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THE CORPORATION OF
THE TOWN OF WASAGA BEACH
BY-LAW # 2026-36
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES
FOR THE CORPORATION OF THE TOWN OF WASAGA BEACH - BEACH AREA
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter
called "the Act") provides that the Council of a Town may pass By-Laws for the
imposition of Development Charges against land for increased capital costs required
because of the need for services arising from development in the area to which the By-
Law applies;
AND WHEREAS the Council of The Corporation of the Town of Wasaga Beach ("Town
of Wasaga Beach") has given Notice in accordance with Section 12 of the
Development Charges Act, 1997, of its intention to pass a By-Law under Section 2 of
the said Act;
AND WHEREAS the Council of the Town of Wasaga Beach has heard all persons who
applied to be heard no matter whether in objection to, or in support of, the Development
Charge proposal at a Public Meeting held on March 26th, 2026;
AND WHEREAS by passing this by-law the Council of the Town of Wasaga Beach has
determined that no additional public meeting is required;
AND WHEREAS copies of the Study were made available on February 27th, 2026 and
copies of the proposed Development Charges by-law were made available on March
12, 2026 to the public in accordance with Section 12 of the Act;
AND WHEREAS the Council of the Town of Wasaga Beach, had before it a report
entitled Development Charges Background Study dated March 26th, 2026 prepared by
Hemson Consulting Ltd., wherein it is indicated that the development of any land within
the Town of Wasaga Beach will increase the need for services as defined herein;
AND WHEREAS by passing this by-law Council intends to ensure that the increase in
the need for services attributable to the anticipated development will be met;
AND WHEREAS Council by passing this by-law intends that the future excess capacity
identified in the Development Charges Background Study, dated February 27th, 2026,
shall be paid for by development charges or other similar charges;
AND WHEREAS Council of the Town of Wasaga Beach on March 26th, 2026
determined that the increase in the need for services attributable to the anticipated
development as contemplated in the Study, including any capital costs, will be met by
updating the capital budget and forecast for the Town of Wasaga Beach, where
appropriate;
AND WHEREAS the Council of the Town of Wasaga Beach has given consideration
of the use of more than one Development Charge By-law to reflect different needs for
services in different areas, also known as "area rating" or "area specific development
charges", and has determined that for the services, and associated infrastructure
proposed to be funded by development charges under this by-law, that it is fair and
reasonable that the charges be calculated on an area-specific basis;
AND WHEREAS the Study dated February 27th, 2026 includes an Asset Management
Plan that deals with all assets whose capital costs are intended to be funded under the
Development Charge By-law and that such assets are considered to be financially
sustainable over their full life-cycle.
AND WHEREAS the Council of the Town of Wasaga Beach adopted the applicable
Development Charges Background Study, dated February 27th, 2026;
NOW THEREFORE this Council of the Corporation of the Town of Wasaga Beach
HEREBY ENACTS as follows:
DEFINITIONS
1.
In this by-law,
(1)
"Act" means the Development Charges Act, S.O. 1997, c. 27;
(2)
"Agricultural use" means a bona fide farming operation;
(3)
"Apartment dwelling" means any dwelling unit, within a building containing more
than four dwelling units where the units are connected by a corridor;
(4)
"Bedroom" means a habitable room larger than seven square metres, including
a den, study, or other similar area, but does not include a living room, dining room
or kitchen;
(5)
"Board of Education" means a board defined in s. 1 (1) of the Education Act,
R.S.O. 1990, c.E. 2;
(6)
"Building or Structure" means a building or structure occupying an area greater
than 10 square metres consisting of a wall, roof, and floor or any of them or a
structural system serving the function thereof, and includes an air-supported
structure, mezzanine, and an exterior storage tank, but does not include: a farm
building, a canopy/roof like structure over a gas bar; or an exterior storage tank
where such exterior storage tank constitutes an accessory use;
(7)
"Building Code Act" means the Building Code Act, R.S.O. 1990, c.B.13, as
amended;
(8)
"Canopy" means a canopy as defined in the Building Code Act, and includes a
free-standing roof-like structure constructed on lands used for a gas bar or service
station;
(9)
"Capital Costs" means costs incurred or proposed to be incurred by the Town or
a local board thereof directly or by others on behalf of, and as authorized by, the
Town 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 with an estimated useful life of seven years or more;
(ii) furniture and equipment, other than computer equipment, and
(iii) 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; and
(e) to undertake studies in connection with any of the matters referred to in clauses
(a) to (d);
(f) to complete the development charge background study under Section 10 of the
Act;
(g) interest on money borrowed to pay for costs in (a) to (d); required for
provision of services designated in this By-Law within or outside the Town;
(10) "Chalet/ Cabin Unit" shall mean an individually owned single detached or semi-
detached dwelling not exceeding 139.5 m2 (1,500 ft2) in total Gross Floor Area
located on a leased tract of land, comprising part of a larger tract of land operated
as a tourist establishment with rental cabins under single ownership or
management, which lease arrangements including the provision of certain
common services (i.e. snow plowing, yard maintenance, garbage collection,
recreational
amenities,
marketing,
central
reservations
and
check-in,
housekeeping, etc.) to the lessee rental unit owners within the development area:
and where the unit is offered through the tourist establishment for the
accommodation of the traveling or vacationing public for short term or seasonal
recreational accommodation only; where the dwelling owner is permitted to
occupy the unit for personal recreational or vacation use at such time or times as
the unit is not rented out by the Tourist Establishment, provided however that at
no time shall the dwelling unit be used for permanent or year round occupancy.
This unit type is considered as a Leisure Lifestyle Dwelling for the purposes of
this by-law;
(11) "Commercial" means a Non-Residential use.
(12) "Commercial Resort Unit" means one room or a group of rooms in a building
used or designed or intended to be used by one or more persons, as a single
commercial accommodation unit within a commercial resort unit complex (i) in
which food preparation and sanitary facilities are provided for the exclusive use
of such person or persons; (ii) which is part of a rental or lease management
program which consists of a minimum of ten such units in one building or group
of buildings; (iii) which has a private entrance from a common hallway or entrance
either inside or outside the building; (iv) which is not used or designated as a
principal residence; and (v) which has been established to provide
accommodation for gain or profit; but does not mean or include a hotel unit, a
motel unit, an inn unit, a lodge unit, a dormitory unit, or a hostel unit; and shall be
considered residential use for the purposes of this by-law;
(13) "Council" means the Council of The Corporation of the Town of Wasaga Beach;
(14) "Development" means any activity or proposed activity in respect of land that
requires one or more of the actions referred to in section 8 of this By-Law and
including the redevelopment of land or the redevelopment, expansion, extension
or alteration of a use, building or structure except interior alterations to an existing
building or structure which do not change or intensify the use of land;
(15) "Development Charge" means a charge imposed pursuant to this By-Law;
(16) "Dwelling Unit" means a room or suite of rooms used, or designed or intended
for use by, one person or persons living together, in which culinary and sanitary
facilities are provided for the exclusive use of such person or persons, or a
commercial resort unit, or time share units;
(17) "Farm building" means that part of a bona fide farm operation encompassing
barns, silos and other ancillary development to an agricultural use, but excluding
a residential use;
(18) "Fractional Ownership" means, for the purpose of this by-law, a type of unit or
building whose ownership is divided into shares. Individuals purchase one or
more shares in the building or unit providing them with a fractional ownership in
the structure and any related land. Share holders are responsible for ongoing
maintenance costs and other costs related to the structure. For the purposes of
this by-law these types of building, units and land are defined as residential uses;
(19) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
(20) "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;
(21) "Hotel / Motel" - means a tourist establishment containing therein three or more
guest rooms served by a common entrance where guest rooms may include
culinary facilities and may have a separate entrance directly from outside the
building together with an office serving the patrons of the tourist establishment.
Accessory uses may include accommodation for permanent staff and one or more
beverage rooms, dining rooms, meeting rooms or similar uses.
(22) "Industrial" means a building or a portion thereof that is used or designed or
intended to be used for:
(2)
manufacturing,
producing,
processing,
warehousing,
storage
or
distributing, and including a greenhouse that is not open to the public for retail
sales;
(3)
agricultural uses;
(4)
research or development in connection with manufacturing, producing or
processing;
(5)
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; or
(6)
office or administrative purposes, if carried out with respect to
manufacturing, producing, processing, warehousing, storage or distribution and
in the building used for the manufacturing, producing, storage or distribution or
attached to the building,
(7)
but "industrial" shall not include any use that is considered to be a
"commercial", "residential", or "institutional" use as defined in this by-law;
(23) "Institutional" means a building or a portion thereof that is used or designed or
intended to be used by an organized body, society, or religious group for
promoting a public or non-profit purpose and shall include, without limiting the
generality of the foregoing, a private career college, private post-secondary
school, a place of worship, and a hospital, but "institutional" shall not include any
use that is considered to be a "commercial", "industrial", or "residential" use as
defined in this by-law;
(24) "Leisure Lifestyle Dwelling" means an individually owned single detached, semi-
detached or townhouse dwelling not exceeding 139.4 m2 (1,500 ft2) in total Gross
Floor Area located on a leased tract of land, comprising part of a larger tract of
land under single ownership and management, which lease arrangements
include the provision of certain common services (e.g. snow ploughing, garbage
collection, recreational facilities) to the lessee homeowners within the
development area;
(25) "Local board" means a local board as defined in the Municipal Act, 2001, S.O.
2001, c.25, as amended, or any successor thereto;
(26) "Local services" means those services or facilities which are under the
jurisdiction of the Town and are related to a plan of subdivision or within the area
to which the plan relates, required as a condition of approval under s.51 of the
Planning Act, or as a condition of approval under s.53 of the Planning Act;
(27) "Multiple dwelling" means all dwellings other than single detached dwellings,
semi- detached dwellings, leisure lifestyle dwellings, and apartment dwellings;
(28) "Town" means The Corporation of the Town of Wasaga Beach;
(29) "Non-residential uses" means a building or structure used for other than a
residential use;
(30) "Occupancy" as defined in the Building Code Act, O.Reg. 332/12 Building Code;
(31) "Owner" means the owner of land or a person who has made application for an
approval for the development of land upon which a Development Charge is
imposed;
(32) "Park Model Trailer Campground, Seasonal" means any parcel of land under
single ownership or management which is used or intended to be used for the
placement of park model trailers as defined herein; to provide temporary living,
sleeping or eating accommodation where the campground includes facilities (i.e.
office, Laundromat, recreational amenities, etc.) for the exclusive use of the
campground patrons, but does not include permanent or year round occupancy
by anyone other than the owner or operator of the campground. The trailers may
be jacked up with their running gear removed and perimeter skirting installed
when operational on the campground site;
(33) "Park Model Trailer" means a recreational trailer constructed and certified in
accordance with CAN/CSA Z241.0-03 or successor regulation, that meets the
following criteria: built on a single chassis; mounted on wheels; designed to
facilitate relocation from time to time; designed as living quarters for seasonal
residential use and may be connected to those utilities necessary for the
operation of installed fixtures and appliances; and has a Gross Floor Area,
including lofts not exceeding 50.2 m2 (540 ft2) when in the setup mode and having
a width greater than 2.6 m (8.53 ft.) in the transit mode;
(34) "Park Model Trailer Add-on" means a pre-manufactured structure designed for
use as a sunroom, porch or additional living area, except for screening, clear
glass, insulated wall panels or lower skirting or bottom panels and is intended or
used for additional living area but is not intended or used for the purpose of
cooking;
(35) "Places of Worship" means a place or building or part thereof including
accessory buildings or structures that are primarily used for the regular assembly
of persons for the practice of religious worship, services or rites. It may include
accessory uses such as classrooms for religious instruction, including programs
of community social benefit, assembly areas, kitchens, offices of the
administration of the place of worship, and a small scale day nursery, but shall
not include a cemetery;
(36) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.-13, as amended, or
any successor thereunto;
(37) "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 from a residential
to non-residential use or from a non-residential to residential use or from one
residential use to another form of residential use;
(38) "Regulation" means any regulation made pursuant to the Act;
(39) "Residential uses" 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 shall include a single detached dwelling, a semi-detached
dwelling, a multiple dwelling, an apartment dwelling, a leisure lifestyle dwelling,
and the residential portion of a mixed-use building or structure under all types of
ownership (freehold, condominium, fractional, and all other);
(40) "Seasonal Park Model Trailer" means a park model trailer that is only occupied
for the whole or part of the period from mid-April to mid-November and for which
water services are shut off during the period November to April. The owner of
such units requires an agreement with the Town recognizing them as such;
(41) "Semi-detached dwelling" means a building divided vertically into two dwelling
units each of which has a separate entrance and access to grade;
(42) "Services" means services set out in Schedule "A" to this By-law;
(43) "Single detached dwelling" means a completely detached building containing
only one dwelling unit;
(44) "Temporary Building or Structure" means a building or structure constructed,
erected, or placed on land for a continuous period not exceeding two (2) years,
for a use strictly incidental to construction or permitted temporary events, and
which can be easily removed, and includes, but is not limited to sales pavilion,
site office, office trailers, industrial tents, storage, and temporary or seasonal
structures such as tents, awnings and environmental coverings. The Temporary
Building or Structure is to be demolished or removed from the lands within two
(2) years of building permit issuance (or such extended term permitted by the
Town). In the event that such building or structure remains on the land for a
period exceeding two (2) years, (without the Town's permitted extended term), it
shall be deemed not to be, nor ever to have been, a temporary building or
structure, and Development Charges shall become payable forthwith.
(45) "Tiny Dwelling Unit" means a self-contained dwelling unit with areas for living,
dining, and sleeping, as well as culinary and sanitary facilities, which is built on-
site or pre-fabricated and designed to provide a permanent residence for one or
more persons, and is mounted on a foundation where any wheels have been
removed. A Tiny Dwelling Unit shall not be less than 17.5 m², or larger than 37m2,
per the Ontario Building Code Act, and shall not include a recreational vehicle or
trailer. For the purposes of this by-law, a Tiny Dwelling Unit shall be treated as
an Apartment Dwelling.
CALCULATION OF DEVELOPMENT CHARGES
2. (1)
Subject to the provisions of this By-Law, Development Charges against
land shall be imposed, calculated and collected in accordance with the
base rates set out in Schedules "B" and "C", which relate to the services
set out in Schedule "A" and area in the Town set out in Schedule "D".
(2)
The Development Charge with respect to the uses of any land, building
or structure shall be calculated as follows:
(a) in the case of residential development or redevelopment or the
residential portion of a mixed use development or redevelopment, as
the sum of the product of the number of dwelling units of each type
multiplied by the corresponding total amount for such dwelling unit
type, as set out in Schedule "B";
(b) in the case of non-residential development or redevelopment, or the
non-residential
portion
of
a
mixed
use
development
or
redevelopment, as the sum of the product of the gross floor area
multiplied by the corresponding total amount for such gross floor area
as set out in Schedule "C";
(3)
Council hereby determines that the development or redevelopment of
land, buildings or structures for residential and non-residential uses will
require the provision, enlargement or expansion of the services
referenced in Schedule "A" attached hereto and forming part of this By-
law.
APPLICABLE LANDS
3. (1)
Subject to Sections 4 and 5, this By-Law applies to all lands identified in
Schedule "D", whether or not the land or use is exempt from taxation
under Section 3 of the Assessment Act, R.S.O. 1990, c.A.-31.
(2)
This By-Law shall not apply to land that is owned by and used for the
purposes of:
(a)
a board of education;
(b)
the Town or local board thereof;
(c)
places of worship.
(3)
Temporary Buildings or Structures shall be exempt from the provisions of
this By-law. In the event that a Temporary Building or Structure becomes
protracted, after two (2) years, without an approved extended term
permitted by the Town, it shall be deemed not to be nor ever to have been
a Temporary Building or Structure, and the Development Charges rate
required to be paid under this By-law shall become payable on the date
the Temporary Building or Structure becomes Protracted.
DESIGNATION OF SERVICES
4.
(1)
It is hereby declared by Council that it intends that all development of
land within the area to which this by-law applies will increase the need for
services.
(2)
The development charge applicable to a development as determined
under this by-law shall apply without regard to the services required or
used by an individual development.
(3)
Development charges shall be imposed under this by-law, for the
following categories of services to pay for the increased capital costs
required because of increased needs for services arising from
development:
(a) Wastewater Works
RULES WITH RESPECT TO EXEMPTIONS
5.
Notwithstanding Section 3 above, no Development Charge shall be imposed
with respect to the enlargement of an existing residential unit as outlined in
subsection 2 (3) of the Development Charges Act.
(1)
This by-law shall not apply to affordable and attainable residential units
in accordance with, and subject to, the criteria and conditions contained
in section 4.1 of the Act and the definitions in the Act.
(2)
This by-law shall not apply to non-profit housing development in
accordance with, and subject to, the criteria and conditions contained in
section 4.2 of the Act and the definitions in the Act;
(3)
This by-law shall not apply to affordable residential units to be included
in a development or redevelopment pursuant to inclusionary zoning
requirements in accordance with section 4.3 of the Act;
(4)
This by-law shall not apply to the development of any part of a building
or structure intended for use as a long term care facility, as defined in
subsection 2 (1) of the Fixing Long Term Care Home Act, 2021, in
accordance with section 4.4 of the Act;
RULES WITH RESPECT TO DISCOUNTS FOR RENTAL HOUSING
DEVELOPMENT
6.
In the case of rental housing development, the amount determined under
subsection 2 (1) (a) above for a dwelling unit intended for use as a rented
residential premises shall be reduced by the following:
(a) dwelling unit with three or more bedrooms shall be reduced by 25 per
cent;
(b) dwelling unit with two bedrooms shall be reduced by 20 per cent;
(c)
dwelling unit with 1 bedroom shall be reduced by 15 per cent.
EXISTING INDUSTRIAL USES EXPANSION EXEMPTION
7.
Where the expansion of an existing industrial use or buildings is proposed, the
amount of development charges payable shall be zero if the total expansion of
gross floor area does not exceed 50% of the floor area as it existed as of the
effective date of this by-law, subject to the following conditions:
(1)
Where both the enlargement and existing industrial building are
constructed on lands owned by the same legal and/or beneficial owner;
and
(2)
Shall only apply to the enlargement or enlargements of the existing
industrial buildings to a maximum of the aggregate of fifty percent of the
gross floor area of the existing industrial buildings while this by-law
remains in force.
DEVELOPMENT CHARGES IMPOSED
8. (1)
Development Charges shall be calculated and collected in accordance
with the provisions of this By-Law and be imposed on land to be
developed for residential and non-residential uses, where, the
development requires,
(1)
the passing of a zoning by-law or of an amendment to a zoning
by-law under Section 34 of the Planning Act or successor
legislation;
(2)
the approval of a minor variance under Section 45 of the Planning
Act or successor legislation;
(3)
a conveyance of land to which a by-law passed under Subsection
50(7) of the Planning Act or successor legislation applies;
(4)
the approval of a plan of subdivision under Section 51 of the
Planning Act or successor legislation;
(5)
a consent under Section 53 of the Planning Act or successor
legislation;
(6)
the approval of a description under the Condominium Act, R.S.O.
1991, c. C. 26 or the Condominium Act, 1998, S. O. 1998, c.19 as
amended, or successor legislation; or
(7)
the issuing of a permit under the Building Code Act, 1992, or
successor legislation in relation to a building or structure.
LOCAL SERVICE INSTALLATION
9.
Nothing in this By-Law prevents Council from requiring, as a condition of
an agreement under Section 51 or 53 of the Planning Act that the owner,
at his or her own expense, shall install or pay for such local services,
within the Plan of Subdivision or within the area to which the plan relates,
as Council may require. The Town's Local Service Policy shall identify
works or classes of works related to development that are intended to be
works for the provision of local services.
MULTIPLE CHARGES
10. (1)
Where two or more of the actions described in subsection 8(1) are
required before land to which a Development Charge applies can be
developed, only one Development Charge shall be calculated and
collected in accordance with the provisions of this By-Law.
(2)
Notwithstanding subsection (1), if two or more of the actions described
in subsection 8(1) occur at different times, and if the subsequent action
has the effect of increasing the need for municipal services as set out in
Schedule "A", an additional Development Charge on the additional
residential units and additional gross floor area shall be calculated and
collected in accordance with the provisions of this by-law.
SERVICES IN LIEU
11. (1)
Council may authorize an owner, through an agreement under Section
38 of the Act, to substitute such part of the Development Charge
applicable to the owner's development as may be specified in the
agreement, by the provision at the sole expense of the owner, of services
in lieu. In considering such an agreement, Council will give consideration
to the Town's financial capital plan and the impact a request for services
in lieu may have on the Town's plans. Council may after such
consideration, decline the request. In the event of an authorization by
Council to enter into a services in lieu agreement, such agreement shall
further specify that where the owner provides services in lieu in
accordance with the agreement, Council shall give to the owner a credit
against the Development Charge in accordance with the agreement
provisions and the provisions of Section 39 of the Act, equal to the
reasonable cost to the owner of providing the services in lieu. In no case
shall the agreement provide for a credit that exceeds the total
Development Charge payable by an owner to the Town in respect of the
development to which the agreement relates.
(2)
In any agreement under subsection (1), Council may also give a further
credit to the owner equal to the reasonable cost of providing services in
addition to, or of a greater size or capacity, than would be required under
this By-Law.
(3)
The credit provided for in subsection (2) shall not be charged to any
Development Charge reserve fund.
RULES WITH RESPECT TO RE-DEVELOPMENT
12. (1)
(a) In the case of the demolition of all or part of a residential or non-
residential building or structure a credit shall be allowed, provided that
the land was improved by occupied structures (or structures capable of
occupancy) within the five years prior to the issuance of the building
permit, and the building permit has been issued for the development or
redevelopment within five years from the date the demolition permit has
been issued; and
(b) In cases where a demolition credit crosses over a lot that was
subject to land division, the owner directs to which lot the credit applies.
(2)
If a development or redevelopment involves the demolition of and
replacement of a residential structure, a credit shall be allowed
equivalent to the number of dwelling units demolished multiplied by the
applicable residential development charge in place at the time the
development charge is payable.
(3)
(a) If a development or redevelopment involves the demolition of and
replacement of a non-residential structure, a credit shall be allowed
equivalent to the gross floor area demolished multiplied by the
applicable non-residential development charge in place at the time the
development charge is payable, and when redevelopment occurs; and
(b) On the same lot or block on which the demolished building or
structure, or part thereof, was originally located; and
(c) In cases where a demolition credit crosses over a lot that was
subject to a land division, the owner directs to which lot the credit
applies.
(4)
A credit can, in no case, exceed the amount of the Development Charge
that would otherwise be payable, and no credit is available if the existing
land use is exempt under this By-Law.
(5)
Where re-development will require water/wastewater services, and the
building demolished was not connected to such services, the
water/wastewater development charge will apply.
RULES WITH RESPECT TO CHANGE OF USE
13. (1)
Changing all or part of a residential building to a non-residential use will
reduce development charges otherwise payable by an amount that is
equal to the applicable residential development charge in place at the
time the development charge is payable, multiplied by the number of
residential units being converted.
(2)
If changing all or part of a non-residential building to a residential building
use:
(a) A credit shall be equivalent to the gross floor area converted
multiplied by the applicable non-residential development
charge in place at the time the development charge is
payable, and;
(b) When redevelopment occurs on the same lot or block on
which the demolished building or structure, or part thereof,
was originally located, and;
(c) In cases where a demolition credit crosses over a lot that was
subject to a land division, the owner directs to which lot the
credit applies; and
(d) Notwithstanding policies a, b and c above, when a
Hotel/Motel is converted to residential use but there is no
change to the gross floor area and no change to the total
number of units, there will be no DCs charged on the
residential units. Any additional residential units will not
receive credit and are subject to development charges
contained within this by-law.
(3)
A credit can, in no case, exceed the amount of the Development Charge
that would otherwise be payable, and no credit is available if the existing
land use is exempt under this By-Law.
TIMING OF CALCULATION AND PAYMENT
14.
Development charges shall be calculated on the following dates:
(1)
As of the date when an application for an approval of development
in a site plan control area under subsection 41(4) of the Planning
Act was made, and deemed complete, by the Town;
(2)
if (1) does not apply, as of the date when an application for an
amendment to a by-law passed under section 34 of the Planning
Act was made, and deemed complete, by the Town;
(3)
if neither clause (1) or (2) applies, as of the date that the first
building permit is issued in relation to a building or structure on the
lands to which a development charge applies, in accordance with
Section 6 of this by-law, or in a manner or at a time otherwise
lawfully agreed upon under the Act or specified in this by-law
If a development was the subject of more than one application referred
to in clause (1) or (2) above, the later application is deemed to be the
applicable application for the purposes of the calculation date.
If, on the date the first building permit is issued for the development, more
than 18 months (or as otherwise stipulated by the Act) has elapsed since
the application referred to in clause (1) or (2) was approved, then clause
(1) and (2) above do not apply, and development charges shall be
calculated as outlined in clause (3) above.
Clauses (1) and (2) above do not apply to a development charge if the
total amount of all charges, including any interest charged under this
by-law, that are payable in accordance with either of those clauses
exceeds the total amount of all charges that would be payable had
clause (3) above been applied.
15.
Development charges shall be paid in lawful money of Canada or by
provision of services as may be agreed upon by the Town, or by credit
granted by the Act, on the following dates:
(1)
For rental housing and institutional development:
(a) shall be paid in equal annual instalments beginning on the
earlier of the date of the issuance of a permit under the
Building Code Act authorizing occupation of the building and
the date the building is first occupied, and continuing on the
following five anniversaries of that date.
(2)
For any residential use that is not rental housing:
(a) shall be paid in full on the earlier of the date of the issuance
of a permit under the Building Code Act authorizing
occupation of the building or the date the building is first
occupied.
(3)
For any non-residential use that is not institutional development:
(a) shall be paid in full upon a building permit being issued for the
development.
(4)
Notwithstanding subsections (1), (2), and (3) above, in cases
where a building permit is not required under the Building Code
Act, the development charge shall be paid at the action or
approval described in section 2(1) of this by-law
A person required to pay a development charge referred to in subsection
(1) or (2) above shall, unless the occupation of the building in respect of
which the development charge is required is authorized by a permit under
the Building Code Act, notify the Town Treasurer within the prescribed
time of the building first being occupied as outlined in the Act.
A person required to pay a development charge referred to in subsection
(1) or (2) above may pay the charge before it is otherwise payable even
in the absence of an agreement under section 27, provided the building
permit has been issued.
(3)
Notwithstanding subsection (1), development charges with respect to
development requiring approval of a Plan of Subdivision under Section
51 or the Planning Act or a consent under Section 53 of the Planning Act
and for which a subdivision agreement or consent agreement is entered
into shall be payable immediately upon the parties entering into the
agreement.
(4)
In accordance with Section 27 of the Act, the Town may enter into
agreements providing for all or any part of a development charge to be
paid before or after it would otherwise be payable.
INTEREST RATES
16. (1)
The Town may charge interest on the installments required by Section
26.1(3) of the Act as permitted by Section 26.1(7) of the Act.
(2)
Where Section 26.2 (1) (a) or (b) of the Act applies, the Town may charge
interest on the development charge from the date of the application
referred to in the applicable clause to the date the development charge
is payable.
(3)
Interest will be determined at the maximum interest rate allowed under
the Act, per Section 26.3.
RESERVE FUNDS
17. (1)
Monies received from payment of Development Charges under this By-
Law shall be maintained in separate reserve funds for each of the
services set out in Schedule "A."
(2)
Monies received for the payment of Development Charges shall be used
only in accordance with the provisions of Section 35 of the Act.
(3)
Where any Development Charge, or part thereof, remains unpaid after
the due date, the amount unpaid shall be added to the tax roll and shall
be collected as taxes.
(4)
Where any unpaid Development Charges are collected as taxes under
subsection (3), the monies so collected shall be credited to the
Development Charge reserve funds referred to in subsection (1).
(5)
The Treasurer of the Town shall, in each year commencing in 2022 for
the 2021 year, furnish to Council a statement in respect of the reserve
funds established hereunder for the prior year, containing the information
set out in Section 12 of O. Reg. 82/98.
INDEXING OF DEVELOPMENT CHARGES
18. (1)
The development charges set out in Schedules "B", and "C", to this bylaw
shall be adjusted annually on January 1, without amendment to this by-
law, in accordance with the then most recently published and available
twelve month change in the Statistics Canada Non-residential Building
Construction Price Index for Toronto".
BY-LAW AMENDMENT OR APPEAL
19. (1)
Where
this
By-Law
or
any
Development
Charge
prescribed
thereunder is amended or repealed either by order of the Ontario Land
Tribunal or by resolution of the Municipal Council, the Municipal
Treasurer shall calculate forthwith the amount of any overpayment to be
refunded as a result of said amendment or repeal.
(2)
Refunds that are required to be paid under subsection (1) shall be paid
with interest to be calculated as follows:
(a)
Interest shall be calculated from the date on which the
overpayment was collected to the date on which the refund is paid;
(b)
The Bank of Canada Policy Interest Rate in effect on the date of
enactment of this By-Law shall be used, updated on the first
business day of every January, April, July and October thereafter
for the life of this by-law.
(3)
Refunds that are required to be paid under subsection (1) shall include
the interest owed under this section.
SEVERABILITY
20.
In the event any provision, or part thereof, of this By-Law is found by a
Court of Competent Jurisdiction to be ultra vires, such provision, or part
thereof, shall be deemed to be severed, and the remaining portion of
such provision and all other provisions of this By-Law shall remain in full
force and effect.
HEADINGS FOR REFERENCE ONLY
21.
The headings inserted in this By-Law are for convenience of reference
only and shall not affect the construction of interpretation of this By-Law.
BY-LAW REGISTRATION
22.
A certified copy of this By-Law may be registered on title to any land to
which this By-Law applies.
BY-LAW ADMINISTRATION
23.
This By-Law shall be administered by the Municipal Treasurer.
BY-LAW SHORT TITLE
24.
The short title to this By-law shall be "Beach Area Development Charges
By-law".
SCHEDULES TO THE BY-LAW
25.
The following Schedules to this By-Law form an integral part of this By-
Law:
Schedule "A" - Schedule of Designated Municipal Services
Schedule "B" - Schedule of Residential Development Charges
Schedule "C" - Schedule of Non-Residential Development Charges
Schedule "D" - Map of Beach Area
DATE BY-LAW EFFECTIVE
26.
This By-Law shall come into force and effect May 24, 2026.
DATE BY-LAW EXPIRES
27.
This By-Law will expire ten years after the effective date of this By-Law,
unless it is repealed by council at an earlier date.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
30TH DAY OF APRIL, 2026.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
Brian Smith, Mayor
Nicole Rubli, Clerk
SCHEDULE "A" OF BY-LAW # 2026-36
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE
CORPORATION OF THE TOWN OF WASAGA BEACH
DESIGNATED SERVICES UNDER THIS BY-LAW
1.
Beach Area Wastewater Works
SCHEDULE "B" OF BY-LAW # 2026-36
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE
CORPORATION OF THE TOWN OF WASAGA BEACH
RESIDENTIAL DEVELOPMENT CHARGES
Charge By Unit Type
Service
Single & Semi- Rows & Other
Detached
Multiples
Beach Area Wastewater Works
$5,623
$4,592
$2,800
$2,800
$1,400
Apartments
Leisure
Lifestyle Park
Seasonal Park
Model Trailers
SCHEDULE "C" OF BY-LAW # 2026-36
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE CORPORATION
OF THE TOWN OF WASAGA BEACH
NON-RESIDENTIAL DEVELOPMENT CHARGES
Non-Residential
Service
Charge
($/sq.m)
Beach Area Wastewater Works
$37.29
SCHEDULE "D" OF BY-LAW # 2026-36
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE CORPORATION
OF THE TOWN OF WASAGA BEACH
MAP OF BEACH AREA
Beach Area