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THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2024-056
DRUMMOND/NORTH ELMSLEY TAY VALLEY FIRE RESCUE
FEES AND CHARGES
WHEREAS, Section 5 (0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997,
Chapter 4, as amended, provides that the Council of a municipality may establish, maintain
and operate a fire department for all or any part of the municipality;
AND WHEREAS, the Council of the Corporation of the Township of Drummond/North
Elmsley and the Council of the Corporation of Tay Valley Township have passed by-laws to
Establish and Regulate the Drummond/North Elmsley Tay Valley Fire Rescue;
AND WHEREAS, Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may impose fees or charges on persons,
(a) for services 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;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley
Township enacts as follows:
1.
DEFINITIONS
For the purpose of this by-law:
1.1
"Emergency Response" - means the core services as outlined in the
Establishing and Regulating By-Law for the Fire Department.
1.2
"Fire Chief" - means the person or designate appointed under subsection 6
(1 ), (2) or (4) of the Fire Protection and Prevention Act, 1997, as amended,
appointed by Council.
1.3
"Fire Department" - means the Drummond/North Elmsley Tay Valley Fire
Rescue.
1.4
"Fire Fees" - means the fees and charges as set out in Schedule "A" to this
by-law.
1.5
"Fire Watch" - means when a Member is required to ensure the fire safety of a
building or area in the event of any act (ex. hot work, or situation that may pose
an increased risk to Persons or Property).
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THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2024-056
1.6
"Member" - means any firefighter or employee of the Fire Department, as
approved by the Fire Board.
1. 7
"Motor Vehicle" - has the same meaning as prescribed in the Highway Traffic
Act, R.S.O. 1990, c. H.8, as amended.
1.8
"MTO Rates" - means the Ministry of Transportation authorized rate per hour
for each apparatus responding to the incident.
1.9
"Municipality" - means The Corporation of Tay Valley Township and/or the
Corporation of the Township of Drummond/North Elmsley.
1.1 O
"Non-Resident" - means the Person who is neither an Owner of Property nor
a Tenant of Property within the Municipality.
1.11
"Owner" - means the registered owner of Property or any person, firm or
corporation in occupation of or having control over or possession of the
Property or any portion thereof, including a property manager, mortgagee in
possession, receiver and manager, trustee and trustee in bankruptcy, and
includes the owner of Motor Vehicles.
1.12 "Person" - means an individual, sole proprietorship, partnership, corporation,
municipal corporation, unincorporated association or organization, trust, and a
natural person in his or her capacity as trustee, executor, administrator or other
legal representative.
1.13 "Property" - means any real property within the Municipality and includes all
buildings, or any part of any building, and all structures, machinery and fixtures
erected or placed upon, in, over, under or affixed to land, but excludes real
property owned by the Federal and Provincial Government.
1.14 "Tenant" - has the same meaning as prescribed in the Assessment Act,
R.S.O. 1990, c. A.31, as amended.
2.
GENERAL REGULATIONS
2.1
THAT, the Council of the Corporation of Tay Valley Township hereby
establishes the fees and charges as set out in Schedule "A" - Fire Fees.
2.2
THAT, Fire Fees are subject to the Harmonized Sales Tax (HST) as applicable.
2.3
THAT, no discounts apply for early payment of Fire Fees.
2.4
THAT, payment of all Fire Fees is due within 30 days of receipt of an invoice
issued by the Fire Department unless otherwise stated in Schedule "A".
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THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2024-056
3.
MOTOR VEHICLE ACCIDENTS AND FIRES
3.1
If the Fire Department attends the scene of a Motor Vehicle accident or Motor
Vehicle fire on any Property within the Municipality and provides Emergency
Response and the Owner of the Motor Vehicle is a Non-Resident of the
Municipality, the Fire Department shall charge the respective Fire Fee to the
Owner and the Owner's insurance company in order to recover full payment of
the Fire Fee.
4.
NATURAL GAS INCIDENT RESPONSE
4.1
If the Fire Department attends a Property in response to a natural gas leak, the
Owner or Person responsible for the leak shall be charged the respective Fire
Fee(s).
5.
EXTRAORDINARY EXPENSES
5.1
If the Fire Department provides Emergency Response and the Fire Chief
determines that it is necessary to retain a private contractor, or rent special
equipment, or use consumable materials other than water and medical supplies
in order to control and eliminate an emergency, all costs and expenses incurred
by the Fire Department shall be charged to the Owner.
6.
HAZARDOUS MATERIALS INCIDENT
6.1
If the Fire Department provides Emergency Response to an incident involving a
hazardous substance that was not properly controlled, handled, stored,
manufactured, processed, packaged, used, disposed or transported, or involved
in an accident, all costs and expenses incurred by the Fire Department shall be
charged to the Owner or Person responsible for the incident.
7.
ADMINISTRATION AND ENFORCEMENT
7.1
The Fire Department may deliver an invoice either personally, or by registered
mail, or by ordinary mail to a Person or Owner or to the Person's or Owner's
address.
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THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2024-056
7.2
Receipt of an invoice shall be deemed to have occurred:
7.2.1 on the date of delivery in the case of personal delivery;
7.2.2 five days after mailing by registered mail;
7.2.3 seven days after mailing by regular mail.
7.3
All fees shall be subject to 1.25% interest per month on the outstanding amount
following the date the fee is due.
7 .4
Any unpaid fees and accumulated charges may be added to the tax roll and
recovered in a similar manner as municipal taxes pursuant to Section 398 (2) of
the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
8.
ULTRA VIRES
Should any sections of this by-law, including any section or part of any schedules
attached hereto, be declared by a court of competent jurisdiction to be ultra vires, the
remaining sections shall nevertheless remain valid and binding.
9.
BY-LAW REPEALED
9.1
By-Law No. 2015-053 is hereby repealed.
9.2
All by-laws or parts thereof and resolutions passed prior to this by-law which are
in contravention of any terms of this by-law are hereby rescinded.
10.
EFFECTIVE DATE
ENACTED AND PASSED this 10th day of December, 2024.
L/4WJCu1 c{p" r(J CJJ 0-'/
Amanda Mabo, Clerk
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,.,.
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2024-056
SCHEDULE "A"
FIRE FEES
ITEM
FEE
Motor Vehicle Accidents and Fires
(a) for the first hour or any part thereof
MTO Rates
(b) for each additional one-half hour or part thereof
MTO Rates
For attending a Natural Gas Incident:
(a) for the first hour or any part thereof;
MTO Rates
(b) for each additional one-half hour or part thereof
MTO Rates
Extraordinary Expenses
Costs and
Expenses
-
Incurred by the Fire Department in providing Emergency
Response
For attending a Hazardous Materials Incident
MTO Rates
(a) for the first hour or any part thereof;
MTO Rates
(b) for each additional one-half hour or part thereof
For attending a scene for Fire Watch
(a) for the first hour or any part thereof;
MTO Rates
(b) for each additional one-half hour or part thereof
MTO Rates
For responding to an Assistance Request by Other Agencies
MTO Rates
(a) for the first hour or any part thereof;
MTO Rates
(b) for each additional one-half hour or part thereof
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For responding to an Open Air Burning By-Law
Contravention/Complaint
MTO Rates
(a) for the first hour or any part thereof;
MTO Rates
(b) for each additional one-half hour or part thereof
For the investigation of an Open Air Burning By-Law
$150.00
Contravention/Complaint
For any response on a Provincial Highway with the exception of a
Medical Related Emergency
MTO Rates
(a) for the first hour or any part thereof
MTO Rates
(b) for each additional one-half hour or part thereof
Correspondence:
- Fire Code Compliance Letter
$125.00
- File Search/Fire Reports
$125.00
- Fire Investigation Report
$125.00
- Clearance Letter
$125.00
*Payment is required in advance
Inspections:
- Liquor Licensing Inspection
$125.00
- Real Estate Home/Commercial Inspection
$125.00
- Private Day Care Inspection
$125.00
- Marijuana Grow-Op Investigation and Compliance
Staff time
Inspection
accumulated.
*Payment is required in advance
*MTO Rates = Ministry of Transportation Rate which are communicated to Fire Departments
annually by the Ministry.
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