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THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2022-069
A by-law to establish community benefits charges generally for
The Corporation of the Town of Oakville
WHEREAS subsection 37(2) of the Planning Act, R.S.O. 1990, CHAPTER P.13
(hereinafter "the Act") provides that the council of a municipality may by by-law
impose community benefits charges against land to pay for capital costs of facilities,
services and matters required because of development or redevelopment;
AND WHEREAS the Town of Oakville has prepared a Community Benefits Charge
Strategy in accordance with subsection 37(9) of the Act and O.Reg. 509/20 which
identifies the facilities, services and matters that will be funded with community
benefits charges;
AND WHEREAS the Town of Oakville has consulted with such persons and public
bodies as the Town of Oakville considers appropriate;
AND WHEREAS the Council of the Town of Oakville is desirous of imposing
community benefits charges against land to fund the facilities, services and matters
identified in the Community Benefits Charge Strategy required because of
development or redevelopment;
COUNCIL ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law,
(1)
Act means the Planning Act, R.S.O. 1990, CHAPTER P.13, as
amended or successor legislation;
(2)
basement refers to the portion of the building between the first storey
and any floor below the level of the first floor;
(3)
Building refers to any structure or building as defined in the Ontario
Building Code (O Reg 332/12 under the Building Code Act);
(4)
Building Code Act means the Building Code Act, 1992, S.O. 1992, c.
23, as amended, or successor legislation;
By-Law Number: 2022-069
Page 2
(5)
building permit means a permit under the Building Code Act for
construction at or above the first storey of a building;
(6)
capital cost means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of,
and as authorized by the municipality or local board,
(a) to acquire land or an interest in land, including a leasehold
interest;
(b) to improve land;
(c) to acquire, lease, construct or improve buildings and structures;
(d) to acquire, lease, construct or improve facilities including
(i) rolling stock,
(ii) furniture and equipment,
(e) to undertake studies in connection with any of the matters
referred to in subsections 1(6)(a) to (d);
(f) to complete the community benefits charge strategy under
section 37(9) of the Act; and,
(g) includes interest on money borrowed to pay for costs in
subsections 1(6) (a) to (f); required for provision of services
designated in this by-law within or outside the municipality;
(7)
community benefits charge means a charge imposed pursuant to this
by-law;
(8)
Community Benefits Charge Strategy means the Community Benefits
Charge Strategy prepared pursuant to subsection 37(9) of the
Planning Act;
(9)
Condominium Act refers to the Condominium Act, 1998, S.O. 1998,
c.19;
(10)
Council means the council of the municipality;
(11)
development means the construction, erection or placing of one or
more buildings or structures on land or the making of an addition or
alteration to a building or structure that has the effect of increasing the
size or usability thereof, and includes redevelopment;
(12)
first storey means the storey of a building, structure or part thereof,
that has its floor closest to grade and having its ceiling more than 1.8
metres above grade;
By-Law Number: 2022-069
Page 3
(13)
grade means the average level of finished ground adjoining a building
or structure at all exterior walls;
(14)
gross floor area refers to the sum of the total area of each floor level of
a building, above and below the ground, measured from the exterior of
the main wall of each floor level;
(15)
in-kind contribution means facilities, services or matters identified in a
Community Benefits Charge Strategy and required because of
development or redevelopment to be provided by an owner of land, in
lieu of payment of the community benefits charge otherwise
applicable, in whole or in part;
(16)
Municipality means The Corporation of the Town of Oakville;
(17)
official plan means the Official Plan of the Town of Oakville and any
amendments thereto;
(18)
owner means the owner of land or a person who has made application
for an approval for the development or redevelopment of land upon
which a community benefits charge is imposed;
(19)
redevelopment means the construction, erection or placing of one or
more buildings or structures on land where all or part of a building or
structure has previously been demolished on such land, 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, or
changing a building or structure from one form of residential use to
another form of residential use or from one form of non-residential use
to another form of non-residential use;
(20)
regulation means O. Reg. 509/20 as amended or successor
regulation;
(21)
residential use means lands, buildings or structures, or portions
thereof, used, or designed or intended for use as a home or residence
of one or more individuals, and the residential portion of a mixed-use
building or structure;
(22)
residential unit means a unit that consists of a self-contained set of
rooms located in a building used or intended for residential use and
contains full culinary and sanitary facilities for the use of that unit;
By-Law Number: 2022-069
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(23)
storey means that portion of a building that is:
(a) situated between the top of any floor and the top of the floor
next above it; or,
(b) if there is no floor above it, that portion between the top of such
floor and the ceiling above it
(24)
Treasurer means the Treasurer of the municipality or designate;
(25)
valuation date, with respect to land that is the subject of development
or redevelopment, refers to:
(a) The day before the day the building permit is issued in respect
of the development, or
(b) If more than one building permit is required for the
development, the day before the day the first building permit is
issued;
(26)
value of land for the purposes of determining the community benefit
charge payable, refers to appraisals of land value, which shall be
carried out under the direction of the Manager, Realty Services, and
shall be determined with reference to accepted appraisal standards
and principles as outlined in the Canadian Uniform Standards of
Professional Appraisal Practice.
APPLICATION
2. A community benefit charge shall be payable for the capital costs of facilities,
services and matters required for development and redevelopment of all
lands in the geographic area of the Town of Oakville, with the exception of
land that is owned by and used for the purposes of:
(a) a board of education;
(b) a provincial or federal crown agency;
(c) a publicly-funded university, community college or a college of
applied arts and technology established under the Ontario Colleges
of Applied Art and Technology Act, 2002, S.O 2002, c.8, Schedule
F, as amended, or
(d) the municipality or Regional Municipality of Halton, or local board
thereof.
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APPROVAL FOR DEVELOPMENT AND REDEVELOPMENT
3.
(1) Subject to subsection 2, community benefits charges shall be calculated
and collected in accordance with the provisions of this by-law and be
imposed on land to be developed or redeveloped, where the development
or redevelopment requires:
(a) the passing of a zoning by-law or 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, R.S.O.1992, c.19, as amended or successor legislation; or
(g) the issuing of a permit under the Building Code Act, in relation to a
building or structure.
(2) The community benefits charge shall be payable on:
(a) development of a proposed building or structure with five or more
storeys at or above ground and contain ten or more residential
units;
(b) redevelopment of existing buildings or structures that will be five or
more storeys at or above ground after the redevelopment and add
ten or more residential units to an existing building or structure;
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EXEMPTIONS
4.
(1) Notwithstanding section 3(2), the following types of development and
redevelopment are excluded:
(a) a building or structure intended for use as a long-term care home
within the meaning of subsection 2(1) of the Fixing Long-Term
Care Act, 2021;
(b) a building or structure intended for use as a retirement home within
the meaning of subsection 2 (1) of the Retirement Homes Act,
2010;
(c) a building or structure intended for use by any of the following post-
secondary institutions for the objects of the institution:
(i) a university in Ontario that receives direct, regular and
ongoing operating funding from the Government of Ontario,
(ii) a college or university federated or affiliated with a university
described in subparagraph (i)
(iii) an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017.
(d) a building or structure intended for use as a memorial home,
clubhouse or athletic grounds by an Ontario branch of the Royal
Canadian Legion;
(e) a building or structure intended for use as a hospice to provide end
of life care;
(f) a building or structure intended for use as residential premises by,
(i) a corporation to which the Not-for-profit Corporations Act,
2010 applies, that is in good standing under that Act and
whose primary object is to provide housing;
(ii) a corporation without share capital to which the Canada Not-
for-profit Corporations Act applies, that is in good standing
under that Act and whose primary object is to provide
housing; or
(iii) a non-profit housing co-operative that is in good standing
under the Co-operative Corporations Act;
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TIME OF CALCULATION AND PAYMENT
5.
(1) The amount of the community benefits charge payable is 4% of the value
of land that is subject of the development or redevelopment on the
valuation date in respect to the development or redevelopment.
(2) Community benefits charges shall be calculated and payable in full on the
day before the day the building permit is issued in relation to a building or
structure on land to which a community benefit charge applies, or in
accordance with terms of an arrangement for the provision of in-kind
contributions as described in subsection 5(3).
(3) In accordance with subsection 37(6) of the Act, the municipality may in its
sole discretion permit an owner of land to provide an in-kind contribution
in-lieu of payment of the community benefits charge otherwise payable, in
whole or in part. The community benefit charge otherwise payable for the
development or redevelopment will be reduced by the value that the
municipality has attributed to the in-kind contribution.
(4) Where community benefits charges apply to land in relation to which a
building permit is required, the building permit shall not be issued until the
community benefits charge has been paid in full.
(5) Where an owner of land is of the view that the amount of the community
benefits charge exceeds 4% of the value of land at the valuation date, the
owner shall pay the charge under protest and a dispute resolution process
will take place in accordance with the Act.
(6) Where development or redevelopment requires an action described in
subsection 3(1) after the issuance of a building permit and no community
benefits charges have been paid, then the community benefits charges
shall be paid prior to the granting of approval for any action required under
subsection 3(1) of this by-law.
(7) If a development or redevelopment does not require a building permit but
does require one or more of the actions described in subsection 3(1) then,
notwithstanding subsection 5(2) above, community benefits charges shall
nonetheless be payable prior to the approval of the action described in
subsection 3(1).
(8) If a development or redevelopment is to be constructed in phases, each
phase of the development is deemed to be a separate development or
By-Law Number: 2022-069
Page 8
redevelopment for the purposes of this by-law and the amount of the
community benefits charge for each phase will be 4% of the value of the
land of that phase on the day before the first building permit for
development or redevelopment of that phase is issued.
(9) If a development or redevelopment proposes multiple uses within a
building or structure and the owner has provided satisfactory evidence
that it includes one or more of the excluded types of development
described in section 4, the community benefits charge otherwise payable
will be reduced by an amount attributed to the gross floor area of the
excluded type.
BY-LAW REGISTRATION
6. A certified copy of this by-law may be registered on title to any land to which
this by-law applies.
SEVERABILITY
7. If, for any reason, any provision, section, subsection or paragraph of this by-
law is held to be invalid, it is hereby declared to be the intention of Council
that all the remainder of this by-law shall continue in full force and effect until
repealed, re-enacted or amended, in whole or in part or dealt with in any
other way.
BY-LAW ADMINISTRATION
8. Council hereby delegates the administration of this by-law to the Manager of
Realty Services; the Director, Planning Services and the Treasurer.
DATE BY-LAW EFFECTIVE
9. This by-law shall come into force and effect at 12:01 am on September 7,
2022.
10. This by-law shall apply to building permits issued on or after September 7,
2022 in respect of development or redevelopment.
By-Law Number: 2022-069
Page 9
11. Council shall review this by-law and pass a resolution as to whether a
revision to the by-law is needed within five years of the date it is first passed,
and every five years after the previous resolution was passed.
SHORT TITLE
12. This by-law may be cited as the "Town of Oakville Community Benefits
Charge By-law, 2022".
PASSED this 6h day of September, 2022
______________________________
____________________________
MAYOR
CLERK