Process for responding to concerns about the calculation of the applicable charge

This page outlines the process for addressing questions or concerns about a development charge calculation applicable to a specific land development proposal, including payment under protest and statutory complaints. This process is not intended for challenges to the by-law itself, which is governed by a separate appeals process.

Background

Development charges applicable to land development proposals are calculated and collected by Toronto Building staff. Development charges are calculated based on plans and other information submitted with building permit and planning applications in accordance with the City’s development charges by-law and related policies. The City’s development charges by-law and rates can be found on the City’s development charges website.

Building permit applicants are encouraged to first work with Toronto Building staff regarding any questions or concerns on the calculation of a development charge.

The following information describes how an applicant may submit an inquiry challenging the application of the City of Toronto Development Charges By-law.

Making a Development Charge Calculation Inquiry or Complaint

Step 1

The applicant is encouraged to speak with Toronto Building staff about any concerns with the calculation of a development charge.

Step 2

If resolution was not achieved under Step one, the applicant may make a formal inquiry to the City, which may take the form of:

  1. Payment under protest filed with Toronto Building
  2. A written inquiry to Clerks at clerk@toronto.ca

The inquiry will be forwarded to Corporate Finance for review.

Step 3

Corporate Finance will acknowledge receipt of the inquiry within two business days, initiate an investigation and provide a written response within two weeks of acknowledgement of the inquiry.

As part of the investigation, Corporate Finance will make a determination if the inquiry is a complaint under section 20 of the Ontario Development Charges Act, 1997, c. 27, s. 20, which would entitle the applicant to certain procedural rights under the Act.

The City’s written response will include:

  • Confirmation of the applied charge or adjustment to the applied charge;
  • A determination if the inquiry constitutes a statutory complaint under section 20 of the Development Charges Act; and
  • Advice on procedural options available to the applicant, as appropriate

Step 4

If the matter is determined to be a Section 20 statutory complaint and is unresolved, staff will schedule a hearing at Executive Committee, with a final decision by Council, and advise the complainant on timelines and procedures, including the opportunity for the complainant to make representations at the hearing.

Step 5

If an applicant is not satisfied with a decision made in Step 4, or if a Section 20 complaint has not been dealt with within 60 days of the complaint, the applicant may appeal the decision to the Local Planning Appeals Tribunal.

Related Laws and Resources