Development Industry Files Affidavits to Review Impact Fee By-law

WINNIPEG – The Manitoba Home Builders’ Association (MHBA) and the Urban Development Institute (UDI), Manitoba Chapter filed affidavits today with the Manitoba Court of Queen’s Bench for the review of the Impact Fee by-law.

The court application process seeks an order declaring that the Impact Fee by-law is invalid on the grounds that the City of Winnipeg Charter does not provide the City the authority to enact it. The application also states the by-law is an indirect tax on Winnipeg homebuyers and that it is discriminatory in its collection of the Impact Fee.

“As was stated in January, the legal validity of the Impact Fee by-law has been in question since it was announced. Today’s action is simply the next step in the process that began with the initial filing.” said Mike Moore, Spokesperson for the two organizations.

Winnipeg City Council passed the Impact Fee by-law by a vote of 10 to 6 on October 26, 2016.

An explanation of the legal process is provided in the attached background material. Moore also stated that the affidavits provide a detailed overview of the rationale for UDI and MHBA’s position.

“UDI and its developer members remain committed to exploring fair and appropriate approaches to fund and plan for growth,” said Moore.

A direct link to the affidavits can be found at:

https://www.dropbox.com/sh/gjj5cxbc2y4b186/AAAblCPF5YfEFn2co4P4E3i3a?dl=0

Contact:

Mike Moore

Spokesperson, Urban Development Institute and the Manitoba Home Builders’ Association

204-479-2095

mmoore@homebuilders.mb.ca