HomeMy WebLinkAbout20 024 Delegation of Powers and Duties (Tax Extension Agreements) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2020 - 024
BEING A BY-LAW TO DELEGATE CERTAIN POWERS AND DUTIES
WHEREAS Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, (the Act)
as amended, requires a municipality to adopt and maintain a policy with respect
to the delegation of its powers and duties;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
• adopted a Delegation of Powers and Duties Policy GG 3.7 by By-law No. 2007 -
355 on November 21, 2007;
AND WHEREAS Council deems it appropriate to delegate certain powers and
duties to staff;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the power to enter into tax extension agreements be delegated to the
Treasurer as set out in Schedule "A", attached hereto and forming part of the
By-law.
2. That this By-law shall come into full force and effect upon its final passage.
3. That By-law may be cited as the "Delegation of Powers and Duties (Tax
Extension Agreements) By-law".
READ a FIRST and SECOND TIME this 19th day of February, 2020.
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READ a THIRD TIME and FINALLY PASSED this 19th day of February, 2020.
CA„,y) -eL,A9 J DfivA Q
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Mayor Clerk
•
Schedule "A"
Delegation of Powers and Duties (Tax Extension Agreements) By-law
By-law No. 2020 - 024
II) Tax Exemption Agreements
The Municipal Act, 2001 Section 378 provides that after the registration of a tax
arrears certificate and before the expiry of one year following the date of the
registration of the tax arrears certificate, a Municipality may authorize an
extension agreement.
Section 378(1) of the Municipal Act, 2001 was amended by Bill 68, Modernizing
Ontario's Municipal Legislation Act, 2017 to no longer require the passing of a
by-law to authorize the extension agreement.
The exercise of this delegated power is subject to the provisions/requirements of
the Delegation of Powers and Duties Policy GG.3.7. This is a power that if
carried out by staff will provide a more streamlined, efficient process.
Process for Approval of Tax Exemption Agreements
1. The Tax Extension Agreement is in the standard form.
• 2. The Director of Finance/Treasurer is authorized to approve Tax Extension
Agreements.
3. The Director of Finance shall execute the agreement, on behalf of The
Corporation of the Municipality of Kincardine by affixing their signature and
the corporate seal.
III
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