15-20WHEREAS 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 "CVA 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
AND WHEREAS "capped taxes" means, the taxes for municipal and school
purposes that shall be levied for the taxation year as a result of 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 followin.o .
a) Set the annualized tax limit increase to a maximum of 10%; 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) Establish a capping adjustment threshold of up to $250 for increasing
properties, decreasing properties or both, whereby no capping/claw-back
adjustments less than the threshold amount would be applied; and/or
d) Exclude properties that were at CVA tax in the previous year from the
capping and claw -back calculation in the current year; and/or
e) Exclude properties that would move from being capped in the previous year
to be clawed back in the current year or from being clawed back in the
previous year to be capped in the current year as a result of the changes to
the CVA tax.
WHEREAS a by-law passed to adopt the provisions of Subsection 329.1
paragraphs I 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
-• 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 2015.
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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 i)
and ii) 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),
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 CVA 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.
c) 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 taxes for municipal and school purposes for the
property for the taxation year as determined under section 330, as modified
under section 329.1 of The Act and this By-law exceed the uncapped taxes, by
two -hundred and fifty dollars ($250.00) or less.
d) Exclude properties that were at CVA tax in the previous year from the capping
and claw -back calculation in the current year;
e) Exclude properties that would move from being capped in the previous year to
be clawed back in the current year or from being clawed back in the previous
year to be capped in the current year as a result of the changes to the CVA tax.
3. THAT this By -Law shall come into force and take effect upon its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF
JUNE 2015.
Chief Administrative Officer.
Paul Ens,
Warden.