Clean Energy Improvement Tax Bylaw (1634-23) — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 5229c194eb2d · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BY-LAW #1634-23 of the TOWN OF PINCHER CREEK ## A BYLAW OF THE MUNICIPALITY OF THE TOWN OF PINCHER CREEK, IN THE PROVINCE OF ALBERTA, TO ESTABLISH A CLEAN ENERGY IMPROVEMENT PROGRAM. WHEREAS, the purpose of a municipality is to foster the well-being of the environment and provide services, facilities, and more that, in the opinion of council are necessary or desirable for all, or as part of the municipality; WHEREAS, the Clean Energy Improvement Program is a financing program that uses municipal financing to facilitate the implementation of clean energy improvements to residential and nonresidential, and non-designated industrial properties through the use of a local assessment mechanism to provide security for repayment of the financing; WHEREAS, Alberta Municipal Services Corporation (operating as Alberta Municipalities) has been designated by the Minister as the Program Administrator responsible for the Clean Energy Improvement Program to support municipalities in Alberta that finance clean energy improvements; WHEREAS, the Council of Pincher Creek wishes to enable a Clean Energy Improvement Tax Bylaw to establish a Clean Energy Improvement Program pursuant to section 390.3 of the Municipal government Act, R.S.A 200, c. M-26 ('the Act'); WHEREAS, the Council of the Town of Pincher Creek wishes to enable financing for clean energy improvements for eligible properties in their municipality. NOW THEREORE, the Council of the Town of Pincher Creek; duly assembled enacts as follows: ## 1. SECTION 1: TITLE - 1.1 This Bylaw be cited as the "Clean Energy Improvement Tax Bylaw" of the Town of Pincher Creek. ## 2. SECTION 2: DEFINITIONS In this bylaw, unless the context otherwise requires, the word, term, or expressions: - 2.1 ACT - means the Municipal Government Act, R.S.A. 2000, c. M-26 as amended, and any amendment or substitutions thereof; - 2.2 BYLAW - means this Clean Energy Improvement Tax Bylaw; - 2.3 CHIEF ADMINISTRATIVE OFFICER (CAO) - means the person appointed to the position of the chief administrative officer for the Town of Pincher Creek, within the meaning of the Municipal Government Act.    - 2.4 CLEAN ENERGY IMPROVEMENT AGREEMENT or AGREEMENT - means the agreement executed between the Municipality and the Owner of an Eligible Property whereby the Owner agrees to pay an amount required to cover the costs of financing each Eligible Clean Energy Improvement approved by the Program Administrator, as drafted in accordance with section 390.4 of the Act; - 2.5 CLEAN ENERGY IMPROVEMENT TAX - means a tax levied against an Eligible Property pursuant to an Agreement;. - 2.6 ELIGIBLE PROPERTY - means a property located within the Municipality that is designated as residential, non-residential or not-designated industrial property but does not include designated industrial property or government-owned properties; - 2.7 DESIGNATED MANUFACTURED HOME - means a manufactured home, mobile home, modular home or travel trailer; - 2.8 MUNICIPALITY - means the Town of Pincher Creek; - 2.10 PROGRAM - means the Clean Energy Improvement Program as described in the Act and Regulation and defined henceforth. - 2.9 OWNER - means, collectively, the registered owners of a property; - 2.11 PROGRAM ADMINISTRATOR - means the Alberta Municipal Services Corporation (operating as Alberta Municipalities) or provincially designated Program Administrator as defined in the Clean Energy Improvements Regulation. - 2.12 REGULATION - means the Clean Energy Improvements Regulation, A.R. 212/2018 and amendments thereto. ## 3. SECTION 3: GENERAL RULES - 3.1. A property Owner of an Eligible Property within the Municipality can apply to the Program Administrator to seek financing for a clean energy improvement to their property. - 3.2. Participation in the Program is limited to eligible properties, defined as a property located within the Municipality that is designated as residential, non-residential, or not-designated industrial property, but does not include designated industrial property, government owned properties, and designated manufactured homes. - 3.3. 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 Program costs as per the Clean Energy Improvement Agreement. - 3.4. The Chief Administrative Officer, or designate of the Town of Pincher Creek is hereby authorized to Impose a Clean Energy Improvement Tax, in respect of each clean energy improvement made to a property, where a municipality has entered into a Clean Energy Improvement Agreement with the property Owners) of that property. - 3.5. The Clean Energy Improvement Tax will be voluntarily levied against a property when there is a Clean Energy Improvement 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 Municipality and the property Owner. - 3.6. The property Owner(s) must meet the criteria listed below to be eligible to participate in the Clean Energy Improvement Program: - 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; - ії) They must have never been in collections for a property in the Town of Pincher Creek; - iii) They may, for first time property Owners that have purchased the property within the last 5 years, be subject to an enhanced financial eligibility review; - They must provide mortgage information, if the mortgage amount exceeds the assessed value of the home. In such case the Municipality reserves the right to deny the applicant; - iv) They must, for property Owners that are new to the Municipality and do not have a financial history with the Municipality, submit a record of property tax verification from another municipality, for any property previously owned in a different Municipality; - vi) They must be in good standing with the Municipality. The Municipality reserves the right to deny the applicant if the applicant is not in good standing with any Department of the Municipality. The Municipality reserves the right to define what "good standing" entails, and can include but is not limited to any development compliance issues, or any other accounts receivable outstanding or unresolved issues.; - vii) They must not be in bankruptcy (or insolvency), the property must not be in foreclosure, and the property Owners) will be required to provide a sworn statement confirming this; - viii) They must be current on their mortgage payment, current on any other debts secured by the property and have not been late on any such payments. They may be required to submit a letter from their financial institution confirming this; - ix) They must not be in more than three (3) Clean Energy Improvement Agreements - X) They must meet any additionally eligibility criteria as identified by the Municipality or the Program Administrator. - 3.7. For a clean energy improvement to be eligible, it must be an installation that is permanently affixed to the eligible property which: - i) Will result in increased energy efficiency or use of renewable energy on that property; - ii) Involves: - Interior and Exterior Lighting and Lighting Controls; - b) HVAC (L.e., high efficiency furnace); - c) Water Heating - d) Building envelope improvements (i.e., insulation) - Renewable energy upgrades (i.e., photovoltaic solar system); - f) Or such other clean energy improvements as are approved and agreed to in writing by the Municipality within the Agreement, and those improvements provided on the list of eligible upgrades available through the Program Administrator's website https://www.myceip.ca/residential/; - iii) Is not less than three thousand ($3,000) dollars in capital cost of the project value; - Capital costs do not exceed $50,000 for residential - v) Total project costs will not exceed $500,000 for non-residential or non-designated industrial property.    - 3.8. Whereby the amount of the tax authorized by a bylaw under section 353 (property tax) of the Municipal Government Act most recently, and imposed on the property is greater than or equal to the annual payment calculated in accordance with the following Formula: 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 cost of all incidental costs; - D is the lesser of the probable lifetime, calculated in years, of the improvement or the maximum financing term established by the Municipality. - 3.9. The Clean Energy Improvement Agreement will be as set out under section 390.4 of the Municipal Government Act, and as amended. - 3.10. The period over which the cost of each eligible clean energy improvement will be spread will be to a maximum, over the probable lifetime of the improvement, and where the annual repayment amount does not exceed the annual taxation amount for the property in question. For multiple upgrades each improvement will be calculated individually, and the repayment term set at the discretion of the Municipality. - 3.11. A property Owner may submit one application per year. - 3.12. The property Owners) can apply for the program by submitting an application to the Program Administrator for the Clean Energy Improvement Program, including any required supporting documentation, and following all program requirements as outlined by the Program Administrator and the Municipality; - 3.13. A property Owner must pay the required application fee, pursuant to section 8 of the Regulation. - 3.14. That for the purpose of the Clean Energy Improvement Program, the sum of project amounts as they are approved may be borrowed by the Municipality. - 3.15. The annual maximum amount to be borrowed by the Municipality towards the Clean Energy Improvement Program is $300,000 for residential and $500,000 for non-residential, and notdesignated industrial properties. - 3.16. The annual borrowed amount by the Municipality will have a maximum rate of interest of ten percent (10%), and a maximum term of twenty-five (25) years - 3.17. The borrowed amount by the property Owner will have a maximum rate of interest calculated at the time of the agreement, and repayment term based on the lifespan of the improvements).  A  - 3.18. The principal and interest owing under the borrowing will be paid using the proceeds from Clean Energy Improvement Tax and payments made by the approved project recipients through to the Municipality on the annual improvement levy. - 3.19. A Clean Energy Improvement Tax will be imposed on the property that is subject to a Clean Energy Improvement Agreement at any time following the signing of the Clean Energy Improvement Agreement. - 3.20. In the event that a property owner wishes to repay the Clean Energy Improvement Program financing early, 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 being used for the projects). - 3.21. Any projects) that has been approved under the Clean Energy Improvement Program must be completed within the time limit as set out under the Agreement. - 3.22. If any clause in this bylaw is found to be invalid, it shall be severed from the remainder of this bylaw and shall not invalidate the whole bylaw. - 3.23. Upon third and final reading, Clean Energy Improvement Program Bylaw 1634-22 is hereby repealed. - 3.24. This bylaw comes into force upon third reading and is signed by the Mayor and Chief Administrative Officer or Designate. ## How does CEIP work?              Read a first time by Council on Aer 1 24 2023. Public Hearing held on May 23, 2023. Read a second time by Council on June 26\_ 2023. Read a third time by Council on June 21, 2023. Chief/Administrative Officer Chief Administrative Officer Reen Ta Chief Administrative Office Chief/Administrative Office