HomeMy WebLinkAboutCOR-2022-498 - Development Charges, Section 20 Dispute and Hearing Process
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: December 12, 2022
SUBMITTED BY: Amanda Fusco, Director, Legislated Services and City Clerk, 519-741-
2200 ext. 7809
PREPARED BY: Dianna Saunderson, Manager, Council and Committee Services and
Deputy Clerk, 519-741-2200 ext. 7278
WARD(S) INVOLVED: N/A
DATE OF REPORT: November 25, 2022
REPORT NO.: COR-2022-498
SUBJECT: Development Charges, Section 20 Dispute and Hearing Process
RECOMMENDATION:
That the Finance and Corporate Services Committee be delegated the authority of Council
to conduct hearings relating to complaints made under section 20 of the Development
Charges Act, 1997; and further,
That the hearings for section 20 Development Charges disputes be conducted as the per
the process as outlined in Corporate Services Department report COR-2022-498.
REPORT HIGHLIGHTS:
The purpose of this report is to delegate the authority of Council to the Finance and
Corporate Services Committee for the purpose of conducting complaint hearings made
under Section 20 of the Development Charges Act, 1997.
Staff will establish a hearing process, which will include providing the legislated notice to the
complainant so they may attend to represent their complaint.
This report supports the delivery of core services.
BACKGROUND:
The Development Charges Act, 1997 enables municipalities in the province to enact by-laws to
impose development charges against lands to be developed to pay for growth-related capital
costs for municipal services such as roads, water, wastewater, public works, recreation, police
and fire protection.
On October 27, 2022, Gowling WLG on behalf of McLean-Peister Limited submitted a compliant
to the City of Kitchener and the Region of Waterloo, pursuant to Section 20(1) of the
Development Charges Act, 1997 (the DC Act). The City acknowledged receipt of the complaint
on November 3, 2022, noting the complaint did constitute a statutory complaint under section
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The purpose of this report is to outline the process that is required to be established by the DC
Act and Council for the Complaint.
REPORT:
Section 20 (4) of the DC Act requires Council to hold a hearing into the complaint and shall give
the complainant an opportunity to make representations at the hearing. Given the infrequent
need to date, no formal hearing process has been established by the City of Kitchener to address
complaints received pursuant to section 20 of the DC Act.
To address the current complaint and all future complaints received pursuant to section 20 of
the DC Act, staff propose that the Finance and Corporate Services Committee be delegated the
authority to conduct the hearing on behalf of City Council.
The following is proposed to be the process for which the hearings shall be conducted, in
accordance with the DC Act:
1. The City shall receive a complaint in writing within 90 days after the day the development
the address where notice can be given to the complainant and the reasons for the
compliant.
2. The Finance and Corporate Services Committee, which through this report will be
delegated the authority to conduct the hearing process, will be scheduled for the required
hearing.
3. The Clerk of the municipality shall mail a notice of hearing to the complainant a minimum
of 14 days prior to the hearing.
4. Staff through a staff report included on the Committee agenda, will respond to the
compliant and make a formal recommendation to Finance and Corporate Services
Committee.
5. The Finance and Corporate Services Committee Chair will note the meeting is being held
as a formal hearing to the DC Act and shall comply with the principles of procedural
fairness including providing the Complainant with an opportunity to provide
representation. The Finance and Corporate Services Committee will rely on the
provisions outlined in Chapter 25 (Council Procedure) of the City of Kitchener Municipal
Code to conduct the hearing.
6. The Finance and Corporate Services Committee, after hearing any additional evidence
and submissions from the compliant, may dismiss the compliant or rectify any incorrect
determination or error that was subject to the complaint. The Committee when rendering
their decision must find that there has been an incorrect determination or error in the
application of the DC By-law before it grants the requested remedy.
7. The decision of the Finance and Corporate Services Committee would then be forwarded
to the next subsequent City Council meeting to be ratified and considered final and
binding.
8. Section 22 of the DC Act provides that the compliant can appeal decision to the
Ontario Land Tribunal.
Staff have consulted with the Region of Waterloo and have developed the foregoing hearing
process in alignment with that of the Region of Waterloo. The Regional Development Charges
By-law delegates authority for the conducting hearings under section 20 of
the DC Act to their Administration and Finance Committee.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services