Development Charges Complaint Procedure
Should a project owner feel that the Regional development charges have been incorrectly applied, there is a procedure for issuing a complaint under the Development Charges Act, 1997.
A person, or the person's agent, may complain to Council in writing stating their name, address and reasons for the complaint if:
- The amount of the development charge was incorrectly determined
- A credit is available to be used against the development charge, or the amount of the credit or service with respect to which the credit was given, was incorrectly determined
- There was an error in the application of the Development Charges By-law
A complaint may not be made later than 90 days after the day the development charge, or any part of it, is payable.
Council shall hold a hearing into the complaint and shall give the complainant an opportunity to make representations at the hearing. After hearing the evidence and submissions of the complainant, Council may dismiss the complaint or rectify any incorrect determination or error that was the subject of the complaint.
The Clerk shall mail to the complainant, no later than 20 days after the decision is made, a notice of the Council's decision, and of the last day for appealing the decision, which shall be the day that is 40 days after the day the decision is made. A complainant may appeal the decision of Council to the Local Planning Appeal Tribunal (formerly Ontario Municipal Board) by filing with the Clerk, on or before the last day for appealing the decision, a notice of appeal setting out the reasons for the appeal.
Where the development charge is amended by Council or the Local Planning Appeal Tribunal (formerly Ontario Municipal Board), the municipality shall refund the excess charge or collect the additional amount.
Contact Financial Management and Planning for more information.
© Niagara Region - 1815 Sir Isaac Brock Way, Thorold, ON, L2V 4T7 - Phone: 905-980-6000, Toll-free: 1-800-263-7215
