Community Benefits Charges is a funding tool enacted under the Planning Act, R.S.O. 1990, c.P.13, under Part V, Section 37. This source of funding helps municipalities pay for growth related capital investment in facilities and services due to development or redevelopment in the area. This tool replaces the former section 37 height and density bonusing in the Act.
Community Benefits Charges Strategy and By-law
Prior to collecting fees the City is required to enact a Community Benefits Charges By-law supported by a Community Benefits Charges Strategy.
Community Benefits Charges Payable
Community Benefits Charges are paid as a one-time fee to the City of Niagara Falls and collected as part of the building permit fee process.
Community Benefits Charges are levied against higher density development with 5 or more stories and 10 or more residential units. The City of Niagara Falls Community Benefits Charge is set at 4% of the land value the day before the first building permit is issued in respect of the development or redevelopment.
The following are excluded from land value:
- any existing residential units that are not demolished on the subject land; and
- any existing non-residential use that is not demolished or converted to residential use on the subject land.
Exemptions
The following developments or redevelopments are exempt from Community Benefits Charges as prescribed under O. Reg. 509/20:
- Long-term care homes within the meaning of subsection 2 (1) of the Fixing Long-Term Care Act, 2021.
- Retirement homes within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010.
- Universities, Colleges and Indigenous Institutes
- Memorial homes, clubhouses or athletic grounds by an Ontario branch of the Royal Canadian Legion
- Hospices intended to provide end of life care
- Non-profit housing
The City of Niagara Falls has also developed an additional discretionary exemption from Community Benefits for the following:
This exemption requires that the developer enter into a legal agreement with the City of Niagara Falls to ensure attainable housing remains attainable for a minimum of 20 years.
