O. Reg. 371/19: EDUCATION DEVELOPMENT CHARGES - GENERAL
filed November 8, 2019 under Education Act, R.S.O. 1990, c. E.2
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made under the
Education Act
Made: October 25, 2019
Filed: November 8, 2019
Published on e-Laws: November 8, 2019
Printed in The Ontario Gazette: November 23, 2019
Amending O. Reg. 20/98
(EDUCATION DEVELOPMENT CHARGES - GENERAL)
1. Ontario Regulation 20/98 is amended by adding the following section:
Exemption for Certain types of Properties
6.1 (1) A board shall exempt an owner from education development charges if one of the following conditions is satisfied:
1. Subject to subsection (2), the development would construct, erect or place a building or structure, or make an addition or alteration to a building or structure for one of the following purposes:
i. A private school.
ii. A long-term care home, as defined in the Long-Term Care Homes Act, 2007.
iii. A retirement home, as defined in the Retirement Homes Act, 2010.
iv. A hospice or other facility that provides palliative care services.
v. A child care centre, as defined in the Child Care and Early Years Act, 2014.
vi. A memorial home, clubhouse or athletic grounds owned by the Royal Canadian Legion.
2. The owner is a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002.
3. The owner is a university that receives regular and ongoing operating funds from the Government of Ontario for the purposes of post-secondary education.
4. The owner is an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017.
(2) If only a portion of a building or structure, or an addition or alteration to a building or structure, referred to in paragraph 1 of subsection (1) will be used for a purpose identified in that paragraph, only that portion of the building, structure, addition or alteration is exempt from an education development charge.
2. (1) Paragraph 3 of section 7 of the Regulation is amended by adding “and subject to the Minister’s approval under section 10” after “in the opinion of the board”.
(2) Section 7 of the Regulation is amended by adding the following paragraphs:
3.1 The board shall estimate the total number of new school pupils who were or who are, for each of the years referred to in paragraph 1, expected to be generated by new dwelling units that were, since the coming into force of the currently in force or, subject to subsection (2), the most recently expired by-law, as the case may be, built in the area in which the charges are to be imposed under the proposed by-law.
3.2 The board shall determine the number of existing and planned school pupil places that, in the opinion of the board and subject to the Minister’s approval under section 10, could reasonably be used to accommodate the estimated total number of new school pupils referred to in paragraph 3.1.
3.3 The board shall subtract the number determined under paragraph 3.2 from the number estimated under paragraph 3.1.
3.4 The board shall add the number determined under paragraph 3.3 to the number estimated under paragraph 3.
(3) Paragraph 4 of section 7 of the Regulation is amended by striking out “the number of new school pupils estimated under paragraph 3” at the end and substituting “the number of new school pupils determined under paragraph 3.4”.
(4) Sub-subparagraph 9.1 i A of section 7 of the Regulation is amended by striking out “or” at the end of sub-sub-subparagraph 1, by striking out “and” at the end of sub-sub-subparagraph 2 and substituting “or” and by adding the following sub-sub-subparagraph:
3. zero, if a by-law has never applied to the area to which the proposed by-law would apply, and
(5) Sub-subparagraph 9.1 i B of section 7 of the Regulation is amended by striking out “or” at the end of sub-sub-subparagraph 1, by adding “or” at the end of sub-sub-subparagraph 2 and by adding the following sub-sub-subparagraph:
3. zero, if a by-law has never applied to the area to which the proposed by-law would apply.
(6) Paragraphs 11 and 12 of section 7 of the Regulation are revoked and the following substituted:
11. If the charges are to be imposed on non-residential development, the board shall determine the charges, which shall be expressed as a rate to be applied to the board-determined GFA of the development and shall satisfy the following requirements:
i. The rate shall be the same throughout the area in which charges are to be imposed under the by-law.
ii. The rate 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 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 determined under paragraph 12.
12. A rate referred to in sub-subparagraph 11 ii 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 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,
2. 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, or
3. zero if a by-law has never applied to the area to which the proposed by-law would apply, and
B. the sum of $0.10 and,
1. if a by-law is currently in force, the non-residential rate set out in that by-law per square foot 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,
2. if a by-law is not currently in force, the non-residential rate set out in the most recent by-law per square foot that would have applied, on the day that the by-law expired, to the area to which the proposed by-law would apply, or
3. zero if a by-law has never applied to the area to which the proposed by-law would apply, and
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 non-residential rate determined under subparagraph 11 ii in respect of the previous year of the by-law, and
B. the sum of $0.10 and the non-residential rate determined under subparagraph 11 ii in respect of the previous year of the by-law.
(7) Section 7 of the Regulation is amended by adding the following subsections:
(2) For the purposes of estimating the number of new school pupils under paragraph 3.1 of subsection (1), the board shall only consider the most recently expired by-law if that by-law came into force no more than six years before the day the board intends to have the proposed by-law come into force.
(3) For the purposes of determining the rate under subparagraphs 9.1 i and 12 i of subsection (1),
(a) if, with respect to the area to which the proposed by-law would apply, the area is currently the subject of more than one in force by-law, more than one expired by-law, or a combination of the two, the board shall use the lower of the rates set out in those by-laws; and
(b) if, with respect to the area to which the proposed by-law would apply, part of the area is currently the subject of an in force or expired by-law and part of the area is not the subject of any in force or expired by-laws, the board shall use zero.
3. Section 8 of the Regulation and the heading immediately before section 8 are revoked and the following substituted:
Alternative Projects - NOtice
8. (1) For the purposes of subsection 257.53.1 (3) of the Act, the prescribed time period within which the board must provide notice to the Minister is at least 60 days prior to the day the board makes any changes to an alternative project or a proposed allocation of revenue approved under subsection 257.53.1 (2).
(2) For the purposes of subsection 257.53.1 (4) of the Act, the prescribed time period within which the Minister must notify the board that a proposed change shall not be made is not more than 60 days from the day the notice referred to in subsection (1) of this section is provided.
4. (1) Subparagraph 1 i of section 10 of the Regulation is amended by striking out “without the adjustments set out in that paragraph being made, and” at the end and substituting “and the number of existing school pupil places that could reasonably be used to accommodate those new school pupils”
(2) Paragraph 1 of section 10 of the Regulation is amended by adding the following subparagraphs:
i.1 the board’s estimates under paragraph 3.1 of subsection 7 (1), for each of the years required under that paragraph,
i.2 the board’s estimates of existing and planned school pupil places under paragraph 3.2 of subsection 7 (1), and
(3) Paragraph 4 of section 10 of the Regulation is revoked.
5. (1) Subsection 11 (1) of the Regulation is amended by striking out “shall be given in one of the following ways” in the portion before paragraph 1 and substituting “shall be given in one of the following ways and in accordance with subsection (3)”.
(2) Paragraph 1 of subsection 11 (1) of the Regulation is amended by striking out “fax” and substituting “electronic mail”.
(3) Section 11 of the Regulation is amended by adding the following subsection:
(3) The notice referred to in subsection (1) shall be posted on the board’s website and contain the location, date and time of the public meeting.
6. (1) Paragraph 1 of subsection 12 (2) of the Regulation is amended by striking out “fax” and substituting “electronic mail”.
(2) Subsection 12 (4) of the Regulation is amended by striking out “fax” in the portion before paragraph 1 and substituting “electronic mail”.
7. Subsections 14 (3) and (4) of the Regulation are revoked and the following substituted:
(3) Notice to a person or organization described in paragraph 1, 2 or 3 of subsection (2) shall be given by personal service, electronic mail or mail.
(4) The information required under subsection (5) to be set out in the notice shall be posted on the board’s website.
8. Subsections 15 (3) and (4) of the Regulation are revoked and the following substituted:
(3) Notice to a person or organization described in paragraph 1, 2, 3 or 4 of subsection (2) shall be given by personal service, electronic mail or mail.
(4) The information required under subsection (5) to be set out in the notice shall be posted on the board’s website.
9. (1) Subsection 16 (2) of the Regulation is amended by adding the following clause:
(a.1) for alternative projects for which the allocation of revenue raised by education development charges has been approved by the Minister under section 257.53.1 of the Act;
(2) Clause 16 (2) (c) of the Regulation is revoked.
10. Paragraph 7 of subsection 20 (1) of the Regulation is amended by adding “if applicable” after “The total declared value” at the beginning.
11. (1) The heading immediately before section 21 of the Regulation is amended by striking out “Pamphlets” and substituting “Information”.
(2) Subsection 21 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting:
(1) For each education development charge by-law, a board shall post on its website,
(3) Subsection 21 (2) of the Regulation is amended by striking out “prepare the pamphlet” in the portion before clause (a) and substituting “post the information referred to in subsection (1) on its website”.
(4) Subsection 21 (3) of the Regulation is amended by striking out “pamphlet for the by-law” and substituting “information on its website”.
(5) Subsection 21 (4) of the Regulation is amended by striking out “pamphlet” in the portion before clause (a) and substituting “information on its website”.
(6) Subsections 21 (5), (6) and (7) of the Regulation are revoked.
Commencement
12. This Regulation comes into force on the later of November 1, 2019 and the day it is filed.