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A by-law to establish fees or charges for services or activities provided or done by or on behalf of The Corporation of the Town of Bradford West Gwillimbury.
WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that Sections 9, 10 and 11 of this Act authorize a municipality to impose fees or charges on persons,
a) for services or activities provided or done by or on behalf of it;
b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local
board; and
c) for the use of its property including property under its control.
AND WHEREAS Section 69 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, provides that the council of a municipality may prescribe a tariff of fees for the processing of applications made in respect of planning matters;
AND WHEREAS Section 17 of the Line Fences Act, R.S.O. 1990, c. L.17, as amended, authorizes a local municipality to pass a by-law to fix its reasonable administrative fees to be paid to the municipality in relation to proceedings under this Act;
AND WHEREAS the Council for The Corporation of the Town of Bradford West Gwillimbury deems it expedient and advisable to have a comprehensive User Fee By-law;
NOW THEREFORE the Council of The Council of the Corporation of the Town of Bradford West Gwillimbury hereby enacts as follows:
| 1. DEFINITIONS |
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1.1 "BY-LAW" shall mean this Fees and Charges By-law;
1.2 "COUNCIL" shall mean the elected Council of the Corporation of the Town of Bradford West Gwillimbury;
1.3 "FALSE ALARM" shall mean an alarm that caused the Fire & Emergency Services to respond to premises
1.4 "FEE" shall mean the amount charged to a person for services or activities provided or done by or on
1.5 "FIRE AND EMERGENCY SERVICES" shall mean a fire department within the meaning of the Municipal Act,
1.6 "FIREFIGHTING AND/OR EMERGENCY SERVICES" shall mean and include all services related or incidental
1.7 "MOTOR VEHICLE" shall mean amended in the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;
1.8 "MOTOR VEHICLE INCIDENT" shall mean when the Fire & Emergency Services attending the scene of a
1.9 "OWNER" shall mean any individual human being, a corporation, their heirs, executors, assigns,
1.10 "NON-RESIDENT" shall mean an individual who resides outside the geographical boundaries of the Town
1.11 "PERSON(S)" shall mean any person residing as a tenant or owner of an assessed property in the Town;
1.12 "PROPERTY" shall mean any public or private real property within the Town, including buildings, structures
1.13 "RESIDENT(S)" shall mean an owner of land, tenant, or individual who resides within the geographical
1.14 "SERVICE" shall mean any service, activity or benefit provided by the Town to any person;
1.15 "TOWN" shall mean the Corporation of the Town of Bradford West Gwillimbury;
1.16 "SPILL" shall mean as defined in Part X of the Environmental Protection Act, R.S.O. 1990, c. C.19, as |
| 2. WORDS AND PHRASES |
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Where words and phrases used in this By-law are defined in the Municipal Act, 2001, the Planning Act, the Line Fences Act or any other applicable provincial legislation but are not defined in this By-law, the definitions in the applicable legislation shall apply to such words and phrases. |
| 3. WORD USAGE |
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As used in the By-law, words used in the present tense include the future, words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular.
The headings and subheadings used in this By-law shall be deemed to be inserted for convenience of reference. |
| 4. GENERAL PROVISIONS |
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4.1 Any person desirous of using those services or property of the Town and or when the Town determines that a service is required as described in Schedule "A", shall pay the fee or charge set out opposite the description or name of the particular service or property, as shown in Schedule "A" attached hereto and by this reference forming part of this By-law.
4.2 No request by any person for any service, activity or use of Town property described in the schedules to this By-law will be processed or provided by the Town unless and until the person requesting the information, service, activity or use of Town property has paid the applicable fee in the prescribed amount as set out in the schedules to this By-law.
4.3 All prescribed fees shall be payable to the Town, under the provisions of this By-law, and shall be payable in advance of providing the service and/or program except for firefighting and emergency services.
4.4 The following methods of payment will be accepted for the payment of fees imposed by this By-law: f) E-payment/online banking (property tax and water and wastewater fees only); or
4.5 If for any reason fees other than water and wastewater fees owing under this By-law remain unpaid after thirty (30) days, the amount outstanding shall bear interest at the rate of 1.25% per month until it is paid in full. Unpaid water and waste water fees are subject to the Town's water billing policy.
4.6 Any fees that are owing to the Town and that are unpaid are a debt to the Town and together with all interest and penalties accrued thereupon, may be collected by the Town by any action it considers necessary and as it may be permitted by-law, or may be collected in the same manner as municipal taxes.
4.7 The fees set out in Schedule "A" will be subject to Provincial and Federal Taxes where applicable. |
| 5. SCHEDULE |
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The schedule in this By-law shall form an integral part of this By-law. Each entry in a column of a schedule shall be read in conjunction with the entries across from that entry and not otherwise. |
| 6. CONFLICTING LEGISLATION |
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Where there is any conflict between the provisions of this By-law and the provisions of the Municipal Act, 2001, the Planning Act, the Line Fences Act or any other applicable provincial legislation, the provisions of the applicable legislation shall prevail to the extent of the conflict. |
| 7. VALIDITY AND SEVERABILITY |
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Notwithstanding that any section, subsection, clause, paragraph or provision of this By-law or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section, subsection, clause, paragraph or parts thereof shall be deemed to be severable and all other sections, subsections, clauses, paragraphs or parts of this By-law are separate
Whenever any reference is made in this By-law to a statute of the Legislature of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute and all successor legislation to such statute. |
| 8. ENFORCEMENT |
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The provisions of this By-law shall be administered and enforced by the Finance Department of the Town of Bradford West Gwillimbury. |
| 9. SHORT TITLE |
| This By-law shall be cited as the Fees and Charges By-law. |
| 10.REPEAL AND RESCIND |
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10.1 That By-law 2024-08 be repealed in its entirety effective December 31, 2024. |
| 11. FORCE AND EFFECT |
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This By-law shall take effect and become in full force and effect on the 1st day of January 2025.
Enacted this 3rd day of December 2024.
Original signed by Tara Reynolds, Clerk and James Leduc, Mayor. |
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Schedule A - Fees & Service Charges - Effective January 1st, 2025 |
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