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O. Reg. 462/94: MIDLAND (TOWN OF), TOWNSHIP OF TINY BOUNDARY - RELATED MATTERS

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

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Versions
revoked or spent January 1, 2004

Municipal Act, 2001
Loi de 2001 sur les municipalités

ONTARIO REGULATION 462/94

Amended to O. Reg. 416/03

TOWN OF MIDLAND, TOWNSHIP OF TINY BOUNDARY — RELATED MATTERS

Note: This Regulation was revoked on January 1, 2004. See: O. Reg. 416/03, s. 5.

This Regulation is made in English only.

1. In this Regulation,

“annexed area” has the same meaning as in section 64 of the County of Simcoe Act, 1993, as that section read on December 31, 2002. O. Reg. 462/94, s. 1; O. Reg. 416/03, s. 1.

2. (1) All business taxes levied in the annexed area under any general or special Act that are due and unpaid on December 31, 2003, shall continue after that date to be taxes due and payable to The Corporation of the Township of Tiny and may be collected by The Corporation of the Township of Tiny. O. Reg. 462/94, s. 2 (1).

(2) Section 68 of the County of Simcoe Act, 1993, as that section read on December 31, 2002, does not apply to taxes described in subsection (1). O. Reg. 462/94, s. 2 (2); O. Reg. 416/03, s. 2.

3. The Corporation of the Township of Tiny shall not adopt an amendment to an official plan or pass a by-law to amend a restricted area by-law without the prior written approval of The Corporation of the Town of Midland if the proposed amendment deals with land in the annexed area. O. Reg. 462/94, s. 3.

4. (1) On or before January 1, 2004, The Corporation of the Township of Tiny shall pay The Corporation of the Town of Midland an amount calculated as follows:

A = B + C – D

where,

A = amount payable to the Town,

B = the total of all development charges collected and not refunded by the Township of Tiny under the Development Charges Act as that Act read before its repeal and the Development Charges Act, 1997 during the period from January 1, 1994 to December 31, 2003, inclusive, as a result of development in the annexed area,

C = interest accumulated on funds described in B,

D = the portion of the funds described in B and C which, prior to January 1, 2004, The Corporation of the Township of Tiny has spent or has entered into a binding agreement to spend.

O. Reg. 462/94, s. 4 (1); O. Reg. 416/03, s. 3.

(2) The Corporation of the Township of Tiny shall not spend or enter into an agreement to spend any of the funds described in B and C in subsection (1) without the prior written approval of The Corporation of the Town of Midland. O. Reg. 462/94, s. 4 (2).

5. The Corporation of the Town of Midland shall pay compensation to The Corporation of the Township of Tiny in the amounts set out as follows:

Year

Payment

1994

$805,346

1997

168,628

1998

168,628

1999

134,903

2000

101,177

2001

67,451

2002

33,726

O. Reg. 462/94, s. 5.

6. (1) The Corporation of the Town of Midland shall make the payment for 1994 on or before the fifth day following the day on which this Regulation is filed. O. Reg. 462/94, s. 6 (1).

(2) The amount of payment for 1994 shall be increased by the interest accumulated by The Corporation of the Town of Midland until the payment is made to The Corporation of the Township of Tiny, and, for this purpose,

(a) on the amount of $259,427, the interest shall be calculated from December 24, 1993; and

(b) on the amount of $545,919, the interest shall be calculated from the day The Corporation of the Town of Midland received the money from the Minister under section 28 of the County of Simcoe Act, 1993, as that section read on December 31, 2002. O. Reg. 462/94, s. 6 (2); O. Reg. 416/03, s. 4.

7. (1) The Town of Midland shall make the payments for each year from 1997 to 2002, inclusive, in four equal instalments payable on or before the last day of February, April, July and September of each year. O. Reg. 462/94, s. 7 (1).

(2) The amount of a payment under subsection (1) shall be increased by 1.25 per cent for each month or part of it that the payment is due but not paid. O. Reg. 462/94, s. 7 (2).