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City of Toronto Council and Committees |
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Back to 1998 By-laws index
Authority: Emergency and Protective Services Committee Report No. 3(6) April 16, 1998
Intended for first presentation to Council: April 16, 1998
Adopted by Council: April 16, 1998 CITY OF TORONTO
BY-LAW No. 133-1998
To impose fees and charges for services and activities provided or done by
the Fire Department of the City of Toronto.
WHEREAS section 220.1 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, permits a
municipality to pass by-laws imposing fees or charges on any class of persons for services or
activities provided or done by or on behalf of it, among other things, subject to the terms,
conditions and limitations set out in the section; and
WHEREAS subsection 2(1) of the City of Toronto Act, 1997, S.O. 1997, c. 2 incorporated the
City of Toronto as a body corporate on January 1, 1998; and
WHEREAS subsection 2(2) of the City of Toronto Act, 1997, makes the City of Toronto a city
and a local municipality for all purposes; and
WHEREAS subsection 2(4) of the City of Toronto Act, 1997, provides that the City of
Toronto stands in the place of the old municipalities of the former Metropolitan Toronto; and
WHEREAS subsection 2(7) of the City of Toronto Act, 1997 provides that every by-law or
resolution of an old council of an old municipality of the former Metropolitan Toronto that was
in force before January 1st, 1998 is considered to be a by-law or resolution of the Council of
the City of Toronto and remains in force in respect of the geographic area of the old
municipality to which it applied until the council of the City of Toronto repeals it or amends it
to provide otherwise; and
WHEREAS the old councils of the six old area municipalities of the former Metropolitan
Toronto imposed by by-law or resolution fees or charges for services or activities provided or
done by their respective fire departments; and
WHEREAS these by-laws are now by-laws of the Council of the City of Toronto and remain in
force;
WHEREAS the Council of the City of Toronto intends to impose fees or charges for services
or activities provided or done by its Fire Department and replace those imposed for services or
activities provided or done by the fire departments of the six old area municipalities of the
former Metropolitan Toronto;
The Council of the City of Toronto HEREBY ENACTS as follows:
1. Definitions
In this By-law, unless the context requires otherwise,
(a) City means City of Toronto;
(b) charges include any interest payable pursuant to section 7 and any costs
incurred by the City pursuant to section 10;
(c) Council means the council of the City of Toronto;
(d) fee or fee for services means any fee for services imposed under
section 2 and billed pursuant to section 3;
(e) false fire alarm means malicious false alarm and nuisance false alarm;
(f) Fire Department means the fire department of the City of Toronto
established under By-law No. 132-1998, as may be amended or replaced from
time to time, and includes its officers and members;
(g) malicious false alarm , as referred to in Schedule A , means the
negligent or intentional misuse of a fire alarm system resulting in the
activation of the system, but does not include the activation of a fire
alarm system under circumstances that would have caused a careful or
prudent person to believe that a fire related emergency was in progress at
the owner s building or in circumstances where the owner has notified the
Fire Department in advance of work being done on the fire alarm system that
could cause a false fire alarm;
(h) nuisance false alarm , as referred to in Schedule A , means the
activation of a fire alarm system through a mechanical failure, equipment
malfunction or improper maintenance or installation of the system, but does
not include the activation of a fire alarm system where the activation
occurred as a result of accidental damage to the system; and
(i) owner means a person who is shown as the assessed owner or tenant of real
property in the assessment rolls for the City in respect of which property
services and activities were provided or done by the Fire Department and
includes the registered owner or mortgagee in possession of such property
and includes a person in actual occupation of such property,
(i) under an agreement with the assessed owner for the purchase of it;
or
(ii) sold by the Director in accordance with the Veterans Land Act
(Canada);
but
(iii) in the case of a false fire alarm originating from a condominium
building, means the condominium corporation having control of the
common elements of the building; and
(iv) in the case of a vehicle, means person who is the registered owner
of the vehicle and includes person who is licensed to operate the
vehicle.
2. Fee for Services
The City shall impose the fee for services set out in Schedule A for services or
activities (including without limitation inspections) provided or done by the Fire Department.
3. Payment of Fee
(1) The owner of any property or vehicle to which services set out in
Schedule A were provided or done by the Fire Department, regardless of whether requested by the
owner or an agent of the owner or not, shall pay the fee imposed for such services under section
2 and billed to the owner by the City.
(2) Where there is more than one owner, their liability for payment shall be
joint and several.
4. Service of Invoice
An invoice for services billed pursuant to subsection 3(1) may be served by
personal service on the owner or by regular letter mail, in which event service shall be deemed
to have been made on the third day after the day of mailing, or by electronic transmission or
telephone transmission of a facsimile, in which event service shall be deemed to have been made
on the first day after the day of transmission, or by some other method that allows proof of
receipt.
5. Invoice for Services
Any invoice for services billed pursuant to subsection 3(1) shall describe the
service provided or done by the Fire Department, when and where the service was provided or done,
the reason for the service, the fee for the service, the terms of payment of the fee prescribed
in this By-law, and the consequences of failing to pay the fee for the service as provided for in
this By-law.
6. When and How Fee to be Paid
The fee for services shall be payable to the City, by cash, money order, cheque or
credit card, no later than thirty days from the date of the invoice for the services.
7. Interest
Where the fee for services remains unpaid, in whole or in part, for a period in
excess of thirty days from the date of the invoice for the services, the owner shall pay, in
addition to the outstanding balance of the fee, interest on the outstanding balance, such
interest to be calculated at a rate equal to the prime lending rate charged to the City by its
banker from time to time plus one percent (1%) per annum.
8. Debt of Owner
The fee for services, plus any interest that may have accrued on the outstanding
balance under section 7, shall constitute a debt of the owner to the City.
9. Collection of Debt
The City may take such action as it considers necessary and as is permitted by law
to collect the debt constituted under section 7.
10. Collection Costs
The owner shall be liable to pay to the City any costs incurred by the City in
collecting the debt constituted under section 7; and such costs shall also constitute a debt of
the owner to the City; and section 9 shall apply to the recovery of such costs, with necessary
modifications.
11. Addition to Tax Roll
(1) Without restricting the generality of sections 9 and 10, where the fee for
services or charges or all or any of them remains unpaid, in whole or in part, for a period in
excess of ninety days, such fee or charges or all or any of them shall be added to the tax roll
for any real property within the territorial limits of the City owned, in whole or in part, by
the owner and shall be collected in a like manner as municipal taxes.
(2) Subsection (1) does not apply to a fee or charge for false fire alarms
originating from a condominium building, which fee or charge may be recovered by action.
12. Joint and Several Liability
All of the owners of the real property to whose tax roll the fee for service or
charges or any or all of them were added pursuant to section 11 shall be liable jointly and
severally for paying such fee and charges, and such fee and charges shall be collected in a like
manner as municipal taxes.
13. False Fire Alarm Reimbursement
(1) Subject to subsection 13(3), where an owner of a building has paid a fee
for services set out in Schedule A for services or activities provided or done by the Fire
Department in respect of a false fire alarm at the owner s building and the owner has since the
false fire alarm installed in the building a proper security system or taken other measures to
reduce the likelihood of the occurrence of a false fire alarm at the building in the future, the
owner may apply to the City to be reimbursed for the fee so paid.
(2) An application for reimbursement under subsection 13(1) shall include proof
of the installation of a proper security system or of the other measures taken to reduce the
likelihood of the occurrence of a false fire alarm at the building in the future, or both.
(3) Where the Fire Chief, in his sole judgment, is satisfied that the owner has
installed a proper security system or taken such other measures that the Fire Chief considers
sufficient to reduce the likelihood of the occurrence of a false fire alarm at the owner s
building in the future, the City, on the recommendation of the Fire Chief, may reimburse the
owner up to a maximum of ninety percent (90%) of the fee paid by the owner for the false fire
alarm at the building in respect of which the services of the Fire Department were provided.
(4) The reimbursement under subsection 13(3) shall not include reimbursement of
any charges levied against the owner under this By-law in respect of an overdue fee or the
collection of such fee by the City.
14. Number and Gender
Unless the contrary intention appears, words importing the masculine gender
include the feminine or neuter gender and words in the singular include the plural, and vice
versa.
15. Severability
If any section or part of this By-law or any item in a schedule to this By-law is
found to be illegal or beyond the power of the City's council to enact, such section or part or
item shall be deemed to be severable and all other sections or parts or items of this By-law
shall be deemed to be separate and independent therefrom and to be enacted as such.
16. Repeal
(1) Schedule H of Chapter 91 of the Etobicoke Municipal Code with respect to
Administrative Fees, being By-law Nos. 1991-7-78 and 1994-55 of The Corporation of the City of
Etobicoke, By-laws Nos. 32771 and 32773 of The Corporation of the City of North York, By-laws
Nos. 24794 and 24971 of The Corporation of the City of Scarborough, Paragraph 178-14 of the
Toronto Municipal Code, being By-law No. 1996-0091 of The Corporation of the City of Toronto, By-
laws Nos. 3250-96 and 3439-97 of The Corporation of the City of York, and any amendments thereto,
all of which were passed by the councils of the old area municipalities of the former
Metropolitan Toronto and all of which were in force immediately before the coming into force of
the City of Toronto Act, 1997 and, by virtue of section 2(7) of the Act, are deemed to be by-laws
of the Council and remain in force in respect of the part of the urban area to which they applied
immediately before the coming into force of the Act, are repealed, but only to the extent to
which any such by-law deals with the imposition of fees or charges for services or activities
provided by the fire department of the old area municipality.
(2) Any other by-law (or part of it) and any resolution of any of the six old
area municipalities of the former Metropolitan Toronto relating to the imposition of fees or
charges for services or activities provided by the fire department of the old area municipality
(and any amendments thereto) and not expressly mentioned in subsection (1) are also repealed, but
only to the extent to which the by-law or resolution deals with the imposition of such fees or
charges.
ENACTED AND PASSED this 16th day of April, A.D. 1998.
CASE OOTES, NOVINA WONG,
Deputy Mayor City Clerk
(Corporate Seal)
SCHEDULE A TO BY-LAW No. 133-1998
Fee Schedule - All Fees include G.S.T. where required.
SERVICES/INSPECTIONS FEE
1. Day Care/Group Homes $100.00
2. Provincial Licencing - L.L.B.O. 160.00
3. Provincial Licencing - Teletheatre 160.00
4. Industrial/Mercantile/Service <1000m2 120.00
5. As above - each additional 1000m2 35.00
6. Multiple Unit Occupancy - Bldg. In Gen. 120.00
7. Multiple Unit Occupancy - Per Unit 75.00
8. Office Building - 1st storey 120.00
9. Office Building - each storey above or below 1st storey 30.00
10. Office Building - Per Office Unit 75.00
11. Residential Building - 1st storey 120.00
12. Residential Building - each storey above or below 1st storey 30.00
13. Residential Building - Per Subsidiary Unit 75.00
14. Two unit residential occupancy 150.00
15. Residential Retrofit - 1st storey 500.00
16. Residential Retrofit - each storey above or below 1st storey 50.00
17. Residential Retrofit - Per Subsidiary Unit 75.00
18. Fire Route processing and approval - if not on Building Permit 200.00
19. Letter related to Fire Prevention issues 70.00
20. Copies of Fire Report or Information from files 60.00
21. Copies of Fire Inspection Reports from file 60.00
22. Additional units in same building - Per Unit 10.00
23. Fill in the blank Fire Safety Plans 25.00
24. Fireworks display permit 200.00
25. Special request services/person hour - min. of 4 hours 45.00
26. Third and subsequent malicious false alarms, for same address, 300.00
per year, per fire vehicle dispatched
27. Third and subsequent nuisance false alarms, for same address,
per 2 month period, per fire vehicle dispatched 300.00
SERVICES/INSPECTIONS FEE
28. Emergency Response to vehicle incident - non City resident
First hour or part thereof, per fire vehicle 300.00
29. Emergency Response to vehicle incident - non City Resident
Each additional half hour or part thereof, per fire vehicle 120.00
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