THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 41-2010
 

A by-law to establish percentages by which tax decreases are limited for 2010 for properties in the commercial, industrial and multi-residential property classes.


WHEREAS subsection 330(1) of the Municipal Act, 2001 (the "Act") provides that a municipality, other than a lower-tier municipality, may pass a by-law to establish a percentage by which tax decreases are limited for a taxation year in respect of properties in any property class subject to Part IX of the Act in order to recover all or part of the revenues foregone as a result of the application of section 329 to other properties in the property class;

AND WHEREAS, subsection 330(2) of the Act provides that such a by-law must apply to all properties in the property class whose taxes for municipal and school purposes for the previous year, as determined under subsection 329(2) exceed their taxes for municipal and school purposes for the taxation year as adjusted in accordance with the regulations in respect of changes in taxes for municipal purposes and changes in taxes for school purposes;

AND WHEREAS, subsection 330(3) of the Act provides that such a by-law must establish the same percentage for all properties in a property class, but may establish different percentages for different property classes;

AND WHEREAS, subsection 330(4) of the Act requires that a tax decrease limitation percentage for a property for a year shall be determined in accordance with paragraphs 1 through 4 of the subsection;

AND WHEREAS, subsection 327(4) of the Act provides that Part IX of the Act applies to the commercial, industrial and multi-residential property classes;

AND WHEREAS, subsection 329.1(1) of the Act provides that a municipality, other than a lower-tier municipality, may pass a by-law to have one or more of the optional tools in paragraphs 1 to 8 of subsection 329.1(1) apply in the calculation of the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, industrial classes or multi-residential property class for 2010;

AND WHEREAS, section 8.0.2 of Ontario Regulation 73/03 as amended (the “Regulation”) provides that if a by-law has been enacted by a municipality providing that that section applies within the municipality for the taxation year then a property meeting any conditions set out in the by-law pursuant to sub-section 8.0.2 (2) of the Regulation is exempt from the application of Part IX of the Act for the taxation year;

AND WHEREAS, Regional Council enacted By-law 29–2010 which adopted the optional tools that may be applied in determining the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, industrial classes or multi-residential property class for the 2010 taxation year, and which further provided that section 8.0.2 of the Regulation applies within the Region of Peel for the 2010 taxation year and setting out the conditions provided for in sub-section 8.0.2(2) of the Regulation;

AND WHEREAS, subsection 330(6) of the Act requires that a by-law made under subsection 330(1) to establish a tax decrease limitation percentage shall also require that adjustments shall be made between the upper-tier municipality and lower-tier municipalities so that no lower-tier municipality has a surplus or shortfall as a result of the application of the by-law;

AND WHEREAS, subsection 330(7) of the Act provides that if the upper-tier municipality experiences a shortfall as a result of the application of subsection 330(6), the by-law made under subsection 330(1) shall provide that any shortfall shall be shared by the upper-tier municipality and the lower-tier municipalities in the same proportion as those municipalities share in the taxes levied on the property class for municipal purposes;

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

  1. Tax decreases for the 2010 taxation year on properties in the Regional Municipality of Peel referred to in subsection 330(2) of the Act which are in the property class set out in Column I shall, in 2010, be limited by the percentage of the tax decrease set out in Column II in order to recover the revenues foregone as a result of the application of section 329 of the Act to other properties in the property class, so that the percentage of the tax decrease set out in Column III is the maximum tax decrease permitted to be received in 2010 by such properties:

    Column I
    (Property Class)
    Column II
    (Clawback %)
    Column III
    (Allowable Decrease %)
    Commercial
    49.51932%
    50.48068%
     
    Industrial
    61.63153%
    38.36847%
     
    Multi-residential
    6.77657%
    93.22343%

  2. Adjustments shall be made between the Regional Municipality of Peel and its lower-tier municipalities so that no lower-tier municipality has a surplus or shortfall as a result of the application of the by-law.

  3. If the Regional Municipality of Peel experiences a shortfall as a result of the adjustments made in order to eliminate any surplus or shortfall at each of its lower-tier municipalities, the shortfall shall be shared by the Regional Municipality of Peel and its lower-tier municipalities in the same proportion as those municipalities share in the taxes levied on the property class for municipal purposes.



READ THREE TIMES AND PASSED IN OPEN COUNCIL 3rd day of June, 2010.

C. Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair