THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 30-2010
 

A by-law to adopt estimates of all sums required during the year 2010 for the purposes of the Regional Corporation and to provide a general levy and special levies on lower-tier municipalities.


WHEREAS, the Regional Corporation is required by Section 289(1) of the Municipal Act, 2001 (hereinafter referred to as the "Act") to adopt yearly estimates of all sums required during the year for the purposes of the Regional Corporation, including the sums required by law to be provided by the Regional Council for any local boards of the Regional Corporation;

AND WHEREAS, Section 311 of the Act contemplates that a general upper-tier levy will be raised in each year and that a special upper-tier levy or special upper-tier levies (collectively the "Levy") may be raised in each year on some or all property in the upper-tier municipality rateable for upper-tier purposes;

AND WHEREAS, the Council of the Regional Corporation has chosen to delegate to the councils of the lower-tier municipalities its authority to establish tax ratios for both regional and municipal purposes, in accordance with By-law 21 -2010;

AND WHEREAS, such delegation effectively prevents the Council of the Regional Corporation from directing the council of each lower-tier municipality to levy a separate specified tax rate in order to raise the general upper-tier levy and any special upper-tier levy as otherwise contemplated in Section 311 of the Act;

AND WHEREAS, Section 311(11) and (12) of the Act provides that the Council of the Regional Municipality of Peel shall ascertain and by by-law direct what portion of the aforesaid amounts shall be levied against and in each lower-tier municipality, on or before specified dates;

AND WHEREAS, the cost of policing will be allocated so that the Cities of Mississauga and Brampton will be levied for the cost of the Peel Regional Police, with the allocation of costs to be levied on each municipality's pro rata share of the combined transition ratio weighted assessment for the two municipalities in accordance with the foregoing authority and in accordance with a regulation to revoke and be substituted for Ontario Regulation 103/09, as amended;

AND WHEREAS, the Town of Caledon will be assessed the full cost of providing municipal policing services by the Ontario Provincial Police in accordance with the foregoing authority;

AND WHEREAS, the cost of waste management will be allocated to the Cities of Mississauga and Brampton and the Town of Caledon based on the relative lower-tier municipal household counts according to the annual assessment roll data provided by the Municipal Property Assessment Corporation;

AND WHEREAS, the Council of the Regional Corporation has adopted By-law 112-2009 which enacted an Interim Levy against the lower-tier municipalities for the year 2010;

AND WHEREAS, the Council of the Regional Corporation by resolution passed on April 1, 2010 authorized the enactment of this by-law;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

  1. That a general upper-tier levy in the sum of $414,920,960 be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following apportionment of that total:

      City of Mississauga
    $257,384,253
      City of Brampton
    133,406,883
      Town of Caledon
    24,129,824
      Total
    $414,920,960

  2. That special upper-tier levies for Peel Regional Police purposes in the Cities of Mississauga and Brampton and for Ontario Provincial Police purposes in the Town of Caledon in a total amount of $299,673,720 be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following:

      City of Mississauga
    $191,267,650
      City of Brampton
    99,137,460
      Town of Caledon
    9,268,610
      Total
    $299,673,720

  3. That a special upper-tier levy for waste management purposes based upon the relative lower-tier municipal household counts according to the annual assessment roll data provided by the Municipal Property Assessment Corporation in a total amount of $81,685,279 be levied against the lower-tier municipalities.

      City of Mississauga
    $ 48,251,010
      City of Brampton
    29,384,928
      Town of Caledon
    4,049,341
      Total
    $ 81,685,279

  4. That the net consolidated general upper-tier levy and special upper-tier levies against each lower-tier municipality totalling $796,279,959 shall be as follows:

      City of Mississauga
    $ 496,902,913
      City of Brampton
    261,929,271
      Town of Caledon
    37,447,775
      Total
    $ 796,279,959

  5. That the lower-tier municipalities shall be entitled to deduct from the consolidated levies in section 4 those monies, excluding interest, previously billed on the Interim Levy pursuant to By-law 112-2009 of the Regional Corporation as follows:

      City of Mississauga
    $ 239,489,745
      City of Brampton
    125,721,230
      Town of Caledon
    18,044,629
      Total
    $ 383,255,604

  6. That the balance owing be paid to the Regional Corporation in accordance with the following schedule:

      Due Date
    City of
    Mississauga
    City of Brampton
    Town of
    Caledon
             
      July 9, 2010
    $32,691,472
    ---
    ---
      July 15, 2010
    5,663,090
    ---
    ---
      July 22, 2010
    ---
    $32,875,463
    ---
      August 6, 2010
    124,587,974
    ---
    ---
      August 16, 2010
    12,355,832
    ---
    ---
      August 19, 2010
    ---
    45,402,680
    ---
      September 1, 2010
    ---
    ---
    $9,701,573
      September 3, 2010
    32,691,472
    ---
    ---
      September 15, 2010
    12,355,832
    ---
    ---
      September 23, 2010
    ---
    45,402,680
    ---
      October 15, 2010
    12,355,832
    ---
    ---
      October 21, 2010
    ---
    12,527,218
    ---
      October 27, 2010
    ---
    ---
    9,701,573
      November 16, 2010
    12,355,832
    ---
    ---
      December 15, 2010
    12,355,832
    ---
    ---
     
    Total
    $257,413,168
    $136,208,041
    $19,403,146

  7. That any amounts not received by the Region's bank via electronic funds transfer by the due date, or by the Regional Corporation before the close of business on the due date, that being 4:30 p.m., to allow the Region to receive value for the funds on that day, shall bear interest at a rate equivalent to the Region's lead bank's prime rate on the due date plus one and one half percent per annum to a maximum rate of fifteen percent per annum from the date that payment is due to the date that it is received.

  8. That the Treasurer is hereby directed and authorized to do all acts necessary to collect these levies.


READ THREE TIMES AND PASSED IN OPEN COUNCIL 1st day of April, 2010.

C. Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair