By-laws re: fees and charges
220.1(1)In this section, “by-law” includes a resolution for the purpose of a local board; (“règlement municipal”) “local board” means a “local board” as defined in section 1 of the Municipal Affairs Act and any other body performing any public function prescribed by regulation, but for the purpose of passing by-laws imposing fees or charges under this section does not include a school board and a hospital board; (“conseil local”) “municipality” includes a regional, metropolitan and district municipality and the County of Oxford; (“municipalité”) “person” includes a municipality and a local board and the Crown. (“personne”) Same (2)Despite any Act, a municipality and a local board may pass by-laws imposing fees or charges on any class of persons, (a) for services or activities provided or done by or on behalf of it; (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) for the use of its property including property under its control. Restriction, poll tax (3)No by-law under this section shall impose a poll tax or similar fee or charge, including a fee or charge which is imposed on an individual by reason only of his or her presence or residence in the municipality or part of it. Same, other matters (4)No by-law under this section shall impose a fee or charge that is based on, is in respect of or is computed by reference to, (a) the income of a person, however it is earned or received, except that a municipality or local board may exempt, in whole or in part, any class of persons from all or part of a fee or charge on the basis of inability to pay; (b) the use, purchase or consumption by a person of property other than property belonging to or under the control of the municipality or local board that passes the by-law; (c) the use, consumption or purchase by a person of a service other than a service provided or performed by or on behalf of or paid for by the municipality or local board that passes the by-law; (d) the benefit received by a person from a service other than a service provided or performed by or on behalf of or paid for by the municipality or local board that passes the by-law; or (e) the generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources. 1996, c. 1, Sched. M, s. 10. Same, electrical power (5)Nothing in this section authorizes a municipality or local board to impose a fee or charge for distributing or retailing electrical power, including electrical energy, which exceeds the amount permitted by the Ontario Energy Board. 1996, c. 1, Sched. M, s. 10; 1998, c. 15, Sched. E, s. 19 (7). Contents of by-law (6)A by-law under this section may provide for, (a) fees and charges that are in the nature of a direct tax for the purpose of raising revenue; (b) interest charges and other penalties, including the payment of collection costs, for fees and charges that are due and unpaid; (c) discounts and other benefits for early payment of fees and charges; (d) fees and charges that vary on any basis the municipality or local board considers appropriate and specifies in the by-law, including the level or frequency of the service or activity provided or done, the time of day or of year the service or activity is provided and whether the class of persons paying the fee is a resident or non-resident of the municipality; (e) different classes of persons and deal with each class in a different way; and (f) the exemption, in whole or in part, of any class of persons from all or any part of the by-law. Payment details (7)A by-law under this section shall set out when and in what manner the fees and charges are to be paid, the interest charges and other penalties, if any, for fees and charges that are due and unpaid and the discounts and other benefits, if any, for early payment of the fees and charges. Approval of local board by-law (8)A by-law imposing fees or charges passed under this section by a local board of a municipality which is not a local board of any other municipality shall not come into force until the municipality passes a resolution approving the by-law. Exception (9)An approval under subsection (8) is not required if the fees or charges are subject to approval under any federal Act or under a regulation under subsection (13). Debt (10)Fees and charges imposed by a municipality or local board on a person under this section constitute a debt of the person to the municipality or local board, respectively. Amount owing added to tax roll (11)A municipality may, and upon the request of a local board whose area of jurisdiction includes any part of the municipality shall, add fees and charges imposed by the municipality or local board, respectively, under this section to the tax roll for any real property in the municipality all of the owners of which are responsible for paying the fees and charges and collect them in like manner as municipal taxes. No application to O.M.B. (12)If a municipality or local board has imposed fees or charges under any Act, no application shall be made to the Municipal Board under clause 71 (c) of the Ontario Municipal Board Act on the grounds the fees or charges are unfair or unjust. Regulations (13)The Minister may make regulations, (a) providing that a municipality or local board does not have the power to impose fees or charges under this section for services or activities, for costs payable for services or activities, for use of municipal property or on the persons prescribed in the regulation; (b) imposing conditions and limitations on the powers of a municipality or local board under this section; (c) providing that a body is a local board for the purpose of this section. Scope (14)A regulation under this section may be general or specific in its application and may be restricted to those municipalities and local boards specified in the regulation. 1996, c. 1, Sched. M, s. 10.