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The Corporation of the Municipality of Clarington
By-law 2021-005
Being a by-law to delegate authority to the Assessment Review Board
to exercise certain powers and functions of Council pursuant to
Section 357(1)(d.1) of the Municipal Act, 2001.
Whereas subsection 357(1)(d.1) of the Municipal Act, 2001 as amended, authorizes
applications to be made to the Treasurer of a municipality for the cancellation, reduction
or refund of taxes levied in the year in respect of which the application is made where
such person is unable to pay taxes because of sickness or extreme poverty;
Whereas subsection 357 (11) of the Municipal Act, 2001 as amended, authorizes the
Council to pass a by-law to provide that the Assessment Review Board shall exercise
the powers and functions of the Council under subsection 357(1)(d.1) and (5) with
respect to the applications under subsection 357(1)(d.1) of the Act;
Whereas any such by-law passed by Council shall apply to applications made in and
after the year in which such by-law is passed and shall continue to apply until repealed;
and
Whereas it is deemed expedient and appropriate by the Municipality of Clarington that
the Assessment Review Board exercise the functions of Council under subsection
357(1)(d.1) of the Municipal Act, 2001 for the current year and each year hereafter until
repealed;
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
That the Assessment Review Board shall exercise the functions of Council
pursuant to subsections 357(1) and (5), with respect to applications made under
subsection 357(1)(d.1) of the Municipal Act, 2001.
2. That subsections 357 (6), (7), (8), (9) and (10) of said Act do not apply to such
applications due to the delegation of authority.
That a certified copy of the By-law shall be forwarded to the register of the
Assessment Review Board and to the Municipal Property Assessment Corporation
in accordance with subsection 357 (12) of said Act.
4. That following the passing of this by-law, every application for cancellation,
reduction or refund of taxes due to sickness or extreme poverty shall be forwarded
to the Assessment Review Board for processing.
This By-law shall come into force and effect upon the date of the final reading thereof.
By -Law passed in open session this 18th day of January, 2021.
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Adrian Foster, Mayor
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Ir June Gallagher, unicipal Clerk