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THE CORPORATION OF THE CITY OF MISSISSAUGA
Mississauga Development Charges
By-law 0133-2022
(Amended by OLT Decision OLT-22-004364 - March 7, 2025)
WHEREAS section 2 of the Development Charges Act, 1997 ("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 from development;
AND WHEREAS a development charges background study was completed and made
available to the public on March 4, 2022 and the proposed by-law was made available to the
public on March 23, 2022, in accordance with sections 10, 11 and 12 of the Act;
AND WHEREAS the Council of The Corporation of the City of Mississauga ("Council")
gave notice of and held a public meeting on April 6, 2022 and has heard all persons who
requested to be heard;
AND WHEREAS on May 4, 2022, Council resolved that increases in the need for
services attributable to development identified in the By-law will be met;
AND WHEREAS on May 4, 2022, Council expressed its intention that infrastructure
related to post-2031 development and future excess capacity shall be paid for by development
charges;
AND WHEREAS Council considered the use of more than one development charges by-
law to reflect different needs for services in different areas, also known as area rating or area
specific development charges, and determined that it is fair and reasonable that charges be
calculated on a uniform, city-wide basis;
NOW THEREFORE, Council enacts as follows:
PART I - DEFINITIONS
1.
In this By-law, the following terms shall have the corresponding meaning:
"accessory" means use of a building or structure that is normally incidental and
subordinate to and located on the same parcel of land as the principal use;
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, or
any successor thereto;
"Apartment Unit" means, for the purposes of Schedule "A", a unit in an apartment, a
duplex, triplex and a stacked townhouse, and a retirement unit;
"Assessment Act" means the Assessment Act, R.S.O. 1990, c. A.31, as amended, or
any successor thereto;
"Board of Education" has the same meaning as "board" set out in the Education Act,
R.S.O. 1990, c. E.2, as amended, or any successor thereto;
"Building By-law" means the City's Building By-law 0203-2020, as amended, or any
successor thereto;
"Building Code Act, 1992" means the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, or any successor thereto and all regulations thereto, including the Ontario
Building Code, as amended;
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"building or structure" means a building or structure consisting of a wall, roof and floor
or any of them or a structural system serving the function thereof, including an air
supported structure, mezzanine, exterior storage tank, or industrial tent, but does not
include:
(1)
A free-standing roof-like structure constructed on lands used for a gas bar
or a service station; or
(2)
An exterior accessory storage tank;
"capital costs" means the costs incurred or proposed to be incurred by the City or a
local board thereof directly or by others on behalf of, and authorized by, the City or a
local board,
(1)
to acquire land or an interest in land, including a leasehold interest,
(2)
to improve land,
(3)
to acquire, lease, construct or improve buildings and structures,
(4)
to acquire, lease, construct or improve facilities including,
(a)
rolling stock with an estimated useful life of seven years or more,
(b)
furniture and equipment, other than computer equipment, and
(c)
materials acquired for circulation, reference or information purposes
by a library board as defined in the Public Libraries Act, R.S.O.
1990, c. P.44, as amended, or any successor thereto,
(5)
to undertake studies in connection with any of the matters referred to in
paragraphs (1) to (4) above,
(6)
costs of the development charge background study required under Section
10 of the Act, and
(7)
interest on money borrowed to pay for costs described in paragraphs (1)
to (6) above,
required for the provision of designated services in a development charge by-law within
or outside the City;
"City" means The Corporation of the City of Mississauga;
"Council" means the Council of The Corporation of the City of Mississauga;
"commercial parking garage" means a building or structure, or any part thereof, whose
principal use is for the temporary parking of motor vehicles for remuneration.
"development" means:
(1)
creating a new lot(s);
(2)
constructing or placing one or more buildings or structures on land;
(3)
adding to or altering a building or structure that has the effect of increasing
the size and usability thereof; and
(4)
redevelopment, whether or not the land is already serviced.
"development charge" means a charge imposed under this By-law;
"dwelling unit" means one or more habitable rooms designed, occupied or intended to
be occupied as living quarters as a self-contained unit and shall, as a minimum contain
sanitary facilities, accommodation for sleeping and one kitchen, and includes:
(1)
"apartment" means a building or part thereof, containing more than three
dwelling units, and with a shared entrance and exit facilities through a common
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vestibule(s),
(2)
"back to back townhouse" means a building with four or more dwelling units
divided vertically including a common rear wall each with an independent
entrance and has a yard abutting at least one exterior wall of each dwelling unit,
(3)
"detached dwelling" means a building comprised of one dwelling unit,
(4)
"duplex" means a building that is divided horizontally into two attached dwelling
units,
(5)
"linked dwelling" means two or more buildings, each of which consists of not
more than one dwelling unit, attached solely below established grade by a
connection spanning between the footings of each building,
(6)
"retirement unit" means a unit in a retirement home designed or intended for not
more than two persons, with a separate entrance from a common hall, in which
separate sanitary facilities are provided, but may contain limited culinary facilities;
(7)
"second unit" means an accessory dwelling unit located within a detached
dwelling, semi-detached dwelling, street townhouse or back to back townhouse, or
in an ancillary structure on the same parcel of land as the primary dwelling,
(8)
"semi-detached" means a building with two attached dwelling units, each on
their own lot, that are divided vertically above grade by a party wall,
(9)
"stacked townhouse" means a building with four or more dwelling units divided
horizontally and vertically each with an entrance that is independent or through a
shared landing and/or external stairwell,
(10)
"street townhouse" means one of more than two attached dwelling units, not
exceeding three storeys in height that are divided vertically above grade by a
party wall, and
(11)
"triplex" means a building that is divided horizontally into three separate
dwelling units, each with an entrance that is either independent or through a
common vestibule;
"established grade" means the average level of proposed or finished ground adjoining
a building at all exterior walls;
"existing industrial building" means a building used for or in connection with,
(1)
manufacturing, producing, processing, storing or distributing something,
(2)
research or development in connection with manufacturing, producing or
processing something,
(3)
retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site where the
manufacturing, production or processing takes place,
(4)
office or administrative purposes, if they are,
(a)
carried out with respect to manufacturing, producing, processing, storage
or distributing of something, and
(b)
in or attached to the building or structure used for that manufacturing,
producing, processing, storage or distribution;
"floor" means the lower surface of an area in a building or structure regardless of its
composition;
"gross floor area" means the total floor area, measured between the outside of exterior
walls or between the outside of exterior walls and the centre line of party walls dividing the
building from another building, of all floors above the average level of finished ground
adjoining the building at its exterior walls, as defined in O. Reg. 82/98;
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"hazard lands" means lands that are unsuitable for development due to naturally
occurring processes including lands covered by water and extending to the furthest
landward limit of the flooding or erosion hazard limits as may be determined by the City
and/or the Conservation Authority with jurisdiction over the lands with respect to a
development;
"industrial" means lands, buildings or structures used or designed or intended for use
for or in connection with manufacturing, producing, processing, warehousing or bulk
storage of goods, or a distribution centre or truck terminal; research or development in
connection with manufacturing, producing, processing, or storage of goods; and office
uses and the sale of commodities to the general public where such uses are accessory
to an industrial use, but does not include a building used exclusively for office or
administrative purposes unless it is attached to an industrial building or structure as
defined above;
"live/work unit" mean a unit which contains separate residential and non-residential
areas intended for both residential and non-residential uses concurrently, and shares a
common wall with direct access between the residential and non-residential areas;
"local board" means a local board as defined in section 1 of the Municipal Affairs Act,
R.S.O. 1990, c. M.46, as amended, or any successor thereto, other than a board as
defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2, as amended;
"mezzanine" means floor area located between the floor and the ceiling of any room or
storey, with or without partitions or other visual obstructions;
"mixed use" means any building or structure containing residential and non-residential
uses, and where there are no dwelling units at grade;
"net developable area" means, for the purpose of the Storm Water Management
service as set out in Schedule "D", the developable area of land calculated on a net
hectare basis that excludes lands conveyed or to be conveyed to:
(1)
the City pursuant to sections 42, 51 and 53 of the Planning Act, and, all
lands conveyed or to be conveyed to the City or any local board thereof; or
(2)
the Regional Municipality of Peel or any local board thereof, save and
except for any lands developed for residential use by the Regional
Municipality of Peel or any local board thereof, or any corporation owned,
controlled or operated by the Regional Municipality of Peel; or
(3)
a Board of Education; or
(4)
the Ministry of Transportation for the construction of provincial highways; or
(5)
Hydro One Networks Inc., Enersource Corporation, or any of their
subsidiaries, for the purposes of providing electricity utility services; or,
(6)
any hazard lands conveyed or to be conveyed to a Conservation Authority
as a condition of any development;
"non-industrial" means land, buildings or structures or parts thereof used or intended
to be used other than for residential or industrial, including but not limited to retail,
service, office, hospitality, motor vehicle service, entertainment and recreation, facilities
for the storage of goods by members of the public for a fee, and commercial parking
garage.
"non-residential" means lands, buildings or structures or parts thereof used or intended
to be used for industrial or non-industrial uses, including the non-residential portion of a
live/work unit;
"owner" means the owner of land or any person which has made an application for an
approval of the development of land upon which a development charge can be imposed;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended, or any
successor thereto;
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"protracted" means, in relation to a temporary building or structure, construction,
alteration, addition or placement on land for a continuous period exceeding 245 days
within any twelve (12) month period, commencing from the date on which the building or
structure was first constructed or placed on the lands;
"redevelopment" means constructing or placing one or more buildings or structures on
land where all or part of a building or structure has been previously demolished, or
changing the use of a building or structure from a residential use to a non-residential use
or from a non-residential use to a residential use;
"Regulation" means O. Reg. 82/98 made under the Act;
"residential" means lands, buildings or structures or part thereof, used, designed or
intended for use as living accommodations but shall not include a lodging house
licensed by the City or a hotel or motel;
"retirement home" means a residential building or part thereof within the meaning of
subsection 2(1) of the Retirement Homes Act, 2010, S.O. 2010, c. 11, that includes
without limitation (i) a common enclosed entrance from street level, (ii) more than three (3)
retirement units, (iii) common facilities for the preparation and consumption of food and
(iv) provision of additional care services, such as housekeeping or on-site medical
services;
"Rows and Other Multiples" means, for the purposes of Schedule "A", a building with
three or more attached dwelling units divided vertically above grade each with an at
grade yard abutting at least one exterior wall of each dwelling unit, and includes street
townhouse and back to back townhouse dwelling units;
"sales trailer" means a temporary sales pavilion that is constructed without foundation,
excluding concrete piers, and is used for the principal purpose of promoting the sale of
new residential dwelling units;
"service" means a service designated in section 2 of this By-law;
"Singles and Semis" means, for the purposes of Schedule "A", a detached dwelling,
linked dwelling or semi-detached dwelling;
"Small Unit" means, for the purposes of Schedule "A", any dwelling unit that is 65 m2 or
700 square feet, or less, in size;
"Special Care Unit" means, for the purpose of Schedule "A", a unit in a special care
facility,
"special care facility" means a residential building or portion thereof providing or
intending to provide habitable units to unrelated individuals requiring special care, where
such units may or may not have exclusive sanitary and/or culinary facilities, and the
occupants have access to common areas and additional medical, personal and/or
supervisory care. For clarity, a special care facility includes 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, a home for special care within the meaning of the Homes for Special Care Act,
R.S.O. 1990, c. H.12, or a residential hospice for end of life care.
"storey" means that portion of a building other than a cellar or basement included
between any floor level and the floor, roof deck or deck ridge next above it;
"SWM DC" means that component of the development charge relating to the provision
of the Storm Water Management service as set out in Schedule "D" to this By-law;
"temporary building or structure" means a building or structure constructed or placed
on land for a period not exceeding 245 days within any twelve (12) month period,
commencing from the date on which the building or structure was first constructed or
placed on the lands;
"total floor area" means the total of the areas of each floor and/or mezzanine in a
non-residential building or structure above or below established grade, measured
between the exterior of outside walls, but excluding:
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(1)
enclosed areas used for climate control, electrical, energy generation and
distribution, or mechanical equipment related to the operation or maintenance of
the building;
(2)
areas of stairwells, washrooms or elevators;
(3)
any part of the building or structure above or below established grade used
exclusively for the temporary parking of motor vehicles or the provision of loading
space(s), except a commercial parking garage; and
(4)
the area of any self-contained structural shelf and rack storage facility permitted by
the Building Code Act;
and where a non-residential building or structure has less than four walls, the total floor
area shall be equal to the total area occupied including the areas of any floors and
mezzanines in the building or structure;
"truck terminal" means a building, structure or land where trucks and/or tractor trailers
are rented, leased, or stored, or are dispatched for hire as common carriers;
"yard" means any open, uncovered, unoccupied space, belonging to a building.
"Zoning By-law" means the City's Zoning By-law 0225-2007, as amended, or any
successor thereto.
PART II - DESIGNATED SERVICES
2.
Development charges against land to be developed shall be based upon the provision of
the following categories of designated services by the City:
(1)
By-law Enforcement;
(2)
Recreation and Parks Development;
(3)
Fire Services;
(4)
Library;
(5)
Transit;
(6)
Roads and Related Infrastructure Services, including Public Works;
(7)
Living Arts Centre (Debt);
(8)
Storm Water Management; and
(9)
Development-Related Studies.
PART III - APPLICATION OF BY-LAW RULES
3.
For the purposes of complying with section 6 of the Act:
(1)
the area to which this By-law applies shall be the area described in section 4 of
this By-law;
(2)
the rules developed under paragraph 9 of subsection 5(1) of the Act for
determining if a development charge is payable in any particular case and for
determining the amount of the charge shall be set out in sections 2 and 9, and
Part IV and V of this By-law;
(3)
the rules developed under paragraph 10 of subsection 5(1) of the Act for
exemptions shall be the exemptions set forth in sections 5 through 8 both
inclusive, of this By-law, indexing of the charges shall be as set out in section 30
of this By-law; and
(4)
rules for the redevelopment of land shall be as set out in sections 18 and 19 of
this By-law.
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Area to Which By-law Applies
4.
(1)
Subject to subsection 4(2), this By-law applies to all lands in the City, however
used, whether or not the land or use is exempt from taxation under section 3 of
the Assessment Act.
(2)
This By-law shall not apply to land that is owned by and used for the purposes
of:
(a)
the City or any local board thereof;
(b)
a Board of Education; or
(c)
the Regional Municipality of Peel or any local board thereof.
Exemptions
5.
Notwithstanding the provisions of this By-law, no development charges are imposed
under this By-law respecting:
(1)
land, buildings or structures used as public hospitals governed by the Public
Hospitals Act, R.S.O. 1990, c. P.40, as amended, or any successor thereto;
(2)
land, buildings or structures owned by and used for the purposes of a college
established pursuant to the Ontario Colleges of Applied Arts and Technology Act,
2002 as amended, or any successor thereto;
(3)
land, buildings or structures owned by, vested in or leased to a university that
receives regular and ongoing operating funds from the government for the
purposes of post-secondary education and which development is intended to be
occupied and used by the university established by an Act of the Legislative
Assembly of Ontario;
(4)
a mobile temporary sales trailer;
(5)
a temporary building or structure provided that:
(a)
the status of the building or structure as a temporary building or structure
is maintained in accordance with the provisions of this By-law; and
(b)
the owner has entered into a deferral agreement prior to the temporary
building or structure being constructed or placed on the lands, in a form
satisfactory to the Commissioner of Corporate Services, which deferral
agreement shall include without limitation, the owner providing,
maintaining, and supplementing as required the City with satisfactory
security for the payment of development charges to be drawn upon in the
event that the temporary structure becomes protracted or is no longer
deemed by the City to be a temporary structure in accordance with the
provisions of this By-law or the agreement referred to herein and any
unpaid amount will be added to the tax roll;
(6)
lands which are zoned for and used as a cemetery, mausoleum, crematorium,
and or columbarium, as defined in the Zoning By-law, shall be exempt from the
payment of the SWM DC only, and only to the extent that the net developable
area of the lands are not occupied by buildings and structures, parking, and
paved internal roadways;
6.
Notwithstanding the provisions of this By-law, and in accordance with the Regulation, no
development charges are imposed under this By-law respecting residential development
that would have the effect of:
(1)
enlarging an existing dwelling unit or creating additional dwelling units, subject to
the following restrictions:
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(2)
creating a second dwelling unit in or ancillary to proposed new residential
development, subject to the following restrictions:
Class of
Proposed New
Residential
Buildings
Description of Class of Proposed
New Residential Buildings
Restrictions
Proposed new
detached
dwellings
Proposed new residential buildings
that would not be attached to other
buildings and that are permitted to
contain a second dwelling unit, that
being either of the two dwelling units,
if the units have the same gross floor
area, or the smaller of the dwelling
units.
The proposed new detached dwelling must
only contain two dwelling units.
The proposed new detached dwelling must be
located on a parcel of land on which no other
detached dwelling, semi-detached dwelling or
row dwelling would be located.
Proposed new
semi-detached
dwellings or row
dwellings
Proposed new residential buildings
that would have one or two vertical
walls, but no other parts, attached to
other buildings and that are permitted
to contain a second dwelling unit, that
being either of the two dwelling units,
if the units have the same gross floor
area, or the smaller of the dwelling
units.
The proposed new semi-detached dwelling or
row dwelling must only contain two dwelling
units.
The proposed new semi-detached dwelling or
row dwelling must be located on a parcel of
land on which no other detached dwelling,
semi-detached dwelling or row dwelling would
be located.
Class of
Existing
Residential
Building
Description of Class of
Existing Residential
Buildings
Maximum Number
of Additional
Dwelling Units
Restrictions
Existing single
detached
dwellings
Existing residential buildings,
each of which contains a single
dwelling unit, that are not
attached to other buildings.
Two
The total gross floor area of the
additional dwelling unit or units
must be less than or equal to
the gross floor area of the
dwelling unit already in the
building.
Existing semi-
detached
dwellings or
row dwellings
Existing residential buildings,
each of which contains a single
dwelling unit, that have one or
two vertical walls, but no other
parts, attached to other
buildings.
One
The gross floor area of the
additional dwelling unit must be
less than or equal to the gross
floor area of the dwelling unit
already in the building.
Existing rental
residential
buildings
Existing residential rental
buildings, each of which
contains four or more dwelling
units.
Greater of one and
1% of the existing
units in the building
None
Other existing
residential
buildings
An existing residential building
not in another class of
residential building described in
this table.
One
The gross floor area of the
additional dwelling unit must be
less than or equal to the gross
floor area of the smallest
dwelling unit already in the
building.
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Proposed new
residential
buildings that
would be
ancillary to a
proposed new
detached
dwelling, semi-
detached
dwelling or row
dwelling
Proposed new residential buildings
that would be ancillary to a proposed
new detached dwelling, semi-
detached dwelling or row dwelling and
that are permitted to contain a single
dwelling unit.
The proposed new detached dwelling, semi-
detached dwelling or row dwelling, to which
the proposed new residential building would
be ancillary, must only contain one dwelling
unit.
The gross floor area of the dwelling unit in the
proposed new residential building must be
equal to or less than the gross floor area of the
detached dwelling, semi-detached dwelling or
row dwelling to which the proposed new
residential building is ancillary.
7.
Prior to the issuance of the first building permit and at the time of initial construction, a
place of religious assembly will receive a grant-in-lieu of development charges
equivalent to the development charges attributed to twenty-five percent (25%) of the total
floor area of the building.
Industrial Expansion
8.
For the purposes of the exemption set out in section 4 of the Act for the enlargement of
existing industrial buildings, the following provisions shall apply:
(1)
in this section, the word "building" when applied to an industrial condominium,
means an individually owned and conveyable unit within an industrial
condominium;
(2)
for the purposes of interpreting the definition of "existing industrial building"
contained in the regulation, regard shall be had for the classification of the lands
pursuant to the Assessment Act, and in particular whether more than 50 per cent
of the gross floor area of the building or structure has an industrial tax class code
for assessment purposes and be occupied with an existing industrial use;
(3)
notwithstanding subsection 8(2) above, occupied distribution centers,
warehousing, bulk storage and truck terminals shall be considered industrial
uses;
(4)
the gross floor area of an existing industrial building shall be calculated as it
existed prior to the first enlargement in respect of that building for which an
exemption under section 4 of the Act is sought;
(5)
the enlargement of the gross floor area of the existing building must be attached
to the existing industrial building;
(6)
the enlargement must not be attached to the existing industrial building by means
only of a tunnel, bridge, passageway, shared below grade connection, foundation,
footing or parking facility, but must share a common wall with the existing
building or structure;
(7)
the enlargement shall be for, or in connection with, an industrial use as set out in
this By-law;
(8)
if the enlargement is equal to 50 per cent or less of the gross floor area of an
existing industrial building, the amount of development charge in respect of the
enlargement is zero;
(9)
if the enlargement is greater than 50 per cent of the gross floor area of an
existing industrial building, development charges are payable on the amount by
which the enlargement exceeds 50 per cent of the gross floor area of the existing
building before the enlargement;
(10)
subject to subsection (9), if the enlargement is greater than 50 per cent of the
gross floor area of an existing industrial building, SWM DCs shall be payable on
the lot area covered by the enlargement in excess of 50 per cent, plus the lot
area covered by any additional parking;
(11)
if prior to this By-law coming into effect the City and the owner or former owner of
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the lands entered into an agreement with respect to the payment of SWM DCs,
the SWM DCs payable on account of an enlargement of more than 50 per cent of
the gross floor area of an existing industrial building shall be calculated in
accordance with the terms of said agreement.
9.
Other than the uses specifically listed in sections 5-8 of this By-law, no lands, buildings
and/or structures shall be exempt from development charges solely by virtue of their use.
Development Approvals
10.
(1)
Development charges shall be imposed and shall be calculated on all lands,
building or structures that are developed for residential and non-residential uses,
where the development requires any one of the following:
(a)
the passing of a zoning by-law or of an amendment to a zoning by-law
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, 1992 in relation to a
building or structure.
(2)
Only one (1) development charge for each designated service shall be imposed
on any land even though two (2) or more of the actions described in subsection
10(1) hereof are required for the land to be developed.
(3)
Despite subsection 10(2), and subject to this By-law and to section 4 of the Act, if
two (2) or more of the actions described in subsection 10(1) occur at different
times, additional development charges shall be imposed in respect of any
increased or additional development permitted by such action.
PART IV - CALCULATION OF DEVELOPMENT CHARGES
Amount of Development Charges
11.
Development charges for a development shall be calculated as follows, subject to any
reductions calculated in accordance with sections 17 and 18:
(1)
(a) in the case of residential development, including a dwelling unit accessory
to a non-residential development, or the residential portion of a mixed use
development, based on the number and type of dwelling units;
(b)
notwithstanding 11(1)(a), in the case of a residential development
consisting of a special care facility, based on the number of beds or
bedrooms, as the case may be; and
(c)
in the case of non-residential development, or the non-residential portion
of a mixed-use development, based upon the total floor area of such
development less the total floor area of accessory parking.
(2)
Notwithstanding subsections 11(1)(a) and (b) above, in the case of residential
and non-residential development, the SWM DC shall be calculated on the basis
of the net developable area.
(3)
With respect to additional development on lots which have been partially
developed and for which the SWM DC has not previously been paid for the entire
lot, the calculation of the SWM DC is to be based on the lot area attributable to
the new development, which is to be calculated on the basis of the proposed
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lot coverage as a percentage of the new total lot coverage of all buildings on the
lot.
12.
The development charges described in Schedule "A" to this By-law are imposed on land
developed for residential uses including dwelling units accessory to a non-residential
use and, in the case of a mixed-use building or structure, on the residential component
of the mixed-use building or structure, according to the type of residential use.
13.
The development charges described in Schedule "B" to this By-law are imposed on
land developed for industrial uses and, in the case of a mixed use building or
structure, on the industrial component of the mixed use building or structure, and are
calculated with respect to each of the services according to total floor area of the industrial
use.
14.
The development charges described in Schedule "C" to this By-law are imposed on land
developed for non-industrial uses and, in the case of a mixed use building or
structure, on the non-industrial component of the mixed-use building or structure, and
are calculated with respect to each of the services according to total floor area of the
non-industrial use.
15.
The development charges described in Schedule "D" to this By-law are imposed on land
developed for residential and non-residential uses and are calculated on the basis of the
net developable area of the lands to which this By-law applies.
16.
Where Subsection 26.2(1)(a) or (1)(b) of the Act apply to a development for the purposes
of determining the amount of the development charge, interest shall be charged on the
development charge in accordance with Corporate Policy 04-01-08, as may be amended
from time to time with Council approval.
Reduction for Demolition
17.
(1)
Demolishing dwelling units in all or part of a residential building will reduce the
development charges otherwise payable for the redevelopment where
satisfactory evidence of the number and types of units demolished has been
provided to the Commissioner of Planning and Building or his/her designate and
where the building permit for the redevelopment is ready to be issued:
(a)
within 5 years from the date the demolition permit was issued with a copy
of the original demolition permit; and
(b)
on the same parcel of land on which the demolished dwelling unit(s)
were originally located; and
(c)
in cases where a demolition credit crosses over a parcel of land that was
subsequently subject to land division, the owner of the original parcel
provided written direction as to which parcel the credit applies.
(2)
Demolishing total floor area of all or part of a non-residential building or structure
will reduce the development charges otherwise payable for the redevelopment
where satisfactory evidence of the total floor area demolished has been provided
to the Commissioner of Planning and Building or his/her designate and where
the building permit for the redevelopment is ready to be issued:
(a)
within 10 years from the date the demolition permit was issued with a
copy of the original demolition permit; and
(b)
on the same parcel of land on which the demolished building or structure,
or part thereof, was originally located; and
(c)
in cases where a demolition credit crosses over a parcel of land that was
subsequently subject to land division, the owner of the original parcel
provided written direction as to which parcel the credit applies.
(3)
Where demolition and redevelopment will occur concurrently on the same
parcel of land and/or in phases, the Commissioner may, in their discretion,
permit an owner to enter into a deferral agreement with the City on terms
satisfactory to the Commissioner deferring payment of development charges
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for the redevelopment until such time as the reductions for demolition can be
applied to the redevelopment.
Reduction for Change of Use
18.
(1)
Changing all or part of a non-residential building or structure to a residential use
will reduce development charges otherwise payable for the redevelopment by an
amount that is equal to the applicable non-residential development charge for the
Development-Related Studies, By-law Enforcement, Fire, Transit, and Roads and
Related Infrastructure (including Public Works) services multiplied by the total floor
area that has been demolished or converted.
(2)
Changing all or part of a residential building to a non-residential use will reduce
development charges otherwise payable for the redevelopment by an amount
that is equal to the applicable residential development charge for the
Development-Related Studies, By-law Enforcement, Fire, Transit, and Roads and
Related Infrastructure (including Public Works) services, for the number and type of
units being converted to non-residential use.
General
19.
Development charge reductions apply to the parcel of land on which the demolition or
change of use occurred in accordance with Section 17 or 18, as the case may be, including
parcels of land resulting from their subsequent division or consolidation, and no refund shall
be payable.
20.
Notwithstanding section 17 and 18, if lands, building(s) and/or structure(s) of the subject
development were previously exempt from or not required to pay development charges,
no reduction against development charges will be allowed.
21.
Notwithstanding any other provision of this By-law, if SWM DCs were paid in respect of
the entire lands to be redeveloped prior to this By-law coming into effect, then no further
SWM DCs shall be payable in respect of said lands.
22.
All development charges shall be payable, and credited, at the rate in effect on the date
of payment, or the applicable rate where subsection 26.2(1)(a) or (1)(b) of the Act or terms
of a deferral agreement applies.
PART V - TIMING AND PAYMENT OF DEVELOPMENT CHARGES
Timing of Payment - General
23.
(1)
For each building permit application, development charges shall be calculated and
paid in full on the date that the first building permit is issued for a building or
structure on land to which a development charge applies.
(2)
Notwithstanding subsection (1), where Section 26.1 of the Act applies in respect of
any part of a development, the development charges for that part shall be payable in
installments in accordance with the requirements of subsection 26.1(3) of the Act,
including applicable interest, or in accordance with the terms of an agreement
entered into with the City pursuant to section 27 of the Act and Corporate Policy 04-
01-08, as may be amended.
(3)
Where development charges apply to land in relation to which a building permit is
required, no building permit shall be issued, and the City shall be under no
obligation to issue a building permit, until the development charge(s) has been paid,
or arrangements for their payment made, in accordance with the requirements of
subsection (1) or (2), as the case may be.
(4)
Notwithstanding subsection 23(1), SWM DCs shall be payable, with respect to an
approval of a plan of subdivision under section 51 of the Planning Act, prior to the
City authorizing execution of a development agreement with the owner.
(5)
If a use of land, buildings or structures that constitutes development does not
require the issuance of a building permit but requires one or more of the actions
listed in subsection 10(1)(a) to (f) inclusive, a development charge shall be payable
and shall be calculated and collected on the earliest of any of the actions listed in
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section 10(1)(a) to (f) inclusive being required, or on a date set by agreement
between the City and the owner.
(6)
Where two or more of the actions described in section 10 occur at different times, or
a second or subsequent building permit is issued resulting in increased, additional or
different development, then additional development charges shall be imposed in
respect of such increased, additional, or different development permitted by that
action.
(7)
Where a payment or grant in lieu of taxes is provided for or is required in respect of
development charges by an Act of Ontario or Canada, the payment or grant in lieu
of taxes in respect of the development charge shall be calculated as the amount
that would have been otherwise payable directly to the City in furtherance of the
provisions of this By-law. Payments or grants in lieu of taxes in respect of
development charges shall be payable and collected on the earlier of the
occurrence of any of the actions listed in sections 10(1)(a) to (g) inclusive, or the
commencement of development.
Deferral Agreements
24.
Without limiting the authority of the City to enter into any other agreement, the
Commissioner of Corporate Services and the City Clerk, or their designate, is hereby
authorized to enter into agreements on behalf of the City providing for the payment of all or
any part of a development charge before or after it would otherwise be payable, pursuant
to section 27 of the Act, provided that the agreement to defer the payment of the
development charges includes, but is not limited to the following terms and conditions:
(1)
security is provided and maintained in an amount and in a form satisfactory to the
Commissioner of Corporate Services, to be realized or drawn upon in the event that
the owner does not pay the deferred charges;
(2)
the development charges payable shall be indexed in accordance with semi-annual
indexing under section 30 of this By-law;
(3)
the period of the deferral does not exceed thirty-six (36) months; and
(4)
a non-refundable administration fee established in the applicable fees and charges
by-law to cover costs associated with preparing and administering the agreement.
Agricultural Uses
25.
(1)
In the case of development on lands used for an agricultural use, development
charges may be deferred at the request of the owner until such time as a change
in use of the lands from agricultural to another use has been approved.
(2)
Notwithstanding the requirements of section 24, where the development charges
payable with respect to an agricultural use are deferred in accordance with
subsection 25(1), the owner shall enter into a deferral agreement satisfactory to
the Commissioner of Corporate Services providing, at a minimum, that development
charges shall be payable upon the approval of a change of use and shall be paid
in accordance with the rates in existence at the time change of use is approved.
For clarity, the requirements of section 24 (1)-(4) do not apply.
Undetermined Uses
26.
(1)
If at the time a building permit is ready to be issued the use of a non-residential
building or structure has not been determined as between industrial or non-
industrial, the Commissioner of Corporate Services may, in their discretion, and at
the request of the owner, permit the owner to pay the industrial development
charges where the owner agrees to:
(a)
enter into a deferral agreement with the City to defer an amount of
development charges equivalent to the difference between the industrial
and non-industrial charge applicable to the development, on terms
satisfactory to the Commissioner of Corporate Services, including but not
limited to those described in section 24;
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(b)
submit, maintain, and, if required, supplement a non-revocable letter of
credit or other form of security in an amount and upon terms satisfactory to
the Commissioner of Corporate Services to be realized upon by the City in
the event that the building or structure is later determined by the City to be a
non-industrial use and the rate in Schedule "C" of this By-law is deemed to
be payable.
(2)
The amount of security provided to the City specified in the deferral agreement
may be indexed for the term of the agreement and/or may require annual
increases upon demand by the City, and/or may be otherwise calculated in
accordance with its terms, all to ensure that the security is adequate to satisfy the
owner's potential future liability for development charges.
(3)
A building or structure is subject to the industrial development charge rate when
it is determined by the Commissioner of Corporate Services, or their designate,
that at least 51 per cent of the total floor area of the building or structure is
used for industrial purposes, as defined in section 1 of this By-law.
(a)
Where the Commissioner determines that the building or structure is an
industrial use, the security provided to the City shall be refunded or
returned to the owner, without interest.
(b)
Where the Commissioner determines that the building or structure is a
non-industrial use, the City shall apply the security posted as if the
building were deemed to be a non-industrial building or structure in
accordance with the provisions of this By-law.
Payment by Services
27.
(1)
Notwithstanding the requirements of Part IV and section 24, Council may, by
agreement with an owner of land, give a credit towards development charges
payable in exchange for work done or to be done for services to which a
development charge relates under this By-law, provided that:
(c)
the credit will be applied at the time that the development charge for the
service category is payable;
(d)
if the City and the owner cannot agree as to the reasonable cost of doing
the work under this section, the dispute shall be referred to Council whose
decision shall be final and binding; and
(e)
the amount of the credit shall not exceed the aggregate amount of
development charges otherwise payable in respect of the land, buildings
or structures.
(2)
Nothing in this By-law prevents Council from requiring, as a condition of any
approval given under the Planning Act that the owner, at the owner's expense,
installs such local services as Council may require.
PART VI - REFUNDS
28.
Refunds of development charges that have been paid will be made, without interest,
where:
(1)
a building permit that was issued for which development charges were paid is
subsequently cancelled by the City;
(2)
development charges have been paid on the issuance of a building permit and a
reduction in accordance with sections 17 and 18 is subsequently identified, and
the owner makes a written request to the Commissioner of Corporate Services
that the amount of the reduction be refunded;
(3)
development charges have been paid on or prior to the issuance of a building
permit and the building permit is subsequently revised by the City's Chief Building
Official or his/her designate, resulting in an overpayment of development charges
to the City; or
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(4)
a clerical or factual error, including the transposition of figures, a typographical or
similar error, has occurred with respect to the calculation of a development
charge which resulted in an overpayment to the City.
PART VII - ADMINISTRATION
29.
(1)
This By-law shall be administered by the Commissioner of Corporate Services,
and the Commissioner of Planning and Building, and/or their designates, such
designation to be in writing.
(2)
Any agreement which the City may enter into pursuant to either the provisions of
this By-law or the Act shall be to the satisfaction of the Commissioner, including
any agreement pursuant to either section 27 of the Act and/or sections 24 to 27
of this By-law, and shall be executed on behalf of the City by the Commissioner
of Corporate Services, and the Clerk of the City, without the need for further by-
law or resolution of the Council.
30.
The Treasurer or his/her designate is authorized to transfer amounts calculated under
section 7 from the City's operating budget to the Development Charge Reserve Fund.
PART VIII - GENERAL
31.
The following schedules shall form part of this By-law:
Schedule "A" - Amount of Charges - Residential
Schedule "B" - Amount of Charges - Industrial
Schedule "C" - Amount of Charges - Non-Industrial
Schedule "D" - Amount of Charges - Storm Water Management
32.
(1)
Development charges shall be adjusted semi-annually, without amendment to
this By-law, on the first day of February and on the first day of August in each
year in accordance with the latest available issue of the index prescribed in the
regulations, with the base index value being that in effect on June 23, 2022 and
first indexing of rates to begin on February 1, 2023.
(2)
The adjustment referred to in subsection 32(1) shall be based upon the change in
the index for the six (6) month period preceding the most recent issue of the
index.
33.
Where the City and an owner or former owner of land have entered into an agreement
with respect to land within the area to which this By-law applies, and a conflict exists
between the provisions of this By-law and such agreement, the provisions of the
agreement shall prevail to the extent that there is a conflict.
34.
If, for any reason, any provision of this By-law is held to be invalid, it is hereby declared
to be Council's intention that the remainder of the By-law shall continue in full force and
effect until repealed, re-enacted, amended or modified.
35.
A certified copy of this By-law may be registered against title to any land to which this
By-law applies.
PART XIII - TRANSITION AND ENACTMENT
36.
This By-law shall come into force on the date it is passed and shall continue in full force
and effect for a term of five years unless it is repealed by Council at an earlier date.
37.
This By-law applies to all building permits issued on or after June 23, 2022.
38.
Notwithstanding section 37, building permit applications accepted prior to June 22, 2022
and issued on or before June 29, 2022 shall be subject to the rates, as indexed, in By-law
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0096-2019.
39.
Notwithstanding section 37, where there is an agreement executed before June 23, 2022 in
accordance with section 22 of By-law 0096-2019 providing for the payment of
development charges, the payment of development charges shall be governed by the
provisions of said agreement.
40.
This By-law may be cited as the Mississauga Development Charges By-law, 2022.
41.
By-law 0096-2019 is repealed.
ENACTED AND PASSED this 22nd day of June, 2022.
Signed by Councillor Ron Starr, Acting Mayor and Diana Rusnov, City Clerk.
Service
By-Law Enforcement
$148
$115
$101
$55
$37
0.3%
Development-Related Studies
$290
$225
$197
$108
$72
0.7%
Library Services
$1,606
$1,250
$1,095
$596
$399
3.7%
Fire Services
$1,504
$1,170
$1,025
$559
$374
3.5%
Recreation & Parks Development
$17,770
$13,825
$12,112
$6,598
$4,415
41.3%
Transit Services
$4,944
$3,846
$3,370
$1,836
$1,228
11.5%
Public Works Services
$866
$674
$590
$322
$215
2.0%
LAC Debt
$87
$68
$59
$32
$22
0.2%
Sub-total General Services
$27,215
$21,173
$18,549
$10,106
$6,762
63.3%
Roads And Related Infrastructure
$15,778
$12,275
$10,754
$5,859
$3,920
36.7%
TOTAL CHARGE PER UNIT
$42,993
$33,448
$29,303
$15,965
$10,682
100.0%
(1) Based on Persons Per Unit Of:
4.02
3.13
2.74
1.49
1.00
Residential Charge By Unit Type (1)
Singles &
Semis
Rows & Other
Multiples
Apartments
Units
Small Units
Special Care
Unit
Percentage
of Total
Charge
SCHEDULE "A"
AMOUNT OF CHARGES - RESIDENTIAL
(Amended by OLT Decision OLT-22-004364 - March 7, 2025)
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Service
By-Law Enforcement
$0.77
$0.07
0.7%
Development-Related Studies
$1.52
$0.14
1.4%
Library Services
$0.00
$0.00
0.0%
Fire Services
$7.87
$0.73
7.3%
Recreation & Parks Development
$0.00
$0.00
0.0%
Transit Services
$25.88
$2.40
24.1%
Public Works Services
$4.51
$0.42
4.2%
LAC Debt
$0.00
$0.00
0.0%
Sub-total General Services
$40.55
$3.76
37.8%
Roads And Related Infrastructure
$66.76
$6.20
62.2%
TOTAL CHARGE
$107.31
$9.96
100.0%
Industrial Charge
Percentage of
Charge
Charge per
Square Metre
Total Floor Area
Charge per
Square Foot
Total Floor Area
SCHEDULE "B"
AMOUNT OF CHARGES - INDUSTRIAL
(Amended by OLT Decision OLT-22-004364 - March 7, 2025)
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Service
By-Law Enforcement
$0.77
$0.07
0.6%
Development-Related Studies
$1.52
$0.14
1.2%
Library Services
$0.00
$0.00
0.0%
Fire Services
$7.87
$0.73
6.2%
Recreation & Parks Development
$0.00
$0.00
0.0%
Transit Services
$25.88
$2.40
20.3%
Public Works Services
$4.51
$0.42
3.5%
LAC Debt
$0.00
$0.00
0.0%
Sub-total General Services
$40.55
$3.76
31.8%
Roads And Related Infrastructure
$87.15
$8.10
68.2%
TOTAL CHARGE
$127.70
$11.86
100.0%
SCHEDULE "C"
AMOUNT OF CHARGES - NON-INDUSTRIAL
(Amended by OLT Decision OLT-22-004364 - March 7, 2025)
Non-Industrial Charge
Percentage of
Charge
Charge per
Square Metre
Total Floor Area
Charge per
Square Foot
Total Floor Area
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SCHEDULE "D"
AMOUNT OF CHARGES - STORM WATER MANAGEMENT
Development Type
Charge Per Net
Developable
Hectare
Charge Per
Net Developable
Acre
Residential
$4,800
$1,942
Non-Residential
$4,800
$1,942