GENERAL

CONTENTS 1. Definitions 2. Application 3. Costs recoverable by transit station charge 4. New stations 5. Enlarging residential units 6. Excluded development 7. Transit station charge by-law, requirements 8. Background study 9. Information to Minister 10. Rental housing developments 11. Reserve funds 12. Statement of treasurer Schedule 1 Prescribed municipalities Definitions 1. In this Regulation, “Metrolinx” means the corporation continued under section 2 of the Metrolinx Act, 2006; (“Metrolinx”) “transit station charge area” means the area set out in a transit station charge by-law in accordance with paragraph 1 of section 4 of the Act. (“zone de redevances relatives aux stations de transport en commun”) Application 2. The municipalities listed in Schedule 1 are prescribed for the purposes of section 2 of the Act. Costs recoverable by transit station charge 3. (1) For the purposes of subsections 3 (1) and (2) of the Act, costs related to the construction of a GO Transit station for which a transit station charge may be imposed by a council of a municipality include, (a) costs related to the design and construction of the GO Transit station that are to be paid by the municipality as set out in an agreement between the municipality and Metrolinx; (b) costs incurred by the municipality in respect of acquiring land or interests in land required for the GO Transit station; (c) costs incurred by the municipality in respect of preparing the background study required under clause 6 (1) (a) of the Act in respect of the transit station charge; and (d) interest, financing charges or other similar costs incurred by the municipality in respect of financing the costs described in clauses (a) to (c). (2) The costs mentioned in clause (1) (a) include costs related to the design and construction of any works required to service or provide access to the GO Transit station. New stations 4. (1) For the purposes of subsection 3 (3) of the Act, construction of a GO Transit station begins on the day on which machinery or equipment is first operated in connection with the construction of a building or structure that is part of the station. (2) For greater certainty, any activity performed to prepare a site for the construction of a building or structure mentioned in subsection (1) does not begin the construction of a GO Transit station. Enlarging residential units 5. Despite subsection 3 (5) of the Act, if the only effect of an action described in a clause set out in that subsection is to permit the enlargement of an existing residential unit, no transit station charge may be imposed for the development that requires that action. Excluded development 6. (1) The development of a building or structure intended for any of the following uses is prescribed for the purposes of subsection 3 (6) of the Act: 1. Use as a long-term care home within the meaning of subsection 2 (1) of the Fixing Long-Term Care Act, 2021. 2. Use as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010. 3. 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. Use as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion. 5. Use as a hospice to provide end of life care. (2) The following development is prescribed for the purpose of subsection 3 (6) of the Act: 1. Development that adds one additional residential unit in an existing rental residential building containing four or more residential units but less than 100 residential units. 2. Development that adds more than one residential unit but less than 1 per cent of the existing residential units in an existing rental residential building containing 100 or more residential units. (3) Development that creates any of the following is prescribed for the purposes of subsection 3 (6) of the Act: 1. A second residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the existing detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit. 2. A third residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units. 3. One residential unit in a building or structure ancillary to an existing detached house, semi-detached house or rowhouse on a parcel of land, if the existing detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units. Transit station charge by-law, requirements 7. (1) For the purposes of paragraph 1 of section 4 of the Act, a by-law that is in respect of more than one GO Transit station shall set out a separate transit station charge area in respect of each station. (2) The rules developed under paragraph 2 of section 4 of the Act to determine the amount of a transit station charge are subject to the following restrictions: 1. The rules must provide that the transit station charge must be expressed in units of dollars per square foot of development. 2. The rules must be such that the transit station charge that would be imposed within the transit station charge area is less than or equal to the total of the costs mentioned in section 3 of this Regulation in respect of the GO Transit station within the transit station charge area. (3) Despite paragraph 1 of subsection (2), if the development creates one or more residential units, the rules may provide that the transit station charge must be expressed in units of dollars per residential unit. (4) If a rule in a transit station charge by-law to determine the amount of the transit station charge involves a graduated charge based on the proximity of a development to the GO Transit station, (a) the by-law shall set out the amount of the charge at each interval of distance from the station; and (b) for the purposes of paragraph 2 of subsection (2), the rules must be such that the total of the amounts of the graduated charges that would be imposed within the transit station charge area is less than or equal to the total of the costs mentioned in section 3 of this Regulation in respect of the GO Transit station within the transit station charge area. Background study 8. (1) The following information is prescribed for the purposes of clause 6 (1) (a) of the Act in respect of the GO Transit station that is the subject of the transit station charge by-law: 1. The criteria used to determine the boundaries of the transit station charge area. 2. An estimate of the total costs, including those set out in section 3, that the municipality has agreed to pay in relation to the construction of the GO Transit station that is the subject of the by-law. 3. An estimate of the development described in subsection 3 (5) of the Act that is anticipated to take place within the transit station charge area. 4. Based on the costs set out under paragraph 2 and the development described under paragraph 3, the proposed amount of the transit station charge and all calculations used to determine the proposed amount. 5. If measures are required to offset the financial impact of the charge described in paragraph 4 on the development described in paragraph 3, a plan for the implementation of such measures. (2) The estimate mentioned in paragraph 2 of subsection (1) shall be based on the costs set out in the agreement between Metrolinx and the municipality in respect of the GO Transit station that is the subject of the by-law. (3) For greater certainty, if a transit station charge by-law is in respect of more than one GO Transit station, the information set out in subsection (1) is prescribed in respect of each GO Transit station that is the subject of the by-law. Information to Minister 9. (1) The following information is prescribed for the purposes of clause 6 (3) (c) of the Act: 1. A statement disclosing the sources of funding that the municipality intends to use to finance the costs related to the construction of the GO Transit station, including any borrowed funds, funds from provincial or federal funding or funds from the reserve fund established in respect of the station. (2) If a statement mentioned in paragraph 1 of subsection (1) discloses that the municipality intends to use borrowed funds to finance the costs related to the construction of the GO Transit station, the Minister may require, in writing, that the municipality provide credit information, such as the municipality’s credit rating and borrowing capacity, to the Minister by the deadline set out in subsection 6 (3) of the Act. (3) For greater certainty, if a transit station charge by-law is in respect of more than one GO Transit station, the information set out in subsection (1) is prescribed in respect of each GO Transit station that is the subject of the by-law. Rental housing developments 10. (1) For the purposes of subsection 7 (4) of the Act and this section, “rental housing development” means development of a building or structure with four or more residential units, all of which are intended for use as rented residential premises. (2) A transit station charge for a rental housing development shall be paid in equal annual instalments beginning on the earlier of the date of the issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following five anniversaries of that date. (3) A person required to pay a transit station charge referred to in subsection (2) shall, unless the occupation of the building in respect of which the transit station charge is required is authorized by a permit under the Building Code Act, 1992, notify the municipality within five business days of the building first being occupied. (4) If a person described in subsection (3) fails to comply with that subsection, the transit station charge, including any interest payable in accordance with subsection (5), is payable immediately. (5) A municipality may charge interest on the instalments required by subsection (2) from the date the transit station charge would have been payable in accordance with section 7 of the Act to the date the instalment is paid, at a rate not exceeding the maximum interest rate determined in accordance with section 10 of the Act. (6) Section 11 of the Act applies to instalments required by subsection (2) of this Regulation and interest charged in accordance with subsection (5), with necessary modifications. (7) If any part of a development to which this section applies is changed so that it is no longer a rental housing development, the transit station charge, including any interest payable, but excluding any instalments already paid in accordance with subsection (2), is payable immediately. Reserve funds 11. (1) A municipality that has passed a transit station charge by-law shall establish a separate reserve fund for the GO Transit station to which the charge relates. (2) A municipality shall pay each transit station charge it collects into the reserve fund or funds to which the charge relates. (3) The money in a reserve fund established for a GO Transit station may be spent only for costs set out in section 3 in respect of the GO Transit station. (4) Despite subsections (1) to (3), if a transit station charge by-law is in respect of more than one GO Transit station, the municipality may establish a single reserve fund for all of the GO Transit stations that are the subject of the by-law and the money in such a reserve fund may be spent only for costs set out in section 3 in respect of the GO Transit stations that are the subject of the by-law. (5) Subsections 418 (3) and (4) and 418.1 (14) and (15) of the Municipal Act, 2001 and any equivalent provisions of, or made under, the City of Toronto Act, 2006 do not apply to transit station charges collected by a municipality. Statement of treasurer 12. The financial statement mentioned in clause 17 (1) (a) of the Act shall be made available to the public in accordance with clause 17 (2) (a) of the Act no later than, (a) if the statement is given to the council before June 1 in a year, June 1 of the year; or (b) if the statement is given to the council on or after June 1 in a year, as soon as possible after the day the statement is given. 13. Omitted (provides for coming into force of provisions of this Regulation). Schedule 1 Prescribed Municipalities 1. Town of Ajax. 2. Town of Aurora. 3. City of Barrie. 4. Town of Bradford West Gwillimbury. 5. City of Brampton. 6. City of Burlington. 7. Municipality of Clarington. 8. Regional Municipality of Durham. 9. Town of East Gwillimbury. 10. Town of Grimsby. 11. City of Guelph. 12. Regional Municipality of Halton. 13. Town of Halton Hills. 14. City of Hamilton. 15. Town of Innisfil. 16. Township of King. 17. City of Kitchener. 18. Town of Lincoln. 19. City of Markham. 20. Town of Milton. 21. City of Mississauga. 22. Town of Newmarket. 23. Regional Municipality of Niagara. 24. City of Niagara Falls. 25. Town of Oakville. 26. City of Oshawa. 27. Regional Municipality of Peel. 28. City of Pickering. 29. City of Richmond Hill. 30. City of St. Catharines. 31. County of Simcoe. 32. City of Toronto. 33. City of Vaughan. 34. Regional Municipality of Waterloo. 35. Town of Whitby. 36. Town of Whitchurch-Stouffville. 37. Township of Woolwich. 38. Regional Municipality of York.