CORPORATION OF THE TOWNSHIP OF LAIRD

By-Law No. 2077-26

BEING A BY-LAW TO ESTABLISH FEES AND CHARGES FOR SERVICES AND THE USE OF PROPERTY IN THE TOWNSHIP OF LAIRD.

WHEREAS Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes municipalities to pass by-laws to impose fees or charges on persons,

  • a) for services or activities provided or done by or on behalf of the municipality;
  • b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board;
  • and
  • c) and for the use of its property including property under its control.

AND WHEREAS Subsection 391 (2) of the Municipal Act, 2001 provides that a fee or charge imposed for capital costs related to services or activities may be imposed on persons not receiving an immediate benefit from the services or activities but who will receive a benefit at some point in the future;

AND WHEREAS Subsection 398(1) of the Municipal Act, 2001 as amended provides that fees and charges imposed by a municipality or local board on a person constitute a debt of the person to the municipality or local board, respectively;

AND WHEREAS pursuant to Section 398 (2) of the Municipal Act, 2001 fees imposed pursuant to this by-law constitute a debt of the owner to the Municipality and may be added to the tax roll of the property to which the fees relate, and the owner of which is responsible for paying the fee or charge and shall be collected in like manner as municipal taxes;

AND WHEREAS Subsection 23.1(1) of the Municipal Act, 2001 as amended authorizes a municipality to delegate its powers and duties to a person subject to the restrictions set out in that Part;

AND WHEREAS Subsection 69(1) of the Planning Act, R.S.O. 1990, provides that the council of a municipality may, by by-law, establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality;

AND WHEREAS Section 7 of the Building Code Act, R.S.O. 1992, as amended provides that the council of a municipality may pass by-laws requiring the payment of fees for applications for and issuance of permits and prescribing the amounts thereof, and providing for refunds of fees under such circumstances as are prescribed;

AND WHEREAS the council of the Corporation of the Township of Laird is desirous of establishing user fees and charges to recover some of the costs for services and facilities provided by the Corporation;

NOW THEREFORE The council of the Corporation of the Township of Laird hereby ENACTS AS FOLLOWS:

  1. That the user fees, charges and rents as specified in Schedules “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H” attached to this by-law shall be charged by the Corporation of the Township of Laird for services and activities provided by the Corporation, for costs payable by it for services or activities provided by or on behalf of another municipality or local board, and for the use of property owned or under the control of the Corporation.
  2. All fees and charges set out in this by-law shall be payable prior to the provision of the service unless an agreement in writing is made to the contrary and approved by a municipal official.
  3. In the event any fee or charge imposed herein remains unpaid after provision of the service or is otherwise in arrears in excess of 30 days, such fees or charges may be added to the Tax Roll for any real property in the municipality, the owner of which is responsible for paying the fee or charge and shall be collected in like manner as municipal taxes.
  4. Council hereby delegates to each Department Head of the Corporation of the Township of Laird, the authority to administer such fees and charges and approve such forms and procedures as may be required for the efficient administration of the fees and charges.
  5. Any person who is required to pay a fee for the processing of an application in respect of a planning matter may pay the amount of the fee under protest and thereafter appeal to the Ontario Land Tribunal against the levying of the fee or the amount of the fee by giving written notice of appeal to the Ontario Land Tribunal within 30 days of payment of the fee.
  6. The Ontario Land Tribunal shall hear an appeal made under Clause (5) and shall dismiss the appeal or direct that a refund payment be made to the appellant in such amount as the Tribunal determines.
  7. The fees set out in the by-law shall be reviewed on an annual basis prior to the adoption of the current budget and Where there is a conflict between fees listed in this by-law and those listed in any other by-law, the fees contained in this by-law shall prevail.
  8. That the following schedules attached hereto shall form part of this by-law:
    • Schedule “A” Administration and Corporate Services Fees
    • Schedule “B” Facility Rental