hordruma/ontario_laws_and_regs huggingface dataset:
PART IX FINANCE
Notice of amendment and time for appeal
257.73 (1) The secretary of a board that has passed a by-law amending an education development charge by-law shall give written notice of the passing of the amending by-law, and of the last day for appealing the amending by-law, which shall be the day that is 40 days after the day the amending 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 amending 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. 7. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2016, c. 5, Sched. 8, s. 7 - 19/04/2016
PART IX FINANCE
Appeal of amending by-law after passed
257.74 (1) Any person or organization may appeal a by-law amending an education development charge by-law to the Ontario Land Tribunal by filing with the secretary of the board that passed the amended by-law, on or before the last day for appealing the amending by-law, a notice of appeal setting out the objection to the amending by-law and the reasons supporting the objection.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Same (2) An appeal under subsection (1) may not raise an issue that could have been raised in an appeal under section 257.65.  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 (1) - 01/06/2021
PART IX FINANCE
Secretary’s duties on appeal
257.75 (1) If the secretary of the board receives a notice of appeal on or before the last day for appealing a by-law amending an education development charge by-law, the secretary shall compile a record that includes, (a) a copy of the education development charge by-law, as amended to the day the amending by-law was passed, certified by the secretary; (b) a copy of the amending by-law certified by the secretary; (c) a copy of the education development charge background study for the education development charge by-law; (d) a copy of the information made available to the public under subclause 257.72 (b) (ii) for the amending by-law and all previous amending by-laws amending the education development charge by-law; and (e) an affidavit or declaration certifying that notice of the passing of the amending by-law and of the last day for appealing it was given in accordance with this Division.  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 (5). Affidavit, declaration conclusive evidence (3) An affidavit or declaration of the secretary of a board that notice of the passing of the amending 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 (5) - 01/06/2021
PART IX FINANCE
Tribunal hearing of appeal
257.76 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of appeal of a by-law amending 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 amending by-law in accordance with the Tribunal’s order; (c) repeal or amend the amending by-law in such manner as the Tribunal may determine. 2021, c. 4, Sched. 6, s. 43 (6). Limitation on powers (4) The Ontario Land Tribunal may not amend or order the amendment of an amending by-law so as to, (a) increase the amount of an education development charge that will be payable in any particular case under the education development charge by-law as amended by the amending by-law; (b) remove, or reduce the scope of, an exemption under the education development charge by-law as amended by the amending by-law; (c) change the date the education development charge by-law will expire as provided in that by-law as amended by the amending by-law.  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 amending 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, 6) - 01/06/2021
PART IX FINANCE
When Tribunal ordered repeals, amendments effective
257.77 The repeal or amendment of a by-law amending 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 amending 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.
257.78 Section 257.69 applies, with necessary modifications, with respect to the repeal or amendment of a by-law amending an education development charge by-law by the Ontario Land Tribunal or pursuant to an order of 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 2021, c. 4, Sched. 6, s. 43 (1) - 01/06/2021
PART IX FINANCE
Non-application of certain provisions to Tribunal amendments
257.79 Subsection 257.70 (2) and sections 257.71 to 257.77 do not apply with respect to the amendment, by the Ontario Municipal Board or pursuant to an order of the Ontario Municipal Board, of an education development charge by-law or a by-law amending an education development charge by-law.  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 Collection of Education Development Charges
PART IX FINANCE
Education development charge accounts
257.82 (1) A board that has passed an education development charge by-law shall establish education development charge accounts in accordance with the regulations.  1997, c. 31, s. 113 (5); 2009, c. 34, Sched. I, s. 18. Deposit of charges into accounts (2) A municipality that receives an education development charge shall deposit the charge in the appropriate education development charge account not later than the 25th day of the month after the month in which the charge was received.  1997, c. 31, s. 113 (5); 2009, c. 34, Sched. I, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2009, c. 34, Sched. I, s. 18, 21 - 01/09/2010
PART IX FINANCE
Withholding of building permit until charge paid
257.83 Despite any other Act, a municipality shall not issue a building permit for development to which an education development charge applies unless the charge has been 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
PART IX FINANCE
Land given for credit
257.84 (1) A board that has passed a by-law imposing education development charges on land of an owner may, with the consent of the Minister, accept land for pupil accommodation in place of the payment of all or a part of the education development charges.  1997, c. 31, s. 113 (5). Same (2) A board that accepts land under subsection (1) shall, in accordance with the regulations made under section 257.101, give the owner credits toward the education development charges imposed on the owner by the board.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 Complaints about Education Development Charges
PART IX FINANCE
Complaint to council of municipality
257.85 (1) An owner, the owner’s agent or a board, may complain to the council of the municipality to which an education development charge is payable that, (a) the amount of the education development charge was incorrectly determined; (b) a credit is or is not available to be used against the education development charge, or that the amount of a credit was incorrectly determined; or (c) there was an error in the application of the education development charge by-law.  1997, c. 31, s. 113 (5). Time limit (2) A complaint may not be made under subsection (1) later than 90 days after the day the education development charge, or any part of it, is payable.  1997, c. 31, s. 113 (5). Form of complaint (3) The complaint must be in writing, must state the complainant’s name, the address where notice can be given to the complainant and the reasons for the complaint.  1997, c. 31, s. 113 (5). Parties (4) The parties to the complaint are the complainant and, (a) the board if the complainant is the owner or the owner’s agent; or (b) the owner if the complainant is the board.  1997, c. 31, s. 113 (5). Hearing (5) The council shall hold a hearing into the complaint and shall give the parties an opportunity to make representations at the hearing.  1997, c. 31, s. 113 (5). Notice of hearing (6) The clerk of the municipality shall mail a notice of the hearing to the parties at least 14 days before the hearing.  1997, c. 31, s. 113 (5). Council’s powers (7) After hearing the evidence and submissions of the parties, the council may dismiss the complaint or rectify any incorrect determination or error that was the subject of the complaint.  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
Notice of decision and time for appeal
257.86 (1) The clerk of the municipality shall mail to the parties a notice of the council’s decision, and of the last day for appealing the decision, which shall be the day that is 40 days after the day the decision is made.  1997, c. 31, s. 113 (5). Requirements of notice (2) The notice required under this section must be mailed not later than 20 days after the day the council’s decision is made.  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
Appeal of council’s decision
257.87 (1) A party may appeal the decision of the council of the municipality to the Ontario Land Tribunal by filing with the clerk of the municipality, on or before the last day for appealing the decision, a notice of appeal setting out the reasons for the appeal.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Additional ground (2) A party may also appeal to the Ontario Land Tribunal if the council of the municipality does not deal with the complaint within 60 days after the complaint is made by filing with the clerk of the municipality a notice of 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) - 01/06/2021
PART IX FINANCE
Clerk’s duties on appeal
257.88 (1) If a notice of appeal under subsection 257.87 (1) is filed with the clerk of the municipality on or before the last day for appealing a decision, the clerk shall compile a record that includes, (a) a copy of the education development charge by-law certified by the clerk; (b) the original or a true copy of the complaint and all written submissions and material received from the parties; (c) a copy of the council’s decision certified by the clerk; and (d) an affidavit or declaration certifying that notice of the council’s decision and of the last day for appealing it was given in accordance with this Division.  1997, c. 31, s. 113 (5). Same (2) If a notice of appeal under subsection 257.87 (2) is filed with the clerk of the municipality, the clerk shall compile a record that includes, (a) a copy of the education development charge by-law certified by the clerk; and (b) the original or a true copy of the complaint and all written submissions and material received from the parties.  1997, c. 31, s. 113 (5). Same (3) The clerk shall forward a copy of the notice of appeal and the record to the Ontario Land Tribunal within 30 days after the notice is received and shall provide such other information and material that the Tribunal may require in respect of the appeal.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (7). 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 (7) - 01/06/2021
PART IX FINANCE
Tribunal hearing of appeal
257.89 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of appeal relating to a complaint forwarded by the clerk of a municipality.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Notice to parties (2) The Ontario Land Tribunal shall give notice of the hearing to the parties.  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 do anything that could have been done by the council of the municipality under subsection 257.85 (7).  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
Refund if education development charge reduced
257.90 (1) If an education development charge that has already been paid is reduced by the council of a municipality under section 257.85 or by the Ontario Land Tribunal under section 257.89, the overpayment shall immediately be refunded.  1997, c. 31, s. 113 (5); 2021, c. 4, Sched. 6, s. 43 (1). Interest (2) 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 (3) An amount refunded under subsection (1) and interest paid under subsection (2) 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 (4) 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). 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) - 01/06/2021
PART IX FINANCE
Payment if education development charge increased
257.91 If an education development charge that has already been paid is increased by the council of a municipality under section 257.85 or by the Ontario Land Tribunal under section 257.89, the increase shall immediately be paid by the person who paid the education development charge.  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 Special Cases
PART IX FINANCE
Territory without municipal organization
257.92 If there is an education development charge on land that is in territory without municipal organization, sections 257.81 to 257.91 apply with the following modifications: 1. Under section 257.81, the charge is payable to the board under whose by-law the charge is imposed and subsection 257.82 (2) applies to the board. 2. Section 257.83 applies to the official responsible for issuing building permits for the area the land is in. 3. Complaints under section 257.85 may be made to the board by the owner or the owner’s agent. The complainant is the only party to the complaint. In sections 257.85 to 257.90, all references to the municipality or the council of the municipality shall be deemed to be references to the board and all references to the clerk of the municipality shall be deemed to be references to the secretary of the board. 4. If the decision of the board is appealed to the Ontario Land Tribunal under section 257.87, the parties to the appeal are the complainant and the board.  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
Areas where province issues building permits
257.93 If the council of a municipality has entered into an agreement providing for the enforcement of the
Building Code Act, 1992 by Ontario, sections 257.81 to 257.91 apply with the modifications set out in the regulations.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 Miscellaneous
PART IX FINANCE
Different types of boards treated the same
257.94 In doing anything under this Division the Ontario Land Tribunal shall treat English-language public boards, English-language Roman Catholic boards, French-language public district school boards and French-language separate district school boards in the same manner.  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
Registration of by-law
257.95 A board that has passed an education development charge by-law may register the by-law or a certified copy of it against the land to which it applies.  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
Recovery of unpaid amounts, lien on land
257.96 Section 349 of the Municipal Act, 2001 or section 314 of the City of Toronto Act, 2006, as the case may be, applies with necessary modifications with respect to an education development charge or any part of it that remains unpaid after it is payable.  1997, c. 31, s. 113 (5); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 15 (33). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 15 (33) - 01/01/2007
PART IX FINANCE
Reports by municipalities to boards
257.97 (1) Each month a municipality shall make a report to a board if, in the period that the report would cover, any education development charges payable under an education development charge by-law of the board would be payable to the municipality.  1997, c. 31, s. 113 (5). When due (2) The monthly reports shall be made on or before the 5th day of each month.  1997, c. 31, s. 113 (5). Contents (3) The monthly reports shall contain the prescribed information.  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
Statement of treasurer
257.98 (1) The treasurer of a board shall each year on or before such date as the board may direct, give the board a financial statement relating to education development charge by-laws and education development charge accounts.  1997, c. 31, s. 113 (5); 2009, c. 34, Sched. I, s. 19 (1). Requirements (2) A statement must include, for the preceding year, statements of the opening and closing balances of the education development charge accounts and of the transactions relating to the accounts and such other information as is prescribed in the regulations.  1997, c. 31, s. 113 (5); 2009, c. 34, Sched. I, s. 19 (2). Copy to Minister (3) The treasurer shall give a copy of a statement to the Minister within 60 days after giving the statement to the board.  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. 19 (1, 2) - 01/09/2010
PART IX FINANCE
Board may borrow from account
257.99 A board may borrow money from an education development charge account but if it does so, the board shall repay the amount used plus interest at a rate not less than the prescribed minimum interest rate.  1997, c. 31, s. 113 (5); 2009, c. 34, Sched. I, s. 21. 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 257.100 Repealed:  2009, c. 33, Sched. 2, s. 25 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2009, c. 33, Sched. 2, s. 25 (2) - 15/12/2009
PART IX FINANCE
Interpretation
257.102 (1) In sections 257.103 and 257.105, “old Act” means the former Education Development Charges Act as it read immediately before this section came into force; (“ancienne loi”) “successor board” means a board that, for the purposes of this Division, is prescribed in the regulations as a successor board to an old board. (“conseil qui succède”)  1997, c. 31, s. 113 (5); 2009, c. 33, Sched. 13, s. 1 (15). (2) Repealed:  2009, c. 33, Sched. 13, s. 1 (16). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 2009, c. 33, Sched. 13, s. 1 (15, 16) - 15/12/2009
PART IX FINANCE
Certain old requests, appeals
257.104 Despite the repeal of section 46 of the Education Development Charges Act
(formerly the Development Charges Act), that section continues to apply with respect to the requests and appeals described in that section made before November 23, 1989.  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
Regulations, transition
257.105 (1) Without limiting the generality of section 257.3, the Lieutenant Governor in Council may make regulations, (a) prescribing boards as successor boards for the purposes of this Division; (b) governing the determination of education development charges in the circumstances referred to in paragraph 2 of subsection 257.103 (5); (c) varying, limiting or excluding the application of any provision of the old Act and the regulations under the old Act to by-laws continued under subsection 257.103 (2); (d) setting out transitional rules dealing with matters not specifically dealt with in sections 257.102 to 257.104; (e) clarifying the transitional rules set out in sections 257.102 to 257.104.  1997, c. 31, s. 113 (5). General or particular (2) A regulation made under subsection (1) may be general or particular.  1997, c. 31, s. 113 (5). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (5) - 01/02/1998 DIVISION F   REVIEW OF EDUCATION FUNDING