CASUAL LEGAL: Changes to Off-Site Levies Regulation

Changes to Off-Site Levies Regulation

By Daina Young

Reynolds Mirth Richards Farmer LLP

AMSC Casual Legal Service Provider

On June 1, 2021, a number of amendments to the Off-Site Levies Regulation enacted under the authority of the Municipal Government Act came into effect.

Many of the amendments to the Regulation were administrative in nature. However, a few of the changes are substantive in nature.

Previously, s. 3(7) of the Regulation allowed a municipality and an applicant for a subdivision approval or development permit to enter into an agreement for the applicant to fund the entire cost of construction of infrastructure, transportation infrastructure or facilities to be funded by a levy, on terms and conditions agreed upon by the parties. Section 3(4) of the Regulation, as amended, now expressly prohibits a municipality from “[compelling] an applicant for a development permit or subdivision approval to fund the cost of construction of infrastructure, transportation infrastructure or facilities to be funded by an off-site levy beyond the applicant’s proportional benefit”.

The scope of appeals to the Land and Property Rights Tribunal (previously the Municipal Government Board) has been broadened. Previously an off-site levy bylaw could only be appealed to the provincial Board if the levy was for a purpose set out in ss. 648(2.1) of the Act: new or expanded community recreation facilities, fire hall facilities, police station facilities and libraries. Off-site levy bylaws for a purpose set out in ss. 648(2) of the Act are now also subject to appeal, if the bylaw is made after the effective date of the amendments. The appeal period has been extended from 30 to 90 days of the date on which the bylaw was passed.

Also of note is that the applicable principles and criteria and requirements for methodology, consultation, and reporting, which were previously set out in the Regulation, are now found in the Act itself as a result of recent legislative amendments.

To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca (casuallegal[at]amsc[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] auma.ca (riskcontrol[at]auma[dot]ca), or call 310-AUMA (2862) to speak to AUMA’s Risk Management staff. Any Regular or Associate member of the AUMA can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.