09-38COUNTY OF ELGIN
By -Law No. 09 -38
"BEING A BY -LAW TO ADOPT OPTIONAL TOOLS FOR THE PURPOSES OF
ADMINISTERING LIMITS FOR THE COMMERCIAL, INDUSTRIAL AND
MULTI RESIDENTIAL PROPERTY CLASSES"
WHEREAS the County of Elgin (hereinafter called the "Municipality in accordance
with Section 329.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (hereinafter
called the "Act may modify the provisions and limits as set out in Section 329 of the Act,
with respect to the calculation of taxes for municipal and school purposes payable in
respect of property in the commercial, industrial and multi residential property class; and
WHEREAS the Municipality must similarly modify the provisions and limits as set
out in Section 332 of the Act with respect to the "tenant cap" calculations; and
WHEREAS this by -law shall only apply to properties in any of the Commercial,
Industrial and Multi- Residential property classes to which Part IX of the Act applies; and
WHEREAS for the purposes of this by -law the commercial classes shall be
considered a single property class and the industrial classes shall be deemed to be a
single property class; and
WHEREAS "uncapped taxes" means, the taxes for municipal and school purposes
that would be levied for the taxation year, but for the application of Part IX of The Act; and
WHEREAS The Council may pass a by -law to apply any one or any combination of
the following options:
a. Increase the annual cap from 5% of last year's capped taxes up to a maximum
of 10% of last year's capped taxes; and /or
b. Set an upper limit on annual increases at the greater of the amount calculated
under (a) and up to 5% of the previous year's annualized CVA tax; and /or
c. Up to a maximum $250 threshold may be set for increasing properties,
decreasing properties or both; and
WHEREAS a by -law passed to adopt the provisions of Subsection 329.1
paragraphs 1 and 2 of the Act, provides that such provisions shall also apply to Section
332 of the Act with respect to the "tenant cap" calculations; and
WHEREAS the Council has reviewed the provisions of Section 329.1 of the Act and
hereby deems it necessary and appropriate to adopt optional tools for the purpose of
administering limits for the Commercial, Industrial and Multi- Residential property classes:
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
hereby enacts as follows:
1. THAT paragraphs 1, 2, and 3, of Subsection 329.1(1) of the Act shall apply to the
Commercial, Industrial and Multi- Residential property classes for 2009.
2. THAT
a) In determining the amount of taxes for municipal and school purposes for the
year under Subsection 329(1) and the amount of the tenant's cap under
Subsection 332(5), the greater of the amounts determined under paragraphs a)
and b) as set out below shall apply in determining the amount to be added
under paragraph 2 of Subsection 329(1), and the increasing amount under
paragraph 2 of Subsection 332(5),
-2-
i) The percentage set out in Subsection 329(1) paragraph 2 and in
Subsection 332(5) paragraph 2 shall be ten per cent (10%), and
ii) The amount of the uncapped taxes for the previous year multiplied by five
per cent (5%).
b) The amount of the taxes for municipal and school purposes for a property for a
taxation year shall be the amount of the uncapped taxes for the property for the
year if the amount of the uncapped taxes exceeds the amount of the taxes for
municipal and school purposes for the property for the taxation year as
determined under Section 329, as modified under Section 329.1 of the Act and
this by-law, by two-hundred and fifty dollars ($250.00) or less.
3. THAT this By-Law shall come into force and take effect upon its passing
READ A FIRST, SECOND AND THIRD TIME AN® FINALLY PASSED THIS 10T" DAY OF
DECEMBER 2009.
Ma`rcT~~IcD no ald,
Chief Administrative Officer.
~~ T ~%
Bo pie Vowel, ~~. °~
Wae-den.