Delegation to lower-tiers
364.(1)The council of an upper-tier municipality may, by by-law passed before February 28 of a year, delegate to the council of each of its lower-tier municipalities the authority to pass a by-law establishing the tax ratios for the year within the lower-tier municipality for both lower-tier and upper-tier purposes. 1997, c. 5, s. 55; 2000, c. 25, s. 20 (1). By-law must apportion upper-tier levies (2)A by-law under subsection (1) must set out the portion of the general upper-tier levy and any special upper-tier levy that will be raised in each lower-tier municipality or a method by which the portion can be determined. 1997, c. 5, s. 55. Lower-tiers must consent (3)A by-law under subsection (1) establishing tax ratios for a year is not in force unless, before February 28 of the year, the council of every lower-tier municipality that is part of the upper-tier municipality passes a resolution consenting to the by-law. 1997, c. 5, s. 55; 2000, c. 25, s. 20 (2). Upper-tier must be designated by regulation (4)A by-law under subsection (1) establishing tax ratios for a year does not come into force unless a regulation is made, before April 1 of the year, designating the upper-tier municipality for the purposes of this section. 1997, c. 5, s. 55; 2000, c. 25, s. 20 (3). Limitation on amendment, revocation (5)A by-law under subsection (1) establishing tax ratios for a year may not be amended or repealed on or after February 28 of the year. 1997, c. 5, s. 55; 2000, c. 25, s. 20 (4). Delegated authority is exclusive (6)The council of a lower-tier municipality that has been delegated authority to pass a by-law establishing the tax ratios for a year within the municipality has the exclusive authority to pass such a by-law for the year. 1997, c. 5, s. 55. When tax ratios must be established (7)If a council has been delegated the authority to pass a by-law establishing the tax ratios for a year, the council shall do so on or before April 30 of the year. 1997, c. 5, s. 55; 2000, c. 25, s. 20 (5). Application of s. 363 (8)Subsections 363 (6) to (13) apply, with necessary modifications, with respect to a by-law made under a delegation under subsection (1). 1997, c. 5, s. 55. Single set of tax ratios (9)The tax ratios established by the council of a municipality must be the same for both upper-tier and lower-tier purposes. 1997, c. 5, s. 55. Regulations (10)The Minister may make regulations, (a) designating an upper-tier municipality for the purposes of this section; (b) prescribing conditions that must be satisfied before the council of an upper-tier municipality may make a delegation under subsection (1); (c) Repealed: 2000, c. 25, s. 20 (6). (d) governing the requisitions or levies that may be made by the council of an upper-tier municipality that has made a delegation under subsection (1) or that may be made by any other body; (e) doing any of the following that, in the opinion of the Minister, are necessary or desirable as a result of a delegation being made under subsection (1) or as a result of a delegation under subsection (1) not being made in the year following a year in which such a delegation was made, (i) varying the application of this or any other Act, (ii) prescribing provisions to operate in place of any part of this or any other Act, (iii) prescribing provisions to operate in addition to this or any other Act. 1997, c. 5, s. 55; 2000, c. 25, s. 20 (6). Extension of time (11) The Minister of Finance may make regulations extending the time limit in subsections (1), (3), (4), (5) and (7) and the regulations may be made even if the time limit has expired. 2000, c. 25, s. 20 (7). Regulations can be specific (12)A regulation under this section may be general or particular in its application and may be limited to specific municipalities. 1997, c. 5, s. 55. Regulations can be retroactive (13)A regulation under this section may be retroactive to a date not earlier than January 1 of the year in which the regulation was made. 1997, c. 5, s. 55. No delegations for 1998, 1999, 2000 (14)No council shall pass a by-law under subsection (1) to delegate the authority to pass a by-law establishing tax ratios for 1998, 1999 or 2000. 1998, c. 33, s. 12. Regulations, existing delegations (15)The Minister of Finance may make regulations relating to by-laws passed under subsection (1) before subsection (14) came into force. 1998, c. 33, s. 12. Same (16)Regulations under subsection (15) may, (a) continue or repeal a by-law or provide for its continuation, amendment or repeal; (b) with respect to a municipality affected by a by-law under subsection (1) that is continued, amended or repealed, (i) vary the application of this or any other Act, (ii) prescribe provisions to operate in place of any part of this or any other Act, and (iii) prescribe provisions to operate in addition to this or any other Act. 1998, c. 33, s. 12. Same (17)A regulation under subsection (15), (a) may be general or particular in its application and may be limited to specific municipalities; (b) may be retroactive to a date not earlier than January 1, 1998. 1998, c. 33, s. 12. 364.1Repealed: 1997, c. 5, s. 55.