FEES AND CHARGES

CONTENTS 1. Limitation re Crown 2. Capital costs 3. Planning applications 4. Elections 5. Taxes for school purposes 6. Taxes for upper-tier purposes 6.1 Storm water 7. Board of management 8. Telecommunications services and activities 9. Electricity and gas services and activities 10. Fees or charges, permits for works described in ss. 8 and 9 11. Police record checks re volunteers Limitation re Crown 1. A municipality and a local board do not have power under the Act to impose fees or charges, (a) on a class of person that is comprised solely of the Crown; or (b) on the Crown, (i) for ensuring court security under section 243 of the Community Safety and Policing Act, 2019 or otherwise, or (ii) for escorting and conveying persons in custody. O. Reg. 584/06, s. 1; O. Reg. 112/24, s. 1. Capital costs 2. (1) A municipality and a local board do not have power under the Act to impose fees or charges to obtain revenue to pay capital costs, if as a result of development charges by‑laws or front-ending agreements under the Development Charges Act, 1997 or a predecessor of that Act that was passed or entered into before the imposition of the fees or charges, payments have been, will be or could be made to the municipality or local board to pay those costs. O. Reg. 584/06, s. 2 (1). (2) For the purpose of subsection (1), “capital costs” has the same meaning as it has in the Development Charges Act, 1997; (“dépenses en immobilisations”) “payments” do not include amounts the municipality or local board has refunded or is required to refund under the Development Charges Act, 1997. (“paiements”) O. Reg. 584/06, s. 2 (2). Planning applications 3. A municipality and a local board do not have power under the Act to impose fees or charges for the processing of applications made in respect of planning matters under the Planning Act. O. Reg. 584/06, s. 3. Elections 4. (1) A municipality and a local board do not have power to impose fees or charges on another municipality or local board under the Act that relate to the conduct of an election under the Municipal Elections Act, 1996. O. Reg. 584/06, s. 4 (1). (2) Subsection (1) does not apply to the power of a municipality or local board to impose fees or charges on another municipality or local board that relate to the conduct of an election under the Municipal Elections Act, 1996 to obtain the opinion of the electors on a question the other municipality or local board requires to be submitted under subsection 8 (1) or (2) of that Act. O. Reg. 584/06, s. 4 (2). Taxes for school purposes 5. A municipality and a local board do not have power to impose fees or charges on the Crown or on a school board under the Act that relate to the collection of real property taxes for school purposes. O. Reg. 584/06, s. 5. Taxes for upper-tier purposes 6. A municipality and a local board do not have power to impose fees or charges on an upper-tier municipality under the Act that relate to the collection of real property taxes for the purposes of the upper-tier municipality. O. Reg. 584/06, s. 6. Note: On July 16, 2026, the Regulation is amended by adding the following section: (See: O. Reg. 102/26, s. 1) Storm water 6.1 (1) Subject to subsection (2), a municipality and a local board do not have power under the Act to impose fees or charges in respect of any portion of a property that is classified in the farm property class or the managed forests property class under the Assessment Act for services or activities, costs payable or the use of property with respect to the municipality or local board’s management of storm water. O. Reg. 102/26, s. 1. (2) The limitation on imposing fees or charges in subsection (1) does not apply if, on the portion of the property that is classified in the farm property class or the managed forests property class, as the case may be, storm water is discharged directly from a storm sewer on the property into a storm sewer owned or operated by or on behalf of the municipality or local board. O. Reg. 102/26, s. 1. (3) For the purposes of subsection (2), “storm sewer” means any system of pipes, drains or appurtenances used for the collection or transmission of storm water drainage but does not include a work undertaken under the Drainage Act, a ditch or a culvert. O. Reg. 102/26, s. 1. (4) If a municipality or local board receives a fee or charge in respect of a portion of a property for which there is a limitation on imposing such fee or charge under this section, the municipality or local board shall, (a) refund the portion of the fee or charge that was provided with respect to a period after the day section 1 of 102/26 comes into force; and (b) pay interest, calculated in accordance with subsections (5) and (6), on the amount required to be refunded under clause (a). O. Reg. 102/26, s. 1. (5) For the purposes of clause (4) (b), the rate of interest payable is the lowest prime rate reported to the Bank of Canada by any of the banks listed in Schedule I to the Bank Act (Canada) at the date of default. O. Reg. 102/26, s. 1. (6) Interest under clause (4) (b) begins to accrue, (a) on the day section 1 of Ontario Regulation 102/26 comes into force, if the municipality or local board receives the fee or charge described in subsection (4) before that day; or (b) 90 days after the municipality or local board receives the payment, if the municipality or local board receives the fee or charge described in subsection (4) on or after the day section 1 of 102/26 comes into force. O. Reg. 102/26, s. 1. Board of management 7. A board of management established by a municipality for an improvement area under section 204 of the Act may impose fees or charges under the Act only on the following classes of persons: 1. Owners of rateable property in the improvement area for which the board of management was established, if the property is in a prescribed business property class for the purposes of sections 204 to 214 of the Act. 2. Tenants of property described in paragraph 1. O. Reg. 584/06, s. 7. Telecommunications services and activities 8. (1) A municipality and a local board do not have power under the Act to impose a fee or charge on a person who owns or operates a telecommunications business carrying on business in Ontario for services or activities, costs payable or the use of property with respect to wires, cables, poles, conduits, equipment, machinery or other works that, (a) are or will be located on a municipal highway; and (b) are or will be used as part of the telecommunications business. O. Reg. 584/06, s. 8 (1). (2) For the purpose of subsection (1), “telecommunications” has the same meaning as in subsection 2 (1) of the Telecommunications Act (Canada). O. Reg. 584/06, s. 8 (2). Electricity and gas services and activities 9. A municipality and a local board do not have power under the Act to impose a fee or charge on a generator, transmitter, distributor or retailer, as these terms are defined in section 2 of the Electricity Act, 1998, or on a producer, gas distributor, gas transmitter or storage company, as these terms are defined in section 3 of the Ontario Energy Board Act, 1998, for services or activities, costs payable or the use of property with respect to wires, cables, poles, conduits, pipes, equipment, machinery or other works that, (a) are or will be located on a municipal highway; and (b) are or will be used as part of the business of the generator, transmitter, distributor, retailer, producer, gas distributor, gas transmitter or storage company, as the case may be. O. Reg. 584/06, s. 9. Fees or charges, permits for works described in ss. 8 and 9 10. Nothing in subsection 8 (1) or section 9 prevents the imposition of fees or charges to recover the municipality’s or local board’s reasonable costs for issuing permits with respect to the works described in those provisions, (a) to place the works on a municipal highway; and (b) to cut the pavement of or otherwise dig up a municipal highway for the works. O. Reg. 584/06, s. 10. Police record checks re volunteers 11. A municipality and a local board do not have power under the Act to impose a fee or charge in respect of any matter for which a person may not charge a fee under subsection 7 (6) of the Police Records Check Reform Act, 2015. O. Reg. 227/22, s. 1. 12. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 584/06, s. 12.