Emerging Changes and Issues with Offsite Levies Alberta Development Officers Association September 29, 2016 Lorne I. Randa Partner

Offsite Levies(s. 648) A cost recovery mechanism imposed by bylaw Not a tax No special recovery or collection rights/ remedies

OSL vs. Development Charges Off-site Levy Established by bylaw Imposed at subdivision approval or development permit Typically for “off-site” infrastructure Big ticket infrastructure Strict statutory requirements on setting rates Development Charges Imposed as condition of subdivision approval or development permit pursuant to ss. 650, 651 or 655 Obligation to pay for “localized” infrastructure necessary to service or access proposed subdivision/development Method of calculating charges left to municipal discretion Confusion by the Courts – Implications??

Bill 21 – the Modernization of the Municipal Government Act Municipalities must compile and keep updated a list of policies Policies that may be considered in making decisions under Part 17 of the MGA Will this include policies and practices related to collection of OSL?

Expansion of Offsite Levies To fund or reimburse the cost of new infrastructure: Community Recreation Facilities Fire Halls Police Stations Libraries Related appurtenances and required lands

Expansion of Offsite Levies At least 30% of the benefit of the purpose attributed to occupants of the lands imposed with levy To be clarified in Regulations No levy previously imposed Previous contributions will be deemed to be levy previously paid Appeal to the MGB Whether 30% threshold met Satisfies principles and criteria regulation Not for capital costs Calculation of levy Already imposed and collected

Offsite Levies Challenges Multiple avenues to challenge offsite levies To courts on validity of bylaw To courts for judicial review To SDAB upon imposition at subdivision approval or development permit To MGB on levies for soft services only

Municipal Helpline Service Lorne I. Randa Partner Municipal Helpline Service 780.497.4832 lranda@brownleelaw.com Toll Free 1-877-232-8303