Parkland Dedication

The By-law is currently under appeal to the Ontario Land Tribunal (OLT). However, the By-law remains in effect while the appeal is ongoing. As noted in the information below, recent changes to the Planning Act have superseded some of the parkland dedication and cash-in-lieu rates in the Town’s By-law. Town staff will update the By-law with the Planning Act changes and any other changes that may result from the appeal process.

The Planning Act allows municipalities to require land for parks or other public recreational purposes as a condition of development or redevelopment. Parkland can be provided through the physical conveyance of land to the Town, or as a cash payment in lieu of land conveyance. To implement this, the Town of Ajax passed its Parkland Dedication By-law, which outlines the applicable rates and requirements.

 What are the requirements for parkland dedication (conveyance of land)?

Commercial/Industrial Development or Redevelopment

Two percent (2%) of the lands shall be conveyed to the Town.

Residential Development or Redevelopment

  • Low Density Residential: land is to be conveyed at a rate of five percent (5%).
  • Medium Density Residential: land is to be conveyed at a rate of one (1) hectare per six hundred (600) dwelling units.*
  • High Density Residential: land is to be conveyed at a rate of one (1) hectare per six hundred (600) dwelling units.*

*The Town’s Parkland Dedication By-law identifies a different rate for the conveyance of land for parks and other recreational purposes; this rate reflects recent amendments to the Planning Act and supersedes the rate outlined in the Town’s Parkland Dedication By-law. The Town will continue to monitor legislative changes and update the By-law as required.

Other Development or Redevelopment

Five percent (5%) of land shall be conveyed to the Town.

 What are the requirements for parkland dedication (cash-in-lieu)?

In certain cases where land for parks and other recreational purposes cannot be provided, with the Town’s approval, developers may fulfill parkland dedication requirements by providing cash-in-lieu. This payment is based on the market value of the land that would otherwise be conveyed, and would be kept in a special reserve account used only to buy parkland elsewhere in the Town.

Commercial/Industrial Development or Redevelopment

Two percent (2%) of the market value of the land that would otherwise be conveyed to the Town.

Residential Development or Redevelopment

  • Low Density Residential: five percent (5%) of the market value of land that would otherwise be conveyed.
  • Medium Density Residential: the market value of the land that would be otherwise conveyed to the Town at a rate of one (1) hectare per one thousand (1000) dwelling units.*
  • High Density Residential: the market value of the land that would be otherwise conveyed to the Town at a rate of one (1) hectare per one thousand (1000) dwelling units.*

*The Town’s Parkland Dedication By-law identifies a different rate for cash-in-lieu of land for parks and other recreational purposes; this rate reflects recent amendments to the Planning Act and supersedes the rate outlined in the Town’s Parkland Dedication By-law. The Town will continue to monitor legislative changes and update the By-law as required.

Other Development or Redevelopment

Five percent (5%) of the market value of land that would otherwise be conveyed to the Town.

 When is parkland dedication not required?

Parkland dedication is not collected for: 

  • Government or Conservation Authority owned lands, buildings or structures;
  • Additions to a residential building that do not result in an increase in dwelling units, excluding Accessory Dwelling Units (ADUs);
  • The creation of up to two (2) ADUs on land containing an existing detached, semi-detached or townhouse dwelling permitted in accordance with the Town’s Official Plan and Zoning By-law;
  • Additions to existing Commercial and Industrial buildings;
  • Schools or school boards lands, buildings or structures;
  • Hospital or hospice lands, buildings or structures;
  • The replacement of any building after disasters, provided that there is no increase in density or gross floor area beyond which previously existed;
  • Temporary buildings, structures, or uses pursuant to Section 39 of the Planning Act;
  • Agricultural buildings or structures (excluding greenhouses);
  • Cemeteries; and
  • Not-for-profit housing development.

Parkland Dedication By-law

Community Benefits Charges

The By-law is currently under appeal to the Ontario Land Tribunal (OLT). However, the By-law remains in effect while the appeal is ongoing. Town staff will update the By-law if any changes result from the appeal process.

Community Benefits Charges (CBCs) are fees collected by municipalities to pay for the capital costs of facilities, services and matters related to high density development and redevelopment. These charges are collected alongside Development Charges and Parkland Dedication tools. CBCs replace the former Section 37 Height and Density Bonusing provisions of the Planning Act.

When are CBCs collected?
They are collected for development or redevelopment projects that:
  • Are buildings or structures five (5) storeys in height or more; and
  • Contain ten (10) or more residential units.

The Planning Act permits municipalities to collect up to a maximum of 4% of the land value at the time a building permit is issued.

Community Benefits Charges are not collected for:

  • Development of a proposed building or structure with fewer than five (5) storeys;
  • Development of a proposed building or structure with fewer than ten (10) residential units;
  • Redevelopment of an existing building or structure that will have fewer than five (5) storeys after redevelopment;
  • Redevelopment that proposes to add fewer than 10 residential units to an existing building or structure;
  • Long-term care homes;
  • Retirement homes;
  • Post-secondary institutions;
  • A memorial home, clubhouse, or athletic grounds used by an Ontario branch of the Royal Canadian Legion;
  • Hospice;
  • Not-for-profit housing;
  • Affordable rental units, inclusionary zoning residential units or attainable residential units; and
  • Residential or mixed-use on lands with an agreement under a Community Improvement Plan approved prior to the CBC By-law coming into effect.
What are CBCs used for?

CBCs are collected and held in a dedicated reserve fund to pay for community infrastructure such as public art, parkland acquisition, and other municipal wide services related to corporate initiatives, information technology, and wetland restoration. The Town’s Community Benefits Charge Strategy identifies all capital improvements planned to be funded by CBCs.

In order for a municipality to collect CBCs, they must first develop and publish a Community Benefits Charge Strategy, and pass a Community Benefits Charge By-law. Click on the drop-down below to read the Town’s Community Benefits Charge Strategy and By-law. 

Community Benefits Charge Strategy

The Community Benefits Charge Strategy is required to document the:

  • Anticipated development in the Town of Ajax;
  • Increase in demand for additional facilities, services and matters as a result of qualifying development;
  • Projects that would be funded to mitigate the impacts of increased demand for facilities and services resulting from anticipated development and redevelopment; and
  • Charge calculations to recover eligible costs.

Read the Strategy here:

Community Benefits Charge Strategy

Community Benefits Charge By-law
The By-law establishes a new Community Benefits Charge of 4% on eligible high-density development to pay for the capital costs of facilities, services and matters required because of development or redevelopment. 

The CBC By-law also includes technical and administrative provisions for definitions, exempt development, the consideration of ‘in-kind’ contributions, and reserve fund language.

 Community Benefits Charge By-law