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unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NO. 2023-57
BEING a By-Law to impose fees and charges.
WHEREAS section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that without limiting sections 9, 10 and 11 of the Act, those sections authorize a municipality to impose fees or charges on persons for services or activities provided or done by or on behalf of it, 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 for the use of its property including property under its control;
AND WHEREAS section 69 of the Planning Act, R.S.O. 1990, c. P.13, as amended, states that 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;
AND WHEREAS the Council of the Corporation of the Township of East Hawkesbury deems it necessary and expedient to update the existing by-laws establishing and requiring the payment of fees and charges for services, activities and use of its property in order to combine all fees and charges of every department of the Township of East Hawkesbury into one by-law.
NOW THEREFORE the Council of the Corporation of the Township of East Hawkesbury enacts as follows:
1. That the fees and charges for the Corporation of the Township of East Hawkesbury
as established in Schedule A to be hereby adopted and forming part of this By-law.
2. That no request by any person or their agent for any services, activities and use of its property described in Schedule A will be processed or provided by the Corporation of the Township of East Hawkesbury until the person or their agent requesting the service, activity or use of property has paid the applicable fee or charge in the prescribed amount as set out in the applicable Schedule.
3. The fees and charges as established in Schedule A are subject to the Harmonized Sales Tax (HST) where applicable.
4. That in the event sections or parts of this By-law, including any sections or parts of Schedule A , be determined by a Court of competent jurisdiction to be invalid or ultra vires, such sections or parts shall be deemed severable, with all other sections or parts of this By-law remaining in full force and effect.
5. This By-Law shall replace any previous By-Laws passed in respect of fees and charges.
6. That this By-law shall come into force and take effect as of the day of January 1st, 2024.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 27 DAY OF NOVEMBER 2023.
SEAL
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Robert Kirby, MayorHemi Villeneuve, Clerk