jswizzle3737/ontario_laws_and_regs huggingface dataset:
45 (1) A front-ending agreement must contain the following: 1.  A description of the work to be done, a definition of the area of the municipality that will benefit from the work and the estimated cost of the work. 2.  The proportion of the cost of the work that will be borne by each party to the agreement. 3.  The method for determining the part of the costs of the work that will be reimbursed by the persons who, in the future, develop land within the area defined in the agreement. 4.  The amount, or a method for determining the amount, of the non-reimbursable share of the costs of the work for the parties and for persons who reimburse parts of the costs of the work. 5.  A description of the way in which amounts collected from persons to reimburse the costs of the work will be allocated.  1997, c. 27, s. 45 (1). Other provisions allowed (2) A front-ending agreement may contain other provisions in addition to those required under subsection (1).  1997, c. 27, s. 45 (2). Objections to Agreements
46 (1) The clerk of a municipality that has entered into a front-ending agreement shall give written notice of an agreement and of the last day for filing an objection to the agreement, which shall be the day that is 40 days after the day the agreement is made.  1997, c. 27, s. 46 (1). Requirements of notice (2) Notice must be given, not later than 20 days after the day the agreement is made, (a)  by mailing a notice to every owner of land within the area defined in the front-ending agreement; or (b)  by publishing a notice in a newspaper having general circulation in the municipality.  1997, c. 27, s. 46 (2). Same (3) A notice required under this section must explain the nature and purpose of the agreement and must indicate that the agreement can be viewed in the office of the clerk of the municipality during normal office hours.  1997, c. 27, s. 46 (3). Agreement to be available (4) The clerk of the municipality shall ensure that the agreement can be viewed as set out in the notice.  1997, c. 27, s. 46 (4).
47 Any owner of land within the area defined in the front-ending agreement may object to a front-ending agreement by filing with the clerk of the municipality on or before the last day for objecting to the agreement, a notice of objection setting out the objection to the agreement and the reasons supporting the objection.  1997, c. 27, s. 47.
48 (1) If the clerk of the municipality receives a notice of objection on or before the last day for filing an objection, the clerk shall compile a record that includes, (a)  a copy, certified by the clerk, of every development charge by-law that applies to the area defined in the front-ending agreement; (b)  a copy of the front-ending agreement certified by the clerk; (c)  an affidavit or declaration certifying that notice of the front-ending agreement and of the last day for filing an objection to it was given in accordance with this Act.  1997, c. 27, s. 48 (1). Same (2) The clerk shall forward a copy of the notice of objection and the record to the Ontario Land Tribunal within 30 days after the last day for filing an objection and shall provide such other information or material as the Tribunal may require in respect of the objection.  1997, c. 27, s. 48 (2); 2021, c. 4, Sched. 6, s. 41 (6). Affidavit, declaration conclusive evidence (3) An affidavit or declaration of the clerk of a municipality that notice of the front-ending agreement and of the last day for filing an objection to it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration.  1997, c. 27, s. 48 (3). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (6) - 01/06/2021
49 (1) The Ontario Land Tribunal shall hold a hearing to deal with any notice of objection to a front-ending agreement forwarded by the clerk of a municipality.  1997, c. 27, s. 49 (1); 2021, c. 4, Sched. 6, s. 41 (1). Powers of Tribunal (2) After the hearing, the Ontario Land Tribunal may, (a)  dismiss the objection in whole or in part; (b)  terminate the agreement; (c)  order that the agreement is terminated unless the parties amend it in accordance with the Tribunal’s order. 2021, c. 4, Sched. 6, s. 41 (7). Same (3) If the Ontario Land Tribunal terminates the agreement or makes an order under clause (2) (c), the Tribunal may order the municipality to refund any amount paid under the agreement in excess of, (a)  if the agreement is terminated, what would have been payable under the development charge by-law; or (b)  if the agreement is amended, what would have been payable under the amended agreement.  1997, c. 27, s. 49 (3); 2021, c. 4, Sched. 6, s. 41 (8). Effective date of amendment (4) An amendment in accordance with an order under clause (2) (c) shall be deemed to have come into force on the day the agreement comes into force.  1997, c. 27, s. 49 (4). Dismissal without hearing (5) Despite subsection (1), the Ontario Land Tribunal may, where it is of the opinion that the objection to the agreement set out in the notice of objection is insufficient, dismiss the objection without holding a full hearing after notifying the person filing the objection and giving that person an opportunity to make representations as to the merits of the objection.  1997, c. 27, s. 49 (5); 2021, c. 4, Sched. 6, s. 41 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1, 7, 8) - 01/06/2021
50 Sections 46 to 49 apply, with necessary modifications, to an amendment to a front-ending agreement other than an amendment pursuant to an order of the Ontario Land Tribunal.  1997, c. 27, s. 50; 2021, c. 4, Sched. 6, s. 41 (9). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (9) - 01/06/2021 Miscellaneous
51 (1) A front-ending agreement comes into force on the day the agreement is made.  1997, c. 27, s. 51 (1). If agreement terminated (2) A front-ending agreement that is terminated by the Ontario Land Tribunal shall be deemed to have never come into force.  1997, c. 27, s. 51 (2); 2021, c. 4, Sched. 6, s. 41 (1). Application to amendments (3) This section applies, with necessary modifications, with respect to amendments to front-ending agreements.  1997, c. 27, s. 51 (3). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (1) - 01/06/2021
52 (1) A person who develops land within the area defined in a front-ending agreement shall pay any amount the agreement provides under clause 44 (1) (c).  1997, c. 27, s. 52 (1). When amounts payable (2) An amount that is payable under subsection (1) is payable upon a building permit being issued for the development unless the front-ending agreement provides for the amount to be payable on a later day or on an earlier day as allowed under subsection (3).  1997, c. 27, s. 52 (2). Same (3) A front-ending agreement may provide that an amount payable under subsection (1) for development that requires approval of a plan of subdivision under section 51 of the Planning Act or a consent under section 53 of the Planning Act and for which a subdivision agreement or consent agreement is entered into, be payable immediately upon the parties entering into the subdivision or consent agreement.  1997, c. 27, s. 52 (3). Special case, certain types of development (3.1) Despite subsections (2) and (3), an amount that is payable under subsection (1) in respect of any part of a development that consists of a type of development set out in subsection 26.1 (2) is payable in accordance with the following provisions, with necessary modifications: 1.  Clause 26.1 (3) (a) or (b), as applicable. 2.  Subsections 26.1 (5), (6) and (9). 2019, c. 9, Sched. 3, s. 12. Transition, date of agreement (3.2) Subsection (3.1) does not apply to an amount that is payable under subsection (1) in respect of a front-ending agreement entered into before the day section 12 of Schedule 3 to the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 3, s. 12. Amounts paid to municipality (4) Amounts paid under subsection (1) shall be paid to the municipality.  1997, c. 27, s. 52 (4). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 12 - 01/01/2020
53 If an amount is payable under a front-ending agreement by a person who develops land, no municipality shall issue a building permit for the development until the amount is paid.  1997, c. 27, s. 53.
54 (1) A municipality that receives money under a front-ending agreement shall place the money in a special account.  1997, c. 27, s. 54 (1). Use of money in special account (2) The money in the special account shall be used, in accordance with the agreement, only for the following purposes: 1.  To pay for work provided for under the agreement. 2.  To reimburse those who, under the agreement, have a right to be reimbursed.  1997, c. 27, s. 54 (2). Return of excess funds (3) Despite subsection (2), if the municipality receives money from parties to the agreement to pay for work provided under the agreement, the municipality shall, if the agreement so provides, return to the parties any amounts that are not needed to pay for the work.  1997, c. 27, s. 54 (3). Money held until objections disposed of (4) If an objection to a front-ending agreement is made, the municipality shall retain any money received from persons who are not parties to the agreement until all the objections to the agreement are disposed of by the Ontario Land Tribunal. If the Tribunal makes an order that the agreement be terminated unless the parties amend it in accordance with the Tribunal’s order, the municipality shall retain the money until the agreement is either terminated or amended. 2021, c. 4, Sched. 6, s. 41 (10). Application to amendments (5) Subsection (4) applies with necessary modifications with respect to amendments to front-ending agreements.  1997, c. 27, s. 54 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 41 (10) - 01/06/2021
55 (1) A person is entitled to be given a credit towards a development charge for the amount of their non-reimbursable share of the costs of work under a front-ending agreement.  1997, c. 27, s. 55 (1). Restriction on the amount (2) If the work would result in a level of service that exceeds the average level of the service in the 10-year period immediately preceding the preparation of the background study for the development charge by-law, the amount of the credit must be reduced in the same proportion that the costs of the work that relate to a level of service that exceeds that average level of service bear to the costs of the work.  Any regulations relating to the level of service and average level of service for the purposes of paragraph 4 of subsection 5 (1) also apply with necessary modifications for the purposes of this subsection.  1997, c. 27, s. 55 (2). Credits are treated like s. 38 credits (3) Credits under this section shall be treated, for the purposes of this Act, as though they were credits under section 38.  1997, c. 27, s. 55 (3).
56 A party to a front-ending agreement may register the agreement or a certified copy of it against the land to which it applies.  1997, c. 27, s. 56.
57 (1) An upper-tier municipality that is a party to a front-ending agreement shall, within 20 days after the agreement is made or amended, give a copy of the agreement or amendment to any area municipality that is not a party to the agreement and whose territory includes any part of the area defined in the agreement.  1997, c. 27, s. 57 (1). Same (2) An area municipality that is a party to a front-ending agreement shall, within 20 days after the agreement is made or amended, give a copy of the agreement or amendment to the upper-tier municipality that the area municipality is part of, if the upper-tier municipality is not a party to the agreement.  1997, c. 27, s. 57 (2). PART IV   GENERAL 58 Repealed:  2009, c. 33, Sched. 2, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 24 - 15/12/2009
59 (1) A municipality shall not, by way of a condition or agreement under section 51 or 53 of the Planning Act, impose directly or indirectly a charge related to a development or a requirement to construct a service related to development except as allowed in subsection (2).  1997, c. 27, s. 59 (1). Exception for local services (2) A condition or agreement referred to in subsection (1) may provide for, (a)  local services, related to a plan of subdivision or within the area to which the plan relates, to be installed or paid for by the owner as a condition of approval under section 51 of the Planning Act; (b)  local services to be installed or paid for by the owner as a condition of approval under section 53 of the Planning Act.  1997, c. 27, s. 59 (2). Limitation (3) This section does not prevent a condition or agreement under section 51 or 53 of the Planning Act from requiring that services be in place before development begins.  1997, c. 27, s. 59 (3). Notice of development charges at transfer (4) In giving approval to a draft plan of subdivision under subsection 51 (31) of the Planning Act, the approval authority shall use its power to impose conditions under clause 51 (25) (d) of the Planning Act to ensure that the persons who first purchase the subdivided land after the final approval of the plan of subdivision are informed, at the time the land is transferred, of all the development charges related to the development.  1997, c. 27, s. 59 (4). Exception, old agreements (5) This section does not affect a condition or agreement imposed or made under section 51 or 53 of the Planning Act
that was in effect on November 23, 1991.  1997, c. 27, s. 59 (5).
59.1 (1) A municipality shall not impose, directly or indirectly, a charge related to a development or a requirement to construct a service related to development, except as permitted by this Act or another Act. 2015, c. 26, s. 8. Prescribed exceptions (2) Subsection (1) does not apply with respect to, (a)  a prescribed class of developments; (b)  a prescribed class of services related to developments; or (c)  a prescribed Act or a prescribed provision of an Act. 2015, c. 26, s. 8. Exception, transition (3) Subsection (1) does not affect a charge that is imposed before the day section 8 of the Smart Growth for Our Communities Act, 2015 comes into force. 2015, c. 26, s. 8. Power of investigation (4) The Minister of Municipal Affairs and Housing may, at any time, investigate whether a municipality has complied with subsection (1). 2015, c. 26, s. 8. Same (5) For the purposes of an investigation under subsection (4), the Minister may, (a)  inquire into any or all of the municipality’s affairs, financial and otherwise; (b)  require the production of any records and documents that may relate to the municipality’s affairs; (c)  inspect, examine, audit and copy anything required to be produced under clause (b); (d)  require any officer of the municipality and any other person to appear before the Minister and give evidence on oath about the municipality’s affairs; and (e)  hold any hearings in respect of the municipality’s affairs as the Minister considers necessary or expedient. 2015, c. 26, s. 8. Application of Public Inquiries Act, 2009 (6) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under subsection (4). 2015, c. 26, s. 8. Cost of investigation (7) The Minister may require the municipality to pay all or part of the cost of an investigation under subsection (4). 2015, c. 26, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 8
- 01/01/2016
60.1 The Lieutenant Governor in Council may make regulations, (a)  setting out transitional rules dealing with matters not specifically dealt with in the amendments to this Act made by Schedule 3 to the More Homes, More Choice Act, 2019; (b)  clarifying the transitional rules set out in the amendments to this Act made by Schedule 3 to the More Homes, More Choice Act, 2019; (c)  setting out transitional rules dealing with matters not specifically dealt with in the amendments to this Act made by Schedule 3 to the COVID-19 Economic Recovery Act, 2020; (d)  clarifying the transitional rules set out in the amendments to this Act made by Schedule 3 to the COVID-19 Economic Recovery Act, 2020. 2019, c. 9, Sched. 3, s. 14; 2020, c. 18, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 3, s. 14 - 06/06/2019 2020, c. 18, Sched. 3, s. 11 - 18/09/2020 PART V 
TRANSITIONAL RULES
61 In this Part, “old Act” means the Development Charges Act as it reads immediately before this section comes into force; (“ancienne loi”) “transition period” means the 18-month period beginning on the day this section comes into force. (“période de transition”)  1997, c. 27, s. 61.
62 (1) This section applies with respect to a development charge by-law under the old Act.  1997, c. 27, s. 62 (1). Continues during transition period (2) Unless it expires or is repealed earlier, a development charge by-law continues in force until the end of the transition period and the old Act continues to apply with respect to the by-law.  1997, c. 27, s. 62 (2). Application of old Act (3) A municipality may, under the old Act, amend or repeal a development charge by-law with respect to which the old Act applies under subsection (2) but the municipality may not pass a new development charge by-law under that Act.  1997, c. 27, s. 62 (3). Repeal at the end of transition period (4) A development charge by-law under the old Act that has not already expired or been repealed expires at the end of the transition period.  1997, c. 27, s. 62 (4). Front-ending agreement requirement (5) For the purposes of subsection 44 (1), a development charge by-law under the old Act shall be deemed to be a development charge by-law under this Act.  1997, c. 27, s. 62 (5).
63 (1) This section applies with respect to a reserve fund under a development charge by-law under the old Act that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period.  1997, c. 27, s. 63 (1). Eligible services (2) If a reserve fund is not for a service referred to in paragraphs 1 to 7 of subsection 2 (4) then, upon the expiry or repeal of the development charge by-law, the reserve fund shall be deemed to be a reserve fund under this Act.  1997, c. 27, s. 63 (2). Ineligible services (3) If a reserve fund is for a service referred to in paragraphs 1 to 7 of subsection 2 (4) then, upon the expiry or repeal of the development charge by-law, the following apply: 1.  The reserve fund shall be deemed to be a general capital reserve fund for the same purpose. 2.  The municipality may, at any time, allocate all the money in the fund to one or more reserve funds established under development charge by-laws under this Act. 3.  Five years after the development charge by-law expires or is repealed, the municipality shall allocate any money remaining in the fund to reserve funds established under development charge by-laws under this Act or, if there are no such reserve funds, to a general capital reserve fund. 4.  Despite paragraph 1, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the fund.  1997, c. 27, s. 63 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 12 (3). Interpretation (4) In this section and in sections 64, 65 and 66, references to paragraphs 1 to 7 of subsection 2 (4) shall be read as references to those provisions as they read before the day subsection 2 (2) of the Smart Growth for Our Communities Act, 2015 comes into force. 2015, c. 26, s. 10. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 12 (3) - 01/01/2007 2015, c. 26, s. 10
- 01/01/2016
64 (1) The following apply with respect to a development charge by-law that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period: 1.  Within 20 days after the expiry or repeal of the development charge by-law, the clerk of the municipality shall give written notice of the expiry or repeal of the by-law and of the last day for applying for a refund of ineligible credits given under section 13 of the old Act which shall be the day that is 80 days after the day the by-law expires or is repealed. 2.  Notices required under paragraph 1 must meet the requirements prescribed in the regulations and shall be given in accordance with the regulations. 3.  A notice required under paragraph 1 shall be deemed to have been given, i.  if the notice is by publication in a newspaper, on the day that the publication occurs, ii.  if the notice is given by mail, on the day that the notice is mailed. 4.  On or before the day that is 90 days after the last day for applying for a refund of ineligible credits given under section 13 of the old Act, the municipality shall pay each holder of such a credit the full value of the credit.  1997, c. 27, s. 64 (1). “Ineligible credit” (2) In this section, “ineligible credit” is a credit given under the old Act in respect of a service referred to in paragraphs 1 to 7 of subsection 2 (4) including such a credit given under the old Act as it applies under section 62.  1997, c. 27, s. 64 (2).
65 (1) The following apply with respect to a development charge by-law that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period: 1.  The holder of an eligible credit given under section 13 of the old Act is entitled to be given a credit towards a development charge under a development charge by-law under this Act of the same municipality under whose by-law the eligible credit was given. 2.  A credit may only be given with respect to the service to which the eligible credit related.  1997, c. 27, s. 65 (1). “Eligible credit” (2) In this section, “eligible credit” is a credit given under the old Act in respect of a service not referred to in paragraphs 1 to 7 of subsection 2 (4) including such a credit given under the old Act as it applies under section 62.  1997, c. 27, s. 65 (2).
66 (1) This section applies with respect to a debt, other than credits, incurred with respect to a service not referred to in paragraphs 1 to 7 of subsection 2 (4), under a development charge by-law under the old Act that expires or is repealed during the transition period or expires, under section 62, at the end of the transition period.  1997, c. 27, s. 66 (1). Can be included as capital cost (2) For the purposes of developing a development charge by-law, the debt may be included as a capital cost subject to any limitations or reductions in this Act or the regulations.  1997, c. 27, s. 66 (2).
67 (1) This section applies with respect to an agreement under subsection 9 (4) or (8) of the old Act (early or late payment) that relates to a development charge under a development charge by-law under the old Act that expires or is repealed during the transition period or expires, under section 62 at the end of the transition period.  1997, c. 27, s. 67 (1). Agreements continued (2) An agreement continues in force after the development charge by-law expires or is repealed but only in respect of a development charge that was payable, in the absence of the agreement, before the development charge by-law expired or was repealed.  1997, c. 27, s. 67 (2).