23. (1) For each joint education development charge account held by old boards set out in column 1 of the table to section 22 on December 31, 1997, the successor boards to the old boards shall establish an education development charge account to be held jointly by the successor boards.  O. Reg. 20/98, s. 23 (1). (2) If, under the old Act, the amounts collected under an education development charge by-law would have been deposited into a joint education development charge account, the amounts paid under the by-law, as continued under section 257.103 of the Act, shall be deposited into the corresponding education development charge account established under subsection (1).  O. Reg. 20/98, s. 23 (2). (3) The Development Charges Act and Regulation 268 of the Revised Regulations of Ontario, 1990, as they read on January 31, 1998, continue to apply, with necessary modifications, to money collected by the treasurer of a municipality under an education development charges by-law continued under section 257.103 of the Act and to a joint education development charge account established under subsection (1), subject to the following rules: 1.  In addition to the money that a successor board may withdraw under subsection 5 (7) of Regulation 268 of the Revised Regulations of Ontario, 1990 as it read on January 31, 1998 from the account established under subsection (1), the successor board may withdraw from the account an amount that will be applied to costs that meet all of the following criteria: i.  The costs are education land costs. ii.  The costs are growth-related net education capital costs. iii.  The costs are incurred for the purpose of acquiring land or an interest in land in the area to which applied the successor board’s predecessor by-law for the account established under subsection (1). 2.  Subsection 5 (6) of Regulation 268 of the Revised Regulations of Ontario, 1990 as it read on January 31, 1998 does not apply to withdrawals under paragraph 1. 3.  The total amount that may be withdrawn under paragraph 1 by a successor board shall not exceed the amount determined in accordance with the following formula: A × B × (D + E + F + G + H + I – J – K – L – M – N – P – Q) / (B + C) where, A =  the factor set out in Column 3 of the Table to this section opposite the name of the successor board set out in Column 1 and the name of the successor board’s predecessor set out in Column 2, B =  the revenue raised by charges imposed by the successor board’s predecessor by-law for the account established under subsection (1), C =  the revenue raised by charges imposed by the other education development charge by-law under which amounts were deposited into the predecessor account of the account established under subsection (1), D =  the income earned by the predecessor account of the account established under subsection (1), E =  the income that has been earned by the account established under subsection (1), F =  the future income that will be earned by the account established under subsection (1), G =  the sum of all the amounts that were deposited into the predecessor account of the account established under subsection (1), H =  the sum of all the amounts that have been deposited by the treasurer of a municipality into the account established under subsection (1), I =  the sum of all future amounts that will be deposited by the treasurer of a municipality into the account established under subsection (1), J =  the sum of all the amounts that were withdrawn from the predecessor account of the account established under subsection (1) under subsection 5 (7) of Regulation 268 of the Revised Regulations of Ontario, 1990 as it read on January 31, 1998, K =  the sum of all the amounts that have been withdrawn from the account established under subsection (1) under subsection 5 (7) of Regulation 268 of the Revised Regulations of Ontario, 1990 as it read on January 31, 1998, L =  the sum of all future amounts that will be withdrawn from the account established under subsection (1) under subsection 5 (7) of Regulation 268 of the Revised Regulations of Ontario, 1990 as it read on January 31, 1998, M =  the sum of all future amounts that will be withdrawn under clause (6) (a) from accounts established under paragraph 1 of subsection (4) to which money will be distributed under subsection (5) from the account established under subsection (1), N =  the sum of all the amounts that were refunded from the predecessor account of the account established under subsection (1), including interest, P =  the sum of all the amounts that have been refunded from the account established under subsection (1), including interest, Q =  the sum of all future amounts that will be refunded from the account established under subsection (1), including interest. O. Reg. 473/98, s. 4 (1); O. Reg. 136/00, s. 3 (1); O. Reg. 366/10, s. 7 (1). (4) The following rules apply if an education development charge by-law is repealed or expires and amounts paid under the by-law were required, before it was repealed or expired, to be deposited into an education development charge account established under subsection (1): 1.  The successor board whose by-law was repealed or expired shall establish an education development charge account that is in addition to any other education development charge account that the board may have established. 2.  If, after the repeal or expiry, no amounts under an education development charge by-law of any other board will be required to be deposited into the education development charge account, a surplus in the account shall be distributed in accordance with subsection (5) to the education development charge accounts that have been established in respect of the account under paragraph 1.  O. Reg. 20/98, s. 23 (4); O. Reg. 473/98, s. 4 (2); O. Reg. 366/10, s. 7 (2, 3). (5) If paragraph 2 of subsection (4) requires a surplus in an education development charge account established under subsection (1) to be distributed in accordance with this subsection, the surplus shall be distributed so that the education development charge account established by each successor board under paragraph 1 of subsection (4) in respect of the account receives from the account the amount determined in accordance with the following formula: [A × B × (D + E + F + G – H – I – J – K – L) / (B + C)] – M where, A =  the factor set out in Column 3 of the Table to this section opposite the name of the successor board set out in Column 1 and the name of the successor board’s predecessor set out in Column 2, B =  the revenue raised by charges imposed by the successor board’s predecessor by-law for the account established under subsection (1), C =  the revenue raised by charges imposed by the other education development charge by-law under which amounts were deposited into the predecessor account of the account established under subsection (1), D =  the income earned by the predecessor account of the account established under subsection (1), E =  the income that has been earned by the account established under subsection (1), F =  the sum of all the amounts that were deposited into the predecessor account of the account established under subsection (1), G =  the sum of all the amounts that have been deposited by the treasurer of a municipality into the account established under subsection (1), H =  the sum of all the amounts that were withdrawn from the predecessor account of the account established under subsection (1) under subsection 5 (7) of Regulation 268 of the Revised Regulations of Ontario, 1990 as it read on January 31, 1998, I =  the sum of all the amounts that have been withdrawn from the account established under subsection (1) under subsection 5 (7) of Regulation 268 of the Revised Regulations of Ontario, 1990 as it read on January 31, 1998, J =  the sum of all future amounts that will be withdrawn under clause (6) (a) from accounts established under paragraph 1 of subsection (4) to which money will be distributed under this subsection from the account established under subsection (1), K =  the sum of all the amounts that were refunded from the predecessor account of the account established under subsection (1), including interest, L =  the sum of all the amounts that have been refunded from the account established under subsection (1), including interest, M =  the total of all the amounts that have been withdrawn from the account established under subsection (1) by the successor board under paragraph 1 of subsection (3). O. Reg. 473/98, s. 4 (3); O. Reg. 366/10, s. 7 (4, 5). (6) Money from an education development charge account established under paragraph 1 of subsection (4) may be used only to, (a)  pay amounts that are required to be paid under agreements entered into on or before the date referred to in subsection 257.103 (4) of the Act and that could have been withdrawn under subsection 5 (7) of Regulation 268 as it read on January 31, 1998 from the account established under subsection (1) or from the predecessor account of the account established under subsection (1); or (b)  fund costs that meet all of the following criteria: 1.  The costs are education land costs. 2.  The costs are growth-related net education capital costs. 3.  The costs are incurred for the purpose of acquiring land or an interest in land in the area to which applied the successor board’s predecessor by-law for the account established under subsection (1).  O. Reg. 473/98, s. 4 (3); O. Reg. 136/00, s. 3 (2); O. Reg. 366/10, s. 7 (6). (6.0.1) Despite subsection (6), a board that has not passed a new education development charge by-law may use money from an education development charge account established under paragraph 1 of subsection (4) for a purpose set out in section 1 of Ontario Regulation 446/98 if, (a)  the money is used to fund costs related to school properties located in the area to which applied the successor board’s predecessor by-law for the account established under subsection (1); and (b)  the money is used to fund costs that are growth-related net education capital costs.  O. Reg. 136/00, s. 3 (3); O. Reg. 366/10, s. 7 (7). (6.1) For the purposes of paragraph 5 of section 7, if a board proposes to pass a new education development charge by-law for all or part of an area to which, when the new by-law comes into force, an education development charge by-law of the board that was continued under subsection 257.103 (2) of the Act will still apply, the board’s estimate shall be an estimate of the amounts that will be distributed under subsection (5) to education development charge accounts established by the board on the expiry or repeal of the continued by-law, less any amount that the board has entered into an agreement to pay and that the board is authorized to withdraw but has not yet withdrawn from the education development charge accounts established under subsection (1) in respect of the continued by-law.  O. Reg. 473/98, s. 4 (3); O. Reg. 366/10, s. 7 (8). (6.2) For the purposes of paragraph 5 of section 7, if a board proposes to pass a new education development charge by-law for all or part of an area in respect of which, when the new by-law comes into force, money from education development charge accounts established under paragraph 1 of subsection (4) may be used, the board’s estimate shall be an estimate of the amount that will be in the accounts immediately before the new by-law comes into force, less any amount that the board has entered into an agreement to pay and that the board is authorized to withdraw but has not yet withdrawn from the accounts.  O. Reg. 473/98, s. 4 (3); O. Reg. 366/10, s. 7 (9). (7) Revoked:  O. Reg. 366/10, s. 7 (10). (8) In this section, “predecessor account” means, with respect to an account established under subsection (1), the joint account established under the Development Charges Act, as it read on January 31, 1998, into which amounts were deposited that, under subsection (2), are required to be deposited into the account established under subsection (1); (“compte remplacé”) “predecessor by-law” means, with respect to a successor board and an account established under subsection (1), the education development charge by-law of the successor board’s predecessor under which amounts were deposited into the predecessor account of the account established under subsection (1). (“règlement remplacé”)  O. Reg. 473/98, s. 4 (4). TABLE Item   Column 1    Successor Board   Column 2   Predecessor   Column 3   Factor 

  1.   Conseil de district des écoles publiques de langue française no 59   Le Conseil des écoles publiques d’Ottawa-Carleton   1.00000 

  2.   Conseil scolaire de district catholique Centre-Sud   The Dufferin-Peel Roman Catholic Separate School Board   0.01685 

  3.   Conseil scolaire de district catholique Centre-Sud   The Durham Region Roman Catholic Separate School Board   0.03843 

  4.   Conseil scolaire de district catholique Centre-Sud   The Halton Roman Catholic Separate School Board   0.03633 

  5.   Conseil scolaire de district catholique Centre-Sud   The Hamilton-Wentworth Roman Catholic Separate School Board   0.02826 

  6.   Conseil scolaire de district catholique Centre-Sud   The York Region Roman Catholic Separate School Board   0.02061 

  7.   Conseil scolaire de district catholique du Centre-Est de l’Ontario   Conseil des écoles catholiques de langue française de la région d’Ottawa-Carleton   1.00000 

  8.   Conseil scolaire de district du Centre Sud-Ouest   The Dufferin County Board of Education   0.00410 

  9.   Conseil scolaire de district du Centre Sud-Ouest   The Durham Board of Education   0.00910 

  10.   Conseil scolaire de district du Centre Sud-Ouest   The Halton Board of Education   0.00860 

  11.   Conseil scolaire de district du Centre Sud-Ouest   The Peel Board of Education   0.01050 

  12.   Conseil scolaire de district du Centre Sud-Ouest   The Wentworth County Board of Education   0.00680 

  13.   Conseil scolaire de district du Centre Sud-Ouest   The York Region Board of Education   0.00840 

  14.   Dufferin-Peel Catholic District School Board   The Dufferin-Peel Roman Catholic Separate School Board   0.98315 

  15.   Durham Catholic District School Board   The Durham Region Roman Catholic Separate School Board   0.96157 

  16.   Durham District School Board   The Durham Board of Education   0.99090 

  17.   Halton Catholic District School Board   The Halton Roman Catholic Separate School Board   0.96367 

  18.   Halton District School Board   The Halton Board of Education   0.99140 

  19.   Hamilton-Wentworth Catholic District School Board   The Hamilton-Wentworth Roman Catholic Separate School Board   0.97174 

  20.   Hamilton-Wentworth District School Board   The Wentworth County Board of Education   0.99320 

  21.   Ottawa-Carleton Catholic District School Board   The Carleton Roman Catholic Separate School Board   1.00000 

  22.   Ottawa-Carleton District School Board   The Carleton Board of Education   1.00000 

  23.   Peel District School Board   The Peel Board of Education   0.98950 

  24.   Upper Grand District School Board   The Dufferin County Board of Education   0.99590 

  25.   York Catholic District School Board   The York Region Roman Catholic Separate School Board   0.97939 

  26.   York Region District School Board   The York Region Board of Education   0.99160 O. Reg. 473/98, s. 4 (5). Monthly Reports for Continued By-laws