In September 2022, Bill 197, the COVID-19 Economic Recovery Act amended Section 37 of the Planning Act to introduce Community Benefits Charges. These changes allow municipalities to impose Community Benefits Charges (CBC) on eligible high-density developments and redevelopments and are to be paid when building permits are issued. CBCs are intended to work in conjunction with Development Charges and Parkland Dedication/cash-in-lieu fees to ensure municipalities have the resources needed to build complete communities and support the necessary infrastructure to accommodate growth.

On June 26, 2024 the Town approved a Community Benefits Charge By-law in accordance with the Planning Act.

The CBC is a new fee that the Town will charge on development and redevelopment to pay for the growth-related capital costs of facilities and services if those costs are not already being collected through Development Charges or Parkland Dedication/Cash-in-Lieu. Examples include municipal parking, public art, cultural and entertainment space, parkland acquisition.

For more information or inquiries, please email feeinquiry@townofws.ca.

Payment of CBCs, or contributions on in-kind benefits, are required for:

• Development of a proposed building or structure with five or more storeys at or above ground level and containing ten or more residential units.
• Redevelopment of existing buildings or structures that will be five or more storeys at or above ground level after the redevelopment and add ten or more residential units to an existing building or structure.

Please refer to the Community Benefits Charge By-law 2024-086-FI for more information.

The applicant is to provide an appraisal of the land subject to development prior to issuance of a building permit. Appraisals can be submitted to Finance Services by emailing feeinquiry@townofws.ca. Appraisals will be reviewed by the Town’s Commissioner of Finance. Should the appraisal be determined to be acceptable, you will be advised of the Community Benefits Charge fee through an invoice. Fees are payable at the Town through Customer Service and are required prior to the issuance of a building permit.

Certain types of development, as outlined in the regulation and CBC By-law are exempt from the payment of CBCs. These include:

• Long-term care homes
• Retirement homes
• Universities, colleges, and Indigenous Institutes
• Certain structures through the Ontario branch of the Royal Canadian Legion
• Hospices
• Affordable, attainable, inclusionary zoning and non-profit housing units

The Town may permit in-kind contributions that provide community benefits at its sole discretion. In-kind contributions would be accepted in-lieu of the payment of the CBC otherwise applicable, in whole or in part.

Where an owner of land is of the view that the CBC payable exceeds 4% of the value of the land, the owner may pay under protest. The owner is responsible for providing an appraisal at their cost to the Town in dispute of the CBC payable. Should the Town disagree with the owner appraisal, the Town will be required to fund and provide an appraisal. Should the difference between the owner appraisal and the city appraisal exceed 5%, the owner will select a person from the Town’s list of appraisers to perform a final, binding appraisal, with the owner being responsible for the cost of the appraisal. The Town will maintain a list of appraisers in accordance with Section 37(42) of the Planning Act for the purposes of the dispute resolution process.

At the conclusion of the dispute resolution process, any refund to the owner as a result of the difference between the final CBC payable and the amount paid under protest, will be made within 30 days without interest.

A Community Benefits Charge Strategy is required before passing a CBC By-law. This strategy must follow the requirements of the Planning Act, which are similar to that of the Development Charge Background Study under the Development Charges Act.

In 2022, the Town conducted a feasibility assessment to determine whether the Town should proceed with preparing and enacting a CBC By-law. Based on the assessment, it was determined that the Town had an increased need for services eligible for consideration under a CBC. On June 1, 2022 Council directed staff to proceed with the preparation of a CBC Strategy and By-law.