges shall be calculated based upon the development charge s that
were in effect on the date of the planning application, including interest based on the
maximum interest rate. Where both planning applications apply, Development
Charges under Subsections 9(1) to 9(5) shall be calculated on the development
charges in effect on the date of the latter planning application, including interest
based on the maximum interest rate.
(7) Notwithstanding subsections 9(1) to 9(5), where the development of land results from
the approval of a Site Plan or Zoning By-Law Amendment application received on or
after January 1, 2020, where the approval of the application occurred on or after June
6, 2024, and the approval of the application occurred not more than 18 months prior
to building permit issuance, the development charge shall be calculated based on the
development charge that were in effect on the date of the planning application,
including interest based on the maximum interest rate. Where both planning
applications apply, development charges under subsections 9(1) to 9(5) shall be
calculated on the development charge in effect on the date of the latter planning
application, including interest based on the maximum interest rate.
(8) Interest for the purposes of subsections 9(5) through 9(7) shall be determined as set
out in the Town of Ajax Policy # COR-148, as amended from time to time.
(9) The development charge payable for Rental Housing developments will be reduced
based on the number of bedrooms in each unit, as per section 26.2 (1.1) of the
Development Charges Act, 1997, as follows:
a. Three or more bedrooms
25% reduction;
b. Two bedrooms
20% reduction; and
c. All other bedroom quantities
15% reduction.
10. BY-LAW REGISTRATION
(1) This By-law or a certified copy of this by-law may be registered against the title to any
land to which this by-law applies.
11. RESERVE FUNDS
(1) Monies received from payment of development charges shall be maintained in a
separate reserve fund for each service designated in Schedule "A," plus interest
earned thereon.
(2) Monies received for the payment of development charges shall be used only in
accordance with the provisions of s.35 of the Act.
(3) Where any development charge, or part thereof, remains unpaid after the due date,
the amount unpaid, including any interest owing, shall be added to the tax roll and
shall be collected as taxes.
(4) Where any unpaid development charges and associated interest are collected as
taxes under subsection (3), the monies so collected shall be credited to the
development charge reserve fund or funds referred to in subsection (1).
(5) The Treasurer of the Town shall, furnish to Council a statement in respect of the
reserve funds established hereunder for the prior year, containing the information set
out in Sections 12 and 13 of O.Reg. 82/98, or any amending regulation.
12. BY-LAW AMENDMENT OR REPEAL
(1) Where this by-law or any development charge prescribed thereunder is amended or
repealed by order of the Ontario Land Tribunal or by resolution of the Council, the
Town Treasurer shall calculate forthwith the amount of any overpayment to be
refunded as a result of said amendment or repeal.
(2) Refunds that are required to be paid under subsection (1) shall be paid to the
registered Owner of the land with interest calculated from the date on which the
overpayment was collected to the day on which the refund is paid based on the
minimum interest rate.
13. DEVELOPMENT CHARGE SCHEDULE INDEXING
(1) The development charges referred to in Schedule "B" shall be adjusted annually,
without amendment to this by-law, commencing on July 1, 2025, and thereafter
annually on April 1 of each year, while this by-law is in force, in accordance with the
most recent change in the Statistics Canada Quarterly, "Non-Residential Building
Construction Price Index".
14. BY-LAW ADMINISTRATION
(1) This by-law shall be administered by the Finance Department and the Planning and
Development Services Department.
15. SCHEDULES TO THE BY-LAW
(1) The following schedules to this by-law form an integral part of this by-
law:
a. Schedule A - Designated Municipal Services Under this By-law
b. Schedule B - Schedule of Development Charges
16. DATE BY-LAW EFFECTIVE
(1) This by-law shall come into force and effect on March 1, 2025
17. EXISTING DEVELOPMENT CHARGE BY-LAW REPEAL
(1) By-law 50-2018 as amended, is repealed, effective the date that this by-law comes into
force and effect.
18. SEVERABILITY
(1) If, for any reason, any provision, section, subsection or paragraph of this by-law is
held to be invalid, it is hereby declared to be the intention of Council that all of the
remainder of this by-law shall continue in full force and effect until repealed, re-
enacted or amended, in whole or in part or dealt with in any other way.
19. SHORT TITLE
(1) This by-law may be cited as the "Ajax Development Charge By-law 13-2025."
20. NON-BINDING NATURE
(1) Nothing in this by-law or Council's approval of a capital forecast shall be construed so
as to commit or require the Town or its Council to authorize or proceed with any
specific capital project at any specific time.
READ a first and second time this
18th day of February, 2025.
READ a third time and passed this
18th day of February, 2025.
______________________________
Mayor and CEO
______________________________
Clerk
SCHEDULE "A"
(To Development Charges By-law 13-2025)
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
(1) Growth Related Studies, including development-related growth studies;
(2) Fire Protection Services, including stations, vehicles, and equipment;
(3) Services Related to a Highway, including roads, structures, sidewalks,
streetlights, traffic signals, multi-use trails, operations facilities, and vehicles and
equipment providing Services Related to a Highway;
(4) Parks and Recreation Services, including parkland, recreational trail
development, recreation facilities, operations facilities, and vehicles and
equipment items related thereto;
(5) Library Services, including furniture, shelving, equipment, and items related
thereto and including materials acquired for circulation, reference or information
purposes by a library board; and
(6) Provincial Offences Act, including By-Law enforcement, including vehicles,
equipment and facility upgrades.
Watson & Associates Economists Ltd.
PAGE G-26
SCHEDULE "B"
SCHEDULE OF DEVELOPMENT CHARGES
(To Development Charges By-law 13-2025)
NON-RESIDENTIAL
Single and
Semi-Detached
Dwelling
Other Multiples Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
(per sq.ft. of Gross
Floor Area)
Municipal Wide Services/Class of Service:
Services Related to a Highway
19,473
15,883
10,594
6,650
5,649
8.71
Fire Protection Services
742
605
404
253
215
0.33
Parks and Recreation Services
20,768
16,940
11,299
7,092
6,024
1.96
Library Services
2,461
2,007
1,339
840
714
0.23
Provincial Offences Act including By-Law Enforcement
13
11
7
4
4
0.01
Growth-Related Studies
240
196
131
82
70
0.11
Total Municipal Wide Services/Class of Services
$43,697
$35,642
$23,774
$14,921
$12,676
$11.35
RESIDENTIAL
Services/Class of Services
Watson & Associates Economists Ltd.
PAGE G-27