Definitions
221.(1)In this section, “benefit” means an immediate benefit or deferred benefit accruing to owners or occupants of land and derived or derivable from the construction of sewage works or water works, (“avantage”) and (a) “immediate benefit” means the benefit that accrues and is derived or derivable immediately upon completion of the works, (“avantage immédiat”) and (b) “deferred benefit” means the benefit that accrues upon completion of the works but which is not derived or derivable therefrom until a sewer or water main upon which the land will abut is constructed as part of the works; (“avantage différé”) “capital cost” means the cost of constructing sewage works or water works, inclusive of all items of cost usually and properly chargeable to capital account, and where applicable, the interest amounts payable on the debentures to be issued for the works and the imputed interest costs determined under subsection (3); (“coût en immobilisations”) “capital improvement” means an addition to or an extension, enlargement, alteration, replacement or other improvement of a work of such nature or character that it is usually and properly accounted for as a capital asset; (“améliorations des immobilisations”) “sewage service rate” means a charge for the operation, repair and maintenance of sewage works and includes a charge for depreciation, deferred maintenance or a reserve fund for any such purpose; (“redevance de service d’égout”) “sewage works” means any public works for the collection, transmission, treatment or disposal of sewage, or any part of any such works; (“réseau d’égout”) “sewer rate” means a charge for the capital cost of sewage works; (“redevance d’égout”) “water works” means any works for the collection, production, treatment, storage, supply or distribution of water, or any part of any such works; (“réseau d’adduction d’eau”) “water works rate” means a charge for the capital cost of water works. (“redevance d’eau”) Sewer, water works rate (2)The council of a local municipality, in authorizing the construction of sewage works or water works, may by by-law impose a sewer rate or water works rate upon owners or occupants of land who derive or will or may derive a benefit therefrom sufficient to pay all or such portion of the capital costs of the works as the by-law may specify. Rate of interest for long-term financing (3)Where a by-law passed under subsection (2) specifies that the capital cost of the works is to include the imputed interest cost on money supplied from the funds of the municipality to finance the owners’ share of the cost of the works, the rate of interest to be applied, for determining the imputed interest cost shall be the interest rate, as certified in writing by the treasurer, that the municipality would have expected to pay to finance the owners’ share of the cost of the work by debentures issued on the day named in the certificate having a schedule of maturity dates that would have coincided with the system of collecting the sewer rates or water works rates as established under clause (25) (a). Date of certificate (4)A day named in a certificate under subsection (3), if it is prior to the day that the by-law specifying the capital cost of the works receives first reading, shall not be earlier than sixty days prior to that first reading. Special assessment (5)Where a sewer rate or water works rate is imposed under subsection (2), no part of the capital cost of the works shall be specially assessed under the Local Improvement Act. Land in respect of which rate imposed (6)A by-law passed under subsection (2) shall designate the land for which the owners or occupants are made liable for the sewer rate or water works rate imposed, and, where the land designated does not comprise all land within the municipality, the area thereof shall be defined in the by-law. Idem (7)The land designated under subsection (6) may include not only land for which an immediate benefit accrues but also land for which a deferred benefit accrues. Rate for deferred benefit (8)Where a sewer rate or water works rate is imposed for a deferred benefit, it shall be changed to a rate imposed for immediate benefit as soon as the immediate benefit is derived or derivable. R.S.O. 1990, c. M.45, s. 221 (1-8). Computation of sewer rate (9)A sewer rate shall be computed by any or all or any combination of the following methods: 1. A metre frontage rate on the lands that receive an immediate benefit from the work. 2. A metre frontage rate on the lands that receive a deferred benefit from the work. 3. A hectarage rate or rates on any or all of the lands designated under subsection (6), which rates may differ as between lands that will receive an immediate benefit and lands that will receive a deferred benefit. 4. Repealed: 1997, c. 5, s. 52. 5. A rate on that portion of the lands designated under subsection (6) that is connected to the sewage works based on the water rates or charges charged or chargeable in respect of such lands. 6. A fixed charge for each parcel of land, comprising the land designated under subsection (6), which is a parcel separately assessed according to the last returned assessment roll. 7. Any other method which the council considers to be fair. R.S.O. 1990, c. M.45, s. 221 (9); 1997, c. 5, s. 52. Computation of water works rate (10)A water works rate shall be computed by any or all or any combination of the methods referred to in paragraphs 1 to 4, 6 and 7 of subsection (9). Revenue from rates (11)Where debentures are issued in respect of sewage or water works, the revenue derived in any year from a rate imposed under subsection (2) for the capital cost of the works shall be applied and used towards payment of principal and interest due in that year upon the debentures, and the council shall reduce the amount of the debenture rate to be levied for such debentures in any year upon the rateable property liable therefor by the amount of revenue estimated to be derived in that year from the rate imposed under subsection (2). Idem (12)The revenue from the sewer rate or water works rate imposed under subsection (2), if not required for payment of principal and interest due as specified in subsection (11), may be credited by the municipality to its general revenues. Sewer or water works rate for cost of existing works (13)Where in a local municipality there is land that has not or the owners or occupants of which have not been and are not assessable or taxed with respect to an existing sewage works or water works except in the same manner and to the same extent as all other owners or occupants of land within the municipality or within an area established under clause (e) of paragraph 58 of section 210 have been or are assessable or taxed and a sewer or water main forming part of such existing sewage works or water works is to be constructed by means of which an immediate benefit from the existing works accrues to the owners or occupants of such land, the council may, by by-law, provide for imposing upon the owners or occupants so benefited a sewer rate or water works rate sufficient to pay for such portion or percentage of the capital cost of the existing sewage works or water works as the by-law may specify. Idem (14)A rate may be imposed under subsection (13) even if the capital cost of the existing works has in whole or in part been paid. Revenue from rates imposed under subs. (13) (15)The revenue from the sewer rate or water works rate imposed under subsection (13) if not required for payment of any part of the outstanding capital cost of the existing sewage works or water works shall be applied and used only for future capital improvements of the existing sewage works or water works, as the case may be. Rate under subs. (13) in addition to rate under subs. (2) (16)A rate imposed under subsection (13) shall be separate from and in addition to the rate, if any, imposed under subsection (2) upon the same owners or occupants with respect to the works to be constructed to form part of the existing works. Rate structure (17)The council of a local municipality for the purposes of subsections (2) and (13) may, (a) establish a sewer rate structure or a water works rate structure upon which the sewer rate or water works rate shall be calculated having regard to differences in the several classes of works, the kinds of benefits accruing and all other relevant matters to ensure that rates are imposed on a fair basis; and (b) provide for increasing the metre frontage rate upon lands that are triangular or irregularly shaped and for terminating the increased rate on a fair basis. Commutation (18)The council may by a general by-law or by a by-law applicable to the particular work prescribe terms and conditions upon which persons whose lands are liable to a sewer rate or water works rate imposed by a by-law under this section may commute such rate for a payment in cash. Commutation continued (19)If a council has commuted a sewer rate or water works rate under subsection (18) and subsequently amends the rating by-law establishing the rate to which the commutation applies, the council shall in its amendment provide for the application of the same commutation to the amended rates. Sewage service rate (20)The council of a local municipality may by by-law provide for imposing upon owners or occupants of land who use sewage works a sewage service rate. Idem (21)A sewage service rate may be imposed under subsection (20) even if, (a) a sewer rate has also been imposed with respect to the capital cost of the same works; and (b) the work with respect to which it is imposed was constructed under the Local Improvement Act or any other general or special Act. Sewage service rate structure (22)The council of a local municipality for the purposes of subsection (20) may by by-law establish a sewage service rate structure upon which sewage service rates shall be based and calculated and, in establishing the rate structure, the council shall have regard to differentiating between classes of users, nature, volume and frequency of use and all other relevant matters to ensure that sewage service rates are imposed upon a basis that is equitable and just, and where the sewage service rate is based on the water rate it shall be collectable in the same manner as water rates. Equivalent charges, sewers (23)If a council does not impose a sewage service rate under subsection (20), it may by by-law include as part of a sewer rate imposed under subsection (2) or (13) a charge which could otherwise be imposed as a sewage service rate. Idem, water (24)If a council does not impose a water rate, it may by by-law include as part of a water works rate imposed under subsection (2) or (13) a charge which could otherwise be imposed as a water rate. Collection of rates (25)The council of a local municipality may by by-law establish systems for, (a) fixing times, periods and frequencies at and for which sewer rates or water works rates imposed under subsection (2) or (13) and sewage service rates imposed under subsection (20) shall be payable, and they may be yearly, half-yearly, quarterly or bi-monthly; (b) allowing discounts for prompt payment of such rates or for adding penalties for non-payment by due date; (c) appointing persons, corporations or agencies to have charge of and the power and responsibility for billing and collecting such rates; (d) billing and collecting such rates and for co-ordinating such billing and collecting with the billing and collecting of other kinds of rates or charges imposed by or for the corporation; (e) any other relevant matter or thing. Idem (26)The council of a local municipality may by by-law require any public utilities commission or local board that supplies water to the inhabitants of the municipality to collect such portion of any sewer rate or sewage service rate as is computed by the method referred to in paragraph 5 of subsection (9). Rates a charge on land (27)A sewer rate or water works rate imposed under subsection (2) or (13) and a sewage service rate imposed under subsection (20) upon any owner or occupant of land is a lien and charge upon the land, and, if the rate or any part thereof remains unpaid after due date, the amount unpaid may be collected by distress upon the goods and chattels of such owner or occupants, or the clerk of the municipality, upon notice to the owner or occupant of the amount due, the person by whom it is due and the land upon which a lien is claimed, shall enter the same upon the collector’s roll, and the collector shall proceed to collect it in the same way, as nearly as may be, as municipal taxes are collectable. Exemption from rates (28)No property is exempt from a sewer rate or a water works rate imposed under subsection (2) or (13) or from a sewage service rate imposed under subsection (20) by reason only that it is exempt from taxation under the Assessment Act, but the council of a local municipality may by by-law exempt any property or class of property from all or part of the rate based on the amount of service received or the amount of benefit derived or derivable from the construction of the sewage works or water works. Apportionment (29)Despite any other provision, if a new part or parcel of land is created within an existing part or parcel of land in respect of which a sewer rate or water works rate has been imposed under this section, (a) the council of a local municipality may impose the rate on each new part or parcel; and (b) the revenue from the sewer rate or water works rate imposed under this subsection, if not required for payment of any part of the outstanding capital cost of the sewage works or water works, shall be used only for future capital improvements of the sewage works or water works. Notice (30)The clerk of the municipality shall give the owners of the parts into which the land is divided at least fourteen days notice by mail of the time and place the council will determine the rates under subsection (29). Basis of decision (31)The council in determining the rates shall have regard to the effect of the sewage works or water works on each part into which the parcel of land is divided and such other matters as it considers appropriate. Decision final (32)The decision of the council with respect to the imposition of rates under subsection (29) is final. Order to be filed with the clerk (33)The order imposing the rate shall be filed with the clerk and thereafter the rates shall be imposed and collected in accordance with the order. Existing by-laws (34)Subsection (28) does not affect a sewer rate, water works rate or sewage service rate by-law that was in force on the 19th day of December, 1989. R.S.O. 1990, c. M.45, s. 221 (10-34).