O. Reg. 438/18: EDUCATION DEVELOPMENT CHARGES - GENERAL
filed October 12, 2018 under Education Act, R.S.O. 1990, c. E.2
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made under the
Education Act
Made: October 12, 2018
Filed: October 12, 2018
Published on e-Laws: October 12, 2018
Printed in The Ontario Gazette: October 27, 2018
Amending O. Reg. 20/98
(Education Development Charges - General)
1. Section 7 of Ontario Regulation 20/98 is revoked and the following substituted:
Determination of Education Development Charges
7. Before an education development charge by-law is passed, the board shall do the following for the purposes of determining the education development charges:
1. The board shall estimate the number of new dwelling units in the area in which the charges are to be imposed for each of the years, for a period chosen by the board of up to 15 years, immediately following the day the board intends to have the by-law come into force. The board’s estimate shall include only new dwelling units in respect of which education development charges may be imposed.
2. The board shall identify different types of new dwelling units and estimate, for each type, the average number of new school pupils generated by each new dwelling unit who will attend schools of the board.
3. For each of the years referred to in paragraph 1, the board shall estimate the total number of new school pupils using the estimated number of new dwelling units and the estimated average number of new school pupils generated by each new dwelling unit and, subtracting from that number, the number of existing school pupil places that, in the opinion of the board, could reasonably be used to accommodate those new school pupils.
4. The board shall estimate the net education land cost for the school sites required to provide pupil places for the number of new school pupils estimated under paragraph 3.
5. The board shall estimate the balance of the education development charge account, if any, relating to the area in which the charges are to be imposed. The estimate shall be an estimate of the balance immediately before the day the board intends to have the by-law come into force.
6. The board shall adjust the net education land cost with respect to any balance estimated under paragraph 5. If the balance is positive, the balance shall be subtracted from the cost. If the balance is negative, the balance shall be converted to a positive number and added to the cost.
7. The net education land cost as adjusted, if necessary, under paragraph 6, is the growth-related net education land cost.
8. The board shall choose the percentage of the growth-related net education land cost that is to be funded by charges on residential development and the percentage, if any, that is to be funded by charges on non-residential development. The percentage that is to be funded by charges on non-residential development shall not exceed 40 per cent.
9. The board shall determine the charges on residential development subject to the following:
i. The charges shall be expressed as a rate per new dwelling unit.
ii. The rate shall be the same throughout the area in which charges are to be imposed under the by-law.
iii. The rate shall be an amount that does not exceed the maximum rate, which is determined 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 residential rate set out in the by-law in effect on August 31, 2018 that applied to the area in which the proposed by-law would impose charges.
10. Despite paragraph 9, if the board intends to impose different charges on different types of residential development, the board shall determine,
i. the percentage of the growth-related net education land cost to be funded by charges on residential development that is to be funded by each type of residential development, and
ii. the charges on each type of residential development, subject to the rules in subparagraphs 9 i, ii and iii.
11. If charges are to be imposed on non-residential development, the board shall determine the charges, subject to the following:
i. The charges shall be expressed as one of the following types of rate, as selected by the board:
A. A rate to be applied to the board-determined GFA of the development.
B. A rate to be applied to the declared value of the development.
ii. The board may choose to have one type of rate for some parts of the area in which charges are to be imposed and the other type of rate to apply to the other parts of the area in which charges are to be imposed.
iii. The board may not choose to have both types of rate apply within a municipality.
iv. If only one type of rate applies under the by-law, the rate shall be the same throughout the area in which charges are to be imposed under the by-law.
v. If both types of rate are to apply under the by-law, each of those rates shall be the same throughout the area in which each type of rate applies.
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 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 non-residential rate (or rates if both types of rate are to apply under the by-law) set out in the by-law in effect on August 31, 2018 that applied to the area in which the proposed by-law would impose charges.
2. Sections 9 and 10 of the Regulation are revoked and the following substituted:
Background study contents
9. The following information is prescribed, for the purposes of clause 257.61 (2) (d) of the Act, as information that must be included in the education development charge background study relating to an education development charge by-law:
1. The following estimates that the board intends to use in determining the education development charges:
i. The board’s estimates under paragraph 1 of section 7, for each of the years for which estimates are made, of the number of new dwelling units in the area in which the charges are to be imposed.
ii. The board’s estimates under paragraph 2 of section 7, for each type of new dwelling unit identified by the board, of the average number of new school pupils generated by each new dwelling unit who will attend schools of the board.
iii. The board’s estimates under paragraph 3 of section 7, for each of the years for which estimates are made, of the total number of new school pupils, without the adjustments set out in that paragraph being made and with the adjustments set out in that paragraph being made.
2. For each school site, the net education land cost of which the board intends to include in its estimation under paragraph 4 of section 7,
i. the location of the site,
ii. the area of the site,
iii. the estimated education land costs of the site, and
iv. the number of pupil places the board estimates will be provided by the school to be built on the site and the number of those pupil places that the board estimates will be used to accommodate the number of new school pupils estimated under paragraph 3 of section 7.
Conditions of Passage of By-law
10. The following conditions are prescribed, for the purposes of subsection 257.54 (6) of the Act, as conditions that must be satisfied in order for a board to pass an education development charge by-law:
1. The Minister has approved,
i. the board’s estimates under paragraph 3 of section 7, for each of the years required under that paragraph, of the total number of new school pupils, without the adjustments set out in that paragraph being made, and
ii. the board’s estimates of the number of school sites used by the board to determine the net education land cost under paragraph 4 of section 7.
2. At least one of the following conditions:
i. The estimated average number of elementary school pupils of the board over the five years immediately following the day the board intends to have the by-law come into force exceeds the total capacity of the board to accommodate elementary school pupils throughout its jurisdiction on the day the by-law is passed.
ii. The estimated average number of secondary school pupils of the board over the five years immediately following the day the board intends to have the by-law come into force exceeds the total capacity of the board to accommodate secondary school pupils throughout its jurisdiction on the day the by-law is passed.
iii. At the time of expiry of the board’s last education development charge by-law that applies to all or part of the area in which the charges would be imposed, the balance in the education development charge account is less than the amount required to pay outstanding commitments to meet growth-related net education land costs, as calculated for the purposes of determining the education development charges imposed under that by-law.
3. The board has given a copy of the education development charge background study relating to the by-law to the Minister and to each board having jurisdiction within the area to which the by-law would apply.
4. The area in which the board proposes to have charges imposed under its proposed by-law is the same area that was the subject of the education development charge by-law in force on August 31, 2018.
5. The board provides information related to the background study or the calculation of education development charges under section 7, if the Minister requests such information after reviewing the background study submitted under paragraph 3.
3. Subsection 14 (2) of the Regulation is amended by adding the following paragraph:
4. The Minister.
Commencement
4. This Regulation comes into force on the day it is filed.