At the April 25, 2022 Oshawa City Council meeting, council adopted the following recommendation of the Development Services Committee:
"That pursuant to Report DS-22-78 dated April 6, 2022, Development Services staff be authorized to advance the Recommended Work Plan as generally described in Section 5.2 of said Report to respond to the legislative requirements of Bill 197 and associated amendments to Section 42 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, concerning consultation on alternative parkland dedication rates and the passing of a new parkland dedication by-law containing the alternative parkland dedication rates."
A copy of By-law 91-2007 can be viewed on the City’s website using the following link: https://www.oshawa.ca/uploads/16/ParklandDedicationBy-law91-2007.pdf.
If the City does not pass a parkland dedication by-law containing new alternative rates by September 18, 2022, the City will no longer be able to utilize alternative rates for parkland dedication. Rather, the City would only be able to use the rates stipulated in Subsection 42(1) of the Planning Act. In this regard, the rate for parkland dedication would be in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2% and in all other cases 5% of the total land area.
The City’s existing alternative parkland dedication rates are outlined in Sections 10, 10.1, 10.2, and 11 of Parkland Dedication By-law 91-2007 as follows:
“10. Notwithstanding paragraph 3, in the case of development or redevelopment of land for residential purposes, City Council may require the conveyance of land to the City for Park Purposes at a rate of one hectare for each 300 dwelling units proposed.
10.1 Notwithstanding paragraph 3 and paragraph 10, in the case of development or redevelopment of land for residential purposes, City Council may require cash-in-lieu of the conveyance of land for Park Purposes at a rate of one hectare for each 500 dwelling units proposed.
10.2 In the case of mixed commercial and residential development proposals subject to any of the rates in paragraphs 10 or 10.1, the rates shall be applied only to the residential component.
11. The rates specified in paragraph 10 and 10.1 may be applied to blocks within plans of subdivision in which these rates would yield a conveyance greater than five percent, provided such blocks are excluded from the calculation of the conveyance of land to be required in accordance with subparagraphs 3(a) and 3(b) of this by-law.”
The City of Oshawa is seeking input on the existing alternative parkland dedication rates as outlined above. As noted in Report DS-22-78, it is the City’s intention to continue to use, from September 18, 2022 onward, these same alternative parkland dedication rates in the context of a new parkland dedication by-law once By-law 91-2007 expires on September 18, 2022. September 18, 2022 is the two (2) year expiration date enacted under Bill 197 for all existing municipal parkland dedication by-laws in the Province containing alternative parkland dedication rates.
If you have comments on this matter, please contact Stacey.