O. Reg. 192/07: TORONTO-YORK SUBWAY EXTENSION

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ONTARIO REGULATION 192/07

made under the

DEVELOPMENT CHARGES ACT, 1997

Made: May 2, 2007
Filed: May 4, 2007
Published on e-Laws: May 7, 2007
Printed in The Ontario Gazette: May 19, 2007

TORONTO-YORK SUBWAY EXTENSION

Application

1. This Regulation applies to the City of Toronto and The Regional Municipality of York.

Further definition

2. For greater clarity, the term “Toronto-York subway extension” in subsection 5.1 (1) of the Act includes,

(a) real property for rights of way, subway stations, subway commuter facilities and related facilities;

(b) subway commuter facilities such as parking lots, bus terminals and passenger pick-up and drop-off facilities;

(c) subway stations, including entrances, exits and ancillary station facilities such as ventilation shafts;

(d) subway trains;

(e) vehicles for subway maintenance and service;

(f) tunnel and signal systems;

(g) track systems and running structures, including crossovers, tailtracks and ancillary operating facilities;

(h) power systems, including traction power substations;

(i) road works, utility relocations and traffic management measures to facilitate the construction and operation of the subway, subway trains, subway stations and subway commuter facilities, including,

(i) new access roads,

(ii) road widenings,

(iii) traffic and transit priority signals, and

(iv) reserved bus lanes;

(j) ancillary maintenance and storage facilities, including yard connections; and

(k) emergency exits and ancillary buildings at the surface level.

Planned level of service

3. The following method and criteria shall be used to estimate the planned level of service for the Toronto-York subway extension:

1. The Toronto-York subway extension is a discrete service.

2. The existing level of service for the Toronto-York subway extension is zero as of the date of the completion of the first background study by the municipality under section 10 of the Act that incorporates the cost of the Toronto-York subway extension.

3. The planned level of service for the Toronto-York subway extension is complete construction and readiness for full operation.

Background studies

4. Any background study by the municipality under section 10 of the Act that incorporates the cost of the Toronto-York subway extension shall set out the estimated capital costs relating to the Toronto-York subway extension and shall indicate what portion of those costs are considered to benefit,

(a) existing development as of the date of the completion of the background study;

(b) development during the 10-year period that follows the completion of the background study; and

(c) development after the 10-year period mentioned in clause (b).

Reserve fund records

5. (1) Each municipality shall keep records of its reserve fund established for the Toronto-York subway extension.

(2) The records of each reserve fund shall be sufficient to demonstrate that all money paid into the fund has been or will be used for the purposes for which it was collected.

Commencement

6. This Regulation comes into force on the later of the following days:

1. The day section 2 of Schedule H to the Budget Measures Act, 2006 (No. 2) comes into force.

2. The day this Regulation is filed.

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