O. Reg. 244/02: FEES AND CHARGES

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Municipal Act, 2001

ONTARIO REGULATION 244/02

Amended to O. Reg. 584/06

FEES AND CHARGES

Note: This Regulation was revoked on January 1, 2007. See: O. Reg. 584/06, ss. 11, 12.

This is the English version of a bilingual regulation.

Limitation re Crown

1. A municipality or local board does not have the power under Part XII of the Act to impose fees or charges,

(a) on a class of person that is comprised solely of the Crown; or

(b) on the Crown for ensuring court security under section 137 of the Police Services Act or otherwise or for escorting and conveying persons in custody. O. Reg. 244/02, s. 1.

Capital costs

2. (1) A municipality or local board does not have the power under Part XII of the Act to impose fees or charges to obtain revenue to pay capital costs, if as a result of development charges by-laws or front-ending agreements under the Development Charges Act, 1997 or a predecessor of that Act that was passed or entered into before the imposition of the fees or charges, payments have been, will be or could be made to the municipality or local board to pay those costs. O. Reg. 244/02, s. 2 (1).

(2) For the purpose of subsection (1),

“capital costs” has the same meaning as it has in the Development Charges Act, 1997; (“dépenses en immobilisations”)

“payments” do not include amounts the municipality or local board has refunded or is required to refund under the Development Charges Act, 1997. (“paiements”) O. Reg. 244/02, s. 2 (2).

Planning applications

3. A municipality or local board does not have the power under Part XII of the Act to impose fees or charges for the processing of applications made in respect of planning matters under the Planning Act. O. Reg. 244/02, s. 3.

Waste

4. (1) A municipality or local board does not have the power to impose fees or charges on a person under Part XII of the Act which relate to the management of waste except on a person who, directly or by means of an agent, disposes of the waste,

(a) through a waste collection service or at a waste management facility of the municipality or local board, as the case may be; or

(b) through a waste collection service or at a waste management facility of any other municipality or local board to which the municipality or local board imposing the fees or charges pays costs related to the management of waste. O. Reg. 244/02, s. 4 (1).

(2) In subsection (1), the management of waste includes the collection, disposal, reuse and recycling of waste. O. Reg. 244/02, s. 4 (2).

(3) Subsection (1) does not prohibit a municipality from imposing fees or charges on a person which relate to the clean up or collection of litter or other waste which has been illegally disposed of on any land. O. Reg. 244/02, s. 4 (3).

Elections

5. (1) A municipality or local board does not have the power to impose fees or charges on another municipality or local board under Part XII of the Act which relate to the conduct of an election under the Municipal Elections Act, 1996. O. Reg. 244/02, s. 5 (1).

(2) Subsection (1) does not apply to the power of a municipality or local board to impose fees or charges on another municipality or local board which relate to the conduct of an election under the Municipal Elections Act, 1996 to obtain the opinion of the electors on a question the other municipality or local board requires to be submitted under subsection 8 (1) or (2) of the Municipal Elections Act, 1996. O. Reg. 244/02, s. 5 (2).

Taxes for school purposes

6. A municipality or local board does not have the power to impose fees or charges on the Crown or on a school board under Part XII of the Act which relate to the collection of real property taxes for school purposes. O. Reg. 244/02, s. 6.

Taxes for upper-tier purposes

7. A municipality or local board does not have the power to impose fees or charges on an upper-tier municipality under Part XII of the Act which relate to the collection of real property taxes for the purposes of the upper-tier municipality. O. Reg. 244/02, s. 7.

Sewage, water capacity

8. A municipality or local board does not have the power to impose fees or charges under Part XII of the Act on a person which relate to the allocation of sewage and water capacity. O. Reg. 244/02, s. 8.

Board of management

9. (1) A board of management established by a municipality for an improvement area under section 204 of the Act is a local board for the purpose of Part XII of the Act. O. Reg. 244/02, s. 9 (1).

(2) A board of management described in subsection (1) may only impose fees or charges under Part XII of the Act on the following classes of persons:

1. Owners of rateable property in the improvement area for which the board of management was established, if the property is a prescribed business property class for the purposes of Part XII of the Act.

2. Tenants of owners described in paragraph 1, if the property leased by the tenant from the owner is a prescribed business property class for the purposes of sections 204 to 214 of the Act in the improvement area for which the board of management was established. O. Reg. 244/02, s. 9 (2).

Telecommunications services and activities

10. (1) A municipality and a local board do not have the power under Part XII of the Act to impose a fee or charge on a person who owns or operates a telecommunications business carrying on business in Ontario for services or activities, costs or the use of property with respect to wires, cables, poles, conduits, equipment, machinery or other works which,

(a) are or will be located on a municipal highway; and

(b) are or will be used as part of the telecommunications business. O. Reg. 244/02, s. 10 (1).

(2) Nothing under subsection (1) prevents the imposition of fees or charges to recover the reasonable costs of the municipality or local board for issuing permits with respect to the works described in subsection (1),

(a) to place the works on a municipal highway; and

(b) to cut the pavement of or otherwise dig up a municipal highway for the works. O. Reg. 244/02, s. 10 (2).

(3) For the purpose of this Regulation,

“telecommunications” has the same meaning as in subsection 2 (1) of the Telecommunications Act (Canada). O. Reg. 244/02, s. 10 (3).

Electricity and gas services, activities

11. A municipality and a local board do not have the power under Part XII of the Act to impose a fee or charge on a generator, transmitter, distributor or retailer, as these terms are defined in section 2 of the Electricity Act, 1998, or on a producer, gas distributor, gas transmitter or storage company, as these terms are defined in section 3 of the Ontario Energy Board Act, 1998, for services or activities, costs payable or the use of property with respect to wire, cables, poles, conduits, pipes, equipment, machinery or other works which,

(a) are or will be located on a municipal highway; and

(b) are or will be used as part of the business of the generator, transmitter distributor, retailer, producer, gas distributor, gas transmitter or storage company, as the case may be. O. Reg. 244/02, s. 11.

Conditions re waste, water

12. (1) This section applies only to the power of a municipality or a local board under Part XII of the Act to impose fees or charges for the use of a waste management system, the use of a sewage system or the consumption of water. O. Reg. 244/02, s. 12 (1).

(2) The amount of fees or charges for the use of a waste management system, for the use of a sewage system or the consumption of water shall not exceed the cost of providing the waste management system, the sewage system or the water system, as the case may be. O. Reg. 244/02, s. 12 (2).

(3) A by-law, if not repealed earlier, expires on December 31 of the year following the year in which the by-law was passed. O. Reg. 244/02, s. 12 (3).

(4) Despite subsection (3), in the case of a by-law which was in force on the day this Regulation comes into force, the by-law expires on December 31 of the year following the year in which this Regulation comes into force. O. Reg. 244/02, s. 12 (4).

(5) Amendments to a by-law under Part XII of the Act do not affect the term of the by-law under subsection (3) or (4). O. Reg. 244/02, s. 12 (5).

(6) Before passing a by-law imposing a fee or charge, the municipality or local board, as the case may be, shall,

(a) hold at least one public meeting at which any person who attends has an opportunity to make representation with respect to the matter;

(b) ensure that a minimum of 21 days notice of the public meeting is given, including giving 21 days notice to every person and organization that has, within five years before the day of the public meeting, given the clerk of the municipality or secretary of the local board, as the case may be, a written request for notice of the passing of the by-law containing a return address;

(c) ensure that notice under this section,

(i) sets out the intention of the municipality or local board to pass the by-law and whether the by-law would impose any fee or charge which was not in effect on the day the notice is given or change any fee or charge which was in force on the day the notice is given, and

(ii) sets out the information described in clause (d) or states that the information will be made available at no cost to any member of the public upon request; and

(d) shall make available to the public information setting out,

(i) a description of the service or activity or other matter for which the fee or charge is being imposed,

(ii) an estimate of the costs of providing the waste management system, the sewage system or the water system, in respect of which the fee or charge is being imposed,

(iii) the amount of the fee or charge, and

(iv) the rationale for imposing the fee or charge. O. Reg. 244/02, s. 12 (6).

Conditions re police or fire purposes

13. (1) This section applies only to the power of a municipality or local board under Part XII of the Act to impose fees or charges for inspections or the issuance of permits for police or fire purposes. O. Reg. 244/02, s. 13 (1).

(2) The amount of the fees or charges for inspections and the issuance of permits for police or fire purposes shall not exceed the cost of providing the police inspection and permit system or the fire inspection and permit system, as the case may be. O. Reg. 244/02, s. 13 (2).

(3) A by-law, if not repealed earlier, expires on December 31 of the third year following the year in which the by-law was passed. O. Reg. 244/02, s. 13 (3).

(4) Despite subsection (3), in the case of a by-law which was in force on the day this Regulation comes into force, the by-law expires on December 31 of the third year following the year in which this Regulation comes into force. O. Reg. 244/02, s. 13 (4).

(5) Amendments to a by-law do not affect the term of the by-law under subsection (3) or (4). O. Reg. 244/02, s. 13 (5).

(6) Before passing a by-law imposing a fee or charge, the municipality or local board, as the case may be, shall,

(a) hold at least one public meeting at which any person who attends has an opportunity to make representation with respect to the matter;

(b) ensure that a minimum of 21 days notice of the public meeting is given, including giving 21 days notice to every person and organization that has, within five years before the day of the public meeting, given the clerk of the municipality or secretary of the local board, as the case may be, a written request for notice of the passing of the by-law containing a return address;

(c) ensure that notice under this section,

(i) sets out the intention of the municipality or local board to pass the by-law under Part XII of the Act and whether the by-law would impose any fee or charge which was not in effect on the day the notice is given or change any fee or charge which was in force on the day the notice is given, and

(ii) sets out the information described in clause (d) or states that the information will be made available at no cost to any member of the public upon request; and

(d) shall make available to the public information setting out,

(i) a description of the service or activity or other matter for which the fee or charge is being imposed,

(ii) an estimate of the costs of providing the police inspection and permit system or the fire inspection and permit system, in respect of which the fee or charge is being imposed,

(iii) the amount of the fee or charge, and

(iv) the rationale for imposing the fee or charge. O. Reg. 244/02, s. 13 (6).

Notice

14. (1) Before passing a by-law under Part XII of the Act to impose fees or charges, a municipality or local board shall ensure that notice of the intention of the municipality or local board, as the case may be, to pass the by-law at the council meeting specified in the notice is given to every person and organization that has, within five years before the day of the council meeting, given the clerk of the municipality or secretary of the local board, as the case may be, a written request for notice of the intention to pass the by-law containing a return address. O. Reg. 244/02, s. 14 (1).

(2) This section does not apply to fees or charges to which section 12 or 13 applies. O. Reg. 244/02, s. 14 (2).

15.  Omitted (revokes other Regulations). O. Reg. 244/02, s. 15.

16. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 244/02, s. 16.

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