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Mooretown ON
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By-Law 6 of 2021

By-Law 6 of 2021

THE CORPORATION OF THE TOWNSHIP OF ST. CLAIR
BY-LAW NUMBER 6 OF 2021

A By-law to establish development charges for the Corporation of the Township of St. Clair

WHEREAS Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27 (hereinafter called the Act) enables the Council of a municipality to pass by- laws for the imposition of development charges against land located in the municipality where the development of land would increase the need for municipal services as designated in the by-law and the development requires one or more of the actions set out in Subsection 2(2) of the Act;
AND WHEREAS the Township of St. Clair will experience growth through development and re-development;
AND WHEREAS the Council desires to ensure that the capital cost of meeting growth-related demands for or burden on municipal services does not place an excessive financial burden on the Township or its existing taxpayers while at the same time ensuring that the new taxpayers contribute no more than the net capital cost attributable to providing the current level of municipal services;
AND WHEREAS the Council has given Notice in accordance with Section 12 of the Development Charges Act, 1997 of its development charges proposal and held a public meeting on January 18, 2021;
AND WHEREAS the Council has heard all persons who applied to be heard in objection to, or in support of, the development charges proposal at sue:h public meeting and provided a subsequent period for written communications to be made;
AND WHEREAS by passing this by-law the Township of St. Clair has determined that no additional public meeting is required;
AND WHEREAS a copy of the Study was made available on December 17, 2020 and copy of the proposed Development Charges by-law was also made available on January 4, 2021 to the public in accordance with Section 12 of the Act;

AND WHEREAS the Council of the Township of St. Clair, had before it a report entitled Development Charges Background Study dated December 17, 2020 prepared by Hemson Consulting Ltd., wherein it is indicated that the development of any land within the Township of St. Clair will increase the need for services as defined herein;
AND WHEREAS by passing this by-law Council intends to ensure that the increase in the need for services attributable to the anticipated development will be met;

AND WHEREAS Council by passing this by-law intends that the future excess capacity identified in the Development Charges Background Study, dated December 17, 2020, shall be paid for by development charges or other similar charges;
AND WHEREAS Council of the Township of St. Clair on February 15, 2021 determined that the increase in the need for services attributable to the anticipated development as contemplated in the Study, including any capital costs, will be met by

updating the capital budget and forecast for the Township of St. Clair, where appropriate;
AND WHEREAS the Council of the Township of St. Clair has given consideration of the use of more than one Development Charge By-law to reflect different needs for services in different areas, also known as “area rating” or “area specific development charges”, and has determined that for the services, and associated infrastructure proposed to be funded by development charges under this by-law, that it is fair and reasonable that the charges be calculated on a municipal-wide and area-specific basis;
AND WHEREAS the Study dated December 17, 2020 includes an Asset Management Plan that deals with all assets whose capital costs are intended to be funded under the Development Charge By-law and that such assets are considered to be financially sustainable over their full life-cycle.
AND WHEREAS the Council of the Township of St. Clair adopted the applicable Development Charges Background Study, December 17, 2020;
AND WHEREAS the Council, in adopting the Township of St. Clair Development Charges Background Report on December 17, 2020, directed that development charges be imposed on land under development or redevelopment within the geographical limits of the municipality as hereinafter provided;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF ST. CLAIR ENACTS AS FOLLOWS:

DEFINITIONS

1. In this By-law,

(1) “Act” means the Development Charges Act, S.O. 1997, c. 27;

(2) “Accessory dwelling unit” means a dwelling which is part of and accessory to a permitted non-residential building;

(3) “Apartment unit” means any residential dwelling unit within a building containing three or more dwelling units where access to each residential unit is obtained through a common entrance or entrances from the street level and the residential units are connected by an interior corridor;

(4) “Board of Education” means a board defined in s.s. 1(1) of the Education Act,

(5) “Bona fide farm operations” means bona fide farm operations only and does not include other residential and non-residential uses accessory to farm operations;

(6) “Building Code Act” means the Building Code Act, R.S.O. 1992, c.23, as amended;

(7) “Capital cost” means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or by others on behalf of, and as authorized by, the municipality or local board,

(a) to acquire land or an interest in land, including a leasehold interest;

(b) to improve land;

(c) to acquire, lease, construct or improve buildings and structures;

(d) to acquire, lease, construct or improve facilities including,

(i) rolling stock with an estimated useful life of seven years or more,

(ii) furniture and equipment, other than computer equipment, and

(iii) materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 1990, c.P.-44; and

(e) to undertake studies in connection with any of the matters referred to in clauses (a) to (d);

(f) to complete the development charge background study under Section 10 of the Act;

(g) interest on money borrowed to pay for costs in (a) to (d);

required for provision of services designated in this By-law within or outside the municipality;

(8) “Council” means the Council of The Corporation of the Township of St. Clair;

(9) “Development” means any activity or proposed activity in respect o.f land that requires one or more of the actions referred to in Section 7 of this By-law and including the redevelopment of land or the redevelopment, expansion, extension or alteration of a use, building or structure except interior alterations to an existing building or structure which do not change or intensify the use of land;

(10) “Development charge” means a charge imposed pursuant to this By-law;

(11) “Dwelling” shall mean a building or part thereof used or intended, adapted or designed to be used, occupied or capable of being occupied exclusively as a home, residence or sleeping place for one or more persons having a right to exclusive use thereof, but shall not include any travel trailer, hotel, motel, private garage, a home for the aged, nursing home, hospital, or living quarters for a caretaker, watchman, or other person or persons using such living quarters which are Accessory to a non-residential use;

(12) “Dwelling unit” means a room or suite of rooms used, or designed or intended for use by, one person or persons living together, in which culinary and sanitary facilities are provided for the exclusive use of such person or persons;

(13) “Finished grade” means the median elevation between the highest and lowest point of the finished surface of the ground measured around the perimeter of the base of a building or structure exclusive of any embankment in lieu of steps;

(14) “Gross floor area” means the total floor area, measured between the outside of exterior walls or between the outside of exterior walls and the centre line of party walls dividing the building from another building, of all floors above the average level of finished ground adjoining the building at its exterior walls;

(15) “Local board” means a public utility commission, public library board, local board of health, or any other board, commission, committee or body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of the municipality or any part or parts thereof;

(16) “Local services” means those services or facilities which are under the jurisdiction of the municipality and are related to a plan of subdivision or within the area to which the plan relates, required as a condition of approval under s.51 of the Planning Act, or as a condition of approval under s.53 of the Planning Act;

(17) “Multiple dwelling” means all dwellings other than single detached dwellings, semi-detached dwellings, and apartment dwellings;

(18) “Municipality” means The Corporation of the Township of St. Clair;

(19) “Non-residential uses” means a building or structure used for other than a residential use;

(20) “Owner” means the owner of land or a person who has made application for an approval for the development of land upon which a development charge is imposed;

(21) “Planning Act” means the Planning Act, R.S.O. 1990, c.P. 13, as amended;

(22) “Regulation” means any regulation made pursuant to the Act;

(23) “Residential uses” means lands, buildings or structures or portions thereof used, or designed or intended for use as a home or residence of one or more individuals, and shall include a single detached dwelling, a semi-detached dwelling, a multiple dweHing, an apartment dwelling, and the residential portion of a mixed-use building or structure;

(24) “Semi-detached dwelling” means a building divided vertically into two dwelling units each of which has a separate entrance and access to grade;

(25) “Single detached dwelling unit” means a residential building consisting of one dwelling unit and not attached to another structure and includes a mobile home;

(26) “Services” means services set out in Schedule “A” to this By-law, as applicable;

CALCULATION OF DEVELOPMENT CHARGES

2. (1) Subject to the provisions of this By-law, development charges against land shall be imposed, calculated and collected in accordance with the base rates set out in Schedule “8”, which relate to the services set out in Schedule “A”;

(2) The development charge with respect to the residential building or the residential portion of a mixed-use building or structure in the municipality shall be calculated as the sum of the product of the number of dwelling units of each type multiplied by the corresponding total amount for such dwelling unit type, as set out in Schedule “B”.

(3) The development charge with respect to the non-residential building or the non-residential portion of a mixed-use building or structure in the municipality shall be calculated as the sum of the product of the gross floor area of each building multiplied by the corresponding total charge per square metre of gross floor area, as set out in Schedule “B”.

PHASE-IN OF DEVELOPMENT CHARGES

3. The development charges imposed pursuant to this By-law are not being phased-in and are payable in full, subject to the exemptions herein, from the effective date of this By-law.

APPLICABLE LANDS

4. (1) Subject to Sections 5 and 6, this By-law applies to all lands in the municipality, whether or not the land or use is exempt from taxation under Section 3 of the Assessment Act, R.S.O. 1990, c.A. 31.

(2) This By-law shall not apply to land that is owned by and used for the purposes of:

(a) a board of education;

(b) any municipality or local board thereof; and

(c) bona fide farm operations.

RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF EXISTING HOUSING

5. (1) Notwithstanding Section 4 above, no development charge shall be imposed with respect to developments or portions of developments as follows:

(a) the enlargement of an existing residential dwelling unit;

(b) the creation of one or two additional residential dwelling units in an existing single detached dwelling where the total gross floor area of each additional unit .d oes not exceed the gross floor area of the existing dwelling unit;

(c) the creation of one additional dwelling unit in any other existing residential building provided the gross floor area of the additional unit does not exceed the smallest existing dwelling unit already in the building.

(2) Notwithstanding subsection 5(1)(b), development charges shall be calculated and collected in accordance with Schedule “B” as applicable, where the total residential gross floor area of the additional one or two dwelling units is greater than the total gross floor area of the existing single detached dwelling unit.

(3) Notwithstanding subsection 5(1)(c), development charges shall be calculated and collected in accordance with Schedule “B” as applicable, where the additional dwelling unit has a residential gross floor area greater than,

(a) in the case of semi-detached house or multiple dwelling, the gross floor area of the existing dwelling unit, and
(b) in the case of any other residential building, the residential gross floor area of the smallest existing dwelling unit.

RULES WITH RESPECT TO AN “INDUSTRIAL” EXPANSION EXEMPTION

6. (1) This By-law does not apply to the enlargement of the gross floor area of an existing industrial building, if the gross floor area is enlarged by 50 percent or less.

(a) For the purpose of applying this exemption, the term “existing industrial building” shall have the same meaning as “existing industrial building” defined in O.Reg. 82/98 made under the Act;

(b) In particular, for the purposes of applying this exemption, the industrial building is considered existing if it is built, occupied and assessed for property taxation at the time of passage of this By-law;

(c) The exemption applies where there is a bona fide increase in the size of the existing industrial building and the enlarged area is attached to the existing industrial building, and is used for or in connection with an industrial purpose as set out in subsection 1{1) of 0. Reg. 82/98 made under the Act. Without limiting the generality of the foregoing, this exemption shall not apply where the enlargement is attached to the existing industrial building by means only of a tunnel, bridge, canopy, corridor or other passageway, or through a shared below-grade connection such as a service tunnel, foundation, footing or a parking facility;

(2) Notwithstanding subsection 6(1), if the gross floor area of an existing industrial building is enlarged by more than 50 percent, development charges

shall be calculated and collected in accordance with Schedule “B” on the amount by which the enlargement exceeds 50 percent of the gross floor area before the enlargement.

DEVELOPMENTCHARGESIMPOSED

7. (1) Subject to subsection (2), development charges shall be calculated and collected in accordance with the provisions of this By-law and be imposed on land to be developed for residential use, where, the development requires,

(a) the passing of a zoning by-law or an amendment thereto under Section 34 of the Planning Act,

(b) the approval of a minor variance under Section 45 of the
Planning Act,

(c) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies;

(d) the approval of a plan of subdivision under Section 51 of the
Planning Act,

(e) a consent under Section 53 of the Planning Act,

(f) the approval of a description under Section 50 of the
Condominium Act, R.S.O. 1990, c.C.-26; or

(g) the issuing of a permit under the Building Code Act, in relation to a building or structure.

(2) Subsection (1) shall not apply in respect to

(a) local services installed or paid for by the owner within a plan of subdivision or within the area to which the plan relates, as a condition of approval under Section 51 of the Planning Act,

(b) local services installed or paid for by the owner as a condition of approval under Section 53 of the Planning Act.

LOCAL SERVICE INSTALLATION

8. Nothing in this By-law prevents Council from requiring, as a condition of an agreement under Section 51 or 53 of the Planning Act, that the owner, at his or her own expense, shall install or pay for such local services, within the Plan of Subdivision or within the area to which the plan relates, as Council may require.

MULTIPLE CHARGES

9. (1) Where two or more of the actions described in subsection 7(1) are required before land to which a development charge applies can be

developed, only one development charge shall be calculated and collected in accordance with the provisions of this By-law.

(2) Notwithstanding subsection (1), if two or more of the actions described in subsection 7(1) occur at different times, and if the subsequent action has the effect of increasing the need for municipal services as set out in Schedule “A” or Schedule “B”, as applicable, an additional development charge shall be calculated and collected in accordance with the provisions of this By-law.

SERVICES IN LIEU

10. (1) Council may authorize an owner, through an agreement under Section 38 of the Act, to substitute such part of the development charge applicable to the owner’s development as may be specified in the agreement, by the provision at the sole expense of the owner, of services in lieu. Such agreement shall further specify that where the owner provides services in lieu in accordance with the agreement, Council shall give to the owner a credit against the development charge in accordance with the agreement provisions and the provisions of Section 39 of the Act, equal to the reasonable cost to the owner of providing the services in lieu. In no case shall the agreement provide for a credit which exceeds the total development charge payable by an owner to the municipality in respect of the development to which the agreement relates.

(2) In any agreement under subsection (1), Council may also give a further credit to the owner equal to the reasonable cost of providing services in addition to, or of a greater size or capacity, than would be required under this By-law.

(3) The credit provided for in subsection (2) shall not be charged to any development charge reserve fund.

RULES WITH RESPECT TO RE-DEVELOPMENT

11. In the case of the demolition of all or part of a residential building or structure:

(1} a credit shall be allowed, provided that the land was improved by occupied structures within the five years prior to the issuance of the building permit, and the building permit has been issued for the development or redevelopment within five years from the date the demolition permit has been issued;

(2) if a development or redevelopment involves the demolition of and replacement of a building or structure, a credit shall be allowed equivalent to the number of dwelling units demolished multiplied by the applicable residential development charge in place at the time the development charge is payable; and

(4) if a development or redevelopment involves the demolition of and replacement of a non-residential structure, a credit shall be allowed equivalent to the gross floor area demolished multiplied by the applicable

non-residential development charge in place at the time the development charge is payable.

12. A credit can, in no case, exceed the amount of the development charge that would otherwise be payable, and no credit is available if the existing land use is exempt under this By-law.
TIMING OF CALCULATION AND PAYMENT

13. (1) Development charges shall be calculated and payable in accordance with Section 26, Section 26.1, and section 26.2 of the Act.

(2) Where development charges apply to land in relation to which a building permit is required, the building permit shall not be issued until the development charge has been paid in full.

(3) Notwithstanding subsection (1), development charges with respect to development requiring approval of a Plan of Subdivision under Section 51 or the Planning Act or a consent under Section 53 of the Planning Act and for which a subdivision agreement or consent agreement is entered into shall be payable immediately upon the parties entering into the agreement.

(4) Any amount of a development charge which remains unpaid after the date specified above shall be added to the tax roll and collected as unpaid taxes.

INTEREST PAYMENTS

14. (1) The Township may charge interested on the installments required by Section 26.1(3) of 9 the Act from the date the development charge would have been payable in accordance with Section 26 of the Act to the date the installment is paid.

(2) Where Section 26.2 (1) (a) or (b) of the Act applies, the Township may charge interest on the development charge from the date of the application referred to in the applicable clause to the date the development charge is payable under Section 26.2 (3) of the Act.

(3) The Township may determine, by Council resolution or policy external to this by-law, interest rates in relation to subsections (1) and (2).

RESERVE FUNDS

15. (1) Monies received from payment of development charges under this By- law shall be maintained in separate reserve funds as per the services set out in Schedule “A”.
(2) Monies received for the payment of development charges shall be used only in accordance with the provisions of Section 35 of the Act.

(3) Council directs the Treasurer of the Township to divide the reserve funds created hereunto into separate subaccounts in accordance with the service sub-categories set out in Schedule “A” to which the development charge

IO
payments shall be credited in accordance with the amounts shown, plus interest earned thereon.

(4) The Treasurer of the Township shall, in each year commencing in 2022 for the 2021 year, furnish to Council a statement in respect of the reserve funds established hereunder for the prior year, containing the information set out in Section 12 of O.Reg. 82/98.

BY-LAW AMENDMENT OR APPEAL

16. (1) Where this By-law or any development charge prescribed thereunder is amended or repealed either by order of the Local Planning Appeal Tribunal or by resolution of the Municipal Council, the Treasurer shall calculate forthwith the amount of any overpayment to be refunded as a result of said amendment or repeal.

(2) Refunds that are required to be paid under subsection (1) shall be paid with interest to be calculated as follows:

(a) Interest shall be calculated from the date on which the overpayment was collected to the date on which the refund is paid;

(b) The Bank of Canada interest rate in effect on the date of enactment of this By-law shall be used.

(3) Refunds that are required to be paid under subsection (1) shall include the interest owed under this Section.

FRONT ENDING AGREEMENTS

17. Council may, from time to time and at any time, enter into a Front Ending Agreement as authorized by Section 44 of the Act.

(1) “benefitting area” means an area defined by a map, plan or legal description in a front-ending agreement as an area that will receive a benefit from the construction of a service.

AGREEMENTS REGARDING PAYMENT OF DEVELOPMENT CHARGES

18. (1} Nothing in this By-law prevents Council from entering into an agreement
with an Owner pursuant to section 27 of the Act providing for the payment of a Development Charge before the date otherwise required for payment hereunder.

(2) Where an Owner has entered into an agreement under this Section, the Owner shall only be required to pay the Development Charge in effect on the date it is payable under the agreement.

COMPLAINTS ABOUT DEVELOPMENT CHARGES

19. (1) An owner may complain in writing to the Council in respect of the

I I
development charge imposed by the municipality that,

(a) the amount of the development charge was incorrectly determined;

(b) whether a credit is available to be used against the development charge, or the amount of the credit or the service with respect to which the credit was given, was incorrectly determined;

(c) there was an error in the application of this By-law.

When complaint to be made

(2) A complaint may not be made under Section 26 later than ninety (90) days after the day the development charge, or any part of it, is payable.

Particulars of Complaint

(3) The complaint must be in writing, must state the complainant’s name, the address where notices can be given to the complainant and the reasons for the complaint.

Hearing

(4) The Council shall hold a hearing into the complaint and shall give the complainant an opportunity to make representations at the hearing.

Notice of Hearing

(5) The Clerk of the municipality shall mail a notice of the hearing to the complainant at least fourteen (14) days before the hearing.

Determination by Council

(6) After hearing the evidence and submissions of the complainant, the Council shall as soon as practicable make a recommendation on the merits of the complaint and Council may,

(a) dismiss the complaint; or

(b) rectify any incorrect determination or error that was the subject of the complaint.

Notice of Decision

(7) The Clerk of the municipality shall mail to the complainant a notice of the Council’s decision, and of the last day for appealing the decision, which shall be the day that is forty (40) days after the day the decision is made. The notice required under this Section must be mailed not later than twenty (20) days after the day the council’s decision is made.

BY-LAW INDEXING

20. The development charges referred to in Schedule “B” of this By-law shall be adjusted annually, without amendment to this by-law, commencing January 1, 2022, and annually thereafter while this by-law is in force, in accordance with the most recent twelve month change in the Statistics Canada Quarterly, Construction Price Statistics, catalogue 62-007.

EARLY PAYMENT AGREEMENTS UNDER THE OLD DEVELOPMENT CHARGES BY-LAW

21. Early payment agreements entered into under Development Charges By-law 14 of 2000 and By-law 213 of 1992 as amended by By-law 111 of 1996, and the Old Act_shall be subject to Section 67 of the Act.

SEVERABILITY

22. In the event any provision, or part thereof, of this By-law is found by a court of competent jurisdiction to be ultra vires, such provision, or part thereof, shall be deemed to be severed, and the remaining portion of such provision and all other provisions of this By-law shall remain in full force and effect.

HEADINGS FOR REFERENCE ONLY

23. The headings inserted in this By-law are for convenience of reference only and shall not affect the construction of interpretation of this By-law.

BY-LAW REGISTRATION

24. A certified copy of this By-law may be registered on title to any land to which this By-law applies.

BY-LAW ADMINISTRATION

25. This By-law shall be administered by the Municipal Council.

SCHEDULES TO THE BY-LAW

26. The following Schedules form an integral part of this By-law:

Schedule “A” – Schedule “B” – Schedule “C” –

Schedule of Municipal Services Schedule of Development Charges Schedule of Sewer Service Areas

DATE BY-LAW EFFECTIVE

27. This By-law shall come into force and effect on the day following the day of its approval by Council.

SHORT TITLE

28. This By-law may be cited as the ‘.’St. Clair Township Development Charge By-law
6-2021.

TERM OF BY-LAW

29. This By-law shall continue in force and effect for a term not to exceed five (5) years from the date of its coming into force, unless it is repealed at an earlier date by subsequent by-law.

Read and passed by the Council this 16th day of February, 2021.

Mayor Steve Amol}w

BY-LAW 6-2021

SCHEDULE “A”
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW

The designated services listed below include in each case eligible services as set forth in Section 2(4) of the Development Charges Act, 1997.

1. Library Service

2. Fire Department

3. Police Service

4. Indoor Recreation

5. Park Development & Facilities

6. Public Works

7. General Government

8. Roads and Related

9. Storm Drainage

10. Water

11. Sewer Services*

* Note: Sewer Services charge only applies to areas described in Schedule C.

SCHEDULE “B1”
SCHEDULE OF RESIDENTIAL DEVELOPMENT CHARGES

Service Calculated Residential Charge

Single &
Semi-Detached
Multiples
Apartments
Library Service Fire Department Police Service Indoor Recreation
Park De-..elopment & Facilities Public Works
General Government $0

$441

$192

$0

$1,007

$332

$74 $0

$425

$185

$0

$970

$320

$71 $0

$220

$96

$0

$501

$165

$37
Subtotal General Services $2,046 $1,971 $1,019
Roads & Related Storm Drainage
Water $1,836

$0

$643 $1,769

$0

$619 $914

$0

$320
Subtotal Township Wide $4,525 $4,359 $2,253
Sewer Services $2,058 $1,983 $1,024
TOTAL CHARGE WITH SEWER $6,583 $6,342 $3,277
* Note: Sewer Seivices charge only applies to areas described in Schedule C

SCHEDULE “82”
SCHEDULE OF NON-RESIDENTIAL DEVELOPMENT CHARGES

Service
Non-Residential Charge per Square Metre
Library SeNce Fire Department Police SeNce Indoor Recreation
Park De\elopment & Facilities Public Works
General Go\emment $0.00
$0.68
$0.40
$0.00
$0.00
$0.70
$0.20
Subtotal General Services $1.98
Roads & Related Storm Drainage
Water $2.87
$0.00
$1.03
Subtotal Township Wide $5.88
Sewer SenAces $3.12
TOT AL CHARGE WITH SEWER $9.00

“‘ Note: Sewer Services charge only applies to areas described in Schedule C

SCHEDULE “C”
SCHEDULE OF SEWER SERVICE AREA

SEE PDF

S e e M a p “C” S e e M a p “C”

Alderbury Cres.

S e e M a p “B”

S e e M a p “D”

BY-LAW 2011-7 SCHEDULE “C”

BY-LAW 2011-7 SCHEDULE “C”

S e e M a p “B”

Moore Line

S e e M a p “E”

BY-LAW 2011-7 SCHEDULE “C”

S e e M a p “D”

S e e M a p “F”

BY-LAW 2011-7 SCHEDULE “C”

S e e M a p “E”

BY-LAW 2011-7 SCHEDULE “C”

BY-LAW 2011-7 SCHEDULE “C”

BY-LAW 2011-7 SCHEDULE “C”

Chiefs Rd

Sydenham Ave

BY-LAW 2011-7 SCHEDULE “C”

BY-LAW 2011-7 SCHEDULE “C”