ontario regulation 339/25

made under the

Development Charges Act, 1997

Made: December 11, 2025
Filed: December 15, 2025
Published on e-Laws: December 16, 2025
Published in The Ontario Gazette: January 3, 2026

Amending O. Reg. 82/98

(GENERAL)

1. Section 4 of Ontario Regulation 82/98 is amended by adding the following subsection:

(1.2) For greater certainty, if the council of a municipality proposes to pass a development charge by-law that provides for a class required under subsection 7 (3.1) of the Act, the costs of municipal capital works that are part of the class shall not be used in determining the quality of any other class or service for the purposes of subsection (1.1) of this Regulation.

2. (1) Subsection 8 (1) of the Regulation is amended by adding the following paragraphs:

2.1  A description of the methodology that was used to determine the allocation referred to in paragraph 2 and any assumptions relied on in determining the allocation.

. . . . .

4.1  A description of the methodology that was used to determine the allocation referred to in paragraph 4 and any assumptions relied on in determining the allocation.

(2) Section 8 of the Regulation is amended by adding the following subsection:

(1.1) If the council of a municipality proposes to pass a development charge by-law that provides for a class required under subsection 7 (3.1) of the Act, the development charge background study shall set out the information listed in paragraphs 1 to 5 of subsection (1) of this Regulation for each part of the class that relates to a service described in subsection 2 (4) of the Act.

3. The Regulation is amended by adding the following section:

Two or More Services Deemed to be One Service

11.3 For the purposes of subsection 41 (1.1) of the Act, water supply services, including distribution and treatment services, and waste water services, including sewers and treatment services, are deemed to be one service.

4. Subparagraphs 1 i and ii of subsection 12 (3) of the Regulation are revoked and the following substituted:

i.  the amount of money from each reserve fund established under section 33 of the Act that was spent during the year,

ii.  the amount and source of any other money that was spent on the project during the year,

iii.  the amount of money from each reserve fund established under section 33 of the Act that was expected to be spent under an agreement entered into by the municipality but that has not been spent as of the end of the year,

iv.  the amount of debt that has been accrued by the municipality in respect of the project as of the end of the year, and

v.  the part of any development charge background study that contains the estimated capital costs of the project, except where the statement of the treasurer identifies the project in the same way as in every applicable background study.

Commencement

5. This Regulation comes into force on the day it is filed.