The Regional Municipality of Peel
By-law number 43-2002

A by-law to impose fees for services and activities provided by the Regional Municipality of Peel or for the use of its property, to amend By-law 9-73, and to repeal By-laws 67-97 and 9-96.

Whereas section 220.1 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that a municipality may pass by-laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board, and 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 permits a council of a municipality to prescribe a tariff of fees for the processing of applications made in respect of planning matters;

And whereas the Council of The Regional Municipality of Peel ("Regional Corporation") on the 23rd October 1997 passed By-law 67-97 to impose fees for services and activities provided by Regional Corporation, and for the use of its property;

And whereas the Council of the Regional Corporation on the 8th February, 1996 passed By-law 9-96 to impose a tariff of fees in connection with the processing of plans of subdivision and condominium and part lot applications;

And whereas the Council of the Regional Corporation on the 31st December 1973 passed By-law 9-73 respecting the supply of water, the management and maintenance of the water works system of the Regional Corporation and the establishment of water rates and charges;

Now therefore the Council of the Regional Corporation enacts as follows:

1. In this By-law,
   1. account"" means the total amount of the fees payable by a person requesting or receiving services under this By-law, plus the applicable taxes;
   2. "fee" means the amount in dollars for a unit of service;
   3. "service" includes an activity and the use of a property, including property under the control of the Regional Corporation.
2. Every person who requests or receives a service described in Column 1 of Schedule "A" to this By-law, shall pay to the Regional Corporation the fee set out in Column 3 for each unit of service received or requested, set out in Column 2 opposite such service, plus the applicable taxes.
3.  
   1. Every account shall be payable on the date the service is requested, except where an invoice is provided, in which case the account shall be payable on the due date indicated in the invoice.
   2. Accounts may be paid by cash or cheque payable to The Regional Municipality of Peel.
4.  
   1. Interest at the rate of 1.25% per month, compounded monthly, being the equivalent of 19.56% per annum, shall be payable on the outstanding balance of any account remaining unpaid after 30 days after it becomes payable.
   2. Despite subsection (1), accounts payable by Federal, Provincial and other municipal governments, including local boards of the Peel area municipalities, shall be exempted from interest for the first 60 days after they become payable.
   3. No interest on late payments shall be applied to accounts payable by the City of Mississauga, the City of Brampton or the Town of Caledon.
5. Notwithstanding section 2 herein, exemptions from fees may be granted as follows:
   1. The Reproductive Health Supervisor is authorized to exempt, in whole or in part, any person from the Prenatal/Postpartum Class Fee, being Fee Numbers 1-5, Schedule 4, Division 1, Appendix "A" where he or she is of the opinion that the payment of such fee may cause undue economic hardship to the person requiring the service in question;
   2. Any supervisor or manager with the Healthy Sexuality Program is authorized to exempt, in whole or in part, any person from the Healthy Sexuality Clinic Fee, being Fee Numbers 1-9, Schedule 4, Division 4, Appendix "A" where he or she is of the opinion that the payment of such fee may cause undue economic hardship to the person requiring the service in question; and
   3. The Administrator of a long-term care facility is authorized to exempt, in whole or in part, any person from paying the Hall Rental Fee, being Fee Number 4, Schedule 9, Division 1, Appendix "A" where he or she is of the opinion that the payment of such fee may cause undue economic hardship to the person requiring the service in question or where the activity will benefit the residents of the long-term care facility.
6. If a court of competent jurisdiction declares any provision or fee, or any part of a provision or fee, of this By-law to be invalid, or to be of no force and effect, it is the intention of the Regional Council in enacting this By-law, that each and every other provision and fee of this By-law authorized by law, be applied and enforced in accordance with its terms to the extent possible by law.
7. Schedule "A" attached hereto shall form part of this By-law and By-law 9-73, as amended.
8. By-law 9-73, being a by-law respecting the supply of water, the management and maintenance of the water works system of the Regional Corporation and the establishment of water rates and charges is amended as follows:

   1. by deleting Section 3.1 and replacing it with the following:

      Every owner of premises who applies for municipal water service for such premises, or his agent, shall make application therefore to the Commissioner on the prescribed form, and at the time of such application shall pay the Regional Municipality the appropriate fees as established in Schedule A to By-law 43-2002, being the Fees By-law; and

   2. by deleting Section 7.1 and replacing it with the following:

      The rates and charges established in Schedule A to By-law 43-2002 being the Fees By-law shall apply as the rates and charges for the respective work or service shown thereon. Where by agreement the Regional Municipality agrees to special rates and/or charges, such agreement will take precedent over this By-law.

9. By-law No. 67-97, being a by-law to establish user fees and charges for services provided by the Regional Corporations and By-law No. 9-96, being a by-law to establish a tariff of fees for the processing of plans of subdivision and condominium and part lot control applications, are hereby repealed.
10. Despite the repeals of By-laws 67-97 and 9-96 and the amendment of By-law 9-73 herein, the tariffs of fees set out in By-laws 67-97,9-96 and 9-73 on the day immediately prior to the day this by-law comes into effect shall continue to apply to fees which became payable prior to the date upon which this by-law comes into effect.
11. This By-law may be referred to as the "Fees By-law".
12. This By-law takes effect on the day it is passed.

Read three times and finally passed in open Council this 11th day of July, 2002.