The Wood Bull Guides

Section 28 [Community Improvement Project Areas]

Subsections amended by Bill 139 are marked below with (*), except for administrative changes.  Bill 139 amends section 28 to allow for the pre-Bill 139 process of section 17 to continue to apply to the establishment of community improvement plans and amendments to the community improvement plans. 


 

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  • 28(1) COMMUNITY IMPROVEMENT PROJECT AREA

    28(1) In this section,

    “community improvement” means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; (“améliorations communautaires”)

    “community improvement plan” means a plan for the community improvement of a community improvement project area; (“plan d’améliorations communautaires”)

    “community improvement project area” means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason.  (“zone d’améliorations communautaires”) R.S.O. 1990, c. P.13, s. 28 (1); 2001, c. 17, s. 7 (1, 2); 2006, c. 23, s. 14 (1).

  • 28(1.1) AFFORDABLE HOUSING

    28(1.1) Without limiting the generality of the definition of “community improvement” in subsection (1), for greater certainty, it includes the provision of affordable housing.  2006, c. 23, s. 14 (2).

  • 28(2) DESIGNATION OF COMMUNITY IMPROVEMENT PROJECT AREA

    28(2) Where there is an official plan in effect in a local municipality or in a prescribed upper-tier municipality that contains provisions relating to community improvement in the municipality, the council may, by by-law, designate the whole or any part of an area covered by such an official plan as a community improvement project area.  R.S.O. 1990, c. P.13, s. 28 (2); 2006, c. 23, s. 14 (3).

    Related Regulations

    O. Reg. 221/07: COMMUNITY IMPROVEMENT PLANS - PRESCRIBED UPPER-TIER MUNICIPALITIES

    Prescribed upper-tier municipalities

    1. The following upper-tier municipalities are prescribed for the purpose of subsection 28 (2) of the Act:

    1. County of Frontenac.

    2. Regional Municipality of Durham.

    3. Regional Municipality of Halton.

    4. Regional Municipality of Niagara.

    5. Regional Municipality of Peel.

    6. Regional Municipality of Waterloo.

    7. Regional Municipality of York.

  • 28(3) ACQUISITION AND CLEARANCE OF LAND

    28(3) When a by-law has been passed under subsection (2), the municipality may,

    (a) acquire land within the community improvement project area;

    (b) hold land acquired before or after the passing of the by-law within the community improvement project area; and

    (c) clear, grade or otherwise prepare the land for community improvement.  R.S.O. 1990, c. P.13, s. 28 (3); 2001, c. 17, s. 7 (3); 2015, c. 26, s. 25.

  • 28(4) COMMUNITY IMPROVEMENT PLAN

    28(4) When a by-law has been passed under subsection (2), the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area and the plan may be adopted and come into effect in accordance with subsections (5) and (5.1).  2006, c. 32, Sched. C, s. 47 (1).

  • 28(4.0.1) RESTRICTION RE UPPER-TIER MUNICIPALITY

    28(4.0.1) The community improvement plan of an upper-tier municipality may deal only with prescribed matters.  2006, c. 23, s. 14 (4).

    Related Regulations

    O. Reg. 550/06: PRESCRIBED MATTERS - UPPER-TIER COMMUNITY IMPROVEMENT PLANS

    Definition

    1. In this Regulation,

    “infrastructure” means physical structures and associated facilities that form the foundation of development, including,

    (a) communications systems,

    (b) electric power systems, oil and gas pipelines, alternative energy systems and renewable energy systems,

    (c) transportation corridors and facilities,

    (d) waste management systems, and

    (e) water works, wastewater works, stormwater works and associated facilities. 

    Matters that may be dealt with in upper-tier community improvement plans

    2. For the purposes of subsection 28 (4.0.1) of the Act, the community improvement plan of an upper-tier municipality may deal only with the following matters:

    1. Infrastructure that is within the upper-tier municipality’s jurisdiction.

    2. Land and buildings within and adjacent to existing or planned transit corridors that have the potential to provide a focus for higher density mixed-use development and redevelopment.

    3. Affordable housing.

  • 28(4.1)-(4.4) REPEALED

    28(4.1)-(4.4) Repealed: 2006, c. 32, Sched. C, s. 47 (1).

  • 28(5) SAME (*)

    28(5) Subsections 17 (15), (17), (19) to (19.3), (19.5) to (24), (25) to (30.1), (44) to (47) and (49) (50) and (50.1), as they read on the day before section 9 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, apply, with necessary modifications, in respect of a community improvement plan and any amendments to it.  2006, c. 32, Sched. C, s. 47 (1); 2017, c. 23, Sched. 3, s. 9.

    Legislative History

    Bill 139 amended this subsection by replacing “and (49) to (50.1) apply” with “and (49), (50) and (50.1), as they read on the day before section 9 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, apply”.

    Related Sections

    The following official plan processes of section 17 of the Planning Act, prior to Bill 139, apply to the establishment of a community improvement plan and any amendment to it:

    • consultation, public meeting and council adoption of plan (s.17(15), (17), (19) to (19.3), (19.5) to (23.2), (26), (27), (28))

    • appeal of plan to the Ontario Municipal Board (the Tribunal) (s.17(24), (25), (25.1))

    • dispute resolution (s.17(26.1) to (26.4))

    • hearing/appeal process (s.17(29) to (30.1), (44) to (47), (49), (50), (50.1)).

    Related Statutes

    All references to the Ontario Municipal Board in the above noted applicable subsections of the pre-Bill 139 Planning Act are deemed to be a reference to the Local Planning Appeal Tribunal (s.2(2) of the Local Planning Appeal Tribunal Act, 2017).

    Wood Bull Commentary

    The adoption and appeal framework for community improvement plans are set out in the specific referenced subsections of section 17.  Bill 139 amends this subsection to allow for the pre-Bill 139 process of section 17 to continue to apply to the establishment of community improvement plans and amendments to community improvement plans.

    Specifically, this allows the basis for appealing the adoption and the powers of the Tribunal for community improvement plans to remain unchanged by Bill 139.  In contrast to the appeal provisions introduced by Bill 139 for official plan amendments, for community improvement plans, the following applies:

    • The basis for appealing are not limited to the community improvement plans being inconsistent with a policy statement, non-conforming/conflicting with a provincial plan or non-conforming with an upper-tier municipal official plan.  Appeals can be filed based on broader land use planning grounds, which must be set out in the notices of appeal. 

    • Appeals are not subject to the double-appeal mechanism.  On an appeal of a community improvement plan, the Tribunal continues to have the power to approve, modify and approve,  or refuse to approve all or part of the community improvement plan.

  • 28(5.1) SAME

    28(5.1) The Minister is deemed to be the approval authority for the purpose of subsection (5).  2006, c. 32, Sched. C, s. 47 (1).

  • 28(5.2) SAME

    28(5.2) Despite subsection (5), if an official plan contains provisions describing the alternative measures mentioned in subsection 17 (19.3), subsections 17 (15), (17) and (19) to (19.2) do not apply in respect of the community improvement plan and any amendments to it, if the measures are complied with.  2006, c. 32, Sched. C, s. 47 (1).

  • 28(6) POWERS OF COUNCIL RE LAND

    28(6) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may,

    (a) construct, repair, rehabilitate or improve buildings on land acquired or held by it in the community improvement project area in conformity with the community improvement plan, and sell, lease or otherwise dispose of any such buildings and the land appurtenant thereto;

    (b) sell, lease or otherwise dispose of any land acquired or held by it in the community improvement project area to any person or governmental authority for use in conformity with the community improvement plan.  R.S.O. 1990, c. P.13, s. 28 (6); 2001, c. 17, s. 7 (6).

  • 28(7) GRANTS OR LOANS RE ELIGIBLE COSTS

    28(7) For the purpose of carrying out a municipality’s community improvement plan that has come into effect, the municipality may make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan.  2006, c. 23, s. 14 (8).

  • 28(7.1) ELIGIBLE COSTS

    28(7.1) For the purposes of subsection (7), the eligible costs of a community improvement plan may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities.  2006, c. 23, s. 14 (8).

  • 28(7.2) GRANTS OR LOANS BETWEEN UPPER AND LOWER-TIER MUNICIPALITIES

    28(7.2) The council of an upper-tier municipality may make grants or loans to the council of a lower-tier municipality and the council of a lower-tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the making of such grants or loans.  2006, c. 23, s. 14 (8).

  • 28(7.3) MAXIMUM AMOUNT

    28(7.3) The total of the grants and loans made in respect of particular lands and buildings under subsections (7) and (7.2) and the tax assistance as defined in section 365.1 of the Municipal Act, 2001 or section 333 of the City of Toronto Act, 2006, as the case may be, that is provided in respect of the lands and buildings shall not exceed the eligible cost of the community improvement plan with respect to those lands and buildings.  2006, c. 23, s. 14 (8); 2006, c. 32, Sched. C, s. 48 (3).

  • 28(8) REPEALED

    28(8) Repealed: 2006, c. 32, Sched. C, s. 47 (3).

  • 28(9) APPLICATION OF S. 32 (2, 3)

    28(9) Subsections 32 (2) and (3) apply with necessary modifications to any loan made under subsection (7) of this section.  R.S.O. 1990, c. P.13, s. 28 (9).

  • 28(10) CONDITIONS OF SALE, ETC.

    28(10) Until a by-law or amending by-law passed under section 34 after the adoption of the community improvement plan is in force in the community improvement project area, no land acquired, and no building constructed, by the municipality in the community improvement project area shall be sold, leased or otherwise disposed of unless the person or authority to whom it is disposed of enters into a written agreement with the municipality that the person or authority will keep and maintain the land and building and the use thereof in conformity with the community improvement plan until such a by-law or amending by-law is in force, but the municipality may, during the period of the development of the plan, lease any land or any building or part thereof in the area for any purpose, whether or not in conformity with the community improvement plan, for a term of not more than three years at any one time.  R.S.O. 1990, c. P.13, s. 28 (10).

  • 28(11) REGISTRATION OF AGREEMENT

    28(11) An agreement concerning a grant or loan made under subsection (7) or an agreement entered into under subsection (10), may be registered against the land to which it applies and the municipality shall be entitled to enforce the provisions thereof against any party to the agreement and, subject to the provisions of the Registry Act and the Land Titles Act, against any and all subsequent owners or tenants of the land.  R.S.O. 1990, c. P.13, s. 28 (11); 2006, c. 23, s. 14 (10).

  • 28(12) DEBENTURES

    28(12) Despite subsection 408 (3) of the Municipal Act, 2001 or any regulation under section 256 of the City of Toronto Act, 2006, debentures issued by the municipality for the purpose of this section may be for such term of years as the debenture by-law, with the approval of the Tribunal, provides.  2002, c. 17, Sched. B, s. 9; 2006, c. 32, Sched. C, s. 47 (4); 2017, c. 23, Sched. 5, s. 91.

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” with the words “the Tribunal”.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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