Fees Bylaw — full text

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## Rural Municipality of Kinkora, PEI A Bylaw to Establish Fees for Various Municipal Services Bylaw # 2019-04 BE IT ENACTED by the Council of the Rural Municipality of Kinkora 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 Rural Municipality of Kinkora to pass bylaws establishing and requiring the payment of fees for inspections, development permits, subdivision, parking, facility rental, recreation and other matters for the purpose of raising revenues. ## 3. Authority - 3.1. Subclause 162(1)(a)(i) of the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1., and section 20 of the Planning Act RSPEI 1988 c P-8., enables municipalities to, by bylaw, impose requirements, establish fees and establish a process for the collection of fees. ## 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 Rural Municipality of Kinkora. - 5.6. "License" means a permit from the Rural Municipality of Kinkora 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 Rural Municipality of Kinkora which contributes to capital costs of local improvements such as sewer and water upgrades, for example. ## 6. Establishment of Fees - 6.1. The Rural Municipality of Kinkora hereby establishes fees to be charged for inspections, development permits, subdivision, parking, facility rental, recreation other matters, in accordance with the Act. - 6.2. 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. - 6.3. The fees set out in the Schedule to this bylaw are subject to the Harmonized Sales Tax (H.S.T.) where applicable. - 6.4. In addition to the fees established in this bylaw, the Rural Municipality of Kinkora 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 Rural Municipality of Kinkora 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 Rural Municipality of Kinkora, which costs may be payable in addition to the fees set out in this bylaw. - Pursuant to subsection 142(2), the Rural Municipality of Kinkora 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 Rural Municipality of Kinkora 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. Repeal of Existing Bylaw - 9.1. On adoption, this bylaw replaces Bylaw to Establish Fees for Various Municipal Services 2018-08, Dated May 28th, 2018. ## 10. Effective Date - 10.1. This Fees Bylaw, Bylaw# 2019-04, shall be effective on the date of approval and adoption below. ## First Reading: This Fees Bylaw, Bylaw# 2019-04, was read a first time at the Council meeting held on the 22nd day of April, 2019. This Fees Bylaw, Bylaw# 2019-04, was approved by a majority of Council members present at the Council meeting held on the 22nd day of April, 2019. ## Second Reading: This Fees Bylaw, Bylaw# 2019-04, was read a second time at the Council meeting held on the 25th day of April, 2019. This Fees Bylaw, Bylaw# 2019-04, was approved by a majority of Council members present at the Council meeting held on the 25th day of April, 2019. ## Approval and Adoption by Council: This Fees Bylaw, Bylaw# 2019-04, was adopted by a majority of Council members present at the Council meeting held on the 25th day of April, 2019. ## Signatures Mayor signature seatedio Chief Administrative officer (signature sealed) VEN- 3L201   This Fees Bylaw, Bylaw #2019-04 adopted by the Council of the Rural Municipality of Kinkora on the 25th day of April, 2019 is certified to be a true copy.   foan mullinon Chief Administrative Officer Signature Aaril 29/19 ## Schedule A This Schedule forms part of the bylaw and may only be amended in accordance with Part 5 Division 2 of the Act. For complex fee structures, a separate schedule for each fee category could be used | Type of Fees | Fee Structure | Fees Due | |-------------------------------|----------------------------------|----------------| | 1. Recreation / Facility Fees | See attached Schedule "B" | At time of use | | 2. Planning Permits | See Zoning and Development Bylaw | | | 3. Utility Fees | See Utility Bylaw | | ## Schedule B ## All Inclusive Package: Includes: Use of Gazebo Tables and Chairs Table Linens and Skirting TV Screen (slideshow) Bartenders Security Full Kitchen Use Add on: Chair covers $1800 plus HST $2 each plus HST Basic Rental: Includes: Tables Chairs $400 plus HST Add on (to basic rental): Full use of Kitchen $150 plus HST (stove, dishwasher, cooler, dishware, glassware and cutlery) Partial Use of Kitchen $75 plus HST (any three of the above items) Chair Covers Table Cloths Bartenders/Security $2 each plus HST $10 each plus HST please inquire All bookings require a completed contract and 50% deposit to confirm date. Deposit is refundable up to 30 days prior to the date of event.