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ARTICLE · 28 NOVEMBER 2022

Builder Beware: Ontario Court Of Appeal Allows Multiple Municipality Infrastructure Charges

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On October 31, 2022, in the case of Stelmach Project Management Ltd. v. City of Kingston, the Ontario Court of Appeal held that the City of Kingston may rely on the Municipal Act to enact by-laws imposing fees ...

CanadaLitigation, Mediation & Arbitration
Andrew Jeanrie
Andrew Jeanrie
Vanessa Colton
Vanessa Colton
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On October 31, 2022, in the case of Stelmach Project Management Ltd. v. City of Kingston, the Ontario Court of Appeal held that the City of Kingston may rely on the Municipal Act to enact by-laws imposing fees based on the capital cost of installing water and sanitary sewer infrastructure.

The implications of this decision could extend well beyond the particular development in question, potentially opening a path for municipalities to create a second source of charges -in addition to development charges -to apply against land development in Ontario. Furthermore, this second source would be one that does not have the same legislative and procedural controls as development charges. Given recent and proposed changes to development charges, parkland contributions and the replacement of the former section 37 contributions with the community benefits charge, this decision could very well result in an increased usage of these alternative Municipal Act fees and charges on

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