Acts and Regulations

2017, c.19 - Community Planning Act

Section 91
Disposition versions

Full text
Making of development charge by-law
91(1)For the purposes referred to in subsection (2), a council may make a by-law that
(a) provides for the imposition and payment of a development charge in respect of land that is to be developed or subdivided, and
(b) authorizes an agreement to be entered into in respect of the payment of a charge.
91(1.1)A development charge by-law shall be prepared or amended
(a) under the direction of
(i) the planning director or another planner engaged by the council and responsible to the planning director, or
(ii) in the case of a local government not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan, and
(b) in consultation with the Minister and any government department or person specified by the Director.
91(1.2)The planning director or other planner referred to in subparagraph (1.1)(a)(i) or (ii), as the case may be, shall certify that the content of the development charge by-law complies with the provisions of this Act and the regulations under this Act.
91(2)A development charge may be used only to pay for all or part of the on or off-site capital cost of
(a) new or expanded facilities for the supply and distribution of water,
(b) new or expanded facilities for the collection, treatment and disposal of sewage,
(c) new or expanded facilities for the provision of storm water management,
(d) new or expanded roads, sidewalks and trails required for or impacted by a subdivision or development;
(e) new or expanded streets,
(f) new traffic signs and signals and new or expanded transit facilities,
(g) land required for or in connection with facilities described in paragraphs (a) to (f), or
(h) for any other purpose referred to in the regulations.
91(3) In respect of land that is the subject of a development or subdivision, a development charge imposed under this section may be collected once for a purpose described in subsection (2) if
(a) the purpose of the charge is authorized in the development charge by-law, and
(b) the collection of the charge for the purpose authorized in the by-law is specified in the development charge agreement referred to in subsection (1).
91(4)All money received by the council under this section is to be paid into a special account, and the money in that account is to be expended by the council for the specific purpose described in paragraph (2)(a), (b), (c), (d), (e), (f) or (g) or referred to in a regulation under paragraph (2)(h) for which it is collected and for no other purpose.
2021, c.44, s.1
Making of development charge by-law
91(1)For the purposes referred to in subsection (2), a council may make a by-law that
(a) provides for the imposition and payment of a development charge in respect of land that is to be developed or subdivided, and
(b) authorizes an agreement to be entered into in respect of the payment of a charge.
91(2)A development charge may be used only to pay for all or part of the on or off-site capital cost of
(a) new or expanded facilities for the supply and distribution of water,
(b) new or expanded facilities for the collection, treatment and disposal of sewage,
(c) new or expanded facilities for the provision of storm water management,
(d) new or expanded roads, sidewalks and trails required for or impacted by a subdivision or development;
(e) new or expanded streets,
(f) new traffic signs and signals and new or expanded transit facilities,
(g) land required for or in connection with facilities described in paragraphs (a) to (f), or
(h) for any other purpose referred to in the regulations.
91(3) In respect of land that is the subject of a development or subdivision, a development charge imposed under this section may be collected once for a purpose described in subsection (2) if
(a) the purpose of the charge is authorized in the development charge bylaw, and
(b) the collection of the charge for the purpose authorized in the bylaw is specified in the development charge agreement referred to in subsection (1).
91(4)All money received by the council under this section is to be paid into a special account, and the money in that account is to be expended by the council for the specific purpose described in paragraphs (2)(a) to (g) for which it is collected and for no other purpose.
Making of development charge by-law
91(1)For the purposes referred to in subsection (2), a council may make a by-law that
(a) provides for the imposition and payment of a development charge in respect of land that is to be developed or subdivided, and
(b) authorizes an agreement to be entered into in respect of the payment of a charge.
91(2)A development charge may be used only to pay for all or part of the on or off-site capital cost of
(a) new or expanded facilities for the supply and distribution of water,
(b) new or expanded facilities for the collection, treatment and disposal of sewage,
(c) new or expanded facilities for the provision of storm water management,
(d) new or expanded roads, sidewalks and trails required for or impacted by a subdivision or development;
(e) new or expanded streets,
(f) new traffic signs and signals and new or expanded transit facilities,
(g) land required for or in connection with facilities described in paragraphs (a) to (f), or
(h) for any other purpose referred to in the regulations.
91(3) In respect of land that is the subject of a development or subdivision, a development charge imposed under this section may be collected once for a purpose described in subsection (2) if
(a) the purpose of the charge is authorized in the development charge bylaw, and
(b) the collection of the charge for the purpose authorized in the bylaw is specified in the development charge agreement referred to in subsection (1).
91(4)All money received by the council under this section is to be paid into a special account, and the money in that account is to be expended by the council for the specific purpose described in paragraphs (2)(a) to (g) for which it is collected and for no other purpose.