COMMUNITY BENEFITS CHARGES AND PARKLAND, O. Reg. 509/20

• Jurisdiction: Ontario

ontario regulation 509/20

made under the

Planning Act

Made: September 15, 2020
Filed: September 18, 2020
Published on e-Laws: September 18, 2020
Printed in The Ontario Gazette: October 3, 2020

Community Benefits Charges and Parkland

Excluded development and redevelopment

1. The following are types of development or redevelopment for the purposes of clause 37 (4) (e) of the Act:

1. Development or redevelopment of a building or structure intended for use as a long-term care home within the meaning of subsection 2 (1) of the Long-Term Care Homes Act, 2007.

2. Development or redevelopment of a building or structure intended for use as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010.

3. Development or redevelopment of a building or structure intended for use by any of the following post-secondary institutions for the objects of the institution:

i. a university in Ontario that receives direct, regular and ongoing operating funding from the Government of Ontario,

ii. a college or university federated or affiliated with a university described in subparagraph i,

iii. an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017.

4. Development or redevelopment of a building or structure intended for use as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion.

5. Development or redevelopment of a building or structure intended for use as a hospice to provide end of life care.

6. Development or redevelopment of a building or structure intended for use as residential premises by any of the following entities:

i. a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing,

ii. a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing,

iii. a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act.

Community benefits charge strategy, s. 37 (9) of the Act

2. A community benefits charge strategy prepared under subsection 37 (9) of the Act shall,

(a) include estimates of the anticipated amount, type and location of development and redevelopment with respect to which community benefits charges will be imposed;

(b) include estimates of the increase in the need for facilities, services and matters attributable to the anticipated development and redevelopment to which the community benefits charge by-law would relate;

(c) identify the excess capacity that exists in relation to the facilities, services and matters referred to in clause (b);

(d) include estimates of the extent to which an increase in a facility, service or matter referred to in clause (b) would benefit existing development;

(e) include estimates of the capital costs necessary to provide the facilities, services and matters referred to in clause (b); and

(f) identify any capital grants, subsidies and other contributions made to the municipality or that the council of the municipality anticipates will be...