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

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

3. 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??

4. 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?

5. 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

6. 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

7. 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

8. Municipal Helpline Service
Lorne I. Randa
Partner
Municipal Helpline Service
Toll Free