BYLAW - Community Benefits Charge Bylaw - 20220920 - 645422
The Corporation of the Town of Aurora
By-law Number 6454-22
Being a By-Law of The Corporation of the Town of Aurora to require the
payment of community benefits charges within the Town of Aurora.
Whereas The Corporation of the Town of Aurora (the “Town”) will experience growth
through development and redevelopment;
And whereas Section 37 of the Planning Act, R.S.O. 1990, C. P.13, as amended (the
“Planning Act’) provides that the council of a municipality may by by-law impose
community benefits charges against land to pay for the capital costs of facilities,
services and matters required because of development or redevelopment;
And whereas Council desires to impose community benefits charges against land to
pay for the capital costs of facilities, services and matters required because of
development or redevelopment in the area to which this by-law applies;
And whereas a community benefits charge strategy dated August 11, 2022 has been
prepared in accordance with subsection 37(9) of the Planning Act and O. Reg. 509/20
and which identifies the facilities, services and matters that will be funded with
community benefits charges;
And whereas the Town has consulted with such persons and public bodies as the Town
considers appropriate;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Definitions
1.1 In this by-law, the following words have the following meanings:
a) “Basement” refers to the portion of the Building between the First Storey
and any floor below the level of the first floor;
b) “Building” refers to any structure or building as defined in the Ontario
Building Code (O Reg 332/12 under the Building Code Act);
c) “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23,
as amended, or successor legislation;
d) “Building Permit” means a permit under the Building Code Act for
construction at or above the First Storey of a Building;
e) “Capital Cost” 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,
(i) to acquire land or an interest in land, including a leasehold interest;
(ii) to improve land;
(iii) to acquire, lease, construct or improve buildings and structures;
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(iv) to acquire, lease, construct or improve facilities including rolling
stock, furniture, and equipment.
(v) to undertake studies in connection with any of the matters referred
to in subsections 1.1(e) (i) to (iv),
(vi) to complete the Community Benefits Charge Strategy under section
37(9) of the Planning Act; and,
(vii) includes interest on money borrowed to pay for costs in
subsections 1.1(e) (i) to (vi); required for provision of services
designated in this by-law within or outside the Town;
f) “Community Benefits Charge” means a charge imposed pursuant to this
by-law;
g) “Community Benefits Charge Strategy” means the Community Benefits
Charge Strategy prepared pursuant to subsection 37(9) of the Planning
Act;
h) “Condominium Act” refers to the Condominium Act, 1998, S.O. 1998, c.19,
as amended, or successor legislation;
i) “Council” means the council of the Town;
j) “Development” or “Redevelopment” means any activity or proposed
activity in respect of land that requires one or more of the approvals
referred to in section 3 of this by-law and includes the development or
redevelopment of land or the redevelopment, expansion, extension or
alteration of the use of a Building;
k) “Director” means the Director of Planning and Development Services of
the Town, or his or her designate;
l) “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;
m) “Grade” means the average level of finished ground adjoining a Building or
structure at all exterior walls;
n) “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;
o) “Local Board” has the meaning set out in Section 1 of the Municipal Affairs
Act, R.S.O. 1990, c. M.46, as amended, or any successor thereof;
p) “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;
q) “Planning Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended,
or successor legislation;
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r) “Redevelopment” See “Development”
s) “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;
t) “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;
u) “Storey” means a level of a Building, other than a Basement, located
between any floor and the floor, ceiling or roof immediately above it;
v) “Town” means The Corporation of the Town of Aurora, or where the
context requires, the geographical jurisdiction of The Corporation of the
Town of Aurora;
w) “Treasurer” means the Treasurer of the Town, or his or her designate;
x) “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 or
Redevelopment, the day before the day the first Building Permit is
issued;
y) “Value of the Land” means for the purposes of determining the
community benefit charges payable, the appraised value of the land in an
appraisal prepared by or for the Town that is:
(i) in accordance with the Canadian Uniform Standards of
Professional Appraisal Practice of the Appraisal Institute of
Canada; and,
(ii) In accordance with any additional specifications or requirements as
directed by the Town.
2. Lands Affected
2.1 This By-law applies to all lands within the corporate limits of the Town.
3. General Requirement
3.1 A Community Benefits Charge shall be payable for the Capital Cost of facilities,
services and matters required because of Development or Redevelopment that
requires any of the following:
(i) the passing of a zoning by-law or an amendment to a zoning by-law under
section 34 of the Planning Act;
(ii) the approval of a minor variance under section 45 of the Planning Act;
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(iii) a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(iv) the approval of a plan of subdivision under section 51 of the Planning Act;
(v) a consent under section 53 of the Planning Act;
(vi) the approval of a description under section 9 of the Condominium Act; or
(vii) the issuing of a permit under the Building Code Act in relation to a Building.
4. Exemptions
4.1 Despite Section 3 of this by-law, this by-law shall not apply to lands that are owned
by and used for the purposes of:
(a) the Town or a Local Board thereof;
(b) a Board of Education; or
(c) the Regional Municipality of York or a Local Board thereof.
4.2 Despite Section 3 of this by-law, a Community Benefits Charge shall not be
imposed with respect to:
(i) Development of a proposed Building with fewer than five (5) Storeys at or
above ground;
(ii) Development of a proposed Building with fewer than ten (10) Residential
Units;
(iii) Redevelopment of an existing Building that will have fewer than five (5)
Storeys at or above ground after the Redevelopment;
(iv) Redevelopment that proposes to add fewer than ten (10) Residential Units
to an existing Building; or
(v) such types of Development or Redevelopment as are Prescribed.
4.3 Despite Section 3 of this by-law, a Community Benefits Charge shall not be
imposed with respect to:
(a) Development or Redevelopment of a Building intended for use as 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, as amended, or successor legislation;
(b) Development or Redevelopment of a Building intended for use as a
retirement home within the meaning of subsection 2(1) of the Retirement
Homes Act, 2010, S.O. 2010, c. 11, as amended, or successor legislation;
(c) Development or Redevelopment of a Building 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;
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(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, S.O. 2017, c. 34, Sched. 20, as
amended, or successor legislation.
(d) Development or Redevelopment of a Building intended for use as a
memorial home, clubhouse or athletic grounds by an Ontario branch of the
Royal Canadian Legion;
(e) Development or Redevelopment of a Building intended for use as a hospice
to provide end of life care;
(f) Development or Redevelopment of a Building intended for use as residential
premises by any of the following entities:
(i) a corporation to which the Not-for-Profit Corporations Act, 2010, S.O.
2010, c. 15, as amended, or successor legislation, applies that is in
good standing under that act and whose primary objective is to
provide housing;
(ii) a corporation without share capital to which the Canada Not-for
Profit Corporations Act, S.C. 2009, c. 23, as amended, or successor
legislation, applies, that is in good standing under that act and
whose primary objective is to provide housing;
(iii) a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act, R.S.O. 1990, c. C.35, as amended, or
successor legislation.
5. Multiple Uses – Excluded Types of Development
5.1 Where Development or Redevelopment proposes multiple uses within a Building
and the Owner has provided satisfactory evidence to the Director that it includes
one or more the excluded types of Development or Redevelopment described in
Section 4.3 of this By-law, a Community Benefits Charge otherwise payable for the
Development or Redevelopment will be reduced by an amount attributed by the
Town to the excluded type of Development or Redevelopment.
6. Determination of Charge
6.1 The amount of a Community Benefits Charge payable under this by-law shall be
four (4) percent of the Value of the Land that is the subject of the Development or
Redevelopment as of the Valuation Date.
6.2 If a Development of Redevelopment consists of two or more phases, each phase is
deemed to be a separate Development or Redevelopment and
(a) the Valuation Date for each phase will be the day before the day the
Building Permit is issued in respect of the Development or Redevelopment
for that phase, or if more than one Building Permit is required for the
Development or Redevelopment for that phase, the day before the day that
the first Building Permit is issued for that phase; and,
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(b) a Community Benefits Charge payable for each phase will be four (4)
percent of the Value of the Land for that phase.
7. In-Kind Contributions
7.1 The Director is delegated authority to allow an Owner to provide an In-Kind
Contribution in lieu of the payment of a Community Benefits Charge otherwise
payable, in whole or in part, and to accept and attribute a value pertaining to an In-
Kind Contribution and to make satisfactory arrangements for the provision of the
In-Kind Contribution to the Town, which arrangements may include the execution
of an agreement by the Mayor and Clerk upon the recommendation of the Director.
7.2 Where the Director has allowed an Owner to provide an In-Kind Contribution, a
Community Benefits Charge otherwise payable for the Development or
Redevelopment will be reduced by the value that the Director has attributed to the
In-Kind Contribution.
8. Time of Payment of Community Benefits Charges
8.1 A Community Benefits Charge imposed under this by-law shall be paid prior to the
date that a Building Permit is issued for the Development or Redevelopment, or
with respect to a phased Development or Redevelopment, shall be paid prior to the
date that the first Building Permit is issued for each phase of the Development or
Redevelopment.
9. No Building Without Payment
9.1 No person shall construct a Building on land proposed for Development or
Redevelopment where an approval under Section 3.1 of this by-law is required
unless: (a) a Community Benefits Charge payment required by this by-law has
been made or arrangement for the payment that are satisfactory to the Town have
been made and (b) any approved In-Kind Contribution has been provided or
arrangements for its provision satisfactory to the Director have been made.
10. Administration of By-law
10.1 The Treasurer is delegated authority for the implementation and administration of
this by-law.
10.2 The Treasurer shall report annually to Council on:
(a) the prescribed matters contained in Section 7 of the O. Reg. 509/20, as
amended; and
(b) funding recommendations to spend or allocate at least 60 percent of the
monies in the special account at the beginning of the year.
11. General
11.1 Council shall review this by-law and pass a resolution declaring whether a revision
to this by-law is needed within five years of the date it is first passed, and every five
years after the previous resolution was passed.
11.2 If, for any reason, any provision 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, amended or modified.
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11.3 The reference to any statute, regulation or by-law shall be deemed to refer to the
statute, regulation, or by-law as they may be amended from time to time.
12. Effective Date
12.1 This by-law shall come into effect at 12:01 A.M. on September 20, 2022.
Enacted by Town of Aurora Council this 20th day of September, 2022.
orMrakas, Mayor
Michael de Rond, Town Clerk