Under the former Section 37 of the Planning Act, municipalities could negotiate the provision of facilities, services or other matters (i.e. Community Benefits) from development applications seeking an increase in height and/ or density beyond that permitted by the zoning bylaw. There were limited parameters to guide these negotiations. Through Bill 197, the COVID-19 Economic Recovery Act, the Province replaced Section 37 with a new growth-related funding mechanism called Community Benefits Charges. The new Community Benefits Charge tool allows municipalities, through bylaw, to levy a charge against new development that is at least five storeys in height and that provides at least 10 residential units, with limited exceptions, rather than only against development that was seeking an increase in height and or density.

Prior to enacting a bylaw to levy a community benefits charge, the Planning Act requires municipalities to prepare a community benefits charge strategy. The community benefits charge strategy is required to document the increase in demand for additional facilities, services and matters as a result of qualifying development, document the projects that would be funded to mitigate these impacts and calculate a charge to recover eligible costs. The amount of the community benefits charge cannot exceed four per cent of the value of the land as of the valuation date, being the day before the first (or only) Building Permit is issued in respect of the development or redevelopment.

The City of Kingston retained Watson & Associates Economists Ltd to prepare the Community Benefits Charge Strategy. The draft Community Benefits Charge Strategy and Bylaw was presented at a non-statutory public meeting on Sept. 15, 2022. Prior to Council approval of the Community Benefits Charge Strategy and Bylaw, the Province of Ontario introduced further changes to Section 37 of the Planning Act through Bill 23, More Home Built Faster Act. As a result of these changes, modifications to the Community Benefits Charges Bylaw were required. The final Community Benefits Charge Strategy and Bylaw was approved by Council on July 11, 2023 and came into effect on July 12, 2023 with the Mayoral Decision.

The following Community Benefits Charges apply to qualifying development, in accordance with Bylaw 2023-142, charges are per unit.

Two bedrooms or more = $856
One bedroom or less = $598