Legislative Framework

The preparation of a Community Improvement Plan is required to allow the City to offer financial incentives, amongst other activities. Section 106 (1) of the Municipal Act, 2001 prohibits municipalities from assisting directly or indirectly any manufacturing business or other industrial or commercial enterprise through the granting of bonuses for that purpose. A municipality may not grant assistance by:

• Giving or lending any property of the municipality, including money;

• Guaranteeing borrowing;

• Leasing or selling any property of the municipality at below fair market value; or

• giving a total or partial exemption from any levy, charge or fee.

However, the Municipal Act, 2001 provides an exception to the restrictions noted above, where Council has exercised its authority under Section 28 of the Planning Act.

Section 28 of the Planning Act stipulates that where an official Plan contains provision relating to community improvement, council may, by by-law, designate all or any part of an area covered by such an official plan as a community improvement project area.

According to Section 28(1) of the Planning Act, a “community improvement project area” is defined as “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”.

Under the Planning Act, a municipality many engage in the following for the purpose of carrying out a community improvement plan:

• acquire, hold, improvement; clear, grade or otherwise prepare land for community

• construct, repair, rehabilitate or improve buildings on land acquired or held by it in conformity with the community improvement plan;

• sell, lease, or otherwise dispose of any land and buildings acquired or held by it inconformity with the community improvement plan; and

• make grants or loans in conformity with the community improvement plan to the registered owners, assessed owners or assignees to pay for eligible costs.

Discussion:

The Background Report attached as Appendix A to this report contains the background information collected as part of the University Avenue West and Wyandotte Street West Community Improvement Plan. The background information is important to understand