Alberton, Prince Edward Island
· adopted 2018-02-12
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Town of Alberton, PEI
A Bylaw to Establish Fees for Various Municipal Services
Bylaw # 213-3-2018
BE IT ENACTED by the Council of the Town of Alberton as follows:
1. Title
1.1.
This bylaw shall be known and cited as the "Fees Bylaw".
2. Purpose
2.1
To enable the Council of the Town of Alberton to pass bylaws establishing and
requiring the payment of fees for business licenses, inspections, parking, recreation
and other matters for the purpose of raising revenues.
3. Authority
3.1.
Sub clause 162(1)(a)(i) of the Municipal Government Act R.S.P.E.I. 1988, Cap. M-
12.1., and section the Planning Act, RSPEI 1988 c P-8, provides that a council must
establish a procedural bylaw to regulate its proceedings in accordance with the Act.
4. Application
4.1.
This bylaw enables the authority for council to establish fees and charges for the
provision of goods and services and applies to any person on which a fee or charge
is imposed under this bylaw
4.2.
These fees are set out in the Schedule attached to this bylaw and form part of the
bylaw.
5. Definitions
5.1.
"Act" means the Municipal Government Act.
5.2.
"Chief Administrative Officer" or "CAO" means the administrative head of a
municipality as appointed by Council under subsection 86(2)(c) of the Municipal
Government Act.
5.3.
"Council" means the Mayor and other members of the Council of the municipality.
5.4.
"Councillor" means a member of Council other than the Mayor.
5.5.
"Lien" means an encumbrance or charge on a property to secure the debt owed by
the property owner to the Town of Alberton .
5.6.
"License" means a permit from the Town of Alberton to own or use something or to
do a particular thing.
5.7.
"Local improvement charge" means a fixed annual charge levied against real
property for a specific period by the Town of Alberton which contributes to capital
costs of local improvements such as sewer and water upgrades, for example.
6. Establishment of Fees
6.1.
The Town of Alberton hereby establishes fees to be charged for inspections,
parking, recreation and other matters, in accordance with the Act.
6.2.
The Town of Alberton will charge fees that are higher for persons or businesses that
do not reside or maintain a place of business in the municipality (clause 182(c)(ii) of
the Act), where so outlined in the Schedule attached to this bylaw.
6.3.
Council may revise fees at any time by resolution if required, in accordance with
section 135 of the Act, and shall ensure that the relevant Schedule to this bylaw is
updated.
6.4.
The fees set out in the Schedule to this bylaw are subject to the Harmonized Sales
Tax (H.S.T.) where applicable.
6.5.
In addition to the fees established in this bylaw, the Town of Alberton may also
establish fees in other bylaws where those fees are specifically related to the
matter addressed in that bylaw.
7. Collection of Fees
7.1.
The Town of Alberton may take into revenue deposits and investments, any charges
for the operation of a service or municipal utility under the control of Council and
any other funds the municipality may acquire pursuant to this bylaw or any other
bylaw establishing fees, in accordance with section 162 of the Act.
7.2.
The fees and charges set out in the Schedule to this bylaw shall come into force and
effect on the date of passage, unless otherwise specified.
7.3.
All fees charged in accordance with this bylaw are owing at the time of the service,
or as otherwise outlined in the Schedule to this bylaw.
7.4.
The fees listed in the Schedules to this bylaw are in addition to any costs incurred
by the Town of Alberton, which costs may be payable in addition to the fees set out
in this bylaw.
7.5.
Pursuant to subsection 142(2), the Town of Alberton may by resolution cancel or
write off any arrears of fees, penalties or interest charges that are prescribed by
bylaw or specified in a resolution that, in the opinion of Council, are no longer
collectable from the person, institution, association, group or body that is liable to
pay them.
8. Penalties
8.1.
The Town of Alberton, may, in accordance with subsection 162(3) of the Act, refuse
to issue or renew any license or authorization that the municipality is authorized
under this bylaw of the municipality, or under the Act or another Act, to issue or
renew to a person who has failed to pay charges, fees, fines or penalties
established in the Schedule to this bylaw, including any interest accruing to any of
them.
9. Effective Date
9.1.
This Fees Bylaw, Bylaw# 213-3-2018, shall be effective on the date of approval and
adoption below.
First Reading:
This Fees Bylaw, Bylaw# 213-3-2018, was read a first time at the Council meeting held on the 8th
day of January, 2018.
This Fees Bylaw, Bylaw# 213-3-2018, was approved by a majority of Council members present
at the Council meeting held on the 8th day of January, 2018.
Second Reading:
This Fees Bylaw, Bylaw# 213-3-2018, was read a second time at the Council meeting held on the
12th day of February, 2018.
This Fees Bylaw, Bylaw# 213-3-2018, was approved by a majority of Council members present
at the Council meeting held on the 12th day of February, 2018.
Approval and Adoption by Council:
This Fees Bylaw, Bylaw# 213-3-2018, was adopted by a majority of Council members present at
the Council meeting held on the 12th day of February, 2018.
10. Signatures
____________________________
________________________________
Mayor (signature sealed)
Chief Administrative Officer (signature sealed)
Schedule A
This Schedule forms part of the bylaw and may only be amended in accordance with Part 5
Division 2 of the Act.
Type of Fees
Fee Structure (Describe the fee
structures and list any
exemptions or surcharges, etc.)
Fees Due (Set out when fees must
be paid)
1. Planning Permits
See Zoning and Development
Bylaw
2. Utility Fees
See Utility Bylaw