Buddhist Centre and Monastery in Scarborough

(Ward 16 - Scarborough Highland Creek)

The Scarborough Community Council recommends that City Council:

(1) strike out Recommendation No. (1) contained in the following report;

(2) direct that the Toronto Mahavihara Society be reimbursed the amount of $8,080.00, being equivalent to the Building Permit fee previously paid by the Society to the City for the construction of the Buddhist Centre and Monastery, such amount to be funded from the Corporate Contingency Account as a grant in recognition of the charitable work the Society undertakes in the Community; and

(3) adopt Recommendation No. (2).

Recorded vote on Scarborough Community Council Recommendation No. (2):

Yeas: Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Mahood, Shaw, Tzekas -8

Nays: Councillors Kelly, Soknacki -2

Decided in the affirmative by a majority of 5.

Recorded vote on Scarborough Community Council Recommendation No. (3):

Yeas: Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Kelly, Mahood, Shaw, Soknacki, Tzekas -10

Nays: Nil

Decided in the affirmative by a unanimous vote of the Members of Community Council present and voting.

The Scarborough Community Council submits the following report (October 27, 1999) from the Director and Deputy Chief Building Official:

Purpose:

To report on the request of Mr. Ven A. Rathanasiri and Mr. Ben Seneviratne, on behalf of the Buddhist Centre, to refund the building permit fee and development charges relative to the place of worship building, permit application number 98-00915.

Financial Implications and Impact Statement:

(1) Building Permit Fees $8,080.00

(2) Development Charges $2,929.11 (City)

$1,355.92 (SPUC)

Recommendations:

It is recommended that:

(1) the fees for the building permit collected according to the Building Permit By-law not be refunded; and

(2) Development charges, which were collected as per the Development Charges By-laws of the former City of Scarborough, be refunded.

Background:

Fees for building permits are charged on the basis of plan review and inspection services rendered according to the rates set out in the Building Permit By-law.

In 1997 Scarborough Council considered and waived building permit fees and development charges on a case-by-case basis for three church-related developments. In 1998 Scarborough Council's recommendation for waiving of building permit fees for a church expansion program was adopted by the Council of the City of Toronto. The new Development Charges By-law adopted by the Council of the City of Toronto exempts places of worship from development charges.

Conclusions:

Building permit fees are collected as per the City of Toronto Permit Fees By-law. New Development Charges By-law adopted by the Council of the City of Toronto does not require development charges for places of worship.

Contact:

Steve Franklin, P.Eng.

Director and Deputy Chief Building Official

(416) 396-5035

(416) 396-4266

SFranklin@city.scarborough.on.ca

The Scarborough Community Council reports, for the information of City Council, having received the following report (December 15, 1999) from the Director and Deputy Chief Building Official:

Purpose:

The purpose of this report is to respond to a request by Scarborough Community Council for information regarding this facility indicating whether the request for fee exemption is similar to the previous applications by Churchill Heights Church and Malvern Methodist Church, and a comparison with other Community Council area practices within the City of Toronto.

Financial Implications and Impact Statement:

(1) Building Permit Fees $8,080.00

(2) Development Charges $2,929.11 (City)

$1,355.92 (SPUC)

Recommendations:

For information only.

Background:

Since 1997, Scarborough Council has considered, and waived, permit fees and development charges on a case-by-case basis for four church-related developments. During this time, it also adopted a policy in regard to waiver of development charges under specific circumstances which expired on December 31, 1997.

The first of these four requests came from St. Nicholas Church. The Church requested the exemption on the basis that they were providing services to the local community. The request for waiver of building permits fees was granted by the Scarborough Council on April 29, 1997. Scarborough Council also waived the city portion of development charges on June 10, 1999. SPUC supported the Council decision and waived the SPUC portion of development charges. [ Fees waived: Building Permit Fees: $ 68,142.89 ; Development Charges : $ 28,310.26 ]

Subsequent to this, Malvern Church filed a request for exemption from the permit fees on the basis that they are making the facility available for community events and St. Nicholas Church was granted such an exemption. No development charges were due since these were paid prior to registration of the plans of subdivision. At the same time, St. Joseph's Parish also filed a request for exemption from the permit fees and development charges. A staff report was requested regarding the exemption of fees. At its meeting on September 16, 1997, Scarborough Council adopted the recommendations in report dated September 15, 1997, being:

"1. BUILDING PERMIT AND OTHER FEES: That Council reaffirm the City's existing policy of charging Building Permit fees for all development.

2. DEVELOPMENT CHARGES: That Council review and approve the policy in Appendix 'B' entitled "Waiver of Development Charges for Designated Developments".

3. EFFECTIVE DATE OF POLICY: That any policy approval be effective the date of Council approval until December 31, 1997."

On September 30, 1997, Scarborough Council directed "that Malvern Methodist Church be reimbursed in the amount of $12,837.62 for building permit fees". At the same meeting, Council waived the building permit fees and development charges for St. Joseph's Parish.

[St. Joseph's - Fees waived: Building Permit Fees: $ 16,250 ; Development Charges: $ 8,653.15]

In 1998, Churchill Heights Baptist Church requested waiver of fees. Scarborough Community Council's recommendation for waiving of building permit fees was adopted by the Council of the City of Toronto at its meeting held on July 8, 9, 10, 1998. Scarborough Community Council made recommendation only with respect to the permit fees, having been advised by the Senior Counsel, Legal Services, Scarborough, that the Procedure By-Law had not delegated authority to the Community Councils to discuss Development charges.

[ Fees waived : Building Permit Fee: $ 37,042.80 ]

The Building Permit for the Buddhist Centre at 4698 Kingston Road was issued in 1998. At that time, the applicant requested exemption from Development charges and the Building permit fees on the basis that other charitable institutions had been exempted from these charges. This request is similar in nature to other requests.

As to other Community Council area practices within the City of Toronto, there is no uniform policy regarding fee waivers. The former Borough of East York waived planning and building permit fees for certain types of commercial and industrial development between 1992 and 1995. Between 1995 and 1997, the former City of Scarborough waived building permit fees for expansions of industrial development. In Etobicoke, city-owned buildings and joint ventures with the school boards and library board were exempted from building permit fees.

A staff report is being prepared for exempting non-profit Housing from various charges. This report will be submitted to Planning and Transportation Committee. A separate report from the City Solicitor will be presented to Planning and Transportation Committee, in camera, regarding the Council's legislative authority to exempt non-profit housing from building permit fees and parkland dedication requirement.

Conclusions:

Request for exemption of fees from the Buddhist Centre is similar to the previous applications by Churchill Heights Church and Malvern Methodist Church.

At this time, there is no uniform policy for dealing with this issue.

Contact:

Steve Franklin, P.Eng., Director and Deputy Chief Building Official

(416) 396-5035

(416) 396-4266

SFranklin@toronto.ca

Mr. Gamini Wanigasekera, Solicitor, on behalf of the Toronto Mahavihara Society and Mr. Ben Seneviratne, Vice President of the Toronto Buddhist Centre, appeared before the Community Council in connection with the foregoing matter, and provided a list of community services which are provided free of charge by the Toronto Mahavihara Society, a copy of which was provided to all Members of Scarborough Community Council, and a copy of which is appended hereto for the information of City Council.