14-21COUNTY OF ELGIN
By-Law No. 14-21
"BEING A BY-LAW TO RESCIND BY-LAW 14-17
AND BEING A BY-LAW TO ESTABLISH REVENUE NEUTRAL CLAWBACK
PERCENTAGES FOR CERTAIN PROPERTY CLASSES"
WHEREAS Section 330(1) OF THE Municipal Act, S.O. 2001, c.25 states that the
Council of a municipality other than a lower-tier municipality, may pass a by-law to
establish a percentage by which tax decreases are limited for a taxation year in respect of
properties in any property class subject to Part IX of the said Act in order to recover all or
part of the revenues foregone as a result of the application of Section 329 of the said Act
to other properties in the property class; 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 limits to tax decreases for any class may only be established in order to
recover all or part of the foregone revenue in respect of the same property class.
NOW THEREFORE, the Municipal Council of the Corporation of the County of Elgin
enacts as follows:
1. THAT for the taxation year 2014, the percentage determined under Section 330(1)
of the Municipal Act, S.O. 2001 are as follows:
Multi-residential
Commercia
Industrial
Decrease Clawback
0.0000% 57.1865%
79.8839%
Decrease Retained
100.0000% 42.8135%
20.1161%
2. THAT in accordance with the provisions of the Section 330(1) of the Municipal Act,
S.O. 2001 the County is deemed to be the banker and no lower tier member municipality
shall have a surplus or a shortfall as a result of the application of this By-Law, and further,
if the County experiences a shortfall or excess as a result of the application of the banking
function under this By-Law, any such shortfall/excess shall belong to the County.
3. THAT the intra-municipal adjustment due to the application of this by-law, with the
County acting as the banker, shall be paid by the member municipalities on December
15th, 2014.
4. THAT any by-law contrary to this by-law shall be rescinded.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF
JULY 2014.
G. McDonald, Ravid Marr,
Chief Administrative Officer. Warden.