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Consolidated
Community Benefits Charges By-Law
No. 040-23, as amended
Revision Date
December 13, 2024
Amending
By-law
Date
Brief Description
Notes
109-24(OLT)
December
13, 2024
Ontario Land Tribunal Decision
and Order issued on December 13, 2024
in File OLT-23-000749
OLT ordered
amendments in
bold.
This Office Consolidation is provided for convenience and ease of reference only. It lists all amendments and modifications
up to the last date noted above. The official version of the By-Law and all amending bylaws thereto are contained in the
Clerk's Department. Any reliance upon the Office Consolidation is done at the sole risk of the user. The Town does not
verify the accuracy or completeness of the Office Consolidation and bears no responsibility or liability to any person or entity
for any deficiencies, inaccuracies, errors or omissions contained in the Office Consolidation. This Office Consolidation only
reflects amendments that have come into force and effect as of the date of this Consolidation.
The Corporation of the Town of Innisfil
By-Law No. 040-23
A By-Law of The Corporation of the Town of Innisfil to Impose
Community Benefits Charges, as amended.
Whereas authority is given to Council under section 37 of the Planning Act, R.S.O. 1990, c.
P.13, as amended, to adopt a community benefits charge by-law; and
Whereas The Corporation of the Town of Innisfil has prepared a community benefits strategy
pursuant to subsection 37(9); and
Whereas The Corporation of the Town of Innisfil has consulted with appropriate persons and
public bodies in the preparation of this by-law.
Now Therefore the Council of the The Corporation of the Town of Innisfil enacts:
Definitions:
As used in this by-law the following terms shall have the meaning indicated:
"Basement" - the portion of a building between the first floor and any floor below the level of
the first floor.
"Building Code Act" - the Building Code Act, 1992, S.O. 1992, c.23, as amended.
"Building Permit" - means a building permit issued by the Chief Building Official under the
authority of the Building Code Act.
"Building Permit Application" - means an application for issuance of a building permit
submitted to and deemed complete by the Chief Building Official, which complies with all
applicable requirements of the Building Code Act and the Ontario Building Code, including
all applicable law as defined therein, and includes payment of all applicable fees;
"Chief Building Official" - means the chief building official for the Town, appointed pursuant
to section 3 of the Building Code Act, or their designate.
"Community Benefit Strategy" - the community benefit strategy prepared pursuant to
subsection 37(9) of the Planning Act.
"Condominium Act" - the Condominium Act, 1998, S.O. 1998, c.19 as amended.
"Development or Redevelopment" means any activity or proposed activity in respect of any
land, Building or structure, whether existing or proposed, that requires:
Consolidated
By-law 040-23, as amended
"Community Benefits Charges"
a. the passing of a zoning by-law or of an amendment to a zoning by-law;
b. the approval of a minor variance;
c. conveyance of land to which a part lot control exemption by-law applies;
d. the approval of a plan of subdivision;
e. a consent to sever;
f. the approval of a description of a plan of condominium pursuant to
the Condominium Act; or
g. the issuing of a permit under the Building Code Act, in relation to a building
or structure;
"Residential Dwelling Unit" - means one or more habitable rooms designed or intended to
be used together as a single and separate house-keeping unit by one person or jointly by
two or more persons, containing its own kitchen and sanitary facilities, with a private
entrance from outside the unit itself.
"First Storey" means the storey that has its floor closest to grade and its ceiling more than
one- point-eight (1.8) metres above the average adjacent grade abutting the front yard, but
shall not include the basement. For purposes of this bylaw, the first storey is deemed to be
at or above ground level;
"Grade" - means the average level of proposed or finished ground adjoining a building or
structure at all exterior walls.
"Gross Floor Area" - the sum of the total area of each floor level of a building, above and
below the ground, measured from the exterior of the main wall of each floor level.
"In-Kind Contribution" - facilities, services or matters identified in a Community Benefits
Strategy and required because of Development or Redevelopment provided by an owner of
land, in lieu of payment of the community benefits charge otherwise applicable, in whole or in
part.
"Phase" - means a part or parts of a larger development / redevelopment for which
separate building permit application(s) will be submitted.
"Planning Act" - means the Planning Act, R.S.O. 1990, c. P.13 as amended from time to
time or any successor thereof.
"Residential Unit" - means a dwelling unit that,
a. consists of a self-contained set of rooms located in a building or structure, and
b. is used or intended for use as residential premises.
"Storey" - a level of a building, other than a basement, located between any floor and the
floor, ceiling or roof immediately above it.
"Town" - means the Corporation of the Town of Innsifl.
"Value of the Land" means for the purposes of determining the Community Benefits Charge
payable, the appraised Value of the Land in an appraisal prepared by or for the Town and
in accordance with generally accepted appraisal principles and standard
Consolidated
By-law 040-23, as amended
"Community Benefits Charges"
Applicable Lands:
1. Subject to section 2 herein, this by-law applies to all lands within the Town of Innisfil.
2. This by-law shall not apply to land or Buildings within the Town of Innisfil that are
owned or used for the purposes of the Town or the County.
Application of By-law:
3. A Community Benefits Charge shall be payable for the capital costs of facilities,
services, and matters required for Development or Redevelopment of all lands in
the geographic area of the Town of Innisfil unless section 2 herein applies.
4. The Community Benefits Charge shall be imposed on all Development or
Redevelopment of a building or structure with five or more storeys and that adds ten
or more Residential Dwelling Units.
Amount of Charge
5. The standard approach to calculating the amount of the Community Benefits
Charge owing for a specific development will be based on the number of
Residential Dwelling Units multiplied by one of the following unit rates:
(a) Development located in the Orbit Secondary Plan Area, as shown on
Schedule A: $800 per Dwelling Unit.
(b) Development located elsewhere in the Town outside the Orbit Secondary
Plan Area: $800 per Dwelling Unit
5.1 On and following the date when the Town's Building Department issues the
first Building Permit for the construction of a Major Transit Station in the
Orbit Secondary Plan Area, as shown on Schedule A, the rate in subsection
5(a) will increase to $900 per Dwelling Unit.
5.2 On and following the date when the Major Transit Station located in the Orbit
Secondary Plan Area becomes operational and open to the public, the rate
in subsection 5(a) will increase to $950 per Dwelling Unit.
5.3 The per Dwelling Unit rates provided in sections 5, 5.1 and 5.2 shall be
adjusted annually without amendment to this By-law, commencing on April 1,
2024, in accordance with the most recent twelve month change in the
Statistics Canada Quarterly, Building Construction Cost Index.
6 Notwithstanding section 5, the Town may elect in writing and with notice to the
applicant, to calculate the amount of the Community Benefits Charge payable, for any
specific development, at an amount equivalent to 4% of the Value of the Land that is the
subject of the Development or Redevelopment on the day before the first building
permit is issued in respect of the development or redevelopment, multiplied by the ratio
of "A" to "B" where,
a. "A" is the gross floor area of any part of a building or structure, which part is
proposed to be erected or located as part of the development or
redevelopment, and
b. "B" is the gross floor area of all buildings and structures that will be on
the land after the development or redevelopment.
c. The value of the gross floor area for the types of development or
redevelopment set out in section 1 of Ontario Regulation 509/20 to the
Act shall be deducted from the Community Benefits Charge otherwise
payable.
6.1 If the Town elects to calculate the Community Benefits Charge
payable as described in section 6, the Town will notify the applicant
of the election and the amount payable on or before the earlier of the
date upon which the Town (or the Ontario Land Tribunal) issues a
Notice of Approval of Conditions (NOAC) or a Site Plan Approval
whichever comes first.
Timing of Calculation and Payment:
7 The Community Benefits Charge is payable prior to the issuance of the first building
permit issued for the Development or Redevelopment.
8 If a Development or Redevelopment is to be constructed in phases, each phase of
the development is deemed to be a separate Development or Redevelopment for the
purposes of this by-law and the amount of the Community Benefits Charge for each
phase is to be calculated in accordance with sections 5 & 6 of this By-law and
as otherwise required in accordance with section 37(32) of the Planning Act.
Exemptions:
9 The onus is on the owner or applicant to produce evidence to the satisfaction of the
Town establishing that the owner or applicant is entitled to an exemption under the
provisions of this by-law.
In-Kind Contributions:
10 In the event that Council has allowed an owner of land to provide an In-Kind
Contribution in- lieu of payment of a portion or all of the Community Benefits Charge
otherwise payable and arrangements for the provision of the In-Kind Contribution that
are satisfactory to Council have been made, the Community Benefits Charge
otherwise payable for the Development or Redevelopment shall be reduced by the
value that the Town has attributed to the In-Kind Contribution.
11 Notwithstanding section 10, any Development or Redevelopment or use that is
excluded or exempted in this by-law shall not be considered an In-Kind Contribution
for the purposes of subsection 37(8) of the Planning Act.
Review:
12 Within five years after this by-law is passed Council shall ensure that a review of this
by-law is undertaken and shall pass a resolution declaring whether a revision to the
by-law is needed and thereafter shall further review the by-law and pass a resolution
within every five years after the previous resolution was passed.
Consolidated
By-law 040-23, as amended
"Community Benefits Charges"
Short Title:
13 The by-law may be cited as the "Town of Innisfil Community Benefits Charge By-law".
Passed this 26th day of April 2023
_________________________________
Lynn Dollin, Mayor
_________________________________
Patty Thoma, Clerk
[Amended by Ontario Land Tribunal (OLT) Decision and Order issued on December 13,
2024 in File OLT-23-000740]
Consolidated
By-law 040-23, as amended
"Community Benefits Charges"
SCHEDULE A - MAP OF ORBIT SECONDARY PLAN AREA