Bill 98, Development Charges Act, 1997

Leach, Hon. Allan F. Minister of Municipal Affairs and Housing

Versions

Development Charges Act, 1996

EXPLANATORY NOTES

The Bill revises the Development Charges Act, other than the part that relates to education development charges. A new Act, the Development Charges Act, 1996, will govern development charges. The existing Act will continue but only in relation to education development charges. It is renamed the Education Development Charges Act to reflect this narrower scope. The Bill also amends the County of Simcoe Act, 1993.

Development Charges Act, 1996

Part II of the new Act deals with development charges. Development charges are a way in which municipalities can require those who develop land to contribute to the capital costs necessary to service new development. Part II gives municipalities the power to make development charge by-laws and sets out the limitations and restrictions on the use of such powers. Part II also requires a background study and a public meeting before a development charge by-law is passed. After a by-law is passed, it can be appealed to the Ontario Municipal Board. Complaints can be made to the municipal council about specific development charges and the council's decision can be appealed to the Ontario Municipal Board. Part II also provides for the collection of development charges, how they are used and the credits that can be given towards development charges.

Part III of the new Act deals with front-ending agreements. Front-ending agreements are another way to pay for capital costs to service development. Under a front-ending agreement, the municipality and the other parties to the agreement provide for work to be done that relates to the provision of services. Some of the costs are borne by the parties. However, the agreement will also provide for some of the costs to be borne by persons who develop land in the future. Such persons must contribute in accordance with the agreement. Part III requires notice of front-ending agreements to be given and provides for objections to such agreements to be dealt with by the Ontario Municipal Board.

Part IV of the new Act deals with transitional issues. Development charge by-laws under the existing Act are continued, under the existing Act, for 18 months. Part IV also deals with what happens to reserve funds and credits upon the expiry or repeal of such by-laws.

The significant differences from the existing Development Charges Act include:

1. Limitations on the services and the costs for which development charges can be imposed

An exception is made for small industrial expansions (clause 2 (3)(c), section 4). Certain services are excluded from the services that charges can be imposed for (subsection 2 (4)). The level of services for which charges can be imposed is limited to the municipality's 10-year average (paragraph 3 of subsection 5 (1)). Charges can not be imposed for the part of the increase that can be met with a municipality's existing excess capacity (paragraph 4 of subsection 5 (1)) or for the part that benefits existing development (paragraph 5 of subsection 5 (1)).

2. Municipal contribution

Municipalities are required to contribute from other revenues when development charges are used (section 36). The costs for which charges can be imposed are correspondingly reduced (paragraph 7 of subsection 5 (1) and subsection 5 (6)).

3. Background study required

A background study is required before a development charge by-law is passed (section 10). A by-law may be passed only within one year after the study (section 11).

Amendments to the County of Simcoe Act, 1993

The County of Simcoe Act, 1993 is amended to eliminate the requirement that the County of Simcoe appoint a county roads system committee (repeal of section 37). The requirement that the cities of Orillia and Barrie contribute to the costs of certain roads is also eliminated (repeal of section 38). Their contributions for 1996 are set out in the Bill (subsection 72 (6) of the Bill).

Bill1996

An Act to promote job creation and increased municipal

accountability while providing for the recovery of

development costs related to new growth

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONTENTS


PART I DEFINITIONS
1.	Definitions
PART II DEVELOPMENT CHARGES
	Development Charges
2.	Development charges
3.	Limited exemption
4.	Partial exemption for industrial development
5.	Determination of development charges
6.	Contents of by-law
7.	Categories of services
8.	Commencement of development charge by-law
9.	Duration of development charge by-law
	Process before passing By-Law
10.	Background study
11.	By-law within one year after study
12.	Public meeting before by-law passed
	Appeal of By-Law
13.	Notice of by-law and time for appeal
14.	Appeal of by-law after passed
15.	Clerk's duties on appeal
16.	OMB hearing of appeal
17.	When OMB ordered repeals, amendments effective
18.	Refunds, if OMB repeals by-law, etc.
	Process and Appeals for Amendments to By-Laws
19.	Application of other sections to amendments
	Complaints about Development Charges
20.	Complaint to council of municipality
21.	Notice of decision and time for appeal
22.	Appeal of council's decision
23.	Clerk's duties on appeal
24.	OMB hearing of appeal
25.	Refund if development charge reduced
	Collection of Development Charges
26.	When development charge is payable
27.	Agreement, early or late payment
28.	Withholding of building permit until charge paid
29.	Upper tier municipalities, development charges
30.	If upper tier issues building permits
31.	Agreement, upper tier to collect charges
32.	Unpaid charges added to taxes
	Reserve Funds and the Use of Development Charges
33.	Reserve funds
34.	Development charges paid into reserve funds
35.	Use of reserve funds
36.	Municipality must contribute money
37.	Municipality may borrow from reserve fund
38.	Municipal Act, s. 163 (2) and (3)
	Credits
39.	Credits can be given
40.	Credit relates to service for which work done
41.	Transfer of credits
42.	Use of a credit
	Miscellaneous
43.	Registration of by-law
44.	Statement of treasurer
PART III FRONT-ENDING AGREEMENTS
	Front-Ending Agreements
45.	Front-ending agreement
46.	Requirements of agreements
	Objections to Agreements
47.	Notice of agreement and time for objections
48.	Objection to agreement
49.	Clerk's duties if objection
50.	OMB hearing of objection
51.	Objections to amendments
	Miscellaneous
52.	When agreements in force
53.	Non-parties bound by agreement
54.	Building permits withheld until amounts paid
55.	Use of money received under an agreement
56.	Credits
57.	Registration of agreement
58.	Notice to other tier
PART IV GENERAL
59.	No right of petition
60.	Planning Act, ss. 51, 53
61.	Regulations
PART V TRANSITIONAL RULES
62.	Interpretation
63.	By-laws under the old Act
64.	Reserve funds under the old Act
65.	Credits under old section 13, ineligible services
66.	Credits under old section 13, eligible services
67.	Credits under old section 14
68.	Debt under the old Act for eligible services
69.	Agreements to pay early or late
70.	Regulations, transition
PART VI AMENDMENTS, COMMENCEMENT AND SHORT TITLE
	Amendments to Development Charges Act
71.	Amendments to Development Charges Act
	Amendments to County of Simcoe Act, 1993
72.	Amendments to County of Simcoe Act, 1993
	Complementary Amendments
73.	Education Act
74.	Municipal Act
	Commencement and Short Title
75.	Commencement
76.	Short title

PART I

DEFINITIONS

Definitions

1. In this Act,

"area municipality" means,

(a) a town, other than a separated town, township or village in a county, and

(b) a city, town, village or township in a regional, metropolitan or district municipality; ("municipalité de secteur")

"development" includes redevelopment; ("aménagement")

"development charge by-law" means a by-law made under section 2; ("règlement de redevances d'aménagement")

"front-ending agreement" means an agreement under section 45; ("accord initial")

"local board" means a local board as defined in section 1 of the Municipal Affairs Act other than a board as defined in subsection 1 (1) of the Education Act; ("conseil local")

"municipality" means a municipality as defined in subsection 1 (1) of the Municipal Act; ("municipalité")

"upper tier municipality" means a county or a regional, metropolitan or district municipality. ("municipalité de palier supérieur")

PART II

DEVELOPMENT CHARGES

Development Charges

Development charges

2. (1) The council of a municipality may by by-law impose development charges against land to pay for increased capital costs required because of increased needs for services arising from development of the area to which the by-law applies.

What development can be charged for

(2) A development charge may be imposed only for development that requires,

(a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34 of the Planning Act;

(b) the approval of a minor variance under section 45 of the Planning Act;

(d) the approval of a plan of subdivision under section 51 of the Planning Act;

(e) a consent under section 53 of the Planning Act;

(f) the approval of a description under section 50 of the Condominium Act; or

(g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure.

Same

(3) An action mentioned in clauses (2)(a) to (g) does not satisfy the requirements of subsection (2) if the only effect of the action is to,

(a) permit the enlargement of an existing dwelling unit;

(b) permit the creation of one or two additional dwellingunits as prescribed, in prescribed classes of existing residential buildings; or

Ineligible services

(4) A development charge by-law may not impose development charges to pay for increased capital costs required because of increased needs for any of the following:

1. The provision of cultural or entertainment facilities, including museums, theatres and art galleries but not including public libraries.

2. The provision of tourism facilities, including convention centres.

3. The acquisition of land for parks.

4. The provision of a hospital as defined in the Public Hospitals Act.

5. The provision of headquarters for the general administration of municipalities and local boards.

6. Other services prescribed in the regulations.

Local services

(5) A development charge by-law may not impose development charges with respect to local services described in clauses 60 (2) (a) and (b).

Services can be outside the municipality

(6) A development charge by-law may impose development charges with respect to services that are provided outside the municipality.

Application of by-law

(7) A development charge by-law may apply to the entire municipality or only part of it.

Multiple by-laws allowed

(8) More than one development charge by-law may apply to the same area.

Limited exemption

3. No land, except land owned by and used for the purposes of a municipality or a board as defined in subsection 1 (1) of the Education Act, is exempt from a development charge by reason only that it is exempt from taxation under section 3 of the Assessment Act.

Partial exemption for industrial development

4. (1) If the only effect of the actions mentioned in clauses 2 (2)(a) to (g) is to permit the enlargement of the gross floor area of an existing industrial building by more than 50 per cent, the amount of the development charge that is payable is determined under subsection (2).

Amount of charge

(2) The amount of the development charge referred to in subsection (1) is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows:

1. Determine the amount by which the enlargement of the gross floor area exceeds 50 per cent of the gross floor area before the enlargement.

2. Divide the amount determined under paragraph 1 by the amount of the enlargement.

Determination of development charges

5. (1) The following is the method that must be used, in developing a development charge by-law, to determine the development charges that may be imposed:

1. The anticipated amount, type and location of development, for which development charges can be imposed, must be estimated.

2. The increase in the need for service attributable to the anticipated development must be estimated for each service to which the development charge by-law would relate.

3. The estimate under paragraph 2 must not include an increase that would result in the level of service exceeding the average level of that service provided in the municipality over the 10-year period immediately preceding the preparation of the background study required under section 10. How the level of service and average level of service is determined may be governed by the regulations. The estimate also must not include an increase in the need for service that relates to a time after the 10-year period immediately following the preparation of the background study unless the service is set out in subsection (6).

4. The increase in the need for service attributable to the anticipated development must be reduced by the part of that increase that can be met using the municipality's uncommitted excess capacity. How the uncommitted excess capacity is determined may begoverned by the regulations.

5. The increase in the need for service must be reduced by the extent to which an increase in service to meet the increased need would benefit existing development. The extent to which an increase in service would benefit existing development may be governed by the regulations.

6. The capital costs necessary to provide the increased services must be estimated. The capital costs must be reduced by the reductions set out in subsection (2). What is included as a capital cost is set out in subsection (3). How the capital costs are estimated may be governed by the regulations.

7. The capital costs must be reduced by the percentage determined under subsection (6).

8. Rules must be developed to determine if a development charge is payable in particular cases and to determine the amount of the charge, subject to the limitations set out in subsection (7).

9. The rules may provide for full or partial exemptions for types of development and for the phasing in of development charges. The rules may also provide for the indexing of development charges based on one of the prescribed indices.

Capital costs, deductions

(2) The capital costs, determined under paragraph 6 of subsection (1), must be reduced by any capital grants, subsidies and other contributions made to a municipality or that the council of the municipality anticipates will be made, including conveyances or payments under the Planning Act, in respect of the capital cost.

Capital costs, inclusions

(3) The following are capital costs for the purposes of paragraph 6 of subsection (1) if they are incurred or proposed to be incurred by a municipality or a local board directly or indirectly:

1. Costs to acquire land or an interest in land, including a leasehold interest.

2. Costs to improve land.

3. Costs to acquire, lease, construct or improve buildings and structures.

4. Costs to acquire, lease, construct or improve facilities including,

i. rolling stock, furniture and equipment, and

ii. materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act.

5. Costs to undertake studies in connection with any of the matters referred to in paragraphs 1 to 4.

6. Costs of the development charge background study required under section 10.

7. Interest on money borrowed to pay for costs described in paragraphs 1 to 4.

Capital costs, leases, etc.

(4) Only the capital component of costs to lease anything or to acquire a leasehold interest is included as a capital cost under subsection (3).

Costs incurred by others

(5) Without limiting the generality of subsection (3), the costs of a person that a municipality or local board pays, or agrees to pay, are costs that are indirectly incurred by the municipality or local board for the purposes of subsection (3).

Percentage reduction

(6) The percentage reduction referred to in paragraph 7 of subsection (1) is 30 per cent except for the following services, for which the percentage is 10 per cent:

1. Water supply services, including distribution and treatment services.

2. Waste water services, including sewers and treatment services.

3. Storm water drainage and control services.

4. Services related to a highway as defined in subsection 1 (1) of the Municipal Act.

5. Public transportation services as defined in subsection 93 (1) of the Public Transportation and Highway Improvement Act.

6. Electrical power services.

7. Waste management services.

8. Police services.

9. Fire protection services.

10. Other services as prescribed.

Restriction on rules

(7) The rules developed under paragraph 8 of subsection (1) to determine if a development charge is payable in a particular case and to determine the amount of the charge are subject to the following restrictions:

1. The rules must be such that the total of the development charges that would be imposed upon the anticipated development is less than or equal to the capital costs determined under paragraphs 2 to 7 of subsection (1) for all the services to which the development charge by-law relates.

2. If the rules expressly identify a type of development they must not provide for the type of development to pay development charges that exceed the capital costs, determined under paragraphs 2 to 7 of subsection (1), that arise from the increase in the need for services attributable to the type of development. However, it is not necessary that the amount of the development charge for a particular development be limited to the increase in capital costs, if any, that are attributable to that particular development.

3. If the development charge by-law will exempt a type of development, phase in a development charge, or otherwise provide for a type of development to have a lower development charge than is allowed, the rules for determining development charges may not provide for any resulting shortfall to be made up through higher development charges for other development.

Contents of by-law

6. A development charge by-law must set out the following:

1. The rules developed under paragraph 8 of subsection 5 (1) for determining if a development charge is payable in a particular case and for determining the amount of the charge.

2. An express statement indicating how, if at all, the rules provide for exemptions, for the phasing in of development charges and for the indexing of development charges.

3. How the rules referred to in paragraph 1 apply to theredevelopment of land.

4. The area of the municipality to which the by-law applies.

Categories of services

7. (1) A development charge by-law may provide for services, each of which is subject to the same percentage reduction under subsection 5 (6), to be grouped into a category of services.

Effect of categories

(2) A category of services shall be deemed to be a single service for the purposes of this Act in relation to reserve funds, the use of money from reserve funds and credits.

Commencement of development charge by-law

8. A development charge by-law or a by-law amending it comes into force on the day it is passed or the day specified in the by-law, whichever is later.

Duration of development charge by-law

9. (1) Unless it expires or is repealed earlier, a development charge by-law expires five years after the day it comes into force.

Council can pass new by-law

(2) Subsection (1) does not prevent a council from passing a new development charge by-law.

Process before passing By-Law

Background study

10. (1) Before passing a development charge by-law, the council shall complete a development charge background study.

(2) The development charge background study shall include,

(a) the estimates under paragraph 1 of subsection 5 (1) of the anticipated amount, type and location of development;

(b) the calculations under paragraphs 2 to 7 of subsection 5 (1) for each service to which the development charge by-law would relate;

(c) an examination, for each service to which the development charge by-law would relate, of the long term capital and operating costs for capital infrastructure required for the service; and

(d) such other information as may be prescribed.

By-law within one year after study

11. A development charge by-law may only be passed within the one-year period following the completion of the development charge background study.

Public meeting before by-law passed

12. (1) Before passing a development charge by-law, the council shall,

(a) hold at least one public meeting;

(b) give at least 20-days notice of the meeting or meetings in the manner and to the persons and organizations prescribed; and

(c) ensure that the proposed by-law and the background study is made available to the public at least two weeks prior to the meeting or, if there is more than one meeting, prior to the first meeting.

Making representations

(2) Any person who attends a meeting under this section may make representations relating to the proposed by-law.

Council determination is final

(3) If a proposed by-law is changed following a meeting under this section, the council shall determine whether a further meeting under this section is necessary and such a determination is final and not subject to review by a court or the Ontario Municipal Board.

Appeal of By-Law

Notice of by-law and time for appeal

13. (1) The clerk of a municipality that has passed a development charge by-law shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed.

Requirements of notice

(2) Notices required under this section must meet the requirements prescribed in the regulations and shall be given to the persons prescribed in the regulations.

Same

(3) Every notice required under this section must be given not later than 20 days after the day the by-law is passed.

When notice given

(4) A notice required under this section shall be deemed to have been given,

(a) if the notice is by publication in a newspaper, on the day that the publication occurs;

(b) if the notice is given by mail, on the day that the notice is mailed.

Appeal of by-law after passed

14. Any person or organization may appeal a development charge by-law to the Ontario Municipal Board by filing with the clerk of the municipality on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection.

Clerk's duties on appeal

15. (1) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a development charge by-law, the clerk shall compile a record that includes,

(a) a copy of the by-law certified by the clerk;

(b) a copy of the development charge background study;

(c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and

(d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed.

Same

(2) The clerk shall forward a copy of the notice of appeal and the record to the secretary of the Ontario Municipal Board within 30 days after the last day of appeal and shall provide such other information or material as the Board may require in respect of the appeal.

Affidavit, declaration conclusive evidence

(3) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration.

OMB hearing of appeal

16. (1) The Ontario Municipal Board shall hold a hearing to deal with any notice of appeal of a development charge by-law forwarded by the clerk of a municipality.

Who to get notice

(2) The Ontario Municipal Board shall determine who shall be given notice of the hearing and in what manner.

Powers of OMB

(3) After the hearing, the Ontario Municipal Board may,

(a) dismiss the appeal in whole or in part;

(b) order the council of the municipality to repeal or amend the by-law in accordance with the Board's order;

Limitation on powers

(4) The Ontario Municipal Board may not amend or order the amendment of a by-law so as to,

(a) increase the amount of a development charge that will be payable in any particular case;

(b) remove, or reduce the scope of, an exemption;

(c) change a provision for the phasing in of development charges in such a way as to make a charge, or part of a charge, payable earlier;

(d) change the date the by-law will expire.

Dismissal without hearing

(5) Despite subsection (1), the Ontario Municipal Board may, where it is of the opinion that the objection to the 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.

When OMB ordered repeals, amendments effective

17. The repeal or amendment of a development charge by-law by the Ontario Municipal Board, or by the council of a municipality pursuant to an order of the Ontario Municipal Board, shall be deemed to have come into force on the day the by-law came into force.

Refunds, if OMB repeals by-law, etc.

18. (1) If the Ontario Municipal Board repeals or amends a development charge by-law or orders the council of a municipality to repeal or amend a development charge by-law, the municipality shall refund,

(a) in the case of a repeal, any development charge paid under the by-law;

(b) in the case of an amendment, the difference between any development charge paid under the by-law and thedevelopment charge that would have been payable under the by-law as amended.

When refund due

(2) If a municipality is required to make a refund under subsection (1), it shall do so,

(a) if the Ontario Municipal Board repeals or amends the by-law, within 30 days after the Board's order;

(b) if the Ontario Municipal Board orders the council of the municipality to repeal or amend the by-law, within 30 days after the repeal or amendment by the council.

Interest

(3) The municipality shall pay interest on an amount it refunds at the prescribed rate from the time the amount was paid to the municipality to the time it is refunded.

Process and Appeals for Amendments to By-Laws

Application of other sections to amendments

19. (1) Sections 10 to 18 apply, with necessary modifications, to an amendment to a development charge by-law other than an amendment by, or pursuant to an order of, the Ontario Municipal Board.

Limitation of OMB powers

(2) In an appeal of an amendment to a development charge by-law, the Ontario Municipal Board may exercise its powers only in relation to the amendment.

Complaints about Development Charges

Complaint to council of municipality

20. (1) A person required to pay a development charge, or the person's agent, may complain to the council of the municipality imposing the development charge that,

(a) the amount of the development charge was incorrectly determined;

(b) whether a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined; or

Time limit

(2) A complaint may not be made under subsection (1) later than 90 days after the day the development charge, or any part of it, is payable.

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.

Hearing

(4) The council shall hold a hearing into the complaint and shall give the complainant an opportunity to make representations at the hearing.

Notice of hearing

(5) The clerk of the municipality shall mail a notice of the hearing to the complainant at least 14 days before the hearing.

Council's powers

(6) After hearing the evidence and submissions of the complainant, the council may dismiss the complaint or rectify any incorrect determination or error that was the subject of the complaint.

Notice of decision and time for appeal

21. (1) The clerk of the municipality shall mail to the complainant 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.

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.

Appeal of council's decision

22. (1) A complainant may appeal the decision of the council of the municipality to the Ontario Municipal Board 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.

Additional ground

(2) A complainant may also appeal to the Ontario Municipal Board 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.

Clerk's duties on appeal

23. (1) If a notice of appeal under subsection 22 (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 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 in support of the complaint;

(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 Act.

Same

(2) If a notice of appeal under subsection 22 (2) is filed with the clerk of the municipality, the clerk shall compile a record that includes,

(a) a copy of the 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 in support of the complaint.

Same

(3) The clerk shall forward a copy of the notice of appeal and the record to the secretary of the Ontario Municipal Board within 30 days after the notice is received and shall provide such other information and material that the Board may require in respect of the appeal.

OMB hearing of appeal

24. (1) The Ontario Municipal Board shall hold a hearing to deal with any notice of appeal relating to a complaint forwarded by the clerk of a municipality.

Parties

(2) The parties to the appeal are the appellant and the municipality.

Notice to parties

(3) The Ontario Municipal Board shall give notice of the hearing to the parties.

Powers of OMB

(4) After the hearing, the Ontario Municipal Board may do anything that could have been done by the council of the municipality under subsection 20 (6).

Dismissal without hearing

(5) Despite subsection (1), the Ontario Municipal Board may, where it is of the opinion that the complaint 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.

Refund if development charge reduced

25. (1) If a development charge that has already been paid is reduced by the council of a municipality under section 20 or by the Ontario Municipal Board under section 24, the municipality shall immediately refund the overpayment.

Interest

(2) The municipality shall pay interest on an amount it refunds at the prescribed rate from the time the amount was paid to the municipality to the time it is refunded.

Collection of Development Charges

When development charge is payable

26. (1) A development charge is payable for a development upon a building permit being issued for the development unless the development charge by-law provides otherwise under subsection (2).

Special case, approval of plan of subdivision

(2) A municipality may, in a development charge by-law, provide that a development charge for services set out in subsection 5 (6) 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 agreement.

Agreement prevails

(3) This section does not apply in cases where there is an agreement under section 27.

Agreement, early or late payment

27. (1) A municipality may enter into an agreement with a person who is required to pay a development charge providing for all or any part of a development charge to be paid before or after it would otherwise be payable.

Amount of charge payable

(2) The total amount of a development charge payable under an agreement under this section is, unless the agreement provides otherwise, the amount of the development charge that would be determined under the by-law at the earlier of,

(a) the time the development charge or any part of it is payable under the agreement;

(b) the time the development charge would have been payable in the absence of the agreement.

Interest on late payments

(3) An agreement under this section may allow the municipality to charge interest, at a rate stipulated in the agreement, on that part of the development charge paid after it would otherwise be payable.

Withholding of building permit until charge paid

28. Despite any other Act, a municipality is not required to issue a building permit for development to which a development charge applies unless the development charge has been paid.

Upper tier municipalities, development charges

29. If a development charge is imposed by an upper tier municipality on a development in an area municipality, the following apply:

1. The treasurer of the upper tier municipality shall certify to the treasurer of the area municipality that the charge has been imposed, the amount of the charge, the manner in which the charge is to be paid and when the charge is payable.

2. The treasurer of the area municipality shall collect the charge when it is payable and shall, unless otherwise agreed by the upper tier municipality, pay the charge to the treasurer of the upper tier municipality on or before the 25th day of the month following the month in which the charge is received by the area municipality.

3. If the charge is collected by the upper tier municipality, the treasurer of the upper tier municipality shall certify to the treasurer of the area municipality that the charge has been collected.

If upper tier issues building permits

30. If an upper tier municipality issues building permits, the treasurer of each area municipality within the upper tier municipality shall, when all development charges and education development charges under the Education Development Charges Act are paid with respect to a development in the area municipality, certify to the chief building official of the upper tier municipality that those charges have been paid.

Agreement, upper tier to collect charges

31. (1) If building permits are issued by an upper tier municipality, the upper tier municipality may agree with an area municipality to collect all the development charges and education development charges under the Education Development Charges Act on development in the area municipality.

Sections 29 and 30

(2) If an agreement is made under this section, sections 29 and 30 do not apply with respect to development in the area municipality.

Unpaid charges added to taxes

32. (1) If a development charge or any part of it remains unpaid after it is payable, the amount unpaid shall be added to the tax roll and shall be collected in the same manner as taxes.

Treasurer certifies unpaid amount

(2) If a development charge or any part of it imposed by an upper tier municipality remains unpaid after it is payable, the treasurer of the upper tier municipality shall certify to the treasurer of the area municipality in which the land is located the amount that is unpaid.

Reserve Funds and the Use of Development Charges

Reserve funds

33. A municipality that has passed a development charge by-law shall establish a separate reserve fund for each service to which the development charge relates.

Development charges paid into reserve funds

34. The municipality shall pay each development charge it collects into the reserve fund or funds to which the charge relates.

Use of reserve funds

35. The money in a reserve fund established for a service may be spent only for capital costs determined under paragraphs 2 to 6 of subsection 5 (1).

Municipality must contribute money

36. (1) Money in a reserve fund may be spent for capital costsonly if the municipality spends, for the same capital costs, an amount of money from a source other than the reserve fund.

Amount of municipality's contribution

(2) The amount of money the municipality must spend, under subsection (1), for capital costs in relation to a service depends on the percentage reduction, under subsection 5 (6), that relates to the service and the amount shall be determined as follows:

1. If the percentage was 10 per cent, the amount is 10 per cent of the total of that amount and the amount spent from the reserve fund.

2. If the percentage was 30 per cent, the amount is 30 per cent of the total of that amount and the amount spent from the reserve fund.

Municipality may borrow from reserve fund

37. Despite section 35, a municipality may borrow money from a reserve fund but if it does so, the municipality shall repay the amount used plus interest at the prescribed rate.

Municipal Act, s. 163 (2) and (3)

38. Subsections 163 (2) and (3) of the Municipal Act apply with necessary modifications to development charges collected by a municipality.

Credits

Credits can be given

39. (1) A municipality may agree to give a credit towards a development charge in exchange for work that relates to a service other than a service referred to in paragraphs 1 to 6 of subsection 2 (4).

Municipality bound

(2) A municipality that has agreed to give a credit shall do so in accordance with the agreement.

Amount of credits

(3) The amount of the credit is the reasonable cost of doing the work as agreed by the municipality and the person who is to be given the credit.

Limitation: above average level of service

(4) No credit may be given for any part of the cost of work that relates to an increase in the level of service that exceeds the average level of service described in paragraph 3 of subsection 5 (1).

Credit can be given before work completed

(5) A credit, or any part of it, may be given before the work for which the credit is given is completed.

Credit relates to service for which work done

40. (1) A credit given in exchange for work done is a credit only in relation to the service to which the work relates.

Credits can be divided among services

(2) If the work relates to more than one service, the credit for the work must be allocated, in the manner agreed by the municipality, among the services to which the work relates.

Exception by agreement

(3) The municipality may agree that a credit given be in relation to another service to which the development charge by-law relates.

Changes after credit given

(4) The municipality may agree to change a credit so that it relates to another service to which the development charge by-law relates.

Transfer of credits

41. (1) A credit may not be transferred unless,

(a) the holder and person to whom the credit is to be transferred have agreed in writing to the transfer; and

(b) the municipality has agreed to the transfer, either in the agreement under which the holder of the credit was given the credit or subsequently.

Transfer is by municipality

(2) The transfer of a credit is not effective until the municipality transfers it.

When municipality must transfer credit

(3) A municipality shall transfer a credit upon being requested to do so by the holder, the person to whom the credit is to be transferred or the agent of either of them and being given proof that the conditions in subsection (1) are satisfied.

Use of a credit

42. (1) A credit that relates to a service may be used only with respect to that part of a development charge that relates to the service.

Use under another development charge by-law

(2) A credit given towards a development charge under a development charge by-law may be used for a development charge under another development charge by-law only if that otherdevelopment charge by-law so provides.

Used by holder or agent

(3) A credit may be used only by the holder or the holder's agent.

Part of credit must be redeemed

(4) When a credit is used against a development charge, part of the credit shall be used to reduce the development charge that is payable and part of the credit must be redeemed for money.

Amount of credit to be redeemed

(5) The part of a credit that must be redeemed depends on the percentage reduction, under subsection 5 (6), that relates to the service to which the credit relates and shall be determined as follows:

1. If the percentage was 10 per cent, the amount that must be redeemed is 10 per cent of the total of that amount and the part of the credit that is used against the development charge.

2. If the percentage was 30 per cent, the amount that must be redeemed is 30 per cent of the total of that amount and the part of the credit that is used against the development charge.

Money used to redeem credits

(6) The municipality shall pay for the part of a credit that is redeemed with money from a source other than a reserve fund relating to a development charge by-law.

Miscellaneous

Registration of by-law

43. A municipality that has passed a development charge by-law may register the by-law or a certified copy of it against the land to which it applies.

Statement of treasurer

44. (1) The treasurer of a municipality shall each year on or before such date as the council of the municipality may direct, give the council a financial statement relating to development charge by-laws and reserve funds established under section 33.

Requirements

(2) A statement must include, for the preceding year, statements of the opening and closing balances of the reserve funds and of the transactions relating to the funds and such other information as is prescribed in the regulations.

Copy to Minister

(3) The treasurer shall give a copy of a statement to the Minister of Municipal Affairs and Housing within 60 days after giving the statement to the council.

PART III

FRONT-ENDING AGREEMENTS

Front-Ending Agreements

Front-ending agreement

45. (1) A municipality in which a development charge by-law is in force may enter into a agreement, called a front-ending agreement, that,

(a) provides for work to be done after the agreement is entered into that relates to the provision of services for which there will be an increased need as a result of development and that will benefit an area of the municipality defined in the agreement;

(b) provides for the costs of the work to be borne by one or more of the parties to the agreement; and

(c) provides for persons who, in the future, develop land within the area defined in the agreement to pay an amount to reimburse some part of the costs of the work.

Services that can not be covered

(2) The services to which the work to be done relates must not include a service in respect of which a development charge could not be imposed under subsection 2 (4) or (5).

Reimbursement restriction

(3) A front-ending agreement may provide for a person who is not a party to the agreement to pay an amount only if the person develops land and a development charge could be imposed for the development under subsections 2 (2) and (3).

"Tiering" of front end costs

(4) A front-ending agreement may provide for persons who reimburse part of the costs of the work borne by the parties to be themselves reimbursed by persons who later develop land within the area defined in the agreement.

Person can not be reimbursed for their share

(5) A front-ending agreement must not provide for a person to be reimbursed for any part of their non-reimbursable share of the costs of the work as determined under the agreement.

Inclusions in cost of work

(6) A front-ending agreement may provide for the following tobe included in the cost of the work:

1. The reasonable costs of administering the agreement.

2. The reasonable costs of consultants and studies required to prepare the agreement.

Requirements of agreements

46. 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.

Objections to Agreements

Notice of agreement and time for objections

47. (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.

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.

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.

Agreement to be available

(4) The clerk of the municipality shall ensure that the agreement can be viewed as set out in the notice.

Objection to agreement

48. 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.

Clerk's duties if objection

49. (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.

Same

(2) The clerk shall forward a copy of the notice of objection and the record to the secretary of the Ontario Municipal Board within 30 days after the last day for filing an objection and shall provide such other information or material as the Board may require in respect of the objection.

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.

OMB hearing of objection

50. (1) The Ontario Municipal Board shall hold a hearing to deal with any notice of objection to a front-ending agreementforwarded by the clerk of a municipality.

Powers of OMB

(2) After the hearing, the Ontario Municipal Board may,

(a) dismiss the objection in whole or in part;

(b) terminate the agreement;

(3) Unless the Ontario Municipal Board orders otherwise, 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.

Dismissal without hearing

(4) Despite subsection (1), the Ontario Municipal Board 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.

Objections to amendments

51. Sections 47 to 50 apply, with necessary modifications, to an amendment to a front-ending agreement other than an amendment pursuant to an order of the Ontario Municipal Board.

Miscellaneous

When agreements in force

52. (1) A front-ending agreement comes into force on the day the agreement is made.

Same

(2) A front-ending agreement that is amended in accordance with an order of the Ontario Municipal Board under clause 50 (2) (c) shall, if the order so provides, be deemed to have come into force on a day specified by the Board, that is later than the day the agreement was made.

Limitation where objections

(3) If an objection to the front-ending agreement is made, an amount payable under the agreement by a person who is not a party is not payable,

(a) until all the objections to the agreement are dismissed; or

(b) until the agreement is amended if the Ontario MunicipalBoard makes an order that the agreement be terminated unless the parties amend it in accordance with the Board's order.

If agreement terminated

(4) A front-ending agreement that is terminated by the Ontario Municipal Board shall be deemed to have never come into force.

Application to amendments

(5) This section applies, with necessary modifications, with respect to amendments to front-ending agreements.

Non-parties bound by agreement

53. (1) A person who develops land within the area defined in a front-ending agreement shall pay any amount the agreement provides under clause 45 (1) (c).

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 it to be payable on a later day.

Amounts paid to municipality

(3) Amounts paid under subsection (1) shall be paid to the municipality.

Building permits withheld until amounts paid

54. 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.

Use of money received under an agreement

55. (1) A municipality that receives money under a front-ending agreement shall place the money in a special account.

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.

Return of excess funds

(3) Despite subsection (2), if the municipality receives money from the other 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.

Credits

56. 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 subject to the following restrictions:

1. The development charge by-law under which the development charge is imposed must be a by-law of a municipality that was a party to the front-ending agreement.

2. A credit may only be given with respect to the service to which the work relates.

3. 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 making of the front-ending agreement, 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. The regulations relating to the level of service and average level of service for the purposes of paragraph 3 of subsection 5 (1) also apply, with necessary modifications, for the purposes of this paragraph.

Registration of agreement

57. A party to a front-ending agreement may register the agreement or a certified copy of it against the land to which it applies.

Notice to other tier

58. (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.

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.

PART IV

GENERAL

No right of petition

59. Despite section 95 of the Ontario Municipal Board Act, there is no right to file a petition under that section in respect of any order or decision of the Ontario Municipal Board under this Act.

Planning Act, ss. 51, 53

60. (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).

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 to be installed at the expense of the owner as a condition of approval under section 51 of the Planning Act;

(b) local services to be installed at the expense of the owner as a condition of approval under section 53 of the Planning Act.

Exception, old agreements

(3) 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.

Regulations

61. (1) The Lieutenant Governor in Council may make regulations,

(a) defining or clarifying "gross floor area" and "existing industrial building" for the purposes of this Act;

(b) for the purposes of clause 2 (3) (b), prescribing classes of residential buildings, prescribing the number of additional dwelling units for buildings in such classes and governing what constitutes a separate building;

(d) prescribing, for the purposes of paragraph 6 of subsection 2 (4), services for which development charges may not be imposed;

(e) governing the determination of the level of service and the average level of service for the purposes of paragraph 2 of subsection 5 (1);

(f) governing the determination of the uncommitted excess capacity for the purposes of paragraph 4 of subsection 5 (1);

(g) governing the determination of the extent to which an increase in service would benefit existing development for the purposes of paragraph 5 of subsection 5 (1);

(h) governing the estimation of the capital costs for the purposes of paragraph 6 of subsection 5 (1);

(i) prescribing an index or indices for the purpose of paragraph 9 of subsection 5 (1);

(j) clarifying or defining terms used in paragraphs 1 to 9 of subsection 5 (6);

(k) prescribing, for the purposes of paragraph 10 of subsection 5 (6), services for which the percentage reduction is 10 per cent;

(l) prescribing information that must be included in a background study under section 10;

(m) defining or clarifying "operating costs" for the purposes of clause 10 (2) (c);

(n) for the purposes of clause 12 (1) (b), prescribing the persons and organizations to whom notice shall be given and the manner of giving such notice;

(o) for the purposes of subsection 13 (2), governing notices of the passing of development charge by-laws and prescribing who shall be given such notices;

(p) prescribing the interest rate or a method for determining the interest rate that municipalities shall pay under subsections 18 (3) and 25 (2) and section 37;

(q) prescribing the information to be included in the statement of the treasurer of a municipality under section 44;

(r) requiring municipalities to give notice of the particulars of development charge by-laws that are in force, in the manner, and to the persons, prescribed in the regulations.

Forms

(2) Regulations under subsection (1) may require the use of forms approved by the Minister of Municipal Affairs and Housing.

PART V

TRANSITIONAL RULES

Interpretation

62. 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")

By-laws under the old Act

63. (1) This section applies with respect to a development charge by-law under the old Act.

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.

Repeal at the end of transition period

(3) 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.

Front-ending agreement requirement

(4) For the purposes of subsection 45 (1), a development charge by-law under the old Act shall be deemed to be a development charge by-law under this Act.

Reserve funds under the old Act

64. (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 63, at the end of the transition period.

Eligible services

(2) If a reserve fund is not for a service referred to in paragraphs 1 to 6 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.

Ineligible services

(3) If a reserve fund is for a service referred to in paragraphs 1 to 6 of subsection 2 (4) then, upon the expiry orrepeal 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 163 (4) of the Municipal Act does not apply with respect to the fund.

Credits under old section 13, ineligible services

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 63, 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 to the persons prescribed in 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.

"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 6 of subsection 2 (4) including such a credit given under the old Act as it applies under section 63.

Credits under old section 13, eligible services

66. (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 63, 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.

"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 6 of subsection 2 (4) including such a credit given under the old Act as it applies under section 63.

Credits under old section 14

67. A credit given under section 14 of the old Act expires with the expiry or repeal of the development charge by-law and a holder of such credits is not entitled to paid anything, or to be given any credit under this Act, in respect of such credits.

Debt under the old Act for eligible services

68. (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 6 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 63, at the end of the transition period.

Can be included as capital cost

(2) For the purposes of developing a development charge by-law, the debt may, to the extent allowed by the regulations, and subject to the limitations and modifications set out in the regulations, be included as a capital cost.

Agreements to pay early or late

69. (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 63 at the end of the transition period.

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.

Regulations, transition

70. The Lieutenant Governor in Council may make regulations,

(a) governing notices of the expiry or repeal of development charge by-laws under paragraph 2 of subsection 65 (1) and prescribing who shall be given such notices;

(b) for the purposes of section 68, governing the extent to which a debt may be included as a capital cost, limiting when a debt may be included and modifying the application of this Act with respect to a debt included as a capital cost;

(d) setting out transitional rules dealing with matters not specifically dealt with in this Part;

(e) clarifying the transitional rules set out in this Part.

PART VI

AMENDMENTS, COMMENCEMENT AND SHORT TITLE

Amendments to Development Charges Act

Amendments to Development Charges Act

71. (1) The title of the Development Charges Act is repealed and the following substituted:

EDUCATION DEVELOPMENT CHARGES ACT

(2) The definitions in section 1 of the Act are repealed except for the definitions of "area municipality", "development", "municipality", "Municipal Board", "prescribed" and "upper tier municipality".

(3) Section 2 of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, section 44, is repealed and the following substituted:

Administration

2. The Minister of Education and Training is responsible for the administration of this Act.

(4) Part I of the Act, as amended by the Statutes of Ontario, 1996, chapter 4, sections 45 to 52, and Part II of the Act, are repealed.

(5) Subsection 36 (3) of the Act is repealed and the following substituted:

Procedures adopted

(3) Subsections 8 (3) to (14) of the Development Charges Act, being chapter D.9 of the Revised Statutes of Ontario, 1990, as they appeared in those revised statutes, apply with necessary modifications to a complaint under subsection (1).

(6) Sections 44, 45 and 47 of the Act are repealed.

Amendments to County of Simcoe Act, 1993

County of Simcoe Act, 1993

72. (1) Section 37 of the County of Simcoe Act, 1993 is repealed.

(2) Section 38 of the Act is repealed.

(3) Subsection 44 (3) of the Act is repealed and the following substituted:

Development charges

(3) Despite subsection (1), a by-law of a former municipality passed under section 3 of the Development Charges Act, as it existed before January 1, 1994, pertaining to an area in a local municipality shall be deemed to be a by-law of the local municipality and shall remain in force until it is repealed or it expires.

(4) Clause 67 (1) (b) of the Act is repealed and the following substituted:

(b) a development charge by-law of the Township of Tiny under the Development Charges Act, 1996 which remains in force in the annexed area, despite section 9 of that Act, until the date it is repealed by the council of the Town of Midland or, if it is not repealed, until the later of,

(i) the date it expires as provided in the by-law or under section 9 of the Development Charges Act, 1996, and

(ii) December 31, 2006.

(5) The members appointed, under subsection 37 (2) of the County of Simcoe Act, 1993, to the county roads system committee cease to hold office on the day this Act receives Royal Assent.

(6) The amounts payable under subsection 38 (3) of the County of Simcoe Act, 1993, as it existed before January 1, 1997, to the County of Simcoe for 1996 are as follows:

1. The amount to be paid by the City of Barrie is $184,900.

2. The amount to be paid by the City of Orillia is $79,440.

(7) The amounts referred to in subsection (6) are due on the day this Act receives Royal Assent.

Complementary Amendments

Education Act

73. Subsection 171.1 (4) of the Education Act, as re-enacted by the Statutes of Ontario, 1996, chapter 13, section 7, is amended by striking out "Development Charges Act" in the fifth line and substituting "Education Development Charges Act".

Municipal Act

74. (1) The definition of "school board" in subsection 167.4 (1) of the Municipal Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 47, is amended by striking out "Development Charges Act" in the third line and substituting "Education Development Charges Act".

(2) The definition of "school board" in subsection 210.1 (1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 48, is amended by striking out "Development Charges Act" in the third line and substituting "Education Development Charges Act".

(3) Subsection 210.1 (8) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 48, is repealed and the following substituted:

Development charges exemption

(8) Despite the Development Charges Act, 1996, a by-law passed under subsection (7) may provide for a full or partial exemption for the facilities from the payment of development chargesimposed by the municipality under that Act.

(4) Subsection 210.1 (13) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 48, is amended by striking out "Development Charges Act" in the first and second lines and substituting "Education Development Charges Act".

(5) Subsection 210.1 (8) of the Municipal Act as it appears immediately before subsection (3) comes into force continues to apply with respect to the Development Charges Act as that Act applies under subsection 63 (2) of this Act.

Commencement and Short Title

Commencement

75. (1) Except as provided in this section, this Act comes into force on a day to be named by proclamation of the Lieutenant Governor in Council.

Same

(2) Subsection 72 (1) comes into force on the day this Act receives Royal Assent.

Same

(3) Subsection 72 (2) shall be deemed to have come into force on January 1, 1997.

Same

(4) Subsection 72 (3) shall be deemed to have come into force on November 16, 1995.

Same

(5) Subsections 72 (5), (6) and (7) come into force on the day this Act receives Royal Assent.

Short title

76. The short title of this Act is the Development Charges Act, 1996.