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The Corporation of the City of Kawartha Lakes
By-Law 2025-139
A By-Law to Impose Development Charges in the City of
Kawartha Lakes
Recitals:
1. The City of Kawartha Lakes (hereinafter, the "City") will experience growth
through development requiring the provision of capital assets and other
capital-related services by the City, and intends to recover from development
the costs of such services to the extent permitted by law or as otherwise
considered advisable by Council.
2. Subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27
(hereinafter, 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 arising from the
development of the area to which the by-law applies.
3. A report for public circulation entitled "2025 Development Charges
Background Study" (hereinafter, the "study") prepared by Watson and
Associates Economists Limited (hereinafter, "Watson'") and a draft proposed
development charges by-law (hereinafter, the "proposed by-law") prepared by
the Manager of Corporate Assets, each prepared for the City pursuant to
section 10 of the Act, were dated and made publicly available on September
17, 2025.
4. Council held a public meeting regarding the study and proposed by-law on
October 21, 2025, and public notice of the meeting was given by the City, as
required by section 12 of the Act.
5. On November 7, 2025, Watson issued an addendum to the study and the
Manager of Corporate Assets revised the proposed by-law, and the resulting
amended study, dated November 7, 2025, and revised proposed by-law were
made publicly available on November 12, 2025.
6. Having reviewed the amended study and revised proposed by-law, Council
has adopted the amended study and has determined, pursuant to section 12
of the Act, that no further public meetings are required on these documents.
7. Having adopted the amended study, including the growth-related capital
forecast therein, Council has thereby indicated its intention to ensure the
corresponding increase in need for services attributable to anticipated
development is met, and has further indicated its intention to recover the
costs of the committed and future excess capacity identified in the study
through development charges or other similar charges.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes
enacts this By-Law 2025-139.
1 Section 1: Definitions and Interpretation
1.01 Definitions: In this by-law:
"accessory use" means a use of lands, buildings or structures that is
naturally and normally incidental and subordinate in purpose and or gross
floor area, and exclusively devoted to, the principal use of such lands,
buildings or structures;
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27;
"agricultural" means non-residential lands, buildings or structures or any
parts thereof used, designed or intended solely for farming, apiaries, fish
farming, animal husbandry or the cultivation of trees, shrubs, flowers,
grains, sod, fruits, vegetables and other crops or ornamental plants, or
similar agrarian activity, on land of at least three (3) hectares in area, and
includes barns, implement sheds, seasonal roadside stands and silos but
does not include facilities principally used for processing, year-round
wholesaling or year-round retailing;
"agricultural development charges" means development charges
pertaining to agricultural development, as determined in the Development
Charges Background Study adopted by Council for the purposes of this
by-law, subject to the same indexation applied to development charges
set out in Schedules 1 and 2 to this by-law;
"apartment dwelling unit" means a stacked dwelling unit or any dwelling
unit within a dwelling:
(a) containing three (3) or more dwelling units whereby access to each
dwelling unit is obtained through one or more common entrances from
the outside and the dwelling units are connected by one or more
interior corridors; or
(b) attached to a non-residential building or structure such that the
dwelling unit is not a single-detached, semi-detached or row dwelling
unit;
"Assessment Act" means the Assessment Act, R.S.O. 1990, c. A.31;
"bedroom" means a habitable room of more than seven (7) square
metres of floor area, including a den, study or other similar area, within a
dwelling unit, but does not include a bathroom, living room, dining room or
kitchen;
"benefitting area" means a geographically defined area in which lands,
buildings or structures receive or will receive a benefit from the
emplacement of capital assets facilitating a municipal service;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992,
Chap. 23;
"capital charge" means a charge or fee imposed on owners by the City,
pursuant to sections 390 through 400 of the Municipal Act, for the purpose
of recovering capital and related costs;
"capital cost" means a cost defined in subsection 5(3) of the Act that is
incurred or proposed to be incurred by the City or a local board thereof,
directly or by others on behalf of and as authorized by the City or local
board;
"Chief Building Official" means the person appointed by Council to
discharge the duties of the chief building official, pursuant to the Building
Code Act;
"City", "City of Kawartha Lakes" or "Kawartha Lakes" means The
Corporation of the City of Kawartha Lakes and includes its entire
geographic area;
"City Treasurer" means the person appointed by Council to discharge
the duties of the treasurer described in section 286 of the Municipal Act;
"Condominium Act" means the Condominium Act, 1998, S.O. 1998,
c.19;
"Council" or "City Council" means the municipal council for the City;
"demolition" means the deconstruction or removal of a building or
structure or any material part thereof;
"development" means the construction, erection, installation, placing,
extension or expansion of a building or structure, or the material alteration
or repair of a building or structure so as to increase or otherwise alter the
size or useability thereof, and includes the installation of a building unit
fabricated or moved from elsewhere such as a repurposed shipping
container;
"development charge" means a charge imposed by the City on
development pursuant to the Act and this by-law or a predecessor thereof,
as context requires;
"Development Charges Background Study" means a study undertaken
by or on behalf of the City, in accordance with section 10 of the Act, and
that has been or is intended to be adopted by Council;
"development charges reserve fund" means a fund or collection of
funds of the City established pursuant to section 33 of the Act;
"dwelling" means a residential building or structure or any parts thereof
that are occupied or capable of being occupied as a home, residence or
domestic establishment or habitat of some kind;
"dwelling unit" means any part of a dwelling, which may include the
entirety thereof, used exclusively, or designed or intended for exclusive
use, by one person or two or more cohabitating persons;
"electricity generation" means non-residential lands, buildings or
structures or any parts thereof that are not of an accessory use and that:
(a) form, support or accommodate a system or utility used, designed or
intended to convert wind, solar, biomass, coal, natural gas, waste,
water flow or other form of energy into electricity to be fed into the
general electricity grid, and includes such systems or utilities that
participate or are designed or intended to participate in the
Independent Electricity System Operator's Feed-In Tariff Program, or
successor thereof, or similar program; and
(b) constitute development for which gross floor area is inapplicable,
indeterminate or otherwise unrepresentative of the scale of the
development, as determined by the Chief Building Official;
"general service area" means all land within the corporate boundaries of
the City;
"gross floor area", as determined by the Chief Building Official, means:
(a) in the case of a residential building or structure, or in the case of a
mixed-use building or structure, the residential portion thereof, the total
area of all building floors measured between the outside surfaces of
exterior walls or between the outside surfaces of exterior walls and the
centre line of party walls dividing residential and non-residential uses;
and
(b) in the case of a non-residential building or structure, or in the case of a
mixed-use building or structure, the non-residential portion thereof, the
total area of all building floors 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 residential and non-
residential uses;
"large apartment dwelling unit" means an apartment dwelling unit that
contains two (2) or more bedrooms;
"local board" means a board of education, public utility, 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 legislation with respect to any of the
affairs or purposes, including school purposes, of the City;
"local services" means those services, facilities or things that are:
(a) under the jurisdiction of the City and related to a plan of subdivision, or
within the area to which the plan relates, to which sections 41, 51 or 53
of the Planning Act pertain; and
(b) those services to which section 59 of the Act pertains;
"Manager of Corporate Assets" means the person who holds that
position with the City, and his or her delegate(s), or, in the event of
organizational changes, another person designated by Council;
"multiple dwelling unit" means a park model trailer or any dwelling unit
that is not a single-detached, semi-detached, row or apartment dwelling
unit;
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25;
"municipal service" means a service set out in subsection 3(4) of the
Act, including a class of service as defined in section 7 of the Act,
provided by or on behalf of the City and designated in subsection 2.01;
"nameplate generating capacity", "nameplate capacity" or "plated
capacity" means, in respect of electricity generation, the maximum rated
continuous load-carrying capability to generate electricity, expressed in
kilowatts (KW), as verified, if applicable, by the Electrical Safety Authority
or any successor thereof or similar regulating authority;
"non-residential" means lands, buildings or structures or any parts
thereof that are not residential;
"Northwest Lindsay Development Area" means all lands to which the
Northwest Sanitary Sewer Works Capital Charge applies, as indicated in
Schedule 3 to this by-law;
"Northwest Sanitary Sewer Works Capital Charge" means the capital
charge imposed pursuant to City of Kawartha Lakes By-Law 2015-151
(Northwest Sanitary Sewer Capital Charge), as amended, or any
successor thereof;
"other non-residential" means non-residential lands, buildings or
structures or any parts thereof that are not agricultural or electricity
generation;
"owner" means the owner of land, or successor thereof, or a person who
has made application for an approval for the development of land upon
which development charges are or are to be imposed;
"park model trailer" means a CAN/CSA-Z241 Series-03 (R2013)
recreational trailer, as defined by the Standards Council of Canada, or
successor thereof, that is, in the determination of the Chief Building
Official, constructed and certified in accordance with that standard, built on
a single chassis, and designed exclusively for seasonal residential use
through relocation from time to time;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13;
"permit" means a written permission or authorization issued by the Chief
Building Official for the development or occupancy of a building or
structure, or part thereof, pursuant to the Building Code Act;
"police service area" means the area serviced by the City of Kawartha
Lakes Police Service, or any successor thereof, that being:
(a) the union of all land within the former Township of Ops and the former
Town of Lindsay, and all land that has been or may be appended
thereto by the City to accommodate development, or in the alternative;
(b) all land deemed to receive service by the City of Kawartha Lakes
Police Service, or any successor thereof, as otherwise established by
Council subsequent to the enactment of this by-law;
"principal use" means a use of lands, buildings or structures by which
development charges are, as indicated by Schedules 1 and 2 to this by-
law, imposed pursuant to this by-law, or that is agricultural;
"redevelopment" means development that involved, involves or will
involve, on the same land as the development, the demolition or removal
of an existing or former building or structure or the conversion of an
existing building or structure from one principal use to another principal
use, in whole or in part;
"residential" means lands, buildings or structures or any parts thereof
used, designed or intended to provide accommodation or quarters for
living, sleeping, sanitary and culinary purposes, or otherwise to serve as a
domestic residence, and includes park model trailers, but does not include
motels, hotels, tents, truck campers, tourist trailers, mobile camper trailers,
cottage establishments, boarding houses, lodging houses or rooming
houses of any kind;
"row dwelling unit" means a dwelling unit within a dwelling containing
three (3) or more attached dwelling units in a single row, whereby each
dwelling unit has an exclusive entrance from the outside and is vertically
separated from any abutting dwelling unit;
"rural-Ops service area" means all land within the police service area
that does not form part of the water or wastewater service areas;
"rural-other service area" means all land within the general service area
that does not form part of the urban-Lindsay, urban-NWT, urban-other or
rural-Ops service areas;
"semi-detached dwelling unit" means a dwelling unit within a dwelling
consisting of exactly two (2) attached dwelling units, wnereby each
dwelling unit has an exclusive entrance from the outside and is vertically
separated from the abutting dwelling unit;
"service area" means a benefitting area in respect of a municipal service
or set of municipal services, and includes the police, transit, water,
wastewater, wastewater-NWT, general, urban-Lindsay, urban-NWT,
urban-other, rural-Ops and rural-other service areas;
"single-detached dwelling unit" means a dwelling unit within a dwelling
consisting of exactly one (1) dwelling unit that is not attached to another
dwelling unit;
"small apartment dwelling unit" means an apartment dwelling unit that
is not a large apartment dwelling unit;
"stacked dwelling unit" means a dwelling unit, other than a row dwelling
unit, within a dwelling containing at least three (3) dwelling units, whereby
each dwelling unit is separated from the others vertically and or
horizontally and has an exclusive entrance from the outside;
"temporary building or structure" means a former building or structure
that, in the determination of the Chief Building Official, was created with
the express intention of being used for a continuous period not to exceed
six (6) months and had existed for a continuous period not exceeding six
(6) months;
"transit service area" means the area serviced by the City's public transit
service, that being:
(a) all land within the former Town of Lindsay, and all land that has been
or may be appended thereto by the City to accommodate
development, or in the alternative;
(b) all land deemed to receive the City's public transit service as otherwise
established by Council subsequent to the enactment of this by-law;
"urban-Lindsay service area" means the intersection of all land within
the transit, police, water and wastewater service areas outside the
wastewater-NWT service area;
"urban-NWT service area" means the intersection of all land within the
transit, police, water and wastewater-NWT service areas;
"urban-other service area" means the intersection of all land within the
water and wastewater service areas outside the urban-Lindsay and urban-
NWT service areas;
"wastewater-NWT service area" means the intersection of all land within
the Northwest Lindsay Development Area and the wastewater service
area;
"wastewater service area" means the union of all land serviced by a City
wastewater system, that being all land on which buildings or structures
are, as determined by the Chief Building Official, required, planned or
expected to connect, or are capable of being connected in future, to a City
wastewater system designed to service such lands, buildings or
structures;
"water service area" means the union of all land serviced by a City water
system, that being all land on which buildings or structures are, as
determined by the Chief Building Official, required, planned or expected to
connect, or are capable of being connected in future, to a City water
system designed to service such lands, buildings or structures; and
"zoning by-law" means the zoning by-law or set of zoning by-laws of the
City enacted pursuant to section 34 of the Planning Act.
1.02 Rules of Interpretation: For the purposes of interpretation of this by-law:
(a) all word variations and derivatives of the terms defined in subsection
1.01 shall carry a corresponding meaning, and the words "include",
"includes", "inclusive" and "including" are not to be read as limiting the
meaning of any word, term, phrase or description that follows;
(b) headings herein are used for reference only and shall not affect the
interpretation of this by-law; and
(c) references to laws in this by-law are meant to refer to the statutes, as
amended from time to time, including the regulations made thereunder,
that are applicable within the Province of Ontario.
2 Section 2: Development Charges Respecting Municipal
Services
2.01 Designated Municipal Services: Development charges shall be imposed
in respect of the following municipal services to pay for the increased
capital costs required because of the increased needs for those services
arising from development:
(a) public health, being the service or services referred to by paragraph 15
of subsection 2(4) of the Act;
(b) by-law enforcement, being part of the service or services referred to by
paragraph 18 of subsection 2(4) of the Act;
(c) parks and recreation, being the service or services referred to by
paragraph 14 of subsection 2(4) of the Act;
(d) library, being the service or services referred to by paragraph 12 of
subsection 2(4) of the Act;
(e) growth-related studies, being the service or services referred to by
paragraphs 5 and 6 of subsection 5(3) of the Act and subsection 7(3)
of the Act;
(f) fire, being part of the service or services referred to by paragraph 10 of
subsection 2(4) of the Act;
(g) fire-rural, being part of the service or services referred to by paragraph
10 of subsection 2(4) of the Act;
(h) paramedic, being the service or services referred to by paragraph 11 of
subsection 2(4) of the Act;
(i) police, being the service or services referred to by paragraph 9 of
subsection 2(4) of the Act;
(j) transit, being the service or services referred to by paragraph 7 of
subsection 2(4) of the Act;
(k) roads and related, being the service or services referred to by
paragraph 4 of subsection 2(4) of the Act;
(I) water treatment, being part of the service or services referred to by
paragraph 1 of subsection 2(4) of the Act;
(m)water distribution, being part of the service or services referred to by
paragraph 1 of subsection 2(4) of the Act;
(n) wastewater treatment, being part of the service or services referred to
by paragraph 2 of subsection 2(4) of the Act; and
(0) wastewater collection, being part of the service or services referred to
by paragraph 2 of subsection 2(4) of the Act.
2.02 Geographic Application: Respecting the municipal services designated
in subsection 2.01, the development charges set out in Schedules 1 and 2
to this by-law shall be imposed on development in the general service
area, except that:
(a) fire-rural development charges shall be imposed outside the water
service area only;
(b) police development charges shall be imposed in the police service
area only;
(c) transit development charges shall be imposed in the transit service
area only;
(d) water treatment and water distribution development charges shall be
imposed in the water service area only;
(e) wastewater treatment development charges shall be imposed in the
wastewater service area only; and
(f) wastewater collection development charges shall be imposed in the
wastewater service area only, exclusive of the wastewater-NWT
service area.
2.03 Aggregation for Administrative Convenience: For greater certainty, the
aggregation of development charges across municipal services and by
certain service areas in Schedules 1 and 2 to this by-law is for
administrative convenience only and does not affect or override the
geographic application of individual development charges by service area
prescribed by subsection 2.02.
2.04 Independent of Specific Need or Benefit: Development charges shall
be determined and imposed pursuant to this by-law without regard for the
specific increase in need for municipal services that may be required by,
or the specific municipal service benefits that may be conferred to, any
individual or particular development.
3 Section 3: Nexus between Development Approvals and
Development Charges
3.01 Designated Development Approvals: In accordance with subsection
2(2) of the Act, but subject to subsection 3.02, the development charges
referred to by subsection 2.02 shall be imposed on development within the
City only if such development requires any of the following approvals or
actions:
(a) the passing of a zoning by-law or of an amendment thereto under
section 34 of the Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7)
of the Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the Planning
Act;
(e) a consent under section 53 of the Planning Act;
(f) the approval of a description under section 9 of the Condominium Act;
or
(g) the issuing of a permit under the Building Code Act in relation to a
building or structure.
3.02 Treatment of Enlargement of an Existing Dwelling Unit: To qualify
subsection 3.01 in respect of subsection 2(3) of the Act and to provide for
greater certainty with respect to the application of this by-law to the
enlargement of an existing dwelling unit:
(a) the approvals and actions described in subsection 3.01, as required by
subsection 2(3) of the Act, exclude those whose only effect is to permit
the enlargement of an existing dwelling unit;
(b) the enlargement of an existing dwelling unit is considered, for the
purposes of subsection 2.01, development that does not increase the
need for municipal services; and
(c) by reason of paragraph (b) of this subsection and for the purposes of
paragraph 9 of subsection 5(1) of the Act, paragraph 3 of subsection
5(6) of the Act and paragraphs 1 through 3 of section 6 of the Act, no
inapplicability of development charges arising from subsection 2(3) of
the Act shall be construed as any form of exemption, discount or
similar measure designed to reduce development charges below the
allowable quantum in any particular case.
3.03 Multiple Development Approvals: For any given development, only one
development charge for each municipal service designated in subsection
2.01 shall be imposed, even though two or more of the approvals and
actions described in subsection 3.01 may be required by the development.
3.04 Subsequent Development Approvals: Notwithstanding subsection 3.03,
whereupon two or more of the approvals and actions described in
subsection 3.01 occur at different times for a development, additional
development charges shall be imposed in respect of any increased or
additional development arising directly from such approvals or actions.
3.05 After Permit Issuance: Whereupon a development requires an approval
or action described in subsection 3.01 after the issuance of a permit for
the development, any unpaid portion of development charges pertaining to
the development shall be paid prior to the granting of the approval or the
execution of the action that is required.
3.06 Permit Not Required: Whereupon a development does not require a
permit but does require one or more of the approvals or actions described
in subsection 3.01, development charges shall nonetheless be imposed in
respect of any increased or additional development arising directly from
such approvals or actions.
3.07 Withholding of Permit Issuance: To the extent permitted by the Act, the
Chief Building Official shall withhold issuance of a permit for a
development for which any development charges remain unpaid.
3.08 Local Services and Other Conditions of Development: Nothing in this
by-law prevents the City from requiring as a condition of development,
through a development agreement or not, that an owner, at his or her own
expense, install local services required by the City, or pay for local
infrastructure connections or other local capital works, or administrative,
processing, permit, inspection or other fees, or capital charges, community
benefits charges or other levies required by the City.
4 Section 4: Calculation and Payment of Development
Charges
4.01 General Basis of Calculation: Development charges imposed by this by-
law shall be calculated:
(a) in the case of residential development, or the residential portion of a
mixed-use development, based upon the number and type of dwelling
units comprising such development; and
(b) in the case of non-residential development, or the non-residential
portion of a mixed-use development, based upon the type of non-
residential development and gross floor area or nameplate generating
capacity of such development, whichever unit of measure is applicable.
4.02 Residential Calculation: The residential development charges per
dwelling unit set out in Schedule 1 to this by-law shall be imposed on
residential development, including dwelling units accessory to non-
residential uses, and, in the case of a mixed-use building or structure,
against the residential portion thereof, and calculated with respect to each
of the applicable municipal services according to the type of dwelling unit.
4.03 Non-Residential Calculation: The non-residential development charges
per unit of gross floor area or per 500 kilowatts of nameplate generating
Capacity, as the case may be, set out in Schedule 2 to this by-law shall be
imposed on non-residential development, and, in the case of a mixed-use
building or structure, against the non-residential portion thereof, and
calculated with respect to each of the applicable municipal services
according to the type of non-residential use.
4.04 Timing of Calculation and Payment: Development charges pertaining to
a development shall, subject to the Act, be calculated as of, and be made
payable on:
(a) in the case that a permit for the development is or will be withheld
pursuant to subsection 3.07, the date of issuance of the permit;
otherwise
(b) the date on which the first approval or action described in subsection
3.01 is granted or executed for the development.
4.05 Override by the Act: In the case of the Act rendering subsection 4.04
inoperable or inapplicable, the dates on which development charges
pertaining to a development are calculated and made payable shall be
determined by the Chief Building Official in accordance with the Act.
4.06 Override by Future Section 27 Agreement: Notwithstanding subsection
4.04 but only to the extent permitted by the Act, the dates on which
development charges pertaining to a development are calculated and
made payable may, pursuant to section 27 of the Act, be determined by
an agreement between the City and the owner required to pay the
development charges, whereby the City may, to the extent permitted by
the Act, register the agreement against the title of the land to which the
development charges apply.
4.07 Collection as Property Taxes: In accordance with subsection 32(1) of
the Act, development charges that remain unpaid after they become
payable by the subject owner pursuant to this by-law shall be added to the
tax roll and shall be collected from the owner in the same manner as
property taxes.
5 Section 5: Development Charges Exemptions, Refunds and
Credits
5.01 Legislated Exemptions, Etcetera: Provisions of the Act, including
subsections 2(3.1) through 2(3.3), sections 3 through 4.4 and sections
26.1 through 26.3 thereof, which override this by-law so as to limit the
quantum or otherwise impair the collection of development charges the
City may, in any particular case, impose and collect pursuant to this by-
law are:
(a) in a declaratory sense only, recognized by the City as rules for the
purposes of paragraph 9 of subsection 5(1) of the Act and paragraphs
1 and 2 of section 6 of the Act; and
(b) for greater certainty with respect to paragraph 3 of subsection 5(6) of
the Act, not prescribed by this by-law.
5.02 Discretionary Exemptions: Notwithstanding any other provision of this
by-law, development charges shall not be imposed in respect of the
development of:
(a) a place of worship, non-profit hospice, public hospital, cemetery, burial
site or crematorium, as defined in the Assessment Act;
(b) an agricultural building or structure; or
(c) a park model trailer.
5.03 Refunds for Temporary Buildings or Structures: Notwithstanding any
other provision of this by-law, a temporary building or structure shall, ona
retroactive basis, be considered not to have been development, and,
therefore, an owner who paid development charges pertaining to a
temporary building or structure shall be entitled to a refund of the
development charges, without interest, if the owner demonstrates to the
satisfaction of the Chief Building Official that the building or structure was
indeed temporary.
5.04 Redevelopment Credits: Subject to subsection 5.05 but notwithstanding
any other provision of this by-law, respecting a redevelopment of land,
whereupon a building or structure on the same land was demolished or is
to be demolished or converted from one principal use to another principal
use, in whole or in part, in order to facilitate the redevelopment, the
development charges pertaining to such a redevelopment shall, as
determined by the Chief Building Official based upon information he or she
considers verifiable, be credited by:
(a) in the case of a residential building or structure, or in the case of a
mixed-use building or structure, the residential portion thereof, an
amount calculated by multiplying the applicable development charge
rates 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 portion thereof, an
amount calculated by multiplying the applicable development charge
rates by the gross floor area or nameplate generating capacity,
whichever unit of measure is applicable, that has been or will be
demolished or converted to another principal use.
5.05 Restrictions on Redevelopment Credits: A credit set against
development charges pursuant to subsection 5.04 shall:
(a) be determined in accordance with development charge rates that
would otherwise apply if the provisions referred to in subsection 5.01
and imposed by subsection 5.02 did not apply;
(b) notwithstanding paragraph (a) of this subsection, not exceed the
amount of development charges otherwise payable pursuant to this by-
law; and
(c) apply only if the building or structure or part thereof associated with the
credit was, as determined by the Chief Building Official based upon
information he or she considers verifiable, capable of being occupied
within the 5-year period or such longer period, as may be established
by Council subsequent to the enactment of this by-law, prior to the
date on which the development charges are calculated pursuant to this
by-law.
5.06 Credits Related to Expiration or Revocation of Permits: Whereupon a
permit has been issued for a development on land for which development
charges have been paid, in the case that the permit expires or is revoked,
the development charges shall not be refunded but instead shall be
credited against any subsequent development charges that may become
payable as a result of any subsequent approvals or actions described in
subsection 3.01 being granted or executed in respect of the same land.
5.07 Status of Credits and Refunds: For the purposes of paragraph 9 of
subsection 5(1) of the Act, paragraph 3 of subsection 5(6) of the Act and
paragraphs 1 through 3 of section 6 of the Act, and for greater certainty
with respect to each of them, no credit against or refund of development
charges provided for by subsections 5.03 through 5.06 shall be construed
as any form of exemption, discount or similar measure designed to reduce
development charges below the allowable quantum in any particular case.
5.08 Agreement Potentially Required: To the extent permitted by the Act, the
City may require an owner liable for development charges to enter into an
agreement with the City as a condition of obtaining the benefit of a
provision referred to in subsection 5.01, whereby the City may, to the
extent permitted by the Act, register the agreement against the title of the
land to which the development charges apply.
5.09 Onus on Owner: The onus is on the owner liable for development
charges to produce evidence to the satisfaction of the Chief Building
Official that the owner is indeed entitled to any relief referred to in
subsection 5.01 or any exemption, refund or credit provided for by
subsections 5.02 through 5.06.
6 Section 6: Administrative Matters
6.01 By-Law Administration: The Chief Building Official and Manager of
Corporate Assets are jointly responsible for the administration of this by-
law, whereby the former position is responsible for day-to-day
administration and the latter position is responsible for general
administration and oversight.
6.02 Restructuring of Reserve Fund: For the purposes of section 33 of the
Act, the City Treasurer shall, upon the coming into force of this by-law,
restructure the consolidated development charges reserve fund as
necessary into separate constituent reserve fund accounts bearing a one-
to-one correspondence with the municipal services designated in
subsection 2.01.
6.03 Replenishment of Reserve Fund: Respecting compliance with
paragraph 3 of subsection 5(6) of the Act:
(a) the City Treasurer shall, as much as financial records and resources
will admit, ensure the development charges reserve fund is
replenished annually from other City funds to correct for shortfalls in
the development charges reserve fund arising from the provisions of
subsection 5.02; and
(b) for the purposes of paragraph (a) of this subsection, the shortfalls in
the development charges reserve fund arising from paragraphs (a), (b)
and (c) of subsection 5.02 shall, respectively, be determined in
accordance with the applicable rates of other non-residential,
agricultural and residential development charges.
6.04 Effect of Provisions Referred to in Subsection 5.01: As subsection
5.01 is not subject to paragraph 3 of subsection 5(6) of the Act, the
development charges reserve fund reconciliation included in any
Development Charges Background Study prepared after the coming into
force of this by-law shall, as much as financial records will admit, carry
forward into the determination of future rates of development charges the
shortfalls in the development charges reserve fund arising from the
provisions referred to in subsection 5.01.
6.05 No Phase-in of Development Charges: For greater certainty, the
development charges set out in Schedules 1 and 2 to this by-law shall not
be phased in, and, subject to indexation in accordance with subsection
6.06, shall take effect upon the coming into force of this by-law.
6.06 Indexation of Development Charges: Starting on January 1, 2026, the
Manager of Corporate Assets shall, without amendment to this by-law and
as permitted by paragraph 10 of subsection 5(1) of the Act, annually index
the development charges set out in Schedules 1 and 2 to this by-law in
accordance with the Statistics Canada Non-Residential Building
Construction Price Index for Toronto, or any successor thereof,
whereupon the indexed development charges shall take effect at 12:01am
January 1 of the year during which they are to be in effect.
7 Section 7: Other Matters
7.01 Schedules: The following schedules to this by-law form part of this by-
law:
(a) Schedule 1: Residential Development Charges;
(b) Schedule 2: Non-Residential Development Charges; and
(c) Schedule 3: Northwest Lindsay Development Area.
7.02 Abbreviations and Symbols in Schedules: The following equivalences
apply to abbreviations and symbols appearing in Schedules 1 and 2 to this
by-law:
(a) "$" stands for dollars in Canadian currency;
(b) "/" stands for per;
(c) "Unit" stands for dwelling unit;
(d) "m2" stands for square metre or square metres, as context requires;
(e) "GFA" stands for gross floor area, measured in square metres;
(f) "NGC" stands for nameplate generating capacity, measured in
kilowatts; and
(g) "KW" stands for kilowatt or kilowatts, as context requires.
7.03 Override by Prior Section 27 Agreement: Notwithstanding any other
provision of this by-law, the provisions of an agreement between the City
and an owner, made pursuant to section 27 of the Act and setting out,
based upon rates of development charges in effect prior to the coming into
force of this by-law, the development charges to be paid and or services in
lieu of development charges to be provided by the owner in respect of a
particular development, shall override this by-law in respect of that
development if the agreement:
(a) was executed before the coming into force of this by-law; and
(b) remains in effect at the time this subsection is invoked for the purposes
of fulfilling the agreement.
7.04 Concurrent and Subsequent By-Laws: This by-law does not:
(a) impair any concurrent by-law imposing development charges, capital
charges or similar charges within the City; or
(b) preclude the enactment of subsequent by-laws imposing development
charges, capital charges or similar charges within the City.
7.05 Severability: If a court or tribunal of competent jurisdiction declares any
portion of this by-law to be illegal or unenforceable, that portion of this by-
law shall be considered to be severed from the balance of the by-law,
which shall continue to operate in full force and effect.
7.06 Registration on Title: As permitted by section 42 of the Act, the City may
register a certified copy of this by-law with the Land Registry Office, or any
successor thereof, against title to any land to which this by-law applies.
7.07 Effective Date and Expiry: This by-law shall come into force at 12:01am
January 1, 2026, and shall expire at 11:599m December 31, 2035 unless
it is repealed prior thereto.
7.08 Repeal: By-Law 2019-184 (A By-Law to Impose Development Charges in
the City of Kawartha Lakes) is repealed at 12:01am January 1, 2026 upon
the coming into force of this by-law.
By-law passed this 18th day of November, 2025.
Doug Elmslie, Mayor Cathie Ritchie, City Clerk
Schedule 1: Residential Development Charges
The residential development charges imposed by this by-law shall be those set
out in the following table by type of dwelling unit, subject to indexation:
oa Row or Large Small
Municipal Service Detached Multiple Apartment Apartment
($/Unit) ($/Unit) ($/Unit) ($/Unit)
oa Row or Large Small
Municipal Service Area Detached Multiple Apartment Apartment
($/Unit) ($/Unit) ($/Unit) ($/Unit)
Schedule 2: Non-Residential Development Charges
The non-residential development charges imposed by this by-law shall be those
set out in the following table by type of non-residential development, subject to
indexation:
Electricity | Other Non-
Municipal Service Generation | Residential
($/500 KW | ($/m? of
of NGC) GFA)
|PublicHealth =| | 8
|By-LawEnforcement | | 0.22 |
|Parks and Recreation | | 7.75
[Library | 87
|Growth-Related Studies | | 4.41
Transit | 420
[Water Treatment | | 127.98
[Water Distribution | | 17.33 |
[Wastewater Treatment | | 68.57 |
|Wastewater Collection | | 46.39
Electricity | Other Non-
Municipal Service Area Generation | Residential
($/500 KW | ($/m? of
of NGC) GFA)
Schedule 3: Northwest Lindsay Development Area
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