O. Reg. 55/19: EDUCATION DEVELOPMENT CHARGES - GENERAL
filed March 29, 2019 under Education Act, R.S.O. 1990, c. E.2
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made under the
Education Act
Made: March 21, 2019
Filed: March 29, 2019
Published on e-Laws: March 29, 2019
Printed in The Ontario Gazette: April 13, 2019
Amending O. Reg. 20/98
(EDUCATION DEVELOPMENT CHARGES - GENERAL)
1. (1) Subparagraph 9 iii of section 7 of Ontario Regulation 20/98 is revoked and the following substituted:
iii. The rate shall be an amount that does not exceed the maximum rate, which is determined for each year of the proposed by-law by taking the lesser of,
A. the rate that, if applied over the period referred to in paragraph 1 to the estimated residential development in the area to which the by-law would apply and for which charges may be imposed, would not exceed the percentage of the forecasted growth-related net education land cost that is to be funded by charges on residential development, and
B. the rate determined under paragraph 9.1.
(2) Section 7 of the Regulation is amended by adding the following paragraph:
9.1 The rate referred to in sub-subparagraph 9 iii B shall be determined as follows:
i. In respect of the first year of the by-law, take the greater of,
A. the product of 1.05 and,
1. if a by-law is currently in force, the residential rate set out in that by-law that would apply, on the day immediately before the day the proposed by-law would come into force, to the area to which the proposed by-law would apply, or
2. if a by-law is not currently in force, the residential rate set out in the most recent by-law that would have applied, on the day that by-law expired, to the area to which the proposed by-law would apply, and
B. the sum of $300 and,
1. if a by-law is currently in force, the residential rate set out in that by-law that would apply, on the day immediately before the day the proposed by-law would come into force, to the area to which the proposed by-law would apply, or
2. if a by-law is not currently in force, the residential rate set out in the most recent by-law that would have applied, on the day that by-law expired, to the area to which the proposed by-law would apply.
ii. In respect of the second year of the by-law and each subsequent year, if applicable, take the greater of,
A. the product of 1.05 and the residential rate determined under subparagraph 9 iii in respect of the previous year of the by-law, and
B. the sum of $300 and the residential rate determined under subparagraph 9 iii in respect of the previous year of the by-law.
(3) Subparagraph 11 vi of section 7 of the Regulation is revoked and the following substituted:
vi. The rate (or rates if both types of rate are to apply under the by-law) shall be a rate determined such that it does not exceed the maximum rate, which is determined for each year of the proposed by-law by taking the lesser of,
A. the rate (or rates if both types of rate are to apply under the by-law) that, if applied over the period referred to in paragraph 1 to the estimated non-residential development in the area to which the by-law would apply and for which charges may be imposed, would not exceed the percentage of the forecasted growth-related net education land cost that is to be funded by charges on non-residential development, and
B. the rate (or rates if both types of rate are to apply under the by-law) determined under paragraph 12.
(4) Section 7 of the Regulation is amended by adding the following paragraph:
12. A rate referred to in sub-subparagraph 11 vi B shall be determined as follows:
i. In respect of the first year of the by-law, take the product of 1.05 and,
A. if a by-law is currently in force, the non-residential rate set out in that by-law that would apply, on the day immediately before the day the proposed by-law would come into force, to the area to which the proposed by-law would apply, or
B. if a by-law is not currently in force, the non-residential rate set out in the most recent by-law that would have applied, on the day that by-law expired, to the area to which the proposed by-law would apply.
ii. In respect of the second year of the by-law and each subsequent year, if applicable, take the product of 1.05 and the non-residential rate determined under subparagraph 11 vi in respect of the previous year of the by-law.
Commencement
2. This Regulation comes into force on the day it is filed.