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OBJECTIVES
The objectives of this By-law are to
TITLE:
FEES AND CHARGES BY-LAW
NUMBER:
5376
PREAMBLE:
TO ESTABLISH FEES AND DELEGATE
AUTHORITY TO ESTABLISH FEES AND
THE COLLECTION OF FEES
DATE PASSED:
MAY 8, 2023
-
delegate authority to the Chief Administrative Officer to establish fees for services,
activities and things provided or done by the City; or for the use of property under the
ownership, direction, management or control of the City.
-
provide for access to services, activities and things with an appropriate balance between
general taxation and user pay to sustain the financial stability of Selkirk's service
delivery.
INDEX
1.
By-law Title
2.
Definitions
3.
Fees
4.
Delegated Authority
5.
Private Work
6.
Collection of Fees
7.
Reporting to Council
8.
By-law Review
9.
Severability
10.
Sunset
11.
Effective Date
12.
Repealing
13.
Authority
The Council of the City of Selkirk enacts as follows:
1
BY-LAW TITLE
This By-law shall be known as the Fees and Charges By-law.
Page 1 of 7
2
DEFINITIONS
"Chief Administrative Officer" means the Chief Administrative Officer for the City of
Selkirk as designated by by-law.
"City" means the City of Selkirk.
"Council" means Council of the City of Selkirk.
"Costs" means any costs, charges, fees and expenses, reasonably incurred in respect of a
civil, criminal, or administrative action or proceeding, including an amount paid to settle
an action or satisfy a judgment.
"Cost Recovery" means the practice of establishing and collecting user fees to cover a
portion of the costs relating to the delivery of services, activities or things provided or
done by the City; or for the use of property under the ownership, direction,
management or control of the City as provided for in The Municipal Act.
"Fee" means any fee, charge or rate established by the City for services, activities, or
things provided or done by the City; or for the use of property under the ownership,
direction, management or control of the City, but does not include fines, penalties,
taxes or licences in lieu of taxes.
"Penalties" means an amount charged by the City of Selkirk for outstanding payment of
any fees or charges.
"Third party approval" means an authorizing body approval which is required prior to a
by-law receiving third reading and being passed, such as The Public Utilities Board or The
Municipal Board.
3
FEES
3.1
The City shall establish fees for services, activities or things provided or done by the City;
or for the use of property under the ownership, direction, management or control of the
City as provided for in The Municipal Act.
3.2
This By-law does not apply to any fee, charge or penalty that is prescribed by any Act or
Regulation.
4
DELEGATED AUTHORITY
The Chief Administrative Officer is delegated the authority
4.1
to establish an administrative process of Cost Recovery with the use of fees for
the purposes set out in Section 3; and
4.2
at his or her discretion, to waive, subsidize or approve an in lieu contribution of a
fee; and
4.3
to set a fee for any City of Selkirk promotional item made available for purchase.
Page 2 of 7
5
PRIVATE WORK
5.1
In the event the City uses municipal equipment, materials and labour to carry our
private works on private property at the request of the property owner, the City, as
practicable, shall seek to enter into an agreement with the property owner prior to any
works being carried out on the private property.
5.2
The method of fixing rates or charges shall be set out in an agreement, and subject to
the applicable municipal equipment rate and labour rate established for private work.
The terms and conditions within the agreement shall be established by the Chief
Administrative Officer.
6.
COLLECTION OF FEES
6.1
A fee established in this By-law or by the delegated authority to the Chief Administrative
Officer to establish a fee for the purposes under Section 3 may be collected in the same
manner as a tax may be collected or enforced under The Municipal Act or any other Act.
6.2
In addition to the fee collection set out in Section 6.1 unpaid fees, may be collected
through use of the small claims court process or a collection agency, as deemed
appropriate by the Chief Administrative Officer.
6.3
Penalties on unpaid invoices shall be at a rate of 1.25% per month.
6.4
For any amount due to the City, which is paid by cheque or other negotiable
instruments, which is not honoured by the financial institution and is returned to the
City, or the City does not receive the appropriate credit on account, the City shall apply
a fee to the account in an amount of $50.00. If the additional NSF fee is not paid the City
may add it to any balance which is due to the City.
6.5
The fee and charges payable for a Tax Certificate shall be an amount of $50.00.
7
REPORTING TO COUNCIL
The Chief Administrative Officer shall provide information to the Council at the annual
budget deliberations.
8
BY-LAW REVIEW
This By-law shall be reviewed no less than every five years from the date it is passed.
9
SEVERABILITY
The invalidity of any provisions of this By-law with an Act or Regulation in force in the
Province of Manitoba or a decision of Court, shall not affect the validity or enforceability
of any other provisions of this By-law, which shall remain in full force and effect.
10
SUNSET
This By-law shall continue in force and effect until repealed.
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11.
EFFECTIVE DATE
The effective date of this By-law shall be the day after it is passed.
12.
REPEALING
By-law No. 5337, being the Fees and Charges By-law, is hereby repealed.
13.
AUTHORITY
The Municipal Act provides as follows
85(1) A council may by by-law delegate any of its powers, duties or functions under a
by-law or this or any other Act to the head of council, a council committee, the chief
administrative officer or a designated officer, unless the by-law or Act otherwise
provides.
231
The power given to a council under this Division to pass by-laws is stated in
general terms
(a) to give broad authority to the council and to respect its right to govern the
municipality in whatever way the council considers appropriate, within the
jurisdiction given to it under this and other Acts; and
(b) to enhance the ability of the council to respond to present and future issues in the
municipality.
232(1)
A council may pass by-laws for municipal purposes respecting the following
matters
(a) the safety, health, protection and well-being of people, and the safety and protection
of property;
(b) people, activities and things in, on or near a public place or a place open to the
public, including parks, municipal roads, recreation centres, restaurants, facilities, retail
stores, malls, and private clubs and facilities that are exempt from municipal taxation;
(c) subject to section 233, activities or things in or on private property;
(c.1) subject to section 233.1, the condition and maintenance of vacant dwellings and
non-residential buildings;
(c.2) subject to section 233.2, the conversion of rental units into units under The
Condominium Act;
(d) municipal roads, including naming the roads, posting the names on public or private
property, and numbering lots and buildings along the roads;
(e) private works on, over, along or under municipal roads;
(f) property adjacent to highways or municipal roads, whether the property is publicly or
privately owned;
(g) the operation of off-road vehicles on public or private property;
(h) drains and drainage on private or public property;
Page 4 of 7
(i) preventing and fighting fires;
(j) the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other
firearms, and the use of bows and arrows and other devices;
(k) wild and domestic animals and activities in relation to them, including by-laws
differentiating on the basis of sex, breed, size or weight;
(I) public utilities;
(m) local transportation systems;
(n) businesses, business activities and persons engaged in business;
(n.1) the establishment of a program of property tax credits to encourage and assist in
the renovation of buildings that have been designated as municipal heritage sites
under The Heritage Resources Act;
( o) the enforcement of by-laws.
232(2)
Without limiting the generality of subsection (1), a council may in a by-law
passed under this Division
(a) regulate or prohibit;
(b) adopt by reference in whole or in part, with any changes the council considers
necessary or advisable, a code or standard made or recommended by the Government
of Canada or a province or a recognized technical or professional organization, and
require compliance with the code or standard;
(c) deal with any development, activity, industry, business, or thing in different ways, or
divide any of them into classes and deal with each class in different ways;
(d) establish fees or other charges for services, activities or things provided or done by
the municipality or for the use of property under the ownership, direction, management
or control of the municipality;
(e) subject to the regulations, provide for a system of licences, permits or approvals,
including any or all of the following:
(i) establishing fees, and terms for payment of fees, for inspections, licences, permits
and approvals, including fees related to recovering the costs of regulation,
(ii) establishing fees for licences, permits and approvals that are higher for persons
or businesses who do not reside or maintain a place of business in the municipality,
(iii) prohibiting a development, activity, industry, business or thing until a licence,
permit or approval is granted,
(iv) providing that terms and conditions may be imposed on any licence, permit or
approval, and providing for the nature of the terms and conditions and who may
impose them,
(v) providing for the duration of licences, permits and approvals and their
suspension or cancellation or any other remedy, including undertaking remedial
action, and charging and collecting the costs of such action, for failure to pay a fee or
to comply with a term or condition or with the by-law or for any other reason
specified in the by-law, and
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(vi) providing for the posting of a bond or other security to ensure compliance with a
term or condition;
(f) except where a right of appeal is already provided in this or any other Act, provide for
an appeal and the body that is to decide the appeal, and related matters;
(g) require persons who do not reside or have a place of business in the municipality to
report to the municipal office before conducting business in the municipality; and
(h) require pawnbrokers to report all transactions by pawn or purchase to the head of
council or to the police.
341(1)
On request and payment of a fee prescribed by by-law, a designated officer
must issue a tax certificate showing
(a) the taxes for the year in respect of the property or business specified in the request,
and any amount paid;
(b) any tax arrears owing in respect of the property or business as of the date of the
certificate;
(c) whether the lands are assessed for farming purposes under section 17 of The
Municipal Assessment Act.
236(1) Without limiting the generality of clause 232(1)(0) (enforcement of by-laws) and
subject to subsection (3), a by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for determining whether by-laws are
being complied with; and
(b) remedying contraventions of by-laws, including
(i) creating offences,
(ii) subject to the regulations, providing for fines and penalties, including the
imposition of a penalty for an offence that is in addition to a fine or imprisonment,
so long as the penalty relates to a fee, rate, toll, charge or cost that is associated
with the conduct that gives rise to the offence, or related to enforcing the by-law,
(iii) providing that an amount owing under subclause (ii) may be collected in any
manner in which a tax may be collected or enforced under this Act,
(iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of
plants, animals, vehicles, or other things related to a contravention,
(v) charging and collecting costs incurred in respect of acting under subclause (iv),
(vi) imposing a sentence of imprisonment for not more than six months for the
commission of offences or nonpayment of fines.
250(3)
The council of a municipality that uses municipal equipment, materials and
labour to carry out private works on private property must establish a policy on private
works.
250(4)
A policy on private works must set out the rates or charges, or the method of
fixing the rates or charges, to be charged for the private work before private works are
carried out on private property.
Page 6 of 7
250(5)
For certainty, a rate or charge specified or fixed by the council in the policy
on private works is a charge referred to in clause 252(1)(a).
252(1)
A municipality exercising powers in the nature of those referred to in
clauses 250(2)(b), (c) and (e) may set terms and conditions in respect of users,
including
(a) setting the rates or amounts of deposits, fees and other charges, and charging and
collecting them;
(b) providing for a right of entry onto private property to determine compliance with
other terms and conditions, to determine the amount of deposits, fees or other
charges, or to disconnect a service; and
(c) discontinuing or disconnecting a service and refusing to provide the service to users
who fail to comply with the terms and conditions.
252(2)
A charge referred to in clause (l)(a) may be collected by the municipality in the
same manner as a tax may be collected or enforced under this Act.
253(1)
The power of a municipality referred to in clause 250(2)(d) to enter into
agreements includes the power to enter into agreements pertaining to land,
improvements, personal property, works, services, facilities, utilities or private works
within or outside the boundaries of the municipality.
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DONE AND PASSED by the Council of the City of Selkirk, assembled at Selkirk, Manitoba, this
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, 2023.
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