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The Corporation of the Municipality of Clarington
By-law 2020-027
Being a by-law to adopt the estimates of all sums required during the year, to strike
rates and levy taxes for municipal purposes for the year 2020 and to provide for the
collection thereof.
Whereas it is necessary for the Council of The Corporation of the Municipality of
Clarington pursuant to Section 312 (2) of the Municipal Act, 2001 to levy on the whole
rateable property according to the last revised assessment roll for The Corporation of
the Municipality of Clarington the sums set forth for various purposes in Schedule "A"
hereto attached for the current year;
And Whereas the property classes have been prescribed by the Minister of Finance
under the Assessment Act, R.S.O. 1990 ch A.31 as amended and Regulations
thereto;
And Whereas an interim levy was made before the adoption of the estimates for the
current year;
And Whereas Subsection 208(2) of the Municipal Act provides that the Council of a
municipality shall in each year levy a special charge upon rateable property in a
Business Improvement Area, which has been designated under Subsection 204(1);
And Whereas Section 342(1)(b) of the Municipal Act, 2001 S.O. 2001, as amended
states in part that a municipality may pass by-laws providing for alternative
installments and due dates to allow taxpayers to spread the payment of taxes more
evenly over the year;
And Whereas Section 345(2) of the Municipal Act, 2001 S.O. 2001, as amended
provides that a percentage charge, not to exceed 1 ¼ percent of the amount of taxes
due and unpaid, may be imposed as a penalty for the non-payment of taxes on the
first day of default or such later date as the by-law specifies;
And Whereas Section 345(3) of the Municipal Act, 2001, S.O. 2001 as amended,
provides that interest charges not to exceed 1 ¼ percent each month of the amount
of taxes due and unpaid, may be imposed for the non-payment of taxes in the
manner specified in the by-law but interest may not start to accrue before the first day
of default;
And Whereas pursuant to the Regional Municipality of Durham By-Law Number 09-
2020 for Regional General purposes, 10-2020 for Regional Transit Commission
purposes and 11-2020 for Regional Solid Waste Management purposes were passed
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to adopt estimates of all sums required by The Regional Municipality of Durham for
the purposes of the Regional Corporation and to provide a levy on Area
Municipalities; and the Regional Municipality of Durham approved the transition ratios
By-law Number 08-2020;
And Whereas the Province of Ontario has prescribed the Education Tax Rates in
Regulation 6/20 of the Education Act;
Now therefore the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. That for the year 2020, The Corporation of the Municipality of Clarington shall
levy upon the Residential, Multi-Residential, Commercial, Industrial, Pipeline,
Farmland and Managed Forest Assessment the rates of taxation per current
value assessment for general purposes as set out in the Schedule "A"
attached to this By-law;
2. And that the estimated expenditures, net of revenue and applied surplus
required during the year 2020 totalling approximately $62,747,374 are set forth
in Schedule “A” attached to this By-law in the manner as set hereunder:
2020 2019 2018
General Purposes
Total for Business Improvement Area
TOTAL
62,747,374
213,439
62,960,813
59,822,692
215,200
60,037,892
56,757,931
211,820
56,969,751
3. And that the tax rates, established by this by-law to produce the final tax bills
for 2020 shall be adjusted to account for the interim levies imposed by By-law
No. 2019-067;
4. And that the tax rates established by this by-law to produce the final tax bills for
2020 shall take into account adjustments to commercial, industrial and multi-
residential properties as required by Bill 140, an Act to amend the Assessment
Act, Municipal Act, Assessment Review Board Act and Education Act in respect
of property taxes;
5. And that in the event an instalment is not paid on its due date, there shall be
imposed a penalty of 1 ¼ percent (1.25%) on the first day of the calendar
month following non payment;
6. And that in the event an instalment is not paid on its due date, interest shall be
imposed at the rate of 1 ¼ per cent (1.25%) on the first day of the second
calendar month following the due date and on the first day of every calendar
month thereafter until the taxes are paid;
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7. And that if any instalment remains unpaid at the due date, all future
instalments become immediately due and payable;
8. And that the Treasurer and the Tax Collector are hereby authorized to accept
part payment from time to time on account of taxes due, provided that the
acceptance of any part payment shall not affect the collection of any
percentage charge imposed under sections (5) and (6) of this by-law;
9. And that notwithstanding the provisions of the by-law, all taxes shall be
deemed to have been imposed and to be due on and from the first day of
January, 2020;
10. And that on application to the Municipality, a taxpayer may pay taxes by a pre-
authorized payment plan, payable on the first day of each month or by full
payment on instalment due dates. In the event of the default of the payment
on the pre-authorized payment plan, enrolment in the plan shall be terminated
and the final tax levy shall be due and payable on the instalment dates as set
out in Section 14;
11. And that all realty taxes levied under Section 33 and Section 34
(supplementary/omitted taxes) of the Assessment Act shall be due and
payable at least twenty-one (21) days after notice is given by the Tax
Collector;
12. And that for the payments-in-lieu of taxes due to The Corporation of the
Municipality of Clarington the actual amount due to The Corporation of the
Municipality of Clarington shall be based on the assessment roll and the tax
rates for the year 2020;
13. And that for the railway rights of way taxes due to The Corporation of the
Municipality of Clarington in accordance with the Regulations as established
by the Minister of Finance, pursuant to the Municipal Act, 2001, S.O.2001,
c.25, as amended, the actual amount due to The Corporation of the
Municipality of Clarington shall be based on the assessment roll and the tax
rates prescribed for the year 2020;
14. And that there shall be levied and collected upon the assessable land,
buildings and businesses with the Corporation of the Municipality of
Clarington, the rates identified on Schedule “A”, and as follows on the
commercial and industrial assessments in the Business Improvement Areas
for the year 2020.
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Business Improvement
(Note 2)
Bowmanville
Newcastle
Orono
CT,ST,XT & GT
CU & CX
IT
0.00394147
0.00394147
0.00550038
0.00092812
0.00092812
0.00129520
0.00134057
0.00134057
0.00187079
(Note 1 – Due to delays resulting from implementation of Bill 140, Multi-
Residential, Commercial and Industrial properties may be billed separately in
2020)
(Note 2- Rates: CT= Commercial Taxable Full, CU= Commercial Taxable –
Excess land CX=Commercial Taxable Vacant Land; IT=Industrial Taxable Full;
XT=Commercial Taxable Full New Construction; ST=Shopping Centres;
GT=Parking Lot Taxable Full)
15. And that subject to the provisions of clause 9 of this by-law, all taxes levied
under the authority of this by-law shall be payable in Canadian funds and shall
be divided into two equal instalments, the first of said instalments to become
due and payable on or before the 23 day of July, 2020 and the second of said
instalments to become due and payable on or before the 17 day of September,
2020 and shall be paid into the office of the Treasurer of The Corporation of
the Municipality of Clarington, subject to change by the Treasurer or Tax
Collector, for accommodation for Bill 140, and/or any other Legislation or
Regulation which may be enacted after the passage of this by-law;
16. And that the Municipality will collect and forward Regional and Education
levies in accordance with the rates established by the Region of Durham and
the Province of Ontario as reflected in Schedule “A”;
17. And that Schedule "A" attached hereto shall be and form a part of this By-law;
18. And that if any section or portion of this by-law or of Schedule “A” is found by a
court of competent jurisdiction to be invalid, it is the intent of the Council of the
Municipality of Clarington that all remaining sections and portions of this By-
law and Schedule “A” continue in force and effect.