O. Reg. 303/95: GENERAL"

O. Reg. 303/95: GENERAL, Ontario Unconditional Grants Act

Ontario Unconditional Grants Act
Loi sur les subventions aux municipalités de l’Ontario

ONTARIO REGULATION 303/95

No Amendments

GENERAL

Note: This Regulation became spent some time before January 1, 2004.

This Regulation is made in English only.

1. (1) In this Regulation,

“1994 grants entitlement” means the total of the grants payable to a municipality for 1994 under sections 2, 3, 4, 6, 10, 11, 13, 14 and 15 of the Act;

“1994 resource equalization grant” means, in respect of a lower or upper tier municipality, the resource equalization grant entitlement in 1994 under section 10 of the Act;

“business local assessment” means the total of,

(a) own purpose business local assessment shown under the subheading “general” in line 30 of Column 3 of Schedule 13, and

(b) own purpose business local assessment shown under the subheading “police villages at reduced rates” in line 31 of Column 3 of Schedule 13;

“commercial local assessment” means the total of,

(a) own purpose commercial and industrial local assessment shown under the subheading “general” in line 30 of Column 2 of Schedule 13, and

(b) own purpose commercial and industrial local assessment shown under the subheading “police villages at reduced rates” in line 31 of Column 2 of Schedule 13;

“discounted residential local assessment” means the product, correct to the nearest dollar, obtained by multiplying 0.55 by the total of,

(a) residential and farm local taxable assessment shown under the subheading “general” in line 30 of Column 1 of Schedule 13,

(b) residential and farm local taxable assessment shown under the subheading “police villages at reduced rates” in line 31 of Column 1 of Schedule 13, and

(c) residential and farm local taxable assessment shown under the subheading “farms at reduced rates” in line 32 of Column 1 of Schedule 13;

“equalization factor” means the equalization factor for a municipality determined under section 51 of the Assessment Act;

“grants entitlement” means the total of the grants payable to a municipality for 1995 under sections 2, 3, 4, 6, 10, 13, 14 and 15 of the Act;

“lower tier commercial mill rate” means, in respect of a lower tier municipality, the amount obtained by dividing own commercial taxes by the sum of commercial local assessment and business local assessment and multiplying the quotient by 1,000, correct to two decimal places;

“lower tier equivalent local assessment” means,

(a) in respect of lower tier municipalities in The Regional Municipality of Sudbury, The Regional Municipality of Haldimand-Norfolk, The Regional Municipality of Waterloo, The Regional Municipality of Ottawa-Carleton, the County of Huron, the County of Prince Edward, the County of Kent, the County of Brant, the County of Dufferin, the County of Renfrew, the County of Lambton, the County of Bruce, the County of Elgin, the United Counties of Leeds and Grenville, the County of Perth and the County of Lanark, the amount obtained by dividing the sum of lower tier telephone and telegraph taxation and lower tier payments in lieu by the lower tier commercial mill rate and multiplying the quotient by 1,000, correct to the nearest dollar,

(b) in respect of all other lower tier municipalities, the amount obtained by dividing the sum of lower tier telephone and telegraph taxation, upper tier telephone and telegraph taxation, lower tier payments in lieu and upper tier payments in lieu by the sum of the lower tier commercial mill rate and the upper tier commercial mill rate and multiplying the quotient by 1,000, correct to the nearest dollar;

“lower tier payments in lieu” means payments in lieu of taxes for own purposes shown in line 18 of Column 4 of Schedule 13;

“lower tier telephone and telegraph taxation” means the lower tier share of the telephone and telegraph taxation shown in line 2 of Column 12 of Schedule 13;

“lower tier total discounted local assessment” means the total of,

(a) discounted residential local assessment,

(b) commercial local assessment,

(d) lower tier equivalent local assessment;

“lower tier total equalized discounted assessment” means, in respect of a lower tier municipality, the amount obtained by dividing the lower tier total discounted local assessment by the equalization factor and multiplying the quotient by 100, correct to the nearest dollar;

“own commercial taxes” means the total of,

(a) own purpose commercial and industrial taxes shown in line 1 of Column 7 of Schedule 13, and

(b) own purpose business taxes shown in line 1 of Column 8 of Schedule 13;

“own sewer revenue” means, for a lower tier municipality, revenues from sewer surcharges on direct water billings in the lower tier municipality, as shown in line 4 of Column 4 of Schedule 13, and includes amounts billed to the ratepayers of the lower tier municipality by another lower tier municipality or by an upper tier municipality in which the lower tier municipality is not located, as shown in lines 45 to 48 and line 65 of Columns 2 and 3 of Schedule 12 for the municipality providing water to the lower tier municipality;

“own water revenue” means, for a lower tier municipality, revenues from direct water billings in the lower tier municipality as shown in line 2 of Column 4 of Schedule 13, and includes amounts billed to the ratepayers of the lower tier municipality by another lower tier municipality or by an upper tier municipality in which the lower tier municipality is not located, as shown in lines 40 to 43 and lines 64 of Columns 2 and 3 of Schedule 12 for the municipality providing water to the lower tier municipality;

“prepaid special charges” means,

(a) in respect of a lower tier municipality, the amount shown in line 24 of Column 1 of Schedule 13, and

(b) in respect of an upper tier municipality, the amount shown in line 47 of Column 13 of Schedule 14;

“Schedule 12” means Schedule 12 of the 1994 financial information return made under section 3 of the Municipal Affairs Act and section 82 of the Municipal Act of a municipality providing sewer or water service, or both, to ratepayers in the lower tier municipality;

“Schedule 13” means the audited Schedule 13 of the 1994 financial information return of an upper tier or lower tier municipality provided under section 3 of the Municipal Affairs Act and section 82 of the Municipal Act;

“Schedule 14” means the audited Schedule 14 of the 1994 financial information return of an upper tier municipality provided under section 3 of the Municipal Affairs Act and section 82 of the Municipal Act;

“total own taxation” means the total own purposes taxation as shown in line 4 of Column 12 of Schedule 13;

“total upper tier requisition” means the amount shown in line 47 of Column 8 of Schedule 14;

“total upper tier sewer billings” means, for an upper tier municipality, the sum of the upper tier sewer billings in all lower tier municipalities that received sewer services from the upper tier municipality shown in line 47 of Column 11 of Schedule 14;

“total upper tier water billings” means, for an upper tier municipality, the sum of upper tier water billings in all lower tier municipalities that received water services from the upper tier municipality shown in line 47 of Column 9 of Schedule 14;

“upper tier commercial mill rate” means, in respect of an upper tier municipality, the amount obtained by dividing upper tier commercial taxes by the sum of commercial local assessment and business local assessment and multiplying the quotient by 1,000, correct to two decimal places;

“upper tier commercial taxes” means the sum of,

(a) upper tier purpose commercial and industrial taxes shown in line 5 of Column 7 of Schedule 13, and

(b) upper tier purpose business taxes shown in line 5 of Column 8 of Schedule 13;

“upper tier equivalent local assessment” means, in respect of The Regional Municipality of Sudbury, The Regional Municipality of Haldimand-Norfolk, The Regional Municipality of Waterloo, The Regional Municipality of Ottawa-Carleton, the County of Huron, the County of Prince Edward, the County of Kent, the County of Brant, the County of Dufferin, the County of Renfrew, the County of Lambton, the County of Bruce, the County of Elgin, the United Counties of Leeds and Grenville, the County of Perth and the County of Lanark, the amount obtained by dividing the sum of the upper tier telephone and telegraph taxation and the upper tier payments in lieu by the upper tier commercial mill rate and multiplying the quotient by 1,000, correct to the nearest dollar;

“upper tier payments in lieu” means the upper tier share of payments in lieu of taxes shown in line 18 of Column 2 of Schedule 13;

“upper tier telephone and telegraph taxation” means the upper tier share of telephone and telegraph taxation shown in line 6 of Column 12 of Schedule 13;

“upper tier total equalized discounted assessment” means,

(a) in respect of The Regional Municipality of Sudbury, The Regional Municipality of Haldimand-Norfolk, The Regional Municipality of Waterloo, The Regional Municipality of Ottawa-Carleton, the County of Huron, the County of Prince Edward, the County of Kent, the County of Brant, the County of Dufferin, the County of Renfrew, the County of Lambton, the County of Bruce, the County of Elgin, the United Counties of Leeds and Grenville, the County of Perth and the County of Lanark, the amount obtained by dividing the sum of the discounted residential local assessment, commercial local assessment, business local assessment and the upper tier equivalent local assessment for all lower tier municipalities in each region or county, as the case may be, by the equalization factor and multiplying the quotient by 100, correct to the nearest dollar,

(b) in respect of all other upper tier municipalities, the sum of the lower tier total equalized discounted assessment for all lower tier municipalities within the upper tier municipality.

(2) The northern part of Ontario is prescribed as the area lying north of the French River, Lake Nipissing and the southerly boundary of the geographic Township of West Ferris and the geographic townships of East Ferris, Bonfield, Calvin and Papineau-Cameron in the Territorial District of Nipissing and includes all municipalities in the Territorial District of Manitoulin. O. Reg. 303/95, s. 1.

2. For the purposes of calculating a general support grant, special support grant or resource equalization grant for an upper tier municipality,

“net general dollar levy” means the sum of,

(a) the total upper tier requisition,

(b) the total upper tier water billings,

(d) prepaid special charges. O. Reg. 303/95, s. 2.

3. For the purposes of calculating a general support grant, special support grant or resource equalization grant for a lower tier municipality,

“net general dollar levy” means the sum of,

(a) the total own taxation,

(b) the own water revenue,

(d) the lower tier payments in lieu, and

(e) prepaid special charges. O. Reg. 303/95, s. 3.

4. (1) The grant payable to each upper or lower tier municipality under section 4 of the Act is $1 multiplied by the number of households.

(2) The grant payable to each regional municipality under section 2 of the Act, and to every lower tier municipality not situate in a regional municipality under section 6 of the Act, is $1 multiplied by the number of households. O. Reg. 303/95, s. 4.

5. The grant payable to every area municipality under section 3 of the Act is the amount per household based on the density of the area municipality, multiplied by the number of households and determined as follows:

Density

Amount per household

.025 and under

Over .025 to and including .030

Over .030 to and including .035

Over .035 to and including .040

Over .040 to and including .045

Over .045

.50

.40

.30

.20

.10

O. Reg. 303/95, s. 5.

6. The grant payable under section 13 of the Act is 1 per cent of the net general dollar levy. O. Reg. 303/95, s. 6.

7. The grant payable under section 14 of the Act is 1 per cent of the net general dollar levy. O. Reg. 303/95, s. 7.

8. The grant payable under section 15 of the Act to the Township of Chisholm, the Township of Airy, the Township of Papineau-Cameron and every lower tier municipality situated in the Territorial District of Parry Sound is 1 per cent of the net general dollar levy. O. Reg. 303/95, s. 8.

9. (1) For the purposes of section 10 of the Act, the equalized assessment per household in the preceding year shall be determined by dividing either the lower or the upper tier total equalized discounted assessment, as the case may be, by the number of households in the municipality, correct to the nearest dollar.

(2) The standard equalized assessment per household prescribed for the purpose of section 10 of the Act is $58,000.

(3) If the equalized assessment per household in the preceding year as determined under subsection (1) is less than $58,000, a resource equalization grant is payable under section 10 of the Act in an amount which is the lesser of,

(a) 1 per cent of the net general dollar levy; and

(b) the net general dollar levy multiplied by,

where A is the equalized assessment per household in the preceding year determined under subsection (1), correct to the nearest dollar. O. Reg. 303/95, s. 9.

10. (1) In this section,

“social contract adjustments” means the total of,

(a) adjustments made under subsections 2.1 and 2.4 of the Municipal Sectoral Framework designated under Part IV of the Social Contract Act, 1993, and

(b) adjustments made under sections 1 to 8 of the amending agreement entitled “Calculation of Expenditure Reduction Targets for Individual Municipal Employers under the Municipal Sector Framework”.

(2) A revenue guarantee grant is payable for 1995 under section 11 of the Act to any upper or lower tier municipality if the grant entitlement of the municipality is less than the 1994 grants entitlement of the municipality adjusted for the social contract adjustments.

(3) The amount of the revenue guarantee grant is the amount obtained by subtracting the grants entitlement of the municipality from the sum of the 1994 grants entitlement of the municipality and social contract adjustments. O. Reg. 303/95, s. 10.

11. In the calculation of the grants under the Act for a municipality, where an incorporation, a major boundary change or a change in responsibility for the delivery of any service takes place, the Minister may revise or substitute financial data to take into account the incorporation, boundary change or change in responsibility. O. Reg. 303/95, s. 11.

12. The Minister may adjust grants paid to a municipality in 1995 by the amount of any overpayment or underpayment of any grant to that municipality in any previous year. O. Reg. 303/95, s. 12.

13. (1) Grants under this Regulation are conditional upon the submission by each municipality to the Ministry of Municipal Affairs of the 1994 financial information return in the manner prescribed under section 3 of the Municipal Affairs Act and section 82 of the Municipal Act together with any additional data or amendments to the 1994 financial information return that may be required by the Minister within the time specified by the Minister.

(2) If a municipality fails to provide the additional data or amendments to the 1994 financial information return within the time required under subsection (1), the Minister shall rely on such data as the Minister considers relevant to calculate the amount of the grant payable to the municipality.

(3) If a grant has been calculated under subsection (2), a municipality may request a recalculation of the grant payable to the municipality by submitting such additional data or amendments to the 1994 financial information as is requested by the Minister.

(4) If the Minister considers revision to the 1994 financial information return by a municipality to be necessary for the purposes of the payment of a grant under the Act, the Minister may amend the data as the Minister considers necessary to calculate the amount of the grant payable to the municipality. O. Reg. 303/95, s. 13.

14. The Minister may make interim payments to each municipality. O. Reg. 303/95, s. 14.

15. This Regulation applies to grants in respect of 1995 only. O. Reg. 303/95, s. 15.