PART IV COMMUNITY IMPROVEMENT
Community improvement project area
28 (1) In this section, “community improvement” means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; (“améliorations communautaires”) “community improvement plan” means a plan for the community improvement of a community improvement project area; (“plan d’améliorations communautaires”) “community improvement project area” means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. (“zone d’améliorations communautaires”)  R.S.O. 1990, c. P.13, s. 28 (1); 2001, c. 17, s. 7 (1, 2); 2006, c. 23, s. 14 (1). Affordable housing (1.1) Without limiting the generality of the definition of “community improvement” in subsection (1), for greater certainty, it includes the provision of affordable housing.  2006, c. 23, s. 14 (2). Designation of community improvement project area (2) Where there is an official plan in effect in a local municipality or in a prescribed upper-tier municipality that contains provisions relating to community improvement in the municipality, the council may, by by-law, designate the whole or any part of an area covered by such an official plan as a community improvement project area.  R.S.O. 1990, c. P.13, s. 28 (2); 2006, c. 23, s. 14 (3). Acquisition and clearance of land (3) When a by-law has been passed under subsection (2), the municipality may, (a) acquire land within the community improvement project area; (b) hold land acquired before or after the passing of the by-law within the community improvement project area; and (c) clear, grade or otherwise prepare the land for community improvement.  R.S.O. 1990, c. P.13, s. 28 (3); 2001, c. 17, s. 7 (3); 2015, c. 26, s. 25. Community improvement plan (4) When a by-law has been passed under subsection (2), the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area and the plan may be adopted and come into effect in accordance with subsections (5) and (5.1).  2006, c. 32, Sched. C, s. 47 (1). Restriction re upper-tier municipality (4.0.1) The community improvement plan of an upper-tier municipality may deal only with prescribed matters.  2006, c. 23, s. 14 (4). (4.1)-(4.4) Repealed:  2006, c. 32, Sched. C, s. 47 (1). Same (5) Subsections 17 (15), (17), (19) to (19.3), (19.5) to (24), (25) to (30.1), (44) to (47) and (49) to (50.1) apply, with necessary modifications, in respect of a community improvement plan and any amendments to it.  2006, c. 32, Sched. C, s. 47 (1); 2017, c. 23, Sched. 3, s. 9; 2019, c. 9, Sched. 12, s. 5. Same (5.1) The Minister is deemed to be the approval authority for the purpose of subsection (5).  2006, c. 32, Sched. C, s. 47 (1). Same (5.2) Despite subsection (5), if an official plan contains provisions describing the alternative measures mentioned in subsection 17 (19.3), subsections 17 (15), (17) and (19) to (19.2) do not apply in respect of the community improvement plan and any amendments to it, if the measures are complied with.  2006, c. 32, Sched. C, s. 47 (1). Powers of council re land (6) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may, (a) construct, repair, rehabilitate or improve buildings on land acquired or held by it in the community improvement project area in conformity with the community improvement plan, and sell, lease or otherwise dispose of any such buildings and the land appurtenant thereto; (b) sell, lease or otherwise dispose of any land acquired or held by it in the community improvement project area to any person or governmental authority for use in conformity with the community improvement plan.  R.S.O. 1990, c. P.13, s. 28 (6); 2001, c. 17, s. 7 (6). Grants or loans re eligible costs (7) For the purpose of carrying out a municipality’s community improvement plan that has come into effect, the municipality may make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan.  2006, c. 23, s. 14 (8). Eligible costs (7.1) For the purposes of subsection (7), the eligible costs of a community improvement plan may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities.  2006, c. 23, s. 14 (8). Grants or loans between upper and lower-tier municipalities (7.2) The council of an upper-tier municipality may make grants or loans to the council of a lower-tier municipality and the council of a lower-tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the making of such grants or loans.  2006, c. 23, s. 14 (8). Maximum amount (7.3) The total of the grants and loans made in respect of particular lands and buildings under subsections (7) and (7.2) and the tax assistance as defined in section 365.1 of the Municipal Act, 2001 or section 333 of the City of Toronto Act, 2006, as the case may be, that is provided in respect of the lands and buildings shall not exceed the eligible cost of the community improvement plan with respect to those lands and buildings.  2006, c. 23, s. 14 (8); 2006, c. 32, Sched. C, s. 48 (3). (8) Repealed:  2006, c. 32, Sched. C, s. 47 (3). Application of s. 32 (2, 3) (9) Subsections 32 (2) and (3) apply with necessary modifications to any loan made under subsection (7) of this section.  R.S.O. 1990, c. P.13, s. 28 (9). Conditions of sale, etc. (10) Until a by-law or amending by-law passed under section 34 after the adoption of the community improvement plan is in force in the community improvement project area, no land acquired, and no building constructed, by the municipality in the community improvement project area shall be sold, leased or otherwise disposed of unless the person or authority to whom it is disposed of enters into a written agreement with the municipality that the person or authority will keep and maintain the land and building and the use thereof in conformity with the community improvement plan until such a by-law or amending by-law is in force, but the municipality may, during the period of the development of the plan, lease any land or any building or part thereof in the area for any purpose, whether or not in conformity with the community improvement plan, for a term of not more than three years at any one time.  R.S.O. 1990, c. P.13, s. 28 (10). Registration of agreement (11) An agreement concerning a grant or loan made under subsection (7) or an agreement entered into under subsection (10), may be registered against the land to which it applies and the municipality shall be entitled to enforce the provisions thereof against any party to the agreement and, subject to the provisions of the Registry Act and the Land Titles Act, against any and all subsequent owners or tenants of the land.  R.S.O. 1990, c. P.13, s. 28 (11); 2006, c. 23, s. 14 (10). Debentures (12) Despite subsection 408 (3) of the Municipal Act, 2001 or any regulation under section 256 of the City of Toronto Act, 2006, debentures issued by the municipality for the purpose of this section may be for such term of years as the debenture by-law, with the approval of the Tribunal, provides.  2002, c. 17, Sched. B, s. 9; 2006, c. 32, Sched. C, s. 47 (4); 2017, c. 23, Sched. 5, s. 91. Dissolution of area (13) When the council is satisfied that the community improvement plan has been carried out, the council may, by by-law, dissolve the community improvement project area.  R.S.O. 1990, c. P.13, s. 28 (13). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 7 (1-8)
- 01/12/2002 2002, c. 17, Sched. B, s. 8 (1-4), 9 - 01/01/2003 2006, c. 23, s. 14 (1-10) - 01/01/2007; 2006, c. 32, Sched. C, s. 47 (1-4), 48 (3) - 01/01/2007 2015, c. 26, s. 25
- 01/07/2016 2017, c. 23, Sched. 3, s. 9 - 03/04/2018; 2017, c. 23, Sched. 5, s. 91 - 03/04/2018 2019, c. 9, Sched. 12, s. 5 - 03/09/2019