Challenges
Under the Development Charges Act, 1997, a person required to pay a development charge, or that person’s agent, is entitled to submit a complaint to challenge a development charge collected under By-law 2019-100 for the following reasons:
- the amount of the development charge was incorrectly determined;
- whether a credit is available to be used against the development charge or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; or
- there was an error in the application of the development charge by-law.
The complaint must be in writing, must state the complainant’s name, the address where notice can be given to the complainant and the reasons for the complaint as set out above.
What is the deadline to submit a complaint?
The person required to pay a development charge or that person’s agent, must submit a complaint to the Hearing Committee in writing within 90 days after the day the development charge, or any part of it, is payable according to the Development Charges Act. The ability for a person to submit a complaint is forfeited after the 90-day time period.
If the complaint does not meet the statutory requirements, the City Clerk will notify the complainant in writing as to the nature of the deficiency and that no hearing can be scheduled as a result.
The City Clerk will provide the complainant with at least 14 days notice of a meeting of the Hearing Committee. The complainant will have an opportunity to make representation at the Hearing Committee.
After hearing the evidence and submissions of the complainant, the Hearing Committee may dismiss the complaint or rectify any incorrect determination of amount or error that was the subject of the complaint.
Request for Review
Prior to filing a complaint, a person can request a review in writing to the Chief Building Official to review the calculation of the development charge for the reasons identified above. This request does not represent a complaint to the Hearing Committee as the person can file a complaint after the results of the request for review. However, the complaint must be submitted in writing to the City Clerk within 90 days after the day the development charges, or any part of it is payable.
Complaints can be submitted to:
Office of the City Clerk,
City of Greater Sudbury,
P. O. Box 5000, Station A,
Sudbury, ON P3A 5P3
Or hand-delivered to the Office of the City Clerk, City of Greater Sudbury, Second Floor, Tom Davies Square, 200 Brady St., Sudbury, during regular business hours of 8:30 a.m. to 4:30 p.m., Monday to Friday.