16-15By -Law No. 16-15
ADMINISTERING LIMITS FOR THE COMMERCIAL, INDUSTRIAL AND
MULTI -RESIDENTIAL PROPERTY CLASSES"
WHEREAS the County of Elgin (hereinafter called the "Municipality"), in accordance
with Section 320.1 ofthe Municipal Act, 2OO1'S.8.2OU1.c.25.eoamended (hereinafter
oeUedthe"Amt").maymodUytheprovioionoand|imitaaaoetoutinSection320oftheAo.
with respect to the calculation of taxes for municipal and school purposes payable in
respect ofproperty in the oommenoia|, 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 toproperties inany ofthe Commercial,
Industrial and Multi -Residential property classes to which Part IX of the Act applies; and
WHEREAS for the purposes ofthis 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 balevied for the taxation year, but for the application ofPart lXofThe Act; and
AND WHEREAS "capped taxes" means, the taxes for municipal and school purposes
thatahaUbo|eviedforthetaxudunyeoraoareou|toftheapp|inatinnofPart|XofTheAot
and
WHEREAS the Council may pass eby-law toapply any one orany combination nf
the following options:
a) Set the annualized tax limit increase toamaximum of1O96; and/or
b) Set anupper limit onannual increases atthe greater ofthe amount
calculated under o)and upto10%ofthe previous year's annualized
CVA tax; and/or
o) Establish ocapping adjustment threshold ofuptu$5O0for increasing
properties, decreasing properties or both, whereby no capping/claw-back
adjustments less than the threshold amount would beapplied; and/or
d) Exclude properties that were mtCVA tax inthe previous year from the
capping and claw -back calculation inthe current year; and/or
e) Exclude properties that would move from being capped inthe previous
year tubeclawed back inthe current year o/from being clawed back |n
the previous year tobecapped inthe current year uoaresult ofthe
changes tothe CVA tax; and
f) Exit the multi -residential capping program.
WHEREAS aby-law passed tnadopt the provisions nfSubsection 32Q1
paragraphs and 2ofthe Act, provides that such provisions shall also apply toSection
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
-2-
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 2016.
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
ten per cent (10%).
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 five -hundred dollars ($500.00) 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
five -hundred ($500.00) 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;
f) Exit the multi -residential capping program.
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 14th DAY OF
JUNE 2016.
Mark G. McDonald, Bernie Wiehie,
Chief Administrative Officer. Warden.