Bill Pr10 2004

An Act respecting the
City of Brampton

Preamble

The Corporation of the City of Brampton, referred to in this Act as the city, has applied for special legislation to enable it to convey land at less than fair market value if the land had been conveyed or dedicated to the city for no or nominal monetary consideration as a condition of land development approval, is declared surplus by the city, is being conveyed back to the previous owner or to an owner of abutting property who is a successor in title to the previous owner of the land and the city is of the opinion that charging the fair market value for the conveyance would be inequitable in the circumstances.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Circumstances for sale of land below fair market value

1.  (1)  Despite section 106 of the Municipal Act, 2001, the city may convey land at less than fair market value to a person described in subsection (2) if all of the following circumstances apply:

1. The land was conveyed or dedicated to the city for no or nominal monetary consideration as a condition of a land development approval pursuant to subsection 41 (7), 42 (1), 51 (25) or 53 (12) of the Planning Act.

2. The city has declared the land surplus under subsection 268 (3) of the Municipal Act, 2001.

3. The by-law authorizing the conveyance states that the city council is of the opinion that it would be inequitable to convey the land at its fair market value.

Purchaser

(2)  Subsection (1) applies to a conveyance of land to,

(a) the previous owner of the land; or

(b) the owner of land abutting the land being conveyed, if the previous owner of the land being conveyed was also the owner of the abutting land at the time the land being conveyed was conveyed or dedicated to the city.

Commencement

2.  This Act comes into force on the day it receives Royal Assent.

Short title

3.  The short title of this Act is the City of Brampton Act, 2004.

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EXPLANATORY NOTE

The purpose of the Bill is set out in the Preamble.