THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 36-2009
 

A by-law to adopt estimates of all sums required during the year 2009 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 16-2009;

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 67/08, 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 Council of the Regional Corporation has adopted By-law 114-1994 which provides for the establishment of a Waste Management rate to be applied to the weight of waste originating from sources within each lower-tier municipality and based upon estimated tonnage amounts, to be requisitioned from each lower-tier municipality at the same time as the Levy;

AND WHEREAS the difference between the Waste Management levy established for the prior year based upon estimated tonnage amounts and the Waste Management levy that would have been established had the actual tonnage for the prior year been used to calculate the levy is to be included in the current year's Waste Management levy;

AND WHEREAS the Council of the Regional Corporation has adopted By-law 73-2008 which enacted an Interim Levy against the lower-tier municipalities for the year 2009;

AND WHEREAS the Council of the Regional Corporation by resolution passed on April 2, 2009 authorized the enactment of a by-law to approve the 2009 Current Budget as adjusted;

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

  1. That a general upper-tier levy in the sum of four hundred and three million, sixty four thousand, seven hundred and eleven dollars ($403,064,711) be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following apportionment of that total:

      City of Mississauga
    $249,890,119
      City of Brampton
    129,692,974
      Town of Caledon
    23,481,618
         
      Total
    $403,064,711
         
  2. That special upper-tier levies for Peel Regional Police purposes in the Cities of Brampton and Mississauga and for Ontario Provincial Police purposes in the Town of Caledon in a total amount of two hundred and eighty three million, eight hundred and fifty six thousand, seven hundred and thirteen dollars ($283,856,713) be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following:

      City of Mississauga
    $181,269,315
      City of Brampton
    94,078,775
      Town of Caledon
    8,508,623
         
      Total
    $283,856,713
         
  3. That special upper-tier levies for waste management purposes based upon the estimated weight of waste originating within each lower-tier municipality in a total amount of seventy nine million, five hundred and eighty nine thousand, seven hundred and eighty three dollars ($79,589,783) be levied against the lower-tier municipalities on a Waste Management Rate of $167.78 per tonne of estimated weight managed by the Waste Management System and that the lower-tier municipalities do pay the following:

      City of Mississauga
    $ 47,820,056
      City of Brampton
    27,670,711
      Town of Caledon
    4,099,016
         
      Total
    $ 79,589,783
         
  4. That the net consolidated general upper-tier levy and special upper-tier levies against each lower-tier municipality totalling seven hundred and sixty six million, five hundred and eleven thousand, and two hundred and seven dollars, ($766,511,207) shall be as follows:

      City of Mississauga
    $ 478,979,490
      City of Brampton
    251,442,460
      Town of Caledon
    36,089,257
         
      Total

    $ 766,511,207

         
  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 73-2008 of the Regional Corporation as follows:

      City of Mississauga
    $ 224,246,738
      City of Brampton
    118,430,040
      Town of Caledon
    17,836,722
         
      Total
    $ 360,513,500
         
  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 3, 2009
    $31,841,594
    ---
    ---
      July 15, 2009
    5,604,121
    ---
    ---
      July 23, 2009
    ---
    $32,426,145
    ---
      August 7, 2009
    125,583,247
    ---
    ---
      August 17, 2009
    11,717,707
    ---
    ---
      August 20, 2009
    ---
    44,337,473
    ---
      August 26, 2009
    ---
    ---
    $9,126,268
      September 4, 2009
    32,096,327
    ---
    ---
      September 15, 2009
    11,972,439
    ---
    ---
      September 24, 2009
    ---
    44,337,474
    ---
      October 15, 2009
    11,972,439
    ---
    ---
      October 22, 2009
    ---
    11,911,328
    ---
      October 28, 2009
    ---
    ---
    9,126,267
      November 16, 2009
    11,972,439
    ---
    ---
      December 15, 2009
    11,972,439
    ---
    ---
             
      Total
    $254,732,752
    $133,012,420
    $18,252,535

  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 Acting Chief Financial Officer and Commissioner of Corporate Services is hereby directed and authorized to do all acts necessary to collect these levies.


READ THREE TIMES AND PASSED IN OPEN COUNCIL this 2nd day of April, 2009


J. Payne
________________________

Deputy Clerk

E. Kolb
______________________

Regional Chair