THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 31-2013
 

A by-law to adopt estimates of all sums required during the year 2013 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, S.O. 2001, c. 25 (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 16-2013;

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 Ontario Regulation 103/09, as amended by Ontario Regulation 119/10;

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 108-2012 which enacted an Interim Levy against the lower-tier municipalities for the year 2013;

AND WHEREAS, the Council of the Regional Corporation by resolution passed on April 11, 2013 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 $425,516,461 be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following apportionment of that total:

    City of Mississauga
    $ 260,868,656
    City of Brampton
    139,478,882
    Town of Caledon
    25,168,923
    Total
    $ 425,516,461


  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 $349,998,924 be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following:

    City of Mississauga
    $ 220,507,926
    City of Brampton
    117,899,174
    Town of Caledon
    11,591,824
    Total
    $ 349,998,924


  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 $101,046,860 be levied against the lower-tier municipalities.

    City of Mississauga
    $ 58,624,906
    City of Brampton
    37,331,722
    Town of Caledon
    5,090,232
    Total
    $ 101,046,860


  4. That the net consolidated general upper-tier levy and special upper-tier levies against each lower-tier municipality totalling $876,562,245 shall be as follows:

    City of Mississauga
    $ 540,001,488
    City of Brampton
    294,709,778
    Town of Caledon
    41,850,979
    Total
    $ 876,562,245


  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 108-2012 of the Regional Corporation as follows:

    City of Mississauga
    $ 265,485,782
    City of Brampton
    141,361,069
    Town of Caledon
    20,501,143
    Total
    $ 427,347,994


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

    Due Date to Region
    City of
    Mississauga
    City of
    Brampton
    Town of
    Caledon
    July 5, 2013
    $34,863,495
    ---
    $10,674,918
    July 15, 2013
    6,039,346
    ---
    ---
    July 25, 2013
    ---
    $38,388,819
    ---
    August 2, 2013
    130,394,960
    ---
    ---
    August 15, 2013
    13,725,785
    ---
    ---
    August 22, 2013
    ---
    51,116,236
    September 6, 2013
    34,588,980
    ---
    $10,674,918
    September 16, 2013
    13,725,785
    ---
    ---
    September 19, 2013
    ---
    51,116,236
    ---
    October 15, 2013
    13,725,785
    ---
    ---
    October 24, 2013
    ---
    12,727,418
    ---
    November 15, 2013
    13,725,785
    ---
    ---
    December 16, 2013
    13,725,785
    ---
    ---
    Total
    $274,515,706
    $153,348,709
    $21,349,836


  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 two 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 this 11th day of April, 2013.

K. Lockyer
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair