Where does the authority to establish a CIL program come from?
The legislative basis for Cash-in-lieu of Parking is Section 40 of the Ontario Planning Act. The Act provides that an owner or occupant of a building may enter into an agreement with the Council of a municipality to exempt the owner or occupant, to the extent specified in the agreement, from the requirement of providing or maintaining the required parking facilities. The Act further specifies that the consideration for the agreement, in exchange for the exemption, will be the payment of money, and that the agreement will specify the basis upon which the payment is calculated. The monies collected are to be paid into a special account to be applied for the same purposes as a reserve fund established under the Municipal Act, 2001.
