Frais de services

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BEING A BY-LAW for imposing fees and charges for municipal services and activities provided or done by or on the municipality’s behalf. 

WHEREAS, Part XII, Section 391 (1) of the Municipal Act, 2001 as amended, provides for municipalities to pass by-laws imposing fees and charges on any class of persons, 

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

AND WHEREAS, Section 391 (2) of said Act provides that a fee or charge imposed under subsection (1) for capital costs related to sewage or water 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 later point in time. 

AND WHEREAS, Section 69, (1), (2), (3) of the Planning Act, R.S.O. 1990 as amended, provides for municipalities to establish a tariff of fees for the processing of applications made in respect of planning matters. 

AND WHEREAS, Section 42(1) of the Planning Act, R.S.O. 1990 as amended states that as a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes. 

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows: 

1. Definitions 

1.1 “By-Law” includes a resolution for the purpose of a local board. 

1.2 “Local Board” includes any prescribed body performing a public function and a school board but, for the purpose of passing by-laws imposing fees and charges under Part XII of the Municipal Act, 2001, does not include a school board or hospital board. 

1.3“Person” includes a municipality and a local board and the Crown. 

1.4 “Municipality” means the Corporation of The Nation Municipality. 

1.5 “Public Utility” means charges for either capital costs or user costs for water and sewer services. 

2. That fees and charges be imposed for certain services and activities as shown in the attached Schedule “A” attached to and forming part of this By-Law. 

3. The fees and charges shall be invoiced to the person and shall be payable within 30 days of the date of the invoice. Interest at the rate of 1.25% per month shall be charged after the due date. The fees and charges imposed by the municipality on a person constitute a debt of the person to the municipality. 

4.1 The Treasurer is empowered to add any overdue fees and charges imposed by the municipality to the tax roll, annually, prior to the issuance of the final tax bill, for any real property of the person responsible for paying the fees and charges and these shall be collected in like manner as municipal taxes. 

4.2 In the case of fees and charges imposed for the supply of a public utility, the overdue amount shall be added to the tax roll for the property to which the public utility was supplied. 

5. That By-Law No. 98-2025 be hereby repealed. 

6. That this by-law shall come into force on the day of its passing.

Schedule A

*as amended from time to time