THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 25-2012
 

A by-law to adopt estimates of all sums required during the year 2012 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 16-2012;

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 168-2011 which enacted an Interim Levy against the lower-tier municipalities for the year 2012;

AND WHEREAS, the Council of the Regional Corporation by resolution passed on March 29, 2012 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 $427,340,085 be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following apportionment of that total:

      City of Mississauga
    $ 263,995,598
      City of Brampton
    137,835,730
      Town of Caledon
    25,508,757
      Total

    $ 427,340,085

       
  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 $336,653,776 be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following:

      City of Mississauga
    $ 213,948,321
      City of Brampton
    111,705,359
      Town of Caledon
    11,000,096
      Total
    $ 336,653,776
       
  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 $90,702,128 be levied against the lower-tier municipalities.

      City of Mississauga
    $ 53,027,644
      City of Brampton
    33,181,050
      Town of Caledon
    4,493,434
      Total
    $ 90,702,128
       
  4. That the net consolidated general upper-tier levy and special upper-tier levies against each lower-tier municipality totalling $854,695,989 shall be as follows:

      City of Mississauga
    $ 530,971,563
      City of Brampton
    282,722,139
      Town of Caledon
    41,002,287
      Total
    $ 854,695,989
       
  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 168-2011 of the Regional Corporation as follows:

      City of Mississauga
    $ 258,622,704
      City of Brampton
    136,716,859
      Town of Caledon
    19,629,069
      Total
    $ 414,968,632
       
  6. That the balance owing be paid to the Regional Corporation in accordance with the following schedule:

      Due Date toRegion
    City of Mississauga
    City of
    Brampton
    Town of
    Caledon
             
      July 6, 2012
    $34,315,956
    ---
    $10,686,609
      July 16, 2012
    5,991,675
    ---
    ---
      July 19, 2012
    ---
    $36,250,643
    ---
      August 3, 2012
    131,272,150
    ---
    ---
      August 15, 2012
    13,236,155
    ---
    ---
      August 23, 2012
    ---
    48,668,427
    ---
      September 7, 2012
    34,588,304
    ---
    10,686,609
      September 17, 2012
    13,236,155
    ---
    ---
      September 20, 2012
    ---
    48,668,427
    ---
      October 15, 2012
    13,236,155
    ---
    ---
      October 25, 2012
    ---
    12,417,783
    ---
      November 15, 2012
    13,236,155
    ---
    ---
      December 17, 2012
    13,236,154
    ---
    ---
     
    Total
    $272,348,859
    $146,005,280
    $21,373,218
             
  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 29th day of March, 2012.

C.Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair