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O. Reg. 584/06: FEES AND CHARGES

under Municipal Act, 2001, S.O. 2001, c. 25

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Versions
current January 1, 2007 (e-Laws currency date)
December 27, 2006 December 31, 2006

Municipal Act, 2001

ONTARIO REGULATION 584/06

No Amendments

FEES AND CHARGES

Historical version for the period December 27, 2006 to December 31, 2006.

Note: This Regulation comes into force on January 1, 2007. See: O. Reg. 584/06, s. 12.

This is the English version of a bilingual regulation.

CONTENTS

1.

Limitation re Crown

2.

Capital costs

3.

Planning applications

4.

Elections

5.

Taxes for school purposes

6.

Taxes for upper-tier purposes

7.

Board of management

8.

Telecommunications services and activities

9.

Electricity and gas services and activities

10.

Fees or charges, permits for works described in ss. 8 and 9

Limitation re Crown

1. A municipality and a local board do not have power under 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,

(i) for ensuring court security under section 137 of the Police Services Act or otherwise, or

(ii) for escorting and conveying persons in custody. O. Reg. 584/06, s. 1.

Capital costs

2. (1) A municipality and a local board do not have power under 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. 584/06, 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. 584/06, s. 2 (2).

Planning applications

3. A municipality and a local board do not have power under the Act to impose fees or charges for the processing of applications made in respect of planning matters under the Planning Act. O. Reg. 584/06, s. 3.

Elections

4. (1) A municipality and a local board do not have power to impose fees or charges on another municipality or local board under the Act that relate to the conduct of an election under the Municipal Elections Act, 1996. O. Reg. 584/06, s. 4 (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 that 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 that Act. O. Reg. 584/06, s. 4 (2).

Taxes for school purposes

5. A municipality and a local board do not have power to impose fees or charges on the Crown or on a school board under the Act that relate to the collection of real property taxes for school purposes. O. Reg. 584/06, s. 5.

Taxes for upper-tier purposes

6. A municipality and a local board do not have power to impose fees or charges on an upper-tier municipality under the Act that relate to the collection of real property taxes for the purposes of the upper-tier municipality. O. Reg. 584/06, s. 6.

Board of management

7. A board of management established by a municipality for an improvement area under section 204 of the Act may impose fees or charges under the Act only 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 in a prescribed business property class for the purposes of sections 204 to 214 of the Act.

2. Tenants of property described in paragraph 1. O. Reg. 584/06, s. 7.

Telecommunications services and activities

8. (1) A municipality and a local board do not have power under 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 payable or the use of property with respect to wires, cables, poles, conduits, equipment, machinery or other works that,

(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. 584/06, s. 8 (1).

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

“telecommunications” has the same meaning as in subsection 2 (1) of the Telecommunications Act (Canada). O. Reg. 584/06, s. 8 (2).

Electricity and gas services and activities

9. A municipality and a local board do not have power under 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 wires, cables, poles, conduits, pipes, equipment, machinery or other works that,

(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. 584/06, s. 9.

Fees or charges, permits for works described in ss. 8 and 9

10. Nothing in subsection 8 (1) or section 9 prevents the imposition of fees or charges to recover the municipality’s or local board’s reasonable costs for issuing permits with respect to the works described in those provisions,

(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. 584/06, s. 10.

11. Omitted (revokes other Regulations). O. Reg. 584/06, s. 11.

12. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 584/06, s. 12.