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1. (1) For the purposes of Division E of Part IX of the Act and in this Regulation, “existing industrial building” means a building used for or in connection with, (a)  manufacturing, producing, processing, storing or distributing something, (b)  research or development in connection with manufacturing, producing or processing something, (c)  retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place, (d)  office or administrative purposes, if they are, (i)  carried out with respect to manufacturing, producing, processing, storage or distributing of something, and (ii)  in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution; (“immeuble industriel existant”) “gross floor area” means the total floor area, measured between the outside of exterior walls or between the outside of exterior walls and the centre line of party walls dividing the building from another building, of all floors above the average level of finished ground adjoining the building at its exterior walls; (“surface de plancher hors oeuvre brute”) “growth-related net education capital cost” means the net education capital cost reasonably attributable to the need for such net education capital cost that is attributed to or will result from development in all or part of the area of jurisdiction of a board and, for the purpose of this definition, “net education capital cost” has the same meaning as in Part III of the Development Charges Act as that Act read on January 31, 1998. (“dépense en capital nette à fin scolaire liée à la croissance”)  O. Reg. 20/98, s. 1; O. Reg. 136/00, s. 1; O. Reg. 95/02, s. 1 (1). (2) References in this Regulation to the “board-determined GFA” are references to, (a)  the gross floor area as determined under the applicable education development charge by-law, if the expression “gross floor area” is defined in the by-law; or (b)  the gross floor area as defined in subsection (1), if the applicable education development charge by-law does not contain a definition of “gross floor area”.  O. Reg. 95/02, s. 1 (2). Exclusion from Education Land Costs — Excess Land

2. (1) Costs that are attributable to excess land of a site are prescribed, for the purposes of paragraph 2 of subsection 257.53 (3) of the Act, as costs that are not education land costs.  O. Reg. 20/98, s. 2 (1). (2) Subsection (1) does not apply to costs described in paragraph 5 of subsection 257.53 (2) of the Act.  O. Reg. 20/98, s. 2 (2). (3) Land is not excess land if it is reasonably necessary, (a)  to meet a legal requirement relating to the site; or (b)  to allow the facilities for pupil accommodation that the board intends to provide on the site to be located there and to provide access to those facilities.  O. Reg. 20/98, s. 2 (3). (4) This section does not apply to land, (a)  that has already been acquired by the board before February 1, 1998; or (b)  in respect of which there is an agreement, entered into before February 1, 1998, under which the board is required to, or has an option to, purchase the land.  O. Reg. 20/98, s. 2 (4). (5) In this section, “excess land” means the part of a school site that exceeds the maximum area determined, under Table 1 or Table 2 to this section, based on the number of pupils that can be accommodated in the school to be built on the site. Table 1   Elementary Schools Item   Column 1   Number of pupils   Column 2   Maximum area (acres) 

  1.   1 to 400   4 

  2.   401 to 500   5 

  3.   501 to 600   6 

  4.   601 to 700   7 

  5.   701 or more   8  Table 2   Secondary Schools Item   Column 1   Number of pupils   Column 2   Maximum area (acres) 

  1.   1 to 1000   12 

  2.   1001 to 1100   13 

  3.   1101 to 1200   14 

  4.   1201 to 1300   15 

  5.   1301 to 1400   16 

  6.   1401 to 1500   17 

  7.   1501 or more   18 O. Reg. 20/98, s. 2 (5); O. Reg. 350/17, s. 1. PART II   EXEMPTIONS Additional Dwelling Unit Exemption

3. For the purposes of clause 257.54 (3) (b) of the Act, the following table sets out the name and description of the classes of residential buildings that are prescribed, the maximum number of additional dwelling units that are prescribed for buildings in those classes and the restrictions for each class.  Name of class of residential building   Description of class of residential buildings   Maximum number of additional dwelling units   Restrictions 

  Single detached dwellings   Residential buildings, each of which contains a single dwelling unit, that are not attached to other buildings.   Two   The total gross floor area of the additional dwelling unit or units must be less than or equal to the gross floor area of the dwelling unit already in the building. 

  Semi-detached dwellings or row dwellings   Residential buildings, each of which contains a single dwelling unit, that have one or two vertical walls, but no other parts, attached to other buildings.   One   The gross floor area of the additional dwelling unit must be less than or equal to the gross floor area of the dwelling unit already in the building. 

  Other residential buildings   A residential building not in another class of residential building described in this table.   One   The gross floor area of the additional dwelling unit must be less than or equal to the gross floor area of the smallest dwelling unit already in the building. O. Reg. 20/98, s. 3; O. Reg. 95/02, s. 2. Replacement of Dwelling Unit Exemption

4. (1) Subject to subsection (2), a board shall exempt an owner with respect to the replacement, on the same site, of a dwelling unit that was destroyed by fire, demolition or otherwise, or that was so damaged by fire, demolition or otherwise as to render it uninhabitable.  O. Reg. 20/98, s. 4 (1). (2) A board is not required to exempt an owner if the building permit for the replacement dwelling unit is issued more than two years after, (a)  the date the former dwelling unit was destroyed or became uninhabitable; or (b)  if the former dwelling unit was demolished pursuant to a demolition permit issued before the former dwelling unit was destroyed or became uninhabitable, the date the demolition permit was issued.  O. Reg. 20/98, s. 4 (2). Replacement of Non-Residential Building Exemption