December 2019
Government Passes Bill 138, Plan to Build Ontario Together Act

2019-12-11 10:01:35 AM

CATEGORIES: Finance

The Ontario government has passed Bill 138, Plan to Build Ontario Together Act, which legislates promises made in the government’s 2019 Fall Economic Statement (FES). Promises made in the FES include reducing the corporate income tax rate from 3.5% to 3.2% and reducing the aviation fuel tax in the Norther form 6.7 cents per litre to 2.7 cents per litre.

Below is a summary of the passed legislation that may be of relevance to Ontario’s local governments:

Schedule 6: City of Toronto Act, 2006

  • Adding a provision to include rules about recalculating property taxes when there is a change to the permitted use of land

  • This Schedule comes into effect when Bill 138 received Royal Assent


Schedule 10: Development Charges Act, 1998

  • The payment schedule is amended so that development charges (DCs) for commercial and industrial properties can be payable, in full, at occupancy

  • This will come into effect on a day to be named by proclamation of the Lieutenant Governor

  • Bill 108 originally made DCs payable through six installments over a five-year period beginning at occupancy. Rental housing, institutional developments, and non-profit housing remains to be in this category


Schedule 22: Liquor License and Control Act

  • Municipal councils through a by-law may designate a municipally controlled or owned recreational area to prohibit the possession of liquor. 


Schedule 25: Municipal Act, 2001

  • Adding a provision to include rules about re-calculating property taxes when there is a change to the permitted uses of land

  • This Schedule comes into effect when Bill 138 received Royal Assent


Schedule 31: Planning Act

  • A new provision will be added to section 27 of the Planning Act (which is not yet in effect) that will create an appeals process for a community benefits charge by-law to the Local Planning Appeal Tribunal

  • The notice of appeal is required to be submitted within 40 days of the by-law’s passage and must state the nature of the objection with supporting reasons. The clerk must then forward it to the LPAT within 30 days of the 40-day notice period. The LPAT will hold a hearing and then make a decision. If a municipality is ordered to make a refund, it must do so within 30 days after the LPAT’s decision

  • The schedule also preserves the alternate parkland provision (of 1 hectare for every 300 dwelling units) during the transition period

  • This will come into effect on a day to be named by proclamation of the Lieutenant Governor


For more information, please see below:

Bill 138, Plan to Build Ontario Together 

AMCTO: Government Introduces Bill 138

AMCTO: Ontario Releases 2019 Fall Economic Statement


 


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