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THE CORPORATION OF THE CITY OF PICKERING
<br />
<br />BY-LAW NO. 6191/03
<br />
<br />Being a by-law to Confirm General Municipal Fees
<br />and Charges pursuant to the MunicipalAct, 2001.
<br />
<br />WHEREAS the Municipal Act, 2001, S.©. 2001, c25, as amended, came into effect on
<br />January 1,2003; and
<br />
<br />WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c25, as amended,
<br />provides generally that a municipality may pass by-laws imposing fees and charges for
<br />services or activities provided by or on behalf of the municipality, for costs payable by
<br />the municipality for services or activities provided by or on behalf of the municipality,
<br />and for the use of the property of the municipality, including property under the
<br />municipality's control; and
<br />
<br />WHEREAS Section 391 does not apply to fees imposed by the municipality in respect of
<br />the licensing of businesses by the municipality, and therefore this By-law does not
<br />impose fees in respect of the licensing of businesses; and
<br />
<br />WHEREAS Ontario Regulation 244/02 limits the scope of Section 391 by, among other
<br />things, excluding by-laws which impose fees and charges for the processing of planning
<br />applications under the authority of the Planning Act, and therefore this By-law does not
<br />impose fees in respect of the processing of Planning applications pursuant to the
<br />Planning Act, nor for the processing of applications or the performance of services
<br />pursuant to the Building Code Act; and
<br />
<br />WHEREAS Ontario Regulation 244/02, Section 13, provides particular requirements,
<br />including the giving of notice, with regard to the power of a municipality to impose fees
<br />or charges for inspections or the issuance of permits for Fire purposes, and therefore
<br />this By-law does not impose fees in respect of inspections or the issuance of permits by
<br />the Fire Service; and
<br />
<br />WHEREAS otherwise the municipality is required to give notice of its intention to pass a
<br />by-aw pursuant to Section 391 only to parties who have given written notice to the
<br />municipality of their desire to be so notified, and the municipality has received no such
<br />written notice from any party; and
<br />
<br />WHEREAS the City of Pickering imposes a variety of fees and charges in respect to its
<br />services and activities and the use of its property, and wishes to confirm such fees and
<br />charges as currently are in place pursuant to the MunicipalAct, 2001, S.O. 2001, c25,
<br />as amended; and
<br />
<br />WHEREAS Section 392 of the Municipal Act, 2001, S.O. 2001, c25, as amended,
<br />provides that a municipality shall maintain a list of fees and charges for public inspection
<br />as attached in Schedule A; and
<br />
<br />WHEREAS Section 396 of the Municipal Act, 2001, S.O. 2001, c25, as amended,
<br />authorizes such a by-law to provide for interest and other penalties for fees and charges
<br />that are due and unpaid, and requires such a by-law to set out when and in what
<br />manner fees and charges, including interest and other penalties, are to be paid; and
<br />
<br />WHEREAS the MunicipalAct, 2001, S.O. 2001, c25, as amended, also states that fees
<br />and charges imposed by a municipality constitute a debt to the municipality, and
<br />authorizes the Treasurer of a municipality to add fees and charges imposed by the
<br />municipality to the tax roll of a property, under certain circumstances and to collect them
<br />in the same manner as municipal taxes.
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