hordruma/ontario_laws_and_regs huggingface dataset:
PART IX FINANCE
Exemption for localized education development agreement
257.53.2 (1) Before an education development charge by-law is passed under subsection 257.54 (1), a board may, in accordance with subsection (2), enter into a localized education development agreement with an owner of land that would be subject to the imposition of education development charges under the by-law, in which, (a) the owner provides a lease, real property or other prescribed benefit to be used by the board to provide pupil accommodation; and (b) the board agrees not to impose education development charges against the land that would otherwise be subject to the charges. 2019, c. 9, Sched. 4, s. 3. Minister’s approval (2) A board may enter into a localized education development agreement if, (a) the board provides the Minister with the proposed agreement and any other information requested by the Minister that relates to the agreement; and (b) the Minister, after considering any prescribed criteria, approves of the board entering into the agreement. 2019, c. 9, Sched. 4, s. 3. Effect of agreement (3) If the Minister approves of and the board enters into a localized education development agreement, the land that is the subject of the agreement that would otherwise be subject to the imposition of education development charges under a by-law passed under subsection 257.54 (1) is exempt from those charges. 2019, c. 9, Sched. 4, s. 3. Notification to Minister if no agreement (4) If the board receives the Minister’s approval under clause (2) (b) but does not enter into the agreement, the board shall notify the Minister that it did not enter into the agreement. 2019, c. 9, Sched. 4, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 4, s. 3 - 01/11/2019 Education Development Charge By-laws
PART IX FINANCE
Education development charge by-law
257.54 (1) If there is residential development in the area of jurisdiction of a board that would increase education land costs, the board may pass by-laws for the imposition of education development charges against land in its area of jurisdiction undergoing residential or non-residential development.  1997, c. 31, s. 113 (5). What development can be charged for (2) An education development charge may be imposed only for development that requires, (a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act; (b) the approval of a minor variance under section 45 of the Planning Act; (c) a conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act; (e) a consent under section 53 of the Planning Act; (f) the approval of a description under section 9 of the
Condominium Act, 1998; or (g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure.  1997, c. 31, s. 113 (5); 2015, c. 28, Sched. 1, s. 149. Same (3) An action mentioned in clauses (2) (a) to (g) does not satisfy the requirements of subsection (2) if the only effect of the action is to, (a) permit the enlargement of an existing dwelling unit; or (b) permit the creation of one or two additional dwelling units as prescribed, subject to the prescribed restrictions, in prescribed classes of existing residential buildings.  1997, c. 31, s. 113 (5). Application of by-law (4) An education development charge by-law may apply to the entire area of jurisdiction of a board or only part of it.  1997, c. 31, s. 113 (5). Limited exemption (5) No land, except land owned by and used for the purposes of a board or a municipality, is exempt from an education development charge under a by-law passed under subsection (1) by reason only that it is exempt from taxation under section 3 of the Assessment Act.  1997, c. 31, s. 113 (5). Conditions (6) The imposition of an education development charge by a board is subject to the prescribed conditions.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998
PART IX FINANCE
Exemption for industrial development
257.55 (1) If a development includes the enlargement of the gross floor area of an existing industrial building, the amount of the education development charge that is payable in respect of the enlargement is determined in accordance with this section.  1997, c. 31, s. 113 (5). Enlargement 50 per cent or less (2) If the gross floor area is enlarged by 50 per cent or less, the amount of the education development charge in respect of the enlargement is zero.  1997, c. 31, s. 113 (5). Enlargement more than 50 per cent (3) If the gross floor area is enlarged by more than 50 per cent the amount of the education development charge in respect of the enlargement is the amount of the education development charge that would otherwise be payable multiplied by the fraction determined as follows: 1. Determine the amount by which the enlargement exceeds 50 per cent of the gross floor area before the enlargement. 2. Divide the amount determined under paragraph 1 by the amount of the enlargement.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998
PART IX FINANCE
When by-law effective
257.56 An education development charge by-law comes into force on the fifth day after the day on which it is passed or the day specified in the by-law, whichever is later.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998
PART IX FINANCE
If jurisdiction divided into regions
257.57 If the regulations divide the area of the jurisdiction of a board into prescribed regions for the purposes of this section the following apply: 1. Despite subsection 257.54 (4), an education development charge by-law of the board shall not apply with respect to land in more than one region. 2. The education development charges collected under an education development charge by-law that applies to land in a region shall not, except with the prior written approval of the Minister, be used in relation to land that is outside that region.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998
PART IX FINANCE
Duration of education development charge by-law
257.58 (1) Unless it expires or is repealed earlier, an education development charge by-law expires five years after the day it comes into force.  1997, c. 31, s. 113 (5). Board can pass new by-law (2) Subsection (1) does not prevent a board from passing a new education development charge by-law.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 Special rule re emergency declaration
PART IX FINANCE
Special rule re emergency declaration
257.58.1 (1) In this section, “specified date” means the date that is six months after the day that the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act, is terminated or disallowed. 2020, c. 6, Sched. 2, s. 1 (1). Same (2) Despite subsection 257.58 (1), (a) an education development charge by-law that expired on or after March 17, 2020 and before the day subsection 1 (1) of Schedule 2 to the Coronavirus (COVID-19) Support and Protection Act, 2020 came into force, is deemed not to have expired and shall remain in force until the earlier of the day the by-law is repealed and the specified date; and (b) an education development charge by-law that expires on or after the day subsection 1 (1) of Schedule 2 to the Coronavirus (COVID-19) Support and Protection Act, 2020 came into force and before the specified date shall remain in force until the earlier of the day the by-law is repealed and the specified date. 2020, c. 6, Sched. 2, s. 1 (1). Same (3) An education development charge by-law that remains in force pursuant to subsection (2) shall not be amended to provide for higher rates than the rates set out in the by-law on the day it would have expired. 2020, c. 6, Sched. 2, s. 1 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 257.58.1 of the Act is repealed. (See: 2020, c. 6, Sched. 2, s. 1 (2)) Section Amendments with date in force (d/m/y) 2020, c. 6, Sched. 2, s. 1 (1) - 14/04/2020; 2020, c. 6, Sched. 2, s. 1 (2) - not in force
PART IX FINANCE
Contents of by-law
257.59 An education development charge by-law shall, (a) designate the categories of residential development and non-residential development on which an education development charge shall be imposed; (b) designate those uses of land, buildings or structures on which an education development charge shall be imposed; (c) designate the areas in which an education development charge shall be imposed; and (d) subject to the regulations, establish the education development charges to be imposed in respect of the designated categories of residential and non-residential development and the designated uses of land, buildings or structures.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 Process Before Passing of By-laws
PART IX FINANCE
Review of policies
257.60 (1) Before passing an education development charge by-law, the board shall conduct a review of the education development charge policies of the board.  1997, c. 31, s. 113 (5). Public meeting (2) In conducting a review under subsection (1), the board shall ensure that adequate information is made available to the public, and for this purpose shall hold at least one public meeting, notice of which shall be given, (a) in at least one newspaper having general circulation in the area of jurisdiction of the board; and (b) on the board’s website or, if the board does not have a website, in another manner that the board considers appropriate. 2016, c. 5, Sched. 8, s. 5. Non-application, first by-law under new scheme (3) A board is not required to conduct a review under this section before passing the first education development charge by-law it passes after December 31, 1997.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2016, c. 5, Sched. 8, s. 5 - 19/04/2016
PART IX FINANCE
Education development charge background study
257.61 (1) Before passing an education development charge by-law, the board shall complete an education development charge background study.  1997, c. 31, s. 113 (5). Same (2) The education development charge background study shall include, (a) estimates of the anticipated amount, type and location of residential and non-residential development; (b) the number of projected new pupil places and the number of new schools required to provide those new pupil places; (c) estimates of the education land cost, the net education land cost and the growth-related net education land cost of the new schools required to provide the projected new pupil places; (d) a description of any alternative projects that the board intends to allocate education development charges revenue towards; (e) a description of any localized education development agreements that the board intends to enter into; and (f) such other information as may be prescribed. 1997, c. 31, s. 113 (5); 2019, c. 9, Sched. 4, s. 4 (1). Update of background study (3) If the board receives the Minister’s approval to allocate revenue raised by charges imposed by an education development charge by-law towards an alternative project under clause 257.53.1 (2) (b), but does not proceed with the allocation, the board shall update any information included in the background study accordingly. 2019, c. 9, Sched. 4, s. 4 (2). Same (4) If the board receives the Minister’s approval to enter into a localized education development agreement under clause 257.53.2 (2) (b), but does not enter into the agreement, the board shall update any information included in the background study accordingly. 2019, c. 9, Sched. 4, s. 4 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2019, c. 9, Sched. 4, s. 4 (1, 2) - 01/11/2019
PART IX FINANCE
By-law within one year after study
257.62 An education development charge by-law may be passed only within a period of 365 days following the completion of the education development charge background study.  2002, c. 18, Sched. G, s. 12. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. G, s. 12 - 26/11/2002
PART IX FINANCE
Public meeting before by-law passed
257.63 (1) Before passing an education development charge by-law, the board shall, (a) hold at least one public meeting; (b) give at least 20-days notice of the meeting or meetings in accordance with the regulations; and (c) ensure that the proposed by-law and the education development charge background study are made available to the public at least two weeks prior to the meeting or, if there is more than one meeting, prior to the first meeting.  1997, c. 31, s. 113 (5). Requirements of notice (1.1) The notice referred to in clause (1) (b) must meet the requirements prescribed in the regulations. 2019, c. 9, Sched. 4, s. 5. Making representations (2) Any person who attends a meeting under this section may make representations relating to the proposed by-law.  1997, c. 31, s. 113 (5). Consideration of representations (2.1) Following the meeting, or if there is more than one meeting, following the final meeting held under this section with respect to the proposed by-law, the board, in determining whether to make any changes to the background study or to the proposed by-law, shall consider, (a) any representations relating to the proposed by-law made under subsection (2); and (b) any alternative projects or localized education development agreements that were proposed through any representations made under subsection (2). 2019, c. 9, Sched. 4, s. 5. Tribunal determination is final (3) If a proposed by-law is changed following a meeting under this section, the board shall determine whether a further meeting under this section is necessary and such a determination is final and not subject to review by a court or the Ontario Land Tribunal.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2019, c. 9, Sched. 4, s. 5 - 01/11/2019 2021, c. 4, Sched. 6, s. 43 (1) - 01/06/2021 Appeal of By-laws
PART IX FINANCE
Notice of by-law and time for appeal
257.64 (1) The secretary of a board that has passed an education development charge by-law shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed.  1997, c. 31, s. 113 (5). Requirements of notice (2) Notices required under this section must meet the requirements prescribed in the regulations and shall be given in accordance with the regulations.  1997, c. 31, s. 113 (5). Same (3) Every notice required under this section must be given not later than 20 days after the day the by-law is passed.  1997, c. 31, s. 113 (5). When notice given (4) A notice required under this section shall be deemed to have been given, (a) if the notice is by publication, on the day that the publication occurs; (b) if the notice is given by mail, on the day that the notice is mailed.  1997, c. 31, s. 113 (5); 2016, c. 5, Sched. 8, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2016, c. 5, Sched. 8, s. 6 - 19/04/2016
PART IX FINANCE
Appeal of by-law after passed
257.65 Any person or organization may appeal an education development charge by-law to the Ontario Land Tribunal by filing with the secretary of the board that passed the by-law, on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2021, c. 4, Sched. 6, s. 43 (1) - 01/06/2021
PART IX FINANCE
Secretary’s duties on appeal
257.66 (1) If the secretary of the board receives a notice of appeal on or before the last day for appealing an education development charge by-law, the secretary shall compile a record that includes, (a) a copy of the by-law certified by the secretary; (b) a copy of the education development charge background study; (c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Division; and (d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed.  1997, c. 31, s. 113 (5). Same (2) The secretary shall forward a copy of the notice of appeal and the record to the Ontario Land Tribunal within 30 days after the last day of appeal and shall provide such other information or material as the Ontario Land Tribunal may require in respect of the appeal.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (2). Affidavit, declaration conclusive evidence (3) An affidavit or declaration of the secretary of a board that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Division is conclusive evidence of the facts stated in the affidavit or declaration.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2021, c. 4, Sched. 6, s. 43 (2) - 01/06/2021
PART IX FINANCE
Tribunal hearing of appeal
257.67 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of appeal of an education development charge by-law forwarded by the secretary of a board.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Who to get notice (2) The Ontario Land Tribunal shall determine who shall be given notice of the hearing and in what manner.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Powers of Tribunal (3) After the hearing, the Ontario Land Tribunal may, (a) dismiss the appeal in whole or in part; (b) order the board to repeal or amend the by-law in accordance with the Tribunal’s order; (c) repeal or amend the by-law in such manner as the Tribunal may determine. 2021, c. 4, Sched. 6, s. 43 (3). Limitation on powers (4) The Ontario Land Tribunal may not amend or order the amendment of a by-law so as to, (a) increase the amount of an education development charge that will be payable in any particular case; (b) remove, or reduce the scope of, an exemption; (c) change the date the by-law will expire.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Dismissal without hearing (5) Despite subsection (1), the Ontario Land Tribunal may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2021, c. 4, Sched. 6, s. 43 (1, 3) - 01/06/2021
PART IX FINANCE
When Tribunal ordered repeals, amendments effective
257.68 The repeal or amendment of an education development charge by-law by the Ontario Land Tribunal, or by a board pursuant to an order of the Ontario Land Tribunal, shall be deemed to have come into force on the day the by-law came into force.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2021, c. 4, Sched. 6, s. 43 (1) - 01/06/2021
PART IX FINANCE
Refunds, if Tribunal repeals by-law, etc.
257.69 (1) If the Ontario Land Tribunal repeals or amends an education development charge by-law or orders a board to repeal or amend an education development charge by-law, (a) in the case of a repeal, any education development charge paid under the by-law shall be refunded; (b) in the case of an amendment, the difference between any education development charge paid under the by-law and the education development charge that would have been payable under the by-law as amended shall be refunded.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). When refund due (2) A refund required under subsection (1) shall be made, (a) if the Ontario Land Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; (b) if the Ontario Land Tribunal orders the board to repeal or amend the by-law, within 30 days after the repeal or amendment by the board. 1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (4). Interest (3) Interest shall be paid on an amount refunded under subsection (1) at the prescribed interest rate from the time the amount was paid to the time it is refunded.  1997, c. 31, s. 113 (5). Source of refund, interest (4) An amount refunded under subsection (1) and interest paid under subsection (3) shall be paid out of the appropriate education development charge account.  1997, c. 31, s. 113 (5); 2009, c. 34, Sched. I, s. 21. Who refund paid to (5) An amount refunded under subsection (1) and any interest on it shall be paid to the person who paid the education development charge.  1997, c. 31, s. 113 (5). Information from municipality (6) If a refund is required under subsection (1), the municipality to which the education development charge was paid shall provide the board with the information necessary to determine the amount to be refunded, the interest payable on that amount and the person to whom the refund and interest should be paid.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2009, c. 34, Sched. I, s. 21 - 01/09/2010 2021, c. 4, Sched. 6, s. 43 (1, 4) - 01/06/2021 Amendment of By-laws
PART IX FINANCE
Amendment of by-law
257.70 (1) Subject to subsection (2), a board may pass a by-law amending an education development charge by-law.  1997, c. 31, s. 113 (5). Limitation (2) Each of the following amendments to an education development charge by-law may only be passed once in the one-year period immediately following the coming into force of the by-law and in each subsequent one-year period: 1. Increase the amount of an education development charge that will be payable in any particular case. 2. Remove, or reduce the scope of, an exemption. 3. Extend the term of the by-law.  1997, c. 31, s. 113 (5); 2019, c. 9, Sched. 4, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2019, c. 9, Sched. 4, s. 6 - 06/06/2019
PART IX FINANCE
Process before passing amendment
257.72 Before passing a by-law amending an education development charge by-law, the board shall, (a) give notice of the proposed amendment in accordance with the regulations; and (b) ensure that the following are made available to the public, (i) the education development charge background study for the by-law being amended, and (ii) sufficient information to allow the public to understand the proposed amendment.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998