Regulation - LGIC

Education Development Charges and Notice by School Boards Prior to Acquiring Land: Proposed Regulations

Regulation Number(s):
O. Reg. 20/98 Education Development Charges - General
Proposed New Regulation
Bill or Act:
Education Act
Summary of Proposal:
A proposal to amend Ontario Regulation 20/98 (Education Development Charges - General) made under the Education Act relating to the calculation of education development charges (EDCs) as well as matters relating to "Alternative Projects".

A new regulation is also being proposed to be made under the Education Act to specify the time period in which school boards would be required to provide notice to the Minister of Education regarding any proposed acquisition or expropriation of land.

Additionally, the ministry is currently developing EDC Guidelines which will provide further supporting operational details regarding changes introduced through Bill 108: More Homes, More Choice Act, 2019.

The attached consultation document outlines seven proposed amendments:

1. Rate Increase Restrictions
2. Notice of Public Meetings
3. Existing School Space to be included in the calculation of EDCs
4. Changes to an Alternative Project
5. Education Development Charge-Exempt Institutions
6. Holding Students
7. Notice to Acquire or Expropriate Site
Analysis of Regulatory Impact:
These proposals would impact business by lowering the education development charges rates that are paid, or in the case of a Localized Education Development Agreement, may entirely eliminate the requirement for a land owner to pay education development charges. The financial impact of these changes will vary widely according to each school board, the size and type of development and local economic factors.

These proposals would impact school boards, by requiring additional administrative steps, specifically with respect to the providing advance notification to the Minister of Education of a proposed acquisition of land. School boards could also be impacted where they choose to pursue alternative projects or localized education development agreements, as significant due diligence, planning and comprehensive project development could be required. The financial impact of these changes will vary widely, ranging from a single administrative request to a multi-year planning and construction project.
Further Information:
Proposal Number:
19-EDU002
Posting Date:
August 23, 2019
Comments Due Date:
October 7, 2019
Contact Address:
Capital Programs Branch
315 Front Street West, 15th Floor
Toronto, Ontario
M7A 0B8