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Town of Banff Bylaw 469 - Clean Energy Improvement Tax
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TOWN OF BANFF
CLEAN ENERGY IMPROVEMENT TAX BYLAW 469
A Bylaw to establish the Clean Energy Improvement Program in the Town of Banff
WHEREAS the Clean Energy Improvement Program ("CEIP") allows property owners to
access long-term financing for clean energy improvements through their municipality, with repayment
facilitated through an added charge to the participant's regular property tax bill;
AND WHEREAS the Council of a municipality must pass a Clean Energy Improvement Tax
Bylaw to establish a CEIP pursuant to Section 390.3 of the Municipal Government Act, R.S.A. 2000, c.
M-26 ("the Act");
AND WHEREAS a Clean Energy Improvement Tax Bylaw authorizes a municipality to
make a borrowing for the purpose of financing Clean Energy Improvements and authorizes Council
to impose, in respect of each qualified clean energy improvement, a clean energy improvement tax to
raise revenue to pay the amount required to recover the costs of those improvements;
AND WHEREAS Alberta Municipal Services Corporation ("AMSC") has developed a CEIP
to support municipalities in Alberta finance clean energy improvements;
AND WHEREAS AMSC is the Program Administrator as designated by the Minister of
Environment and Parks, for the CEIP;
AND WHEREAS the Council of the Town of Banff wishes to enable financing for clean
energy improvements for eligible properties in the Town by using AMSC's CEIP Program.
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly
assembled, ENACTS AS FOLLOWS:
1.0 CITATION
1.1
This bylaw may be cited as the "Clean Energy Improvement Tax Bylaw", of the Town
of Banff
2.0 DEFINITION
2.1
In this bylaw:
2.1.1
"Act" means the Municipal Government Act, RSA 2000, Chapter M-26, as
amended.
Town of Banff Bylaw 469 - Clean Energy Improvement Tax
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2.1.2
"Agreement" means, in accordance with section 390.4 of the Act, a Clean
Energy Improvement Agreement executed between the Town and the
Owner(s) whereby the Owner(s) agrees to pay an amount required to cover
the costs of financing each Eligible Clean Energy Improvement approved by
the Program Administrator.
2.1.3
"Capital Cost" means the cost to purchase and install the Upgrade, but does
not include Professional Service costs or Incidental Costs.
2.1.4
"Council" means the Council of the Town of Banff.
2.1.5
"Clean Energy Improvement" means a clean energy improvement as defined
in Section 390.1 of the Act.
2.1.6
"Clean Energy Improvement Agreement" means an agreement entered into
between the Town and an Owner in accordance with Section 390.4 of the Act.
2.1.7
"Clean Energy Improvement Tax" means a tax levied against an Eligible
Property pursuant to an Agreement.
2.1.8
"Eligible Clean Energy Improvement" means an improvement that the
Program Administrator and Town qualifies as such and includes in a
publication required under the Regulation.
2.1.9
"Incidental Cost" means an amount expended on preparation or upgrading of
the Property that is incidental to the Upgrade but required for successful
execution.
2.1.10 "Eligible Property" means a property, situated within the Town, that qualifies
as eligible under section 390.2 of the Act and is designated as residential, non-
residential, or farm land, but does not include designated industrial or
government-owned properties.
2.1.11 "Mayor" means the Town's chief elected official as defined in Section (1)(1)(d)
of the Act.
2.1.12 "Owner" means:
a) In regard to Crown Land, a Person who is the lessee of Crown Land
and that Person's successors and assigns.
b) In respect to land other than Crown Land, the Person who is the
registered owner of the fee simple interest in the land; and
c) In respect to any property other than land, the actual owner, occupant,
operator or Person in lawful possession of the property.
Town of Banff Bylaw 469 - Clean Energy Improvement Tax
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2.1.13 "Professional Services" means a service provided by a professional with
specialized education or training, including engineering studies, ASHRAE
audits, NRCan certified home energy evaluations, feasibility studies, or related
studies, but exempting installation of the Upgrade or Incidental Costs.
2.1.14 "Program" means a Clean Energy Improvement Program (CEIP) as described
in the Act and Regulation.
2.1.15 "Program Administrator" means the Alberta Municipal Services Corporation
("AMSC").
2.1.16 "Regulation" means the Clean Energy Improvements Regulation Alta Reg
212/2018.
2.1.17 "Town" means the municipal corporation of the Town of Banff having
jurisdiction under the Act and other applicable legislation.
2.1.18 "Town Manager" means the Chief Administrative Officer of the Town of
Banff or a Person appointed as the Town Manager by Town Council, or the
Person designated by the Town Manager to carry out a particular duty.
3.0 PROVISIONS
3.1
Pursuant to the Program, an Owner(s) of Eligible Property may apply to the Program
Administrator to finance an Eligible Clean Energy Improvement. The Program
Administrator may charge a fee in relation to any such application, pursuant to the
Regulation.
3.2
An Owner may submit one Program application per year. A property's tax-exempt
status shall have no effect on eligibility to participate in the Program or any obligation
under an Agreement to make required principal and interest payments through tax
recovery or otherwise.
3.3
The Town may enter into an Agreement with an Owner on a discretionary basis but
subject at all times to the requirements, conditions and limitations set out in sections
10(1) of the Regulation including, but not limited to, the Program Administrator's
approval of the application referenced in section 3.
3.4
Where the Town has entered into an Agreement with an Owner, and at any time
following the signing of that Agreement, a Clean Energy Improvement Tax will be
imposed on the applicable property pursuant to that Agreement.
3.5
Participation in the Program is limited to Eligible Properties, defined as a property
located within the Town that is designated as residential, non-residential, or farm land
but does not include designated industrial and government owned properties.
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3.6
An applicant of a non-profit property that is tax-exempt would be responsible to pay
any and all principal and interest of the Clean Energy Improvement Tax, as per the
Clean Energy Improvement Agreement.
3.7
The Town Manager is hereby authorized to impose a Clean Energy Improvement Tax,
in respect of each clean energy improvement made to a property, where the Town has
entered into a Clean Energy Improvement Agreement with the Owner(s) of that
property.
3.8
The Clean Energy Improvement Tax will be levied against a property when there is an
Agreement, to raise revenue to pay the amount required to recover the costs of those
clean energy improvements, including principal and interest, to do so between the
Town and the property Owner(s).
3.9
The property Owner(s) must meet the criteria below to be eligible to participate in the
Clean Energy Improvement Program:
3.9.1
They must be current on their taxation payment for the property, for a period
of five years, prior to the date of the application to the program;
3.9.2
They must have never been in collections for a property in the Town of
Banff;
3.9.3
They may, for first-time property owners that have purchased the home
within the last year, be subject to an enhanced financial eligibility review;
3.9.4
They must, for property owners that are new to the municipality and do not
have a financial history with the Town, submit a record of property tax
verification from another municipality, for any property previously owned in
a different municipality;
3.9.5
They must provide mortgage information. If the mortgage amount exceeds
the assessed value of the home, the Town reserves the right to deny the
applicant;
3.9.6
They must be in good standing with the Town. The Town reserves the right
to deny the applicant, if the applicant is not in good standing with any
Department of the Town. The Town reserves the right to define what "good
standing" entails, and can include but is not limited to, any development
compliance issues;
3.9.7
They must not be in bankruptcy (or insolvency), the property must not be in
foreclosure, and the property owner(s) will be required to provide a sworn
statement confirming this;
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3.9.8
They must be current on their mortgage payment and current on any other
debts secured by the property. They may be required to submit a letter from
their financial institution confirming this;
3.9.9
They must meet any additional eligibility criteria as identified by the Town or
the Program Administrator.
3.10
For a clean energy improvement to be eligible, it must be an installation that is affixed
to the Eligible Property which:
a) will increase energy efficiency or the use of renewable energy on that eligible
property;
b) must be listed as an Eligible Clean Energy Improvement on the Program
Administrator's website, and be agreed to in writing by the Town within the
Agreement;
c) the value of the capital costs of undertaking all clean energy improvements to
the property:
I.
is not less than $3,000, and
II.
does not exceed $50,000 for residential, and $1,000,000 for non-
residential.
3.11
The most recent amount of the tax authorized by a bylaw under Section 353 (property
tax) of the Act and imposed on the property, must be greater than, or equal to, the
annual CEIP annual payment, calculated in accordance with the following formula:
A + B + C
D
Where A is the capital cost of undertaking the clean energy improvement.
B is the total cost of professional services needed for the Clean Energy
Improvement.
C is the total of all incidental costs.
D is the probable lifetime, calculated in years, of the improvement.
3.12
The Agreement will be as set out as under Section 390.4 of the Act and Section 10 of
the Regulation.
3.13
The Agreement shall set out the term of the Clean Energy Improvement Tax for each
Clean Energy Improvement, which shall be based on the probable lifetime of each
Clean Energy Improvement as determined by the Program Administrator, to a
maximum of 25 years.
3.14
The property Owner(s) may submit one (1) application per year.
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3.15
The property Owner(s) can apply for the Program by:
a. submitting an application to AMSC for the CEIP, including any required
supporting documentation, and following all Program requirements as outlined
by AMSC; and
b. paying any required application and/or administration fees.
3.16
That for the purpose of the CEIP, the sum of project amounts, as they are approved,
could be borrowed through a financial institution or other sources to be set out in a
borrowing bylaw.
3.17
The annual maximum amount to be allocated by the Town towards the CEIP is
$500,000 for residential and $2,000,000 for non-residential.
3.18
The annual borrowed amount will have a maximum rate of interest of ten percent
(10%), a maximum term of twenty five (25) years, with the repayment term based on
the probable life of the Eligible Clean Energy Improvement.
3.19
When borrowed, the principal and interest owing under the borrowing bylaw will be
paid using the proceeds from the Clean Energy Improvement Tax payments, made by
the approved project recipients annually to the Town on the annual improvement levy.
3.20
Once the Town has authorized full payment to a contractor for a Clean Energy
Improvement, the Clean Energy Improvement Tax shall be imposed for the tax
relating to that payment on the tax roll of the Property when annual tax notices are
next sent to the Property pursuant to Section 333 of the Act.
3.21
If a property Owner(s) wishes to make early, full repayment of an amount financed by
a Clean Energy Improvement Tax, the amount owing will be calculated at the time of
the request, based on the principal and interest remaining and the terms of the
financing.
3.22
Any project(s) approved under the CEIP must be completed within the time limit as
set out under the Agreement.
4.0 SEVERABILITY
4.1
If any clause in this bylaw is found to be invalid, it shall be severed from the remainder
of the bylaw and shall not invalidate the whole bylaw.
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5.0 ENACTMENT
5.1
This bylaw comes into force when it receives third reading and is signed by the Mayor
and the Town Manager or designates.
5.2
The Town Manager is authorized to consolidate Bylaw 469.
READ A FIRST TIME this 14th day of November, 2022.
READ A SECOND TIME this 13th day of March, 2023.
READ A THIRD TIME this 13th day of March, 2023.
SIGNED AND PASSED t this 13th day of March, 2023.
On Original
Barb Pelham
Acting Mayor
On Original
Kelly Gibson
Town Manager