HomeMy WebLinkAbout2016-087THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2016-087
being a by-law to delegate authority to make decisions and hold meetings
under sections 356, 357, 358 and 359 of the Municipal Act, 2001
WHEREAS pursuant to subsection 356(1) of the Municipal Act, 2001, a local
municipality may (a) divide land which is assessed in one block into two or more parcels
if each parcel is one that can be legally conveyed under the Planning Act; (b) apportion
the unpaid taxes on the land among the parcels; and (c) direct what proportion of any
part payment of taxes on the land is to be applied to each; and
WHEREAS pursuant to subsection 357(1) of the Municipal Act, 2001, a local
municipality may cancel, reduce or refund all or part of taxes levied on land in specified
circumstances; and
WHEREAS pursuant to subsection 358(1) of the Municipal Act, 2001, a local
municipality may cancel, reduce or refund all or part of the taxes levied on land in one or
both of the two years preceding the year in which the application is made for any
overcharge caused by a gross or manifest error in the preparation of the assessment
roll that is clerical or factual in nature, including the transposition of figures, a
typographical error or similar errors, but not an error in judgment in assessing the
property; and
WHEREAS pursuant to subsection 359(1) of the Municipal Act, 2001, a local
municipality may increase the taxes levied on land in the year in respect of which the
application is made to the extent of any undercharge caused by a gross or manifest
error that is a clerical or factual error, including the transposition of figures, a
typographical error or similar error, but not an error in judgement in assessing the land;
and
WHEREAS prior to making any decision under subsections 356(1), 357(1), 358(1) and
359('1) of the Municipal Act, 2001, the council of the local municipality is required to (a)
hold a meeting at which an applicant or the person in respect of whom the application is
made may make representations to council; and (b) notify the applicant or the person in
respect of whom the application is made of the meeting.
WHEREAS pursuant to section 23.1 of the Municipal Act, 2001, a local municipality may
delegate to a person certain of its powers under the Municipal Act, 2001; and
WHEREAS pursuant to section 23.5 of the Municipal Act, 2001, a local municipality may
delegate to a person the duty to hold meetings; and
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
appropriate to enact this by-law for the purpose of delegating such duty.
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1 The Treasurer is hereby delegated the power to make decisions under
subsections 356(1), 357(1), 358(1) and 359(1) of the Municipal Act, 2001.
2. The Treasurer is hereby delegated the duty to hold meetings under the
subsections 356(4), 357(5), 358(9) and 359(3) of the Municipal Act, 2001.
3. This By-law shall come into force on the date that it is passed.
By-law passed in open session this 31 st day of October, 2016.
rian Foster, Mayor
June Gallagher, 96puty Clerk