(1) What happens if a…

(1) What happens if a further rezoning application and/or minor variance application and/or consent application is made for a site that is subject to a Section 37 Agreement? Should the municipality be allowed to ask for a CBC payment in those circumstances? If so, should it only be allowed in the circumstances where additional density is being sought and should this amount be prorated for the amount of the additional density? I don’t think it is fair that a municipality gets to ask for a CBC payment when you make a consent application to implement an approved development proposal that is subject to the old Section 37 regime. Also, it isn’t fair that the municipality can ask for a CBC payment when you are only asking for setback or parking variances.

(2) Is it fair to apply the same maximum percentage for the CBC payable for residential, commercial, mixed use, institutional and industrial developments especially considering there are different Section 37, DC and parkland requirements for these types of developments in various municipalities?

(3) Is it fair to apply the same maximum percentage for the CBC for intensification projects versus greenfield projects?

(4) Is it fair to apply the same maximum percentage for the CBC for all municipalities especially considering a number of municipalities do not currently have an alternative parkland dedication by-law in place?

(5) Under the situation where a developer is acting on an approval from the old Section 37 regime, is that developer still required to make a cash-in-lieu payment under the municipality old parkland by-law or is it based on a 5 percent payment for residential and 2 percent for all other uses?

(6) Under the situation where a developer is acting on an approval from the old Section 37 regime, which DC By-law is applicable at the time of issuance of the building permit? Will there be a "grand fathering Clause" to allow developments to proceed under a Section 37 regime if that application is already underway at the time of the CBC by-law coming into effect?

(7) For the minimum interest rate that municipalities are required to pay CBC refunds where a CBC By-law has been successfully appealed, is the proposed Bank of Canada Rate a fair rate especially considering developers would likely borrow at much higher rates to pay the applicable CBC payment? Should this rate be increased to at least the prime lending rate?