Apportionment of dssab Service Manager’s Housing Costs
18. (1) In this section, “tax ratio”, with respect to a property, means the tax ratio established under section 308 of the Municipal Act, 2001 for the property class it is in; (“coefficient d’impôt”) “weighted assessment” means, (a) with respect to property that is in a subclass to which section 313 of the Municipal Act, 2001 applies, the taxable assessment for the property, as reduced by the percentage reduction that applies with respect to that assessment under section 313 of the Municipal Act, 2001 and multiplied by the tax ratio of the property class that the property is in, and (b) in all other cases, the taxable assessment for a property multiplied by the tax ratio of the property class that the property is in. (“évaluation pondérée”) O. Reg. 642/00, s. 18 (1); O. Reg. 413/02, s. 2 (1, 2); O. Reg. 143/03, s. 2 (1, 2). (2) For the purposes of this section, (a) the amount of the housing costs of a dssab service manager for a period that are attributable to the parts of its service area comprised of municipalities are its housing costs incurred or to be incurred in respect of those parts of its service area for that period; and (b) the amount of the housing costs of a dssab service manager for a period that are attributable to the parts of its service area comprised of territory without municipal organization are its housing costs incurred or to be incurred in respect of those parts of its service area for that period. O. Reg. 642/00, s. 18 (2). (3) The attribution of housing costs between municipalities and territory without municipal organization in accordance with subsection (2) must be approved by the Minister. O. Reg. 642/00, s. 18 (3). (4) Subject to subsections (5) to (8), the amount determined under clause (2) (a) shall be apportioned among the municipalities within a dssab service manager’s service area as follows: 1. When the assessment rolls of the municipalities within the service area are returned to the clerks under section 36 of the Assessment Act, they shall also be provided to the dssab service manager. 2. Each municipality shall provide the dssab service manager with a copy of its by-law setting its tax ratios on or before the date it is required under section 308 of the Municipal Act, 2001 to make the by-law. 3. The dssab service manager shall determine, for each municipality, the amount to be apportioned to the municipality in accordance with the following formula: A = B × (C ÷ D) where, A = the amount to be apportioned to the municipality, B = the amount determined under clause (2) (a), C = the sum of the weighted assessments for all of the properties in the municipality, D = the sum of the weighted assessments for all of the properties in all of the municipalities. O. Reg. 642/00, s. 18 (4); O. Reg. 413/02, s. 2 (3); O. Reg. 143/03, s. 2 (3). (5) A dssab service manager may apportion its housing costs by a method determined by the dssab service manager instead of by a method provided in subsection (2) or (4) if, (a) a majority of the municipalities within its service area and members representing territory without municipal organization within its service area consent to that method for the apportionment; and (b) the municipalities and members referred to in clause (a) who have consented represent a majority of the electors in its service area. O. Reg. 642/00, s. 18 (5). (6) Each of the municipalities within the service area of the dssab service manager and each of the members of the dssab service manager representing territory without municipal organization is entitled to one vote under clause (5) (a). O. Reg. 642/00, s. 18 (6). (7) For the purposes of clause (5) (b), if two or more members of the dssab service manager represent an area comprised of territory without municipal organization that is set out in the Schedule to Ontario Regulation 278/98 for the dssab service manager, a member who represents the area shall be deemed to represent the total number of electors in the area divided by the total number of members of the dssab service manager who represent the area. O. Reg. 642/00, s. 18 (7). (8) A resolution of the municipal council is required for a municipality to consent under subsection (5) and a signed consent of a member representing territory without municipal organization is required for the member to consent under subsection (5). O. Reg. 642/00, s. 18 (8). (9) Each dssab service manager whose service area includes territory without municipal organization shall inform the Minister of its housing costs attributable to territory without municipal organization forthwith after determining those costs. O. Reg. 642/00, s. 18 (9).