Tax Rate Groups Bylaw #2018-02 — full text

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## Rural Municipality of Brackley - Bylaw to Establish Tax Rate Groups Bylaw - 2018-2 BE IT ENACTED by the Council of the Rural Municipality of Brackley as follows: ## 1. Title - 1.1. This bylaw shall be known and cited as the "Tax Rate Groups Bylaw." ## 2. Authority - 2.1. Subsection 8(1) of the Real Property Tax Act, RSPEI 1988 c R-5, provides the authority for Council to establish tax rates. - 2.2. Subsection 160(1) of Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1., enables Council to set and approve a rate or rates, by resolution, for all real property within the jurisdiction and boundaries of the municipality. - 2.3. Subsection 160(2) of Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1enables Council to establish, by bylaw, separate tax rate groups in the municipality for purposes of raising revenue sufficient to defray projected municipal expenditures. ## 3. Application - 3.1 This bylaw applies to all real property within the boundaries of the Rural Municipality of Brackley that is liable each calendar year to taxation by the municipality. ## 4. Definitions - 4.1. "Act" means the Municipal Government Act. - 4.2. "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. - 4.3. "Council" means the Mayor and other members of the Council of the municipality. - 4.4. "Councillor" means a member of Council other than the Mayor. - 4.5. "Operating Budget" is the annual budget of Council stated in terms of Budget Classification Code, functional categories and cost accounts. - 4.6. "Capital Budget" is the annual budget of Council allocating money for the acquisition or maintenance of fixed assets such as land, buildings, and equipment. - 4.7. "Lien" means an encumbrance or charge on a property to secure the debt owed by the property owner to the Rural Municipality of Brackley. - 4.8. "Municipality" means the Rural Municipality of Brackley. - 4.9. "Tax rate group" is as defined in section 159 of the Act. ## 5. General - 5.1. Council, through this bylaw, establishes tax rate groups within the municipality and may apply different tax rates to each group to reflect the differences in services provided. - 5.2. The rate or rates of tax that may be approved by Council shall consist only of one commercial rate and one non-commercial rate for each tax group. - 5.3. Council will set tax rates within the municipality by resolution. - 5.4. Council may set a different tax rate where it has created a tax rate group based on property use or type in accordance with subsection 160(2) of the Act. ## 6. Tax Groups - 6.1 The Rural Municipality of Brackley establishes, under this bylaw, the following tax rate groups: - (a) commercial - (b) non-commercial ## 7. Establishing Group Rates - 7.1. The tax rates for each group shall be established by resolution of Council on an annual basis prior to March 315*. Tax rate groups established in this bylaw are identified in "Schedule A" of this bylaw. ## 8. Notification - 8.1. Council shall notify the Provincial Tax Commissioner in writing regarding rate or rates of taxation to be set for the period of January to December prior to March 31 of the year to which rates apply. - 8.2. Where the municipality is restructured, Council shall notify the Provincial Tax Commissioner of the restructuring on or before September 30 of the preceding calendar year. - 8.3. Where Council has established or changed a tax rate group, Council shall notify the Provincial Tax Commissioner on or before December 31 of the preceding calendar year. ## 9. Restrictions on Rate Setting - 9.1. Council shall not approve a change to a tax rate to take effect at any time except on January 1 of the year in which the new tax rate applies. - 9.2. Council shall not approve a change to a tax rate to apply for a period of time less than a full calendar year. ## 10. Enforcement - 10.1. The Minister of Finance collects and is responsible for enforcing the collection of taxes on behalf of the Rural Municipality of Brackley. ## 11. Effective Date This Tax Rate Groups Bylaw, Bylaw# 2018-2, shall be effective on the date of approval and adoption below.     ## First Reading: This Tax Rate Groups Bylaw, Bylaw# 2018-02, was read a first time at the Council meeting held on the a of day of elualy 2018. This Van& ple roBylaw, Bylaw# 2018-02, was approved by a majority of Council members present at the Council meeting held on the o/al day of ## Second Reading: This Tax Rate Groups Bylaw, Bylaw# 2018-02, was read a second time at the Council meeting held on the lat day of March. 2018 This Tax Rate Groups Bylaw, Bylaw# 2018-02, was approved by a najority of Council members present at the Council meeting held on the 2/olday of / кch,2013. ## Approval and Adoption by Council: This Taxi Rate Groups Bylaw, Bylaw# 2018-02, was adopted by almajority of Council members present at the Council meeting held on the o/st day of arct 2018 iz sighatures! 171 Ben Mayor, Mamen audio Chief Administrative Officer This Tax Rates Group Bylaw adopted by the Council of the Rural Municipality of Brackley on thin Ls is certified to be a true copy. Dudmore Chief Administrative Officer Mach 2/18 Date Filed on behalf of the Minister of Communities, Land and Environment in accordance with s. 129 of the Municipal Government Act. li hi May 2,2018 Signed Dated    ## Schedule A | Tax Rate Group Name | Description | |------------------------------|-------------------------------| | Non-Commercial Brackley | Agricultural/residential use. | | Non-Commercial Winsloe South | Agricultural/residential use. | | Commercial Brackley | Commercial use. | | Commercial Winsloe South | Commercial use. |