O. Reg. 428/15: GENERAL
filed December 17, 2015 under Development Charges Act, 1997, S.O. 1997, c. 27
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made under the
Development charges act, 1997
Made: December 9, 2015
Filed: December 17, 2015
Published on e-Laws: December 18, 2015
Printed in The Ontario Gazette: January 2, 2016
Amending O. Reg. 82/98
(General)
1. Subsection 1 (2) of Ontario Regulation 82/98 is revoked and the following substituted:
(2) For the purposes of this Regulation, a reference to transit services does not include the Toronto-York subway extension.
2. The Regulation is amended by adding the following section:
Ineligible Services, Subsection 2 (4) of Act
Ineligible services
2.1 (1) The following are prescribed as ineligible services for the purposes of subsection 2 (4) of the Act:
1. The provision of cultural or entertainment facilities, including museums, theatres and art galleries but not including public libraries.
2. The provision of tourism facilities, including convention centres.
3. The acquisition of land for parks.
4. The provision of a hospital as defined in the Public Hospitals Act.
5. The provision of landfill sites and services.
6. The provision of facilities and services for the incineration of waste.
7. The provision of headquarters for the general administration of municipalities and local boards.
(2) For the purposes of paragraph 3 of subsection (1),
“land for parks”,
(a) includes land for woodlots and land that is acquired because it is environmentally sensitive, and
(b) does not include land for an enclosed structure used throughout the year for public recreation and land that is necessary for the structure to be used for that purpose, including parking and access to the structure.
3. The Regulation is amended by adding the following section:
Prescribed Services, Section 5.2 of the Act
6.1 (1) All transit services are prescribed services for the purposes of section 5.2 of the Act.
(2) The following method and criteria shall be used to estimate the planned level of service for a prescribed service:
1. The service is a discrete service.
2. No portion of the service that is intended to benefit anticipated development after the 10-year period immediately following the preparation of the background study may be included in the estimate.
3. No portion of the service that is anticipated to exist as excess capacity at the end of the 10-year period immediately following the preparation of the background study may be included in the estimate.
(3) For greater certainty, paragraphs 2 and 3 of subsection (2) do not prevent the inclusion in any subsequent estimate of the portion of a service that is intended to benefit development over the 10-year period immediately following the preparation of the background study related to that subsequent estimate, even if that portion of the service was excluded from a previous estimate.
4. Section 8 of the Regulation is amended by adding the following subsections:
(2) Any background study by the municipality under section 10 of the Act that incorporates the cost of transit services shall set out the following:
1. The calculations that were used to prepare the estimate for the planned level of service for the transit services, as mentioned in subsection 5.2 (3) of the Act.
2. An identification of the portion of the total estimated capital cost relating to the transit services that would benefit,
i. the anticipated development over the 10-year period immediately following the preparation of the background study, or
ii. the anticipated development after the 10-year period immediately following the preparation of the background study.
3. An identification of the anticipated excess capacity that would exist at the end of the 10-year period immediately following the preparation of the background study.
4. An assessment of ridership forecasts for all modes of transit services proposed to be funded by the development charge over the 10-year period immediately following the preparation of the background study, categorized by development types, and whether the forecasted ridership will be from existing or planned development.
5. An assessment of the ridership capacity for all modes of transit services proposed to be funded by the development charge over the 10-year period immediately following the preparation of the background study.
(3) If a council of a municipality proposes to impose a development charge in respect of transit services, the asset management plan referred to in subsection 10 (2) (c.2) of the Act shall include the following in respect of those services:
1. A section that sets out the state of local infrastructure and that sets out,
i. the types of assets and their quantity or extent,
ii. the financial accounting valuation and replacement cost valuation for all assets,
iii. the asset age distribution and asset age as a proportion of expected useful life for all assets, and
iv. the asset condition based on standard engineering practices for all assets.
2. A section that sets out the proposed level of service and that,
i. defines the proposed level of service through timeframes and performance measures,
ii. discusses any external trends or issues that may affect the proposed level of service or the municipality’s ability to meet it, and
iii. shows current performance relative to the targets set out.
3. An asset management strategy that,
i. sets out planned actions that will enable the assets to provide the proposed level of service in a sustainable way, while managing risk, at the lowest life cycle cost,
ii. is based on an assessment of potential options to achieve the proposed level of service, which assessment compares,
A. life cycle costs,
B. all other relevant direct and indirect costs and benefits, and
C. the risks associated with the potential options,
iii. contains a summary of, in relation to achieving the proposed level of service,
A. non-infrastructure solutions,
B. maintenance activities,
C. renewal and rehabilitation activities,
D. replacement activities,
E. disposal activities, and
F. expansion activities,
iv. discusses the procurement measures that are intended to achieve the proposed level of service, and
v. includes an overview of the risks associated with the strategy and any actions that will be taken in response to those risks.
4. A financial strategy that,
i. shows the yearly expenditure forecasts that are proposed to achieve the proposed level of service, categorized by,
A. non-infrastructure solutions,
B. maintenance activities,
C. renewal and rehabilitation activities,
D. replacement activities,
E. disposal activities, and
F. expansion activities,
ii. provides actual expenditures in respect of the categories set out in sub-subparagraphs i A to F from the previous two years, if available, for comparison purposes,
iii. gives a breakdown of yearly revenues by source,
iv. discusses key assumptions and alternative scenarios where appropriate, and
v. identifies any funding shortfall relative to financial requirements that cannot be eliminated by revising service levels, asset management or financing strategies, and discusses the impact of the shortfall and how the impact will be managed.
(4) For the purposes of subsection (3), the proposed level of service may relate to a time after the 10-year period immediately following the preparation of the background study.
5. Section 15 of the Regulation is revoked.
6. Paragraph 4 of section 17 of the Regulation is revoked and the following substituted:
4. If a credit has been recognized under this section with respect to a service referred to in paragraphs 1 to 7 of subsection 2 (4) of the new Act, as those provisions read before the day subsection 2 (2) of the Smart Growth for Our Communities Act, 2015 comes into force, the value of the credit cannot be recovered from future development charges.
7. Subsection 18 (1) of the Regulation is revoked and the following substituted:
(1) This section applies with respect to a debt, other than credits, incurred with respect to a service referred to in paragraphs 1 to 7 of subsection 2 (4) of the new Act, as those provisions read before the day subsection 2 (2) of the Smart Growth for Our Communities Act, 2015 comes into force, under a development charge by-law under the old Act that expires or is repealed during the transition period or expires, under section 63 of the new Act, at the end of the transition period.
Commencement
8. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.
(2) Sections 1, 2, 5, 6 and 7 come into force on the day subsection 2 (2) of the Smart Growth for Our Communities Act, 2015 comes into force.
(3) Section 3 comes into force on the day section 4 of the Smart Growth for Our Communities Act, 2015 comes into force.
(4) Section 4 comes into force on the day section 5 of the Smart Growth for Our Communities Act, 2015 comes into force.