By-law Number 39-2021
Of The Corporation of the Municipality of Chatham-Kent
A By-law to establish certain user fees
Finally Passed the 1
st
day of March, 2021
Whereas Section 391 (1) and 391 (1.1) of the Municipal Act, 2001 (as amended
by Bill 130) hereinafter “Municipal Act”, as amended, authorize a municipality and
a local board to impose fees or charges on persons,
a) for service or activities provided or done by or on behalf of it;
b) for costs payable by it for services or activities provided or done by or
on behalf of any other municipality or any local board; and
c) for the use of its property including property under its control.
And Whereas Section 391 (3) of the Municipal Act provides that the costs
included in a fee or charge may include costs incurred by the municipality or local
board related to administration, enforcement and the establishment, acquisition
and replacement of capital assets.
And Whereas Section 398 (1) of the Municipal Act provides that fees and
charges imposed by a municipality or local board on a person constitute a debt of
the person to the municipality or local board, respectively.
And Whereas Section 398 (2) of the Municipal Act provides that the treasurer of
a local municipality may, and upon the request of its upper-tier municipality, if
any, or of a local board whose area of jurisdiction includes any part of the
municipality shall, add fees and charges imposed by the municipality, upper-tier
municipality or local board, respectively, to the tax roll for the following property in
the local municipality and collect them in the same manner as municipal taxes:
1. In the case of fees and charges for the supply of a public utility, the
property to which the public utility was supplied.
2. In all other cases, any property for which all of the owners are responsible
for paying the fees and charges.
And Whereas Section 69 (1) of the Planning Act, R.S.O. 1990, c. P.13, provides
the council of a municipality, by by-law, may establish a tariff of fees for the
processing of applications made in respect of planning matters, which tariff shall
be designed to meet only the anticipated cost to the municipality or to a
committee of adjustment in respect of the processing of each type of application
provided for in the tariff.