The Ontario government provides capital grant funds to school boards to build new pupil places, including the construction of new schools and additions, to accommodate enrolment growth. However, there are no specific grants provided to acquire additional land that may be required as a result of this enrolment growth.  A board may elect to impose education development charges (EDCs) to fund the cost of school sites required to accommodate enrolment growth due to new development, where the board’s total elementary or secondary enrolment exceeds existing school capacity.

Watson & Associates has extensive experience in working with a variety of school boards to develop appropriate EDC by-laws in accordance with the legislation.  Since 1991, we have undertaken the majority of the education development charge background studies and associated public consultation processes in Ontario.

We are regularly asked to provide input, on behalf of our clients, to the Ministry of Education in respect of the legislation governing education development charges under the Education Act, including the development of policies, guidelines and reserve fund reporting requirements.

• establish review areas, consistent with elementary/secondary attendance boundaries, natural geographic barriers, etc.;
• prepare 15-year enrolment projections, by school, by grade, consistent with demographic trends, municipal population/housing forecasts, Provincial program initiatives etc.;
• prepare EDC background studies and EDC submissions for Ministry review/approval;
• determine the quantum of the charge (under various by-law structure options where required) incorporating cash flow analyses of interest earned and expensed over time;
• undertake extensive public consultation consistent with legislative requirements;
• undertake stakeholder negotiations to achieve consensus regarding growth-related needs and implementation;
• develop methodological approaches and reporting requirements, including dealing with transitional reserve fund provisions;
• undertake growth-related land needs assessment and work with real estate appraisers/site engineers to establish net education land costs;
• provide input on regulations, guidelines, etc., and work with legal counsel who are pre-eminent in their field, to derive an EDC by-law passage process consistent with the legislation;
• ensure consistency between long term capital accommodation plans and the need to fund growth-related sites under an EDC by-law.

Our goal is to ensure a timely review and approvals process for an EDC background study/EDC by-law; one that will prove to be fully defensible under public and stakeholder scrutiny. Achieving this result requires that we regularly communicate with Ministry staff and interested stakeholders, provide input on regulations, policies and guidelines at the Provincial level, work with experts in the fields of land valuation, site engineering and education policy, conduct seminars to assist school boards with this process, and, where necessary, provide expert Ontario Municipal Board evidence in support of the EDC by-law under review.