Local governments may impose fees and charges for the provision of services, use of property, exercise of regulatory authority, or for obtaining copies of local government records.
Fees and charges are established by bylaw and are primarily used for recovering:
There are certain services for which a local government may not impose a fee or charge. For example, a local government may not impose a highway toll unless specifically provided by a provincial or federal enactment.
Local governments have broad authority when establishing a fee structure, including:
A fee amount must not be excessive. Instead, the amount of a fee should be sufficient to recover costs of a service and ensure its future sustainability. Fees are generally applied on a user-pay basis,so only those who benefit from the service bear the fee.
To ensure transparency, local governments must make available to the public, on request, a report showing how a fee was determined.
When a local government imposes fees for works or services provided to land or improvements, such as sewer, water or garbage fees, and the fees go unpaid, they form a lien on the land and its improvements. These fees may then be collected in the same manner and with the same remedies as unpaid property taxes. Namely, if the fee is due and unpaid by December 31 in the year it was levied, the fee is deemed to be taxes in arrears.
In some cases, fees and charges are restricted by legislation. One such charge is interest. The rate and method of interest calculation for money owing to a local government is typically set by the B.C. government through legislation or regulation. Provincially set interest calculations include:
A local government can only establish the method for calculating interest if the B.C. government has not done so.
Contact us if you have questions about local government fees and charges.