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Rural Municipality of Malpeque Bay, PEI
A Bylaw to Establish Tax Rates
Bylaw # 2018-003
BE IT ENACTED by the Council of the Rural Municipality of Malpeque Bay 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) enables 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 a municipality 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 Malpeque Bay.
4.8.
"Tax rate group" means, in accordance with section 159 of the Act, commercial or
non-commercial real property in a municipality that has similar specified attributes,
including but not limited to (a) access to municipal services not available in other
areas of the municipality; (b) access to a higher level of municipal services than that
available in other areas of the municipality; (c) geographic location in the
municipality; (d) property use; or (e) property ownership.
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 Malpeque Bay establishes, under this bylaw, the following tax
rate groups:
(1.a)
commercial
(1.b)
non-commercial
(1.c)
non-resident
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 31st. 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 Malpeque Bay.
11. Effective Date
11.1.
This Tax Group Bylaw, Bylaw# 2018-003, shall be effective on the date of approval
and adoption below.
First Reading:
This Tax Rate Groups Bylaw, Bylaw# 2018-003, was read a first time at the Council meeting
held on the 14th day of March, 2018.
This Tax Rate Group Bylaw, Bylaw# 2018-003, was approved by a majority of Council
members present at the Council meeting held on the 14th day of March, 2018.
Second Reading:
This Tax Rate Groups Bylaw, Bylaw# 2018-003, was read a second time at the Council
meeting held on the _________ day of___________, 2018.
This Tax Rate Groups Bylaw, Bylaw# 2018-003, was approved by a majority of Council
members present at the Council meeting held on the _________ day of ___________, 2018.
Approval and Adoption by Council:
This Tax Rate Groups Bylaw, Bylaw# 2018-003, was adopted by a majority of Council
members present at the Council meeting held on the ___________ day of ______________,
20XX.
12. Signatures
____________________________
________________________________
Mayor
Chief Administrative Officer
This Tax Rate Group Bylaw adopted by the Council of the Rural Municipality of Malpeque Bay
on ____________________ is certified to be a true copy.
________________________
______________________
Chief Administrative Officer
Date