On June 21, 2019 the …

On June 21, 2019 the “Proposed new regulation pertaining to the community benefit authority under the Planning Act” was posted for comment on the Environmental Registry of Ontario. The proposed content under Section 4 of the posting provides a list of the types of development which may be exempt from charges for community benefits under the Planning Act:

• Long-term care homes
• Retirement homes
• Universities and colleges
• Memorial homes, clubhouses or athletic grounds of the Royal Canadian Legion
• Hospices
• Non-profit housing

It is significant that publicly funded school boards are not identified on the list of exempted development. School boards have long been exempt from all charges imposed under the authority of the Development Charges Act and will continue to be exempt from the charges imposed for piped services and other “hard costs” under that legislation. If, however, a regulation is passed as currently proposed, school boards would be subject to charges for community benefits under the Planning Act.
It is important to note that school boards are currently exempt under the Development Charges Act from most of the charges that would form the basis of the community benefits charge.

OASBO submits that it is inconsistent with the intent of the exemption under the Development Charges Act to now render school boards liable to charges for community benefits regardless of the move of these “soft services” to the Planning Act. It seems an inappropriate use of public dollars to charge school boards for community benefits and inconsistent with other relief afforded school boards under Section 58 of the Education Act (this legislative provision exempts school boards from fees and charges imposed under the Municipal Act, 2001 and the City of Toronto Act, 2006). Extending such exemption to community benefit charges would be consistent with the long-standing exemption that school boards have enjoyed in respect of municipal property taxes and development charges and would be consistent with the treatment of universities and colleges. This approach would also retain education funds in the classroom, where they are most needed.

Based on the foregoing, we respectfully request that the Ministry revise the proposed regulation in order to specifically exempt school boards from the payment of community benefit charges.