|THE REGIONAL MUNICIPALITY OF PEEL|
|BY-LAW NUMBER 72-2007|
A by-law to repeal by-law 48-2001 and establish a by-law to create a Tax Rebate Program for Registered Charities.
WHEREAS subsection 361(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter referred to as the "Act"), requires that every municipality, other than a lower-tier municipality, shall have a tax rebate program for eligible charities for the purposes of giving them relief from taxes or amounts paid on account of taxes on eligible property they occupy;
AND WHEREAS subsection 361(2) of the Act provides that a charity is eligible if it is a registered charity as defined in subsection 248(1) of the Income Tax Act (Canada) that has a registration number issued by the Canada Customs and Revenue Agency, and a property is eligible if it is in one of the commercial classes or industrial classes within the meaning of subsection 308(1) of the Act; and
AND WHEREAS paragraph 2 of subsection 361(3) of the Act provides that the amount of a rebate to eligible charities must be at least 40 per cent of the taxes or amounts on account of taxes payable by the eligible charity on the property it occupies, or the amount the eligible charity is required to pay its landlord under a gross lease pursuant to section 367 and 368 of the Act;
AND WHEREAS Council has by resolution adopted on the 2nd August, 2007 authorized the presentation of this by-law for enactment;
NOW THEREFORE the Council of the Regional Corporation enacts as follows:
1. By-law 48-2001 is hereby repealed.
2. In this by-law:
a) "application" means an application for a rebate and "applicant" means an eligible charity;
b) "lower-tier municipality" means the City of Mississauga, the City of Brampton or the Town of Caledon;
c) "eligible charity" means a registered charity as defined in subsection 248(1) of the Income Tax Act (Canada) that has a registration number issued by the Canada Customs and Revenue Agency;
d) "eligible property" means real property occupied and used by an eligible charity in the commercial or the industrial property classes;
e) "rebate" means a rebate of taxes or amounts paid on account of taxes in accordance with this by-law;
f) "Treasurer" means the Treasurer of a lower-tier municipality;
3. (1) An eligible charity that pays taxes or amounts on account of taxes on eligible property which it occupies may make application to the lower-tier municipality in which the eligible property is located for a rebate.
(2) An application shall be in the form required by the Treasurer.
(3) An application for a taxation year must be made after January 1 of the year and no later than the last day of February of the following year.
4. Upon receipt of a qualifying application for 2007 or subsequent years, the lower-tier municipality shall pay one-half of the estimated rebate within 60 days after the receipt by the municipality of the application of the eligible charity for the rebate for the taxation year and the estimated balance of the rebate must be paid within 120 days of the receipt of the application.
5. (1) The rebate shall be 40 per cent of the taxes or amounts on account of taxes payable by the applicant on the eligible property it occupies.
(2) The rebate shall be adjusted in respect of differences between the estimated rebate paid and the rebate to which the applicant is entitled, as soon as the taxes and amounts under Part IX of the Act paid by the applicant can be determined.
(3) The lower-tier municipality may deduct an adjustment under subsection 5(2) from amounts payable in the next year for the next year's rebates.
6. It shall be a condition of receiving a rebate for a year under this by-law that the applicant repay any other municipality amounts by which the rebates the applicant received for the year from that other municipality exceed the rebates from that other municipality to which the applicant is entitled for the year.
7. The lower-tier municipality shall pay interest, at the same rate of interest that applies under subsection 257.11(4) of the Education Act, on the amount of any rebate to which the eligible charity is entitled under this by-law if the lower-tier municipality fails to rebate or credit the amount within the time specified in section 4 of the by-law.
8. The lower-tier municipality shall provide to each eligible charity which receives a tax rebate an annual statement of the amount of tax rebate for the year including the amount of taxes for school purposes which have been so rebated.
9. This by-law may be cited as the "Regional tax rebate to registered charities by-law, 2007".
READ THREE TIMES AND PASSED IN OPEN COUNCIL this 2nd day of August, 2007.