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O. Reg. 282/98: GENERAL

under Assessment Act, R.S.O. 1990, c. A.31

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Assessment Act
Loi sur l’évaluation foncière

ontario REGULATION 282/98

Amended to O. Reg. 211/05

GENERAL

Historical version for the period May 17, 2005 to June 12, 2005.

Disclaimer: This consolidation is not an official copy of the law because it is affected by one or more retroactive provisions which have not been incorporated into it. For information about the retroactive provisions, see O. Reg. 365/05, section 2, O. Reg. 536/05, subsection 5 (1), O. Reg. 212/07, section 2 and O. Reg. 273/13, subsection 6 (3).

This Regulation is made in English only.

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CONTENTS

 

 

Sections

PART I

INTERPRETATION

 

 

Vacant Land

1-1.1

PART II

CLASSES OF REAL PROPERTY

 

 

Classes

2

 

Residential Property Class

3

 

Multi-Residential Property Class

4

 

Commercial Property Class

5

 

Industrial Property Class

6

 

Pipe Line Property Class

7

 

Farm Property Class

8-8.1

 

Managed Forests Property Class

9

 

New Multi-Residential Property Class

10

 

Office Building Property Class

11

 

Shopping Centre Property Class

12

 

Parking Lots and Vacant Land Property Class

13

 

Large Industrial Property Class

14

 

Professional Sports Facility Property Class

14.1

 

Resort Condominium Property Class

14.2

 

Buildings, Structures that become Vacant

15

 

Mobile Homes

16

 

Hotels

17

 

Application of Part

18

PART III

SUBCLASSES OF REAL PROPERTY

 

 

Farm Land awaiting Development

19

 

Vacant Land

20

 

Excess Land

21-22

 

Application of Part

23

PART IV

EXEMPT CONSERVATION LAND

 

 

Determination of Conservation Land

24-26

 

Application of Part

27

PART V

DISPUTES RELATING TO THE FARM PROPERTY CLASS

 

 

Definitions

29

 

Requests for Reconsideration under Section 39.1 of the Act

30

 

Complaints under Section 40 of the Act

31-32

PART VI

DISPUTES RELATING TO THE MANAGED FORESTS PROPERTY CLASS

 

 

Definitions

33

 

Requests for Reconsideration under Section 39.1 of the Act

34

 

Complaints under Section 40 of the Act

35

 

Special Consideration for 1998 if Deadline Missed

36

PART VII

DISPUTES RELATING TO CONSERVATION LAND

 

 

Definitions

37

 

Requests for Reconsideration under Section 39.1 of the Act

38

 

Complaints under Section 40 of the Act

39

 

Special Consideration if Deadline Missed

40

PART VIII

ASSESSMENT OF PIPE LINES

41-42.2

Table 1

Offshore pipe lines

 

Table 2

Plastic field gathering pipe lines and plastic gas distribution pipe lines

 

Table 3

Pipe lines other than pipe lines to which table 1 or 2 apply

 

Table 4

Depreciation rates

 

Table 5

Offshore pipe lines

 

Table 6

Plastic field gathering pipe lines and plastic gas distribution pipe lines

 

Table 7

Pipe lines other than pipe lines to which table 5 or 6 apply

 

Table 8

Depreciation rates offshore pipe lines

 

Table 9

Pipe lines other than pipe lines to which table 8 applies

 

Table 10

Offshore pipe lines

 

Table 11

Plastic field gathering pipe lines and plastic gas distribution pipe lines

 

Table 12

Pipe lines other than pipe lines to which table 10 or 11 applies

 

Table 13

Depreciation rates — offshore pipe lines

 

Table 14

Pipe lines other than pipe lines to which table 13 applies

 

Table 15

Offshore pipe lines

 

Table 16

Plastic field gathering pipe lines and plastic gas distribution pipe lines

 

Table 17

Pipe lines other than pipe lines to which table 15 or 16 applies

 

Table 18

Depreciation rates — offshore pipe lines

 

Table 19

Pipe lines other than pipe lines to which table 18 applies

 

PART IX

MISCELLANEOUS

 

 

Procedure for School Support Applications

43

 

Mine Tailings Management Area

43.1

 

Other Buildings to which Subsection 19 (5) of the Act Applies

44-44.1

 

Subsection 19 (5.4) of the Act — Farm Land Awaiting Development

45

 

Designated Airport Authority

45.1

 

New Residential Unit — Exempt Portion

45.2

 

Current Value of Hotels

45.3

 

Wind Turbine Towers

45.4

 

Subsection 19 (5.2) of the Act — Current Use Valuation

46-47

PART I
INTERPRETATION

Vacant Land

1. (1) The following land, if it is not being used, is vacant land for the purposes of this Regulation:

1. Land that has no buildings or structures on it.

2. Land upon which a building or structure is being built.

3. Land upon which a building or structure has been built if no part of the building or structure has yet been used.

4. Land upon which a building or structure has been built if the building or structure is substantially unusable.  O. Reg. 282/98, s. 1 (1).

(2) For greater certainty, any occupation of a building or structure is a use for the purposes of paragraph 3 of subsection (1) and once a building or structure has been occupied the land upon which the building or structure is located cannot be vacant land unless the building or structure becomes substantially unusable.  O. Reg. 282/98, s. 1 (2).

(3) A portion of a parcel of land is vacant land for the purposes of this Regulation if,

(a) there is no building or structure on the portion of the parcel or there is a building or structure on the portion but no part of the building or structure has yet been used;

(b) there is a building or structure on the rest of the parcel; and

(c) the portion of the parcel is zoned for a kind of development that is different from the development on the rest of the parcel.  O. Reg. 282/98, s. 1 (3).

1.1 In this Regulation,

“Darlington Generation Station” means the generation facility located in the Municipality of Clarington, having assessment roll numbers beginning 18-17-010-020-09700 and the legal description “CON BF PT LOT 18 TO 24, RP 10R342, RP 10343, RP 10R398 EXP PLAN 74387, RP 10R94, RD ALLOWANCE PT, RP 10R664 PART 1 AND RP 10R1551 PART 1”, as set out on the 1999 assessment roll;

“generation facility” has the meaning assigned in subsection 2 (1) of the Electricity Act, 1998;

“Pickering Generation Station” means the generation facility located in the City of Pickering, having assessment roll numbers beginning 18-01-020-022-06800 and the legal description “CON BF RANGE 2, 3 PT LOT 17-22 & PT RD ALLOW BETWEEN BF RANGE 2, 3 & PT PT RD ALLOW BETWEEN LOT 18, 19, 20, 21”, as set out on the 1999 assessment roll.  O. Reg. 198/04, s. 1.

PART II
CLASSES OF REAL PROPERTY

Classes

2. The following classes of real property are prescribed for the purposes of the Act:

1. The residential property class.

2. The multi-residential property class.

3. The commercial property class.

4. The industrial property class.

5. The pipe line property class.

6. The farm property class.

7. The managed forests property class.

8. The new multi-residential property class.

9. The office building property class.

10. The shopping centre property class.

11. The parking lots and vacant land property class.

12. The large industrial property class.

13. The professional sports facility property class.  O. Reg. 282/98, s. 2; O. Reg. 174/00, s. 1; O. Reg. 363/03, s. 1.

Residential Property Class

3. (1) The residential property class consists of the following:

1. Land used for residential purposes that is,

i. land that does not have seven or more self-contained units,

ii. a unit or proposed unit, as defined in the Condominium Act,

iii. land owned by a co-operative, as defined in the Co-operative Corporations Act, the primary object of which is to provide housing to its members or land leased by such a co-operative if the term of the lease is at least 20 years,

iv. subject to subsection (2), land with seven or more self-contained units owned by a corporation with or without share capital each shareholder or member of which has a right, by virtue of being a shareholder or member of the corporation, to occupy one of the units,

v. subject to subsection (2), land with seven or more self-contained units owned by individuals only, each of whom has an undivided interest in the land and a right, arising from a contract with the other owners, to occupy one of the units, if at least half the units are occupied by the owners with a right to occupy them,

vi. land with self-contained units, organized as what is commonly known as a timeshare, that,

A. is owned by persons, each of whom has an undivided interest in the land and a right to occupy a unit on a periodic basis for at least one week at a time, or

B. is leased by persons, for terms of at least 20 years, each of whom has a right to occupy a unit on a periodic basis for at least one week at a time,

vii. a group home as defined in subsection 166 (1) of the Municipal Act, 2001,

viii. a care home, as defined in the Tenant Protection Act, 1997, that does not have seven or more self-contained units and that is not included in the commercial property class under paragraph 2 of section 5,

ix. land used for residential purposes on a seasonal basis, including campgrounds,

x. land with self-contained units, organized as what is commonly known as a life lease project, in respect of which individuals (referred to in this subparagraph as “purchasers”) have each entered into an agreement to purchase a right (referred to in this subparagraph as the “life lease interest”) to occupy a unit for residential purposes within the project, if,

A. the term, not including renewals, of the life lease interest is equal to or greater than 20 years or is equal to the lifetime of the purchasers,

B. the purchasers have made one or more payments to the owner of the land on account of the purchase, and

C. the purchasers have a right to sell, transfer or otherwise dispose of the life lease interest in a manner determined under the terms of the agreement for the purchase,

xi. land that is a municipally-licensed rooming house.

Note:  Paragraph 1, as made by subsection 1 (1) of Ontario Regulation 356/00, applies to the 2000 and subsequent taxation years.  See:  O. Reg. 356/00, s. 1 (4).

2. Land not used for residential purposes that is,

i. farm land to which subsection 19 (5) of the Act applies for the taxation year for which the land is being classified, other than land in the farm property class or buildings prescribed under section 44,

ii. land used by a non-profit organization for child care purposes that is either,

A. land owned by the organization, or

B. land leased by the organization, other than land that would otherwise be in the commercial property class or the industrial property class,

iii. land owned by a religious organization other than land occupied by a tenant and used for a commercial activity,

iv. land owned and occupied by a non-profit service organization, a non-profit private club, a non-profit cultural organization or a non-profit recreational sports club, other than land used as a golf course or ski resort,

v. land owned by a conservation authority, other than land occupied by a tenant and used for a commercial activity or land used as a golf course or ski resort,

vi. land used as a golf course, including buildings or structures used for the purpose of maintaining the golf course, but not including any other buildings and structures and the land used in connection with those other buildings or structures,

vii. land used as a driving range for at least four consecutive months a year but not including any buildings and structures and the land used in connection with those buildings or structures,

viii. land used as a ski resort, including ski-lifts and buildings or structures used for the purpose of maintaining ski hills or trails, but not including any other buildings and structures and the land used in connection with those other buildings or structures,

ix. vacant land principally zoned for residential development but not principally zoned for multi-residential development,

x. buildings used exclusively for the purposes of storing private aircraft and land on which those buildings are located,

xi. land used to provide horse trail rides or horse riding lessons to the public.

Note:  Subparagraph 2 iv, as amended by subsection 1 (2) of Ontario Regulation 356/00, applies to the 2000 and subsequent taxation years.  See:  O. Reg. 356/00, s. 1 (4).

3. For the 2000 and subsequent taxation years, the portion of land that is licensed or required to be licensed under Part II of the Aggregate Resources Act that is not in the farm property class or the industrial property class.  O. reg. 282/98, s. 3 (1); O. Reg. 351/99, s. 1; O. Reg. 356/00, s. 1 (1, 2); O. Reg. 54/01, s. 1 (1); O. Reg. 362/03, s. 1; O. Reg. 363/03, s. 2 (1-3); O. Reg. 198/04, s. 2; O. Reg. 100/05, s. 1 (1).

(2) Land described in subparagraph iv or v of paragraph 1 of subsection (1) is included in the residential/farm property class for 1999, 2000, 2001 or 2002 or in the residential property class for 2003 or a later taxation year only if the land was included in the residential/farm property class for the 1998 taxation year under subparagraph iv or v of paragraph 1 of subsection (1) as it read on December 31, 2002.  O. Reg. 363/03, s. 2 (4).

(2.1) In subparagraph 2 iv of subsection (1),

“cultural organization” means an organization that is established and maintained for cultural activities for Canadians of a specific ethnic origin, including First Nations peoples;

“service organization” means an organization whose primary function is to provide services to promote the welfare of the community and not only to benefit its members.  O. Reg. 356/00, s. 1 (3).

Note:  Subsection (2.1), as made by subsection 1 (3) of Ontario Regulation 356/00, applies to the 2000 and subsequent taxation years.  See:  O. Reg. 356/00, s. 1 (4).

(3) In subparagraph vii of paragraph 2 of subsection (1),

“driving range” means an outdoor practice area for driving golf balls.  O. Reg. 282/98, s. 3 (3).

(4) In subparagraph 2 x of subsection (1),

“private aircraft” means an aircraft that is owned by one or more individuals and used exclusively for the recreational purposes of the owner or owners and not for any commercial purposes.  O. Reg. 54/01, s. 1 (2).

(5) If the assessment corporation requests the owner of land to verify that all aircraft stored in buildings are private aircraft, the owner shall do so before the land and buildings are classified in the residential property class under subparagraph 2 x of subsection (1).  O. Reg. 54/01, s. 1 (2); O. Reg. 363/03, s. 2 (5).

(6) Subparagraph 2 xi of subsection (1) applies to the 2004 and subsequent taxation years.  O. Reg. 100/05, s. 1 (2).

Multi-Residential Property Class

4. (1) The multi-residential property class consists of the following:

1. Land used for residential purposes that has seven or more self-contained units other than land included in the residential property class under paragraph 1 of subsection 3 (1).

2. Vacant land principally zoned for multi-residential development.  O. Reg. 282/98, s. 4 (1); O. Reg. 363/03, s. 3.

(2) Land in the new multi-residential property class is not included in the multi-residential property class.  O. Reg. 282/98, s. 4 (2).

Commercial Property Class

5. (1) The commercial property class consists of the following:

1. Land and vacant land that is not included in any other property class.

2. A care home, as defined in the Tenant Protection Act, 1997, to which that Act does not apply, that is operated with the intention of generating a profit and that does not have seven or more self-contained units.

3. If a portion of land is in the office building property class, any other portion of the land that is not included in any other property class.

4. If a portion of land is in the shopping centre property class, any other portion of the land that is not included in any other property class.  O. Reg. 282/98, s. 5.

(1.1) For 1999 and subsequent taxation years, the following are included in the commercial property class:

1. Land at the Darlington Generation Station that is used as a field office for site construction, to a maximum of 25,000 square feet.

2. Land at the Pickering Generation Station described in Column 1 of the following Table that is used as described in Column 2 opposite the description of the land:

 

Column 1 — Description of Land

Column 2 — Use

Free standing Guardhouse A

Security & Administrative

Free standing Guardhouse B

Security & Administrative

Free standing Gatehouse

Security & Administrative

Men’s Clothing Change Room

Dosimeter Monitoring and Change Area

Engineering Services Building, to a maximum of 25,000 square feet

Administrative services for the plant

Oil and Chemical Storage

Storage of chemical waste, used lubricants

Records Drawing Office

Engineering Drawings are stored in this building

Spent Dry Fuel Storage — Stage 1

Stores containers of spent fuel

Spent Dry Fuel Storage — Stage 2

Stores containers of spent fuel

O. Reg. 198/04, s. 3.

(2) For the 2000 and subsequent taxation years, a building that is used exclusively for storage purposes at the site where manufacturing, production or processing takes place is included in the commercial property class if the building is,

(a) not attached to a building or structure or portion of a building or structure that is included in the industrial property class; or

(b) linked to a building or structure or portion of a building or structure that is included in the industrial property class by means of a minimal connection or corridor constructed only for the purpose of moving material or goods between the buildings.  O. Reg. 356/00, s. 2.

(3) For 2005 and subsequent years, the following land shall be included in the commercial property class but only if the land is owned by the University of Windsor and occupied by DaimlerChrysler Canada Inc.:

1. The University of Windsor/DaimlerChrysler Canada Automotive Research and Development Centre located at 3939 Rhodes Drive in the City of Windsor and having assessment roll number 37 39 070 301 06500 0000 and the legal description Concession 3, Parts of Lots 103-105 designated as Part 1 on Registered Plan 12R-8104, as set out on the assessment roll.  O. Reg. 399/04, s. 1.

Industrial Property Class

6. (1) The industrial property class consists of the following:

1. Land used for or in connection with,

i. manufacturing, producing or processing anything,

ii. research or development in connection with manufacturing, producing or processing anything,

iii. storage, by a manufacturer, producer or processor, of anything used or produced in such manufacturing, production or processing if the storage is at the site where the manufacturing, production or processing takes place, or

iv. retail sales, by a manufacturer, producer or processor, of anything produced in such manufacturing, production or processing if the retail sales are at the site where the manufacturing, production or processing takes place.

2. Vacant land principally zoned for industrial development.  O. Reg. 282/98, s. 6 (1).

(2) The following are included in the industrial property class:

1. Land used to manufacture or transform electricity.

2. For the 1998 and 1999 taxation years, land used for mining, quarrying, producing oil or gas or extracting anything from the earth.

2.1 For the 2000 and subsequent taxation years, land used for mining, producing oil or gas or extracting anything from the earth.  This paragraph does not apply to,

i. land that is licensed or required to be licensed under Part II of the Aggregate Resources Act, or

ii. land that would be required to be licensed under Part II the Aggregate Resources Act if the land were in a part of Ontario designated under section 5 of that Act.

2.2 For the 2000 and subsequent taxation years, the portion of,

i. land that is licensed or required to be licensed under Part II of the Aggregate Resources Act, or

ii. land that would be required to be licensed under Part II of the Aggregate Resources Act if the land were in a part of Ontario designated under section 5 of that Act,

that is used for,

iii. extracting anything from the earth,

iv. excavating,

v. processing extracted or excavated material,

vi. stockpiling extracted or excavated material, or

vii. stockpiling overburden.

2.3 For the 2000 and subsequent taxation years, roadways and structures on a portion of land that is licensed or required to be licensed under Part II of the Aggregate Resources Act if the roadway or structure is used in connection with an activity listed in paragraph 2.2.

3. Shipyards and dry docks.

4. Elevators used to receive, store, clean, treat or transfer feed for livestock or grain.

5. A sewage or water treatment plant other than a plant owned by a commission as defined in subsection 27 (1) of the Act.  O. Reg. 282/98, s. 6 (2); O. Reg. 351/99, s. 2.

(3) A building used exclusively for office or administrative purposes is not included in the industrial property class unless it is attached to a building or structure included in the industrial property class.  O. Reg. 282/98, s. 6 (3).

(3.1) Revoked:  O. Reg. 356/00, s. 3.

(4) Land in the large industrial property class is not included in the industrial property class.  O. Reg. 282/98, s. 6 (4).

Pipe Line Property Class

7. The pipe line property class consists of pipe lines within the meaning of subsection 25 (1) of the Act.  O. Reg. 282/98, s. 7.

Farm Property Class

8. (1) The farm property class consists of land determined in accordance with this section and section 8.1 to be farmland.  O. Reg. 499/99, s. 1 (1); O. Reg. 363/03, s. 4 (1).

(2) Land used for farming, including outbuildings is farmland for a taxation year if the following requirements are satisfied:

1. A farming business, within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993, is carried out on the land.

2. Subsection 19 (5) of the Act applies to the land for the taxation year.

3. The land is owned by,

i. an individual who is a Canadian citizen or has been lawfully admitted to Canada for permanent residence,

ii. a corporation that has issued and allocated shares to which are attached more than 50 per cent of the voting rights ordinarily exercisable at meetings of the shareholders and that are owned by individuals described in subparagraph i,

iii. a partnership of which more than 50 per cent of the income or loss of the partnership is allocated to partners who are persons described in subparagraph i or ii,

iv. a non-profit corporation without share capital, including a co-operative corporation under the Co-operative Corporations Act, more than 50 per cent of whose members are individuals described in subparagraph i,

v. a trust more than 50 per cent of whose beneficiaries are individuals described in subparagraph i, or

vi. a corporation that does not issue shares and does not have members.

4. For the 1999 and 2000 taxation years, if the person carrying on the farming business was required to file a completed farming business registration form under the Farm Registration and Farm Organizations Funding Act, 1993 in the year before the taxation year,

i. the person carrying on the farming business filed the form as required and was issued a registration number, and

ii. if the owner of the land is not the person carrying on the farm business, the owner applied to have the land classified as farmland and the application was made before September 1 in the year before the taxation year on a form provided by the Minister of Agriculture, Food and Rural Affairs.

5. For the 1999 and 2000 taxation years, if paragraph 4 does not apply because an order was made under section 22 of the Farm Registration and Farm Organizations Funding Act, 1993 that filing be waived, the owner of the land applied to have the land classified as farmland and the application was made before September 1 in the year before the taxation year on a form provided by the Minister of Agriculture, Food and Rural Affairs.  However, the owner is not required to apply if the owner is the person carrying on the farming business.

6. For the 1999 and 2000 taxation years, if paragraph 4 does not apply because the annual gross income of the farming business was less than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993, the owner of the land applied to have the land classified as farmland, the application was made before September 1 in the year before the taxation year on a form provided by the Minister of Agriculture, Food and Rural Affairs and the requirements set out in subsection (3) are met.

7. For the 2001 and subsequent taxation years, the person carrying on the farming business was issued a registration number under the Farm Registration and Farm Organizations Funding Act, 1993 in the year before the taxation year, unless an order was made under section 22 of that Act that the person is not required to file a farming business registration form.

8. For the 2001, 2002 and 2003 taxation years, if paragraph 7 does not apply because the annual gross income of the farming business was less than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993, the owner of the land applied to have the land classified as farmland, the application was made before September 1 in the year before the taxation year on a form approved by the Administrator and the requirements set out in subsection (3) are met.

9. If the taxation year is the 2004 or a subsequent taxation year and paragraph 7 does not apply because the annual gross income of the farming business is less than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993 or because the farming business commenced during the taxation year, the requirements set out in subsection (3) are met.  O. Reg. 282/98, s. 8 (2); O. Reg. 499/99, s. 1 (2-4); O. Reg. 363/03, s. 4 (2); O. Reg. 419/04, s. 1 (1, 2).

(3) For the purposes of paragraphs 6 and 9 of subsection (2), the requirements that must be met are the requirements set out in one of the following paragraphs:

1. In the opinion of the Minister of Agriculture and Food,

i. the year to which the annual gross income from farming relates was not a normal production year for the farming business, and

ii. the annual gross income of the farming business for that year would have been equal to or greater than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993 if the year had been a normal production year for the farming business.

2. The person carrying on the farming business owns the land and,

i. the farming business provided an annual gross income that is more than zero,

ii. there are at least 10 years such that each year is a year in which the owner or his or her spouse or same-sex partner owned the land and carried on the farming business, and,

A. for which either the owner or his or her spouse qualified under the farm tax rebate program established under O.C. 3033/90 in respect of the land or the land was in the farmlands property class, or

B. for which the owner’s same-sex partner would have qualified under the farm tax rebate program established under O.C. 3033/90 in respect of the land if that Order in council had included the owner’s same-sex partner or the land was in the farmlands property class, and

iii. the age or illness of the owner or his or her spouse or same-sex partner or the death of the owner’s spouse or same-sex partner was the reason the annual gross income of the farming business was less than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993.

3. If the taxation year is the 2004 or a subsequent taxation year, a farming business commenced during the taxation year and the gross income from the farming business for the year to which the annual gross income from farming relates is equal to or greater than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993.  O. Reg. 282/98, s. 8 (3); O. Reg. 105/00, s. 1 (1); O. Reg. 419/04, s. 1 (3-5).

(4) For the 2001 and subsequent taxation years, land used for farming is farmland if,

(a) it is owned by a conservation authority and subsection 19 (5) of the Act applies to the land;

(b) it is owned by the Agricultural Rehabilitation and Development Directorate of Ontario; or

(c) it was owned by the Agricultural Rehabilitation and Development Directorate and was transferred to and is owned by the Association of Community Pastures.  O. Reg. 45/02, s. 1.

(4.1) Despite subsection (2), land used for farming, including outbuildings, is farmland for 2003 or a subsequent taxation year if,

(a) the land is owned by Her Majesty in right of Canada or a province, a Crown agent, a corporation owned, controlled or operated by the Crown, a municipality or a local board;

(b) a farming business, within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993, is carried out on the land by a tenant of the land;

(c) subsection 19 (5) of the Act applies to the land for the taxation year; and

(d) the provisions of paragraphs 7 and 8 of subsection (2) are satisfied in respect of the land for the taxation year.  O. Reg. 363/03, s. 4 (3).

(5) For the 1998 taxation year, subsections (2) and (3) do not apply.  For that taxation year, land, other than land owned by a conservation authority or the Agricultural Rehabilitation and Development Directorate of Ontario, is farmland if the owner or the owner’s spouse or same-sex partner qualified under the farm tax rebate program established under O.C. 3033/90 in respect of the land for the 1997 taxation year.  O. Reg. 282/98, s. 8 (5); O. Reg. 105/00, s. 1 (2).

(5.1) For 2004 and subsequent taxation years, land that is used to process maple sap is included in the farm property class if the following conditions are satisfied:

1. The land would be included in the farm property class if it were not used to process maple sap.

2. The maple sap is processed on the land into pure maple syrup or other pure maple products that contain no additives or preservatives.

3. At least 50 per cent of the maple sap processed on the land has been tapped from trees on land owned or leased by the farmer.  O. Reg. 286/04, s. 1.

(5.2) For the purposes of subsection (5.1), the processing of maple sap includes the bottling or other packaging of pure maple syrup or pure maple products.  O. Reg. 286/04, s. 1.

(6) In this section,

“annual gross income” means the annual gross income as determined under subsection 1 (2) of Ontario Regulation 723/93 under the Farm Registration and Farm Organizations Funding Act, 1993;

“same-sex partner” has the same meaning as in Part III of the Family Law Act;

“spouse” has the same meaning as in Part III of the Family Law Act.  O. Reg. 282/98, s. 8 (6); O. Reg. 105/00, s. 1 (3).

8.1 (1) With respect to the 2001 and 2002 taxation years, land located in the city, regional municipality, geographic county or district set out in Column 1 of the Table to this section belongs to the farmlands property class only if the owner has complied with this section and section 8.  O. Reg. 363/03, s. 5 (1).

(1.1) With respect to the 2003 and subsequent taxation years, land located in the municipality or district set out in Column 1 of the Table to this section belongs to the farm property class only if the owner has complied with this section and section 8.  O. Reg. 363/03, s. 5 (1).

(2) An owner who wishes to have land classified as belonging to the farmlands property class or farm property class with respect to a taxation year shall apply for the classification to the Administrator.  O. Reg. 499/99, s. 2; O. Reg. 363/03, s. 5 (2).

(3) Subject to subsection (4), an application made with respect to a taxation year shall be made, on a form approved by the Administrator, on or before the date in the year before the taxation year that is set out in Column 2 of the Table opposite to the name of the municipality or district set out in Column 1 in which the land is located.  O. Reg. 499/99, s. 2; O. Reg. 363/03, s. 5 (3).

(3.1) Subject to subsection (4), if an application has been made under subsection (3) and the applicant’s land has been classified as belonging to the farmlands property class for a taxation year before 2003 or to the farm property class for the 2003 or a subsequent taxation year, no application need be made to have the land classified as belonging to the farm property class for taxation years after 2002.  O. Reg. 363/03, s. 5 (4).

(4) If either of the following changes occurs after the date the application was required under subsection (3) and before August 31 of the following year or during any subsequent 12-month period, an owner whose land is classified as belonging to the farmlands property class under this Regulation, as it read before January 1, 2003, or the farm property class shall notify the Administrator on or before the September 1 following the change:

1. There is a change in eligibility of the land for classification as farmland under paragraph 1, 2 or 3 of subsection 8 (2).

2. There has been a change in information contained in the most recent application made under this section.  O. Reg. 499/99, s. 2; O. Reg. 363/03, s. 5 (5).

(5) Upon making an application under this section, the owner must,

(a) allow a person selected by the Administrator to inspect the land and to inspect any documents relating to the land in order to assist in the determination of whether the land should continue to be classified as farmland; and

(b) co-operate with the person carrying out the inspection under clause (a).  O. Reg. 499/99, s. 2.

(6) At any time after the Administrator determines, upon an application under this section, that land should be classified as farmland, the Administrator may conduct audits to verify that the land continues to be eligible to be classified as farmland and the owner must,

(a) allow a person selected by the Administrator to inspect the land and to inspect any documents relating to the land in order to assist in the verification of whether the land should continue to be classified as farmland;

(b) co-operate with the person carrying out the inspection under clause (a); and

(c) submit further information or documents as may be required by the Administrator in order to assist in the verification.  O. Reg. 499/99, s. 2.

(7) If an owner does not comply with subsection (5) or (6), the land will cease to be classified as farmland in the following taxation year.  O. Reg. 499/99, s. 2.

(8) The Administrator may permit a person to file an application on or before December 31 of the taxation year rather than on or before the date required under subsection (3) or (4) if, in the Administrator’s opinion, there are mitigating circumstances explaining why the application could not be made before the earlier deadline.  O. Reg. 499/99, s. 2; O. Reg. 419/04, s. 2.

(9) In this section,

“Administrator” has the same meaning as in Part V.  O. Reg. 499/99, s. 2.

table

Column 1

Column 2

Toronto C

May 31

Durham R

May 31

Halton R

May 31

Haldimand-Norfolk R

May 31

Hamilton-Wentworth R

May 31

Niagara R

May 31

Ottawa-Carleton R

April 30

Peel R

May 31

Sudbury R

June 30

Waterloo R

May 31

York R

May 31

Brant Co

May 31

Bruce Co

June 30

Dufferin Co

May 31

Elgin Co

May 31

Essex Co

June 30

Frontenac Co

April 30

Grey Co

June 30

Haliburton Co

June 30

Hastings Co

May 31

Huron Co

June 30

Kent Co

June 30

Lambton Co

June 30

Lanark Co

April 30

Leeds and Grenville Co

April 30

Lennox and Addington Co

May 31

Middlesex Co

June 30

Northumberland Co

May 31

Oxford Co

May 31

Perth Co

May 31

Peterborough Co

May 31

Prescott and Russell Co

April 30

Prince Edward Co

May 31

Renfrew Co

April 30

Simcoe Co

June 30

Stormont, Dundas and Glengarry Co

April 30

Victoria Co

May 31

Wellington Co

May 31

Algoma D

June 30

Cochrane D

June 30

Kenora D

June 30

Manitoulin D

June 30

Muskoka D

June 30

Nipissing D

June 30

Parry Sound D

June 30

Rainy River D

June 30

Thunder Bay D

June 30

Timiskaming D

June 30

O. Reg. 499/99, s. 2.

Managed Forests Property Class

9. (1) The managed forests property class consists of eligible land determined in accordance with this section to be managed forest land.  O. Reg. 282/98, s. 9 (1).

(2) Land that is covered by a forest, and including outbuildings used for forest operations, is eligible land if the following requirements are satisfied:

1. The land is owned by,

i. an individual who is a Canadian citizen or has been lawfully admitted to Canada for permanent residence,

ii. a corporation that has issued and allocated shares to which are attached more than 50 per cent of the voting rights ordinarily exercisable at meetings of the shareholders and that are owned by individuals described in subparagraph i,

iii. a partnership of which more than 50 per cent of the income or loss of the partnership is allocated to partners who are persons described in subparagraph i or ii,

iv. a conservation authority, or

v. a trust established by a person described in subparagraph i or ii, a partnership described in subparagraph iii or a conservation authority, but only if 50 per cent or more of the beneficial interest in the trust property is held by those persons, partnerships or conservation authorities.

2. The forest including any area included under subsection (3) is at least four hectares in size.

3. The land is all or part of a single parcel of land or, if the land consists of land from more than one parcel, the forest on land in each parcel satisfies the requirement in paragraph 2.

4. Subject to subsection (3), the forest has, per hectare, at least,

i. 1,000 trees of any size,

ii. 750 trees that, at a height of 11/3 metres, are more than 5 centimetres in diameter,

iii. 500 trees that, at a height of 11/3 metres, are more than 12 centimetres in diameter, or

iv. 250 trees that, at a height of 11/3 metres, are more than 20 centimetres in diameter.

5. The land is not,

i. land for which a plan of subdivision has been registered, or

ii. licensed under the Aggregate Resources Act or zoned for aggregate extraction if that Act does not apply to the land.  O. Reg. 282/98, s. 9 (2).

(3) An area in a parcel of land that does not have enough trees to satisfy the requirement in paragraph 4 of subsection (2) forms part of the eligible land in the parcel if the area contributes to the objectives of the managed forest plan for the forest and if the total of such areas does not exceed 10 per cent of the forest on the land in the parcel that satisfies the requirement in paragraph 4 of subsection (2).  O. Reg. 282/98, s. 9 (3).

(4) Eligible land is managed forest land for a taxation year if the requirements set out in subsection (5) or (6) are met.  O. Reg. 282/98, s. 9 (4).

(5) The following requirements apply with respect to eligible land that was not managed forest land for the previous taxation year:

1. On or before August 31 of the previous taxation year, the owner of the eligible land must submit a completed application for the classification of the land as managed forest land to a designated government agent.

2. In the application, the owner must state that the land is eligible land.

3. In the application, the owner must agree,

i. to manage the forest in accordance with the approved managed forest plan,

ii. to allow a person selected by the Minister of Natural Resources to inspect the land and to inspect documents relating to the land to ensure that the forest is being managed in accordance with the approved managed forest plan and that the land remains eligible land, and

iii. to co-operate with the person described in subparagraph ii in the course of the inspection.

4. The application must be accompanied by a copy of an approved managed forest plan for the forest.  O. Reg. 282/98, s. 9 (5).

(6) The following requirements apply with respect to eligible land that was managed forest land for the previous taxation year:

1. Since the most recent previous application for the classification of the land as managed forest land was made, the land must have been managed in accordance with the managed forest plan and the owner must not have breached anything the owner agreed to in the previous application.

2. On or before August 31 of the previous taxation year, the owner of the eligible land must submit a completed application for the classification of the land as managed forest land to a designated government agent.

3. In the application, the owner must state that,

i. the land is eligible land and the owner wishes the land to continue to be managed forest land, and

ii. the requirement in paragraph 1 is satisfied.

4. In the application, the owner must agree,

i. to manage the forest in accordance with the approved managed forest plan,

ii. to allow a person selected by the Minister of Natural Resources to inspect the land and to inspect documents relating to the land to ensure that the forest is being managed in accordance with the approved managed forest plan and that the land remains eligible land, and

iii. to co-operate with the person described in subparagraph ii in the course of the inspection.

5. The owner must have an audit of the forest performed on or before August 31 of the previous taxation year unless the forest has been audited during the five years preceding the beginning of the current taxation year.  Subject to subsection (8), this paragraph does not apply with respect to any of the first five taxation years for which the land is classified as managed forest land.

6. The audit must be performed by a managed forest plan approver, but not by the person who approved the managed forest plan then in effect.  O. Reg. 282/98, s. 9 (6).

(7) A managed forest plan that is approved under the Managed Forest Tax Rebate Program of the Ministry of Natural Resources for 1996 or 1997 shall be deemed to be an approved managed forest plan.  O. Reg. 282/98, s. 9 (7).

(8) An audit is required under paragraph 5 of subsection (6),

(a) for an application respecting the year 2001, if the approved managed forest plan for the forest is a managed forest plan approved under the Managed Forest Tax Rebate Program of the Ministry of Natural Resources for 1996;

(b) for an application respecting the year 2002, if the approved managed forest plan for the forest is a managed forest plan approved under that Program for 1997.  O. Reg. 282/98, s. 9 (8).

(9) An approved managed forest plan may be amended or replaced but the new or amended plan does not take effect until it is approved and a copy of the new or amended plan, as approved, is given to the designated government agent.  O. Reg. 282/98, s. 9 (9).

(10) If managed forest land changes owners, the new owner may meet the requirements of subsection (5) instead of subsection (6) for the first taxation year for which the new owner submits an application under this section but, even if the new owner does so, the requirement in paragraph 5 of subsection (6) still applies.  O. Reg. 282/98, s. 9 (10).

(11) The following rules apply for the purposes of the 1998 taxation year:

1. Subject to paragraph 2, the deadline for submitting applications and documents under subsection (5) is December 1, 1997 and not August 31, 1997.

2. If the eligible land is at least 500 hectares in size, the deadline for submitting an approved managed forest plan is August 31, 1998.  O. Reg. 282/98, s. 9 (11).

(12) In this section,

“approved managed forest plan” means a managed forest plan that is approved by a managed forest plan approver as having been prepared in accordance with the Ontario government publication published in 1997 titled “A Guide to... The Managed Forest Tax Incentive Program (MFTIP)”;

“designated government agent” means a person described in the Ontario government publication published in 1997 titled “A Guide to... The Managed Forest Tax Incentive Program (MFTIP)” as a person to whom applications are to be sent;

“managed forest plan approver” means a person designated by the Minister as a managed forest plan approver.  O. Reg. 282/98, s. 9 (12).

New Multi-Residential Property Class

10. (1) The new multi-residential property class applies within a municipality, the council of which is required to pass a by-law establishing tax ratios under section 308 of the Municipal Act, 2001, only if the council of the municipality has passed a by-law opting to have the new multi-residential property class apply within the municipality.  O. Reg. 282/98, s. 10 (1); O. Reg. 198/04, s. 4.

(2) The new multi-residential property class consists of land that would otherwise be in the multi-residential property class but that satisfies the following requirements:

1. The units on the land have been built or converted from a non-residential use pursuant to a building permit issued after the by-law adopting the new multi-residential property class was passed.  O. Reg. 282/98, s. 10 (2).

2. Revoked:  O. Reg. 45/02, s. 2 (1).

O. Reg. 282/98, s. 10 (2); O. Reg. 45/02, s. 2 (1).

(3) Subject to subsections (4), (5) and (6), land ceases to be included in the new multi-residential property class after it has been classified in that class for 35 taxation years.  O. Reg. 45/02, s. 2 (2).

(4) If land was included in the new multi-residential property class pursuant to a by-law passed by the council of a municipality in respect of a tax year prior to 2002, the land ceases to be included in the new multi-residential property class after it is classified in that class for eight years.  O. Reg. 45/02, s. 2 (2).

(5) The council of a municipality may provide by by-law that subsection (4) does not apply within the municipality.  O. Reg. 45/02, s. 2 (2).

(6) The council of a municipality may pass a by-law opting to have the new multi-residential property class cease to apply within a municipality.  O. Reg. 45/02, s. 2 (2).

(7) A by-law referred to in subsection (6) shall not affect the classification of land for which a building permit has been issued before the by-law comes into force.  O. Reg. 45/02, s. 2 (2).

Office Building Property Class

11. (1) The office building property class applies within a municipality, the council of which is required to pass a by-law establishing tax ratios under section 308 of the Municipal Act, 2001, only if the council of the municipality has passed a by-law opting to have the office building property class apply within the municipality.  O. Reg. 282/98, s. 11 (1); O. Reg. 198/04, s. 5 (1).

(2) The office building property class consists of the rentable area of an office building that would otherwise be in the commercial property class that exceeds 25,000 square feet.  O. Reg. 282/98, s. 11 (2).

(3) For the purposes of subsection (2),

“office building” means,

(a) a building that is used primarily for offices,

(b) the part of a building that, but for this section, would otherwise be classified in the commercial property class if that part of the building is used primarily for offices.  O. Reg. 282/98, s. 11 (3).

(4) If all of the land the office building is part of is in the commercial property class and the office building property class, the share of the assessed value that is attributable to the land described in subsection (2) shall be determined in accordance with the following:

where,

“Share of assessed value” means the assessed value of the land in the office building property class;

“Assessed value of land” means the assessed value of the land;

“Rentable area” means the rentable area, measured in square feet, of the office building and other structures on the land.

O. Reg. 282/98, s. 11 (4).

(5) If part of the land the office building is part of is in a class of real property other than the commercial property class or the office building property class, the share of the assessed value that is attributable to the land described in subsection (2) shall be determined in accordance with the following:

where,

“Share of assessed value” means the assessed value of the land in the office building property class;

“Assessed value of land” means the assessed value attributable to the part of the land that is in the commercial property class or that, but for this section, would otherwise be in the commercial property class;

“Rentable area” means the rentable area, measured in square feet, of the parts of the office building and other structures on the land that are in the commercial property class or that, but for this section, would otherwise be in the commercial property class.

O. Reg. 282/98, s. 11 (5).

(6) For the purposes of this section, the following shall be deemed not to be in the commercial property class:

1. A hotel as defined in the Hotel Registration of Guests Act.

2. A shopping centre within the meaning of subsection 12 (3).  O. Reg. 282/98, s. 11 (6).

(7) For the purposes of this section, rentable area shall be determined in accordance with the Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996, approved by the American National Standards Institute, Inc. on June 7, 1996 and published by the Building Owners and Managers Association International.  O. Reg. 282/98, s. 11 (7).

(8) The council of a municipality that passed a by-law opting to have the office building property class apply may pass a by-law opting to have the class cease to apply but such a by-law does not apply with respect to a taxation year unless the by-law is passed on or before the last day for passing a by-law opting to have the property class apply for that taxation year.  O. Reg. 282/98, s. 11 (8).

(9) The following are deemed to be in the office building property class for 1999 and subsequent taxation years:

1. Land at the Darlington Generation Station not included in the commercial property class that is used as a field office for site construction.

2. Land at the Pickering Generation Station that is the portion of the Engineering Services Building that is not included in the commercial property class.  O. Reg. 198/04, s. 5 (2).

Shopping Centre Property Class

12. (1) The shopping centre property class applies within a municipality, the council of which is required to pass a by-law establishing tax ratios under section 308 of the Municipal Act, 2001, only if the council of the municipality has passed a by-law opting to have the shopping centre property class apply within the municipality.  O. Reg. 282/98, s. 12 (1); O. Reg. 198/04, s. 6.

(2) The shopping centre property class consists of the rentable area of a shopping centre that would otherwise be in the commercial property class that exceeds 25,000 square feet.  O. Reg. 282/98, s. 12 (2).

(3) The following apply for the purposes of subsection (2):

1. “Shopping centre” means,

i. a structure with at least three units that are used primarily to provide goods or services directly to the public and that have different occupants, or

ii. a structure used primarily to provide goods or services directly to the public if the structure is attached to a structure described in subparagraph i on another parcel of land.

2. “Shopping centre” does not include any part of an office building within the meaning of subsection 11 (3).  O. Reg. 282/98, s. 12 (3).

(4) If all of the land the shopping centre is part of is in the commercial property class and the shopping centre property class, the share of the assessed value that is attributable to land described in subsection (2) shall be determined in accordance with the following:

where,

“Share of assessed value” means the assessed value of the land in the shopping centre property class;

“Assessed value of land” means the assessed value of the land;

“Rentable area” means the rentable area, measured in square feet, of the shopping centre and other structures on the land.

O. Reg. 282/98, s. 12 (4).

(5) If part of the land the shopping centre is part of is in a class of real property other than the commercial property class or the shopping centre property class, the share of the assessed value that is attributable to land described in subsection (2) shall be determined in accordance with the following:

where,

“Share of assessed value” means the assessed value of the land in the shopping centre property class;

“Assessed value of land” means the assessed value attributable to the part of the land that is in the commercial property class or that, but for this section, would otherwise be in the commercial property class;

“Rentable area” means the rentable area, measured in square feet, of the parts of the shopping centre and other structures on the land that are in the commercial property class or that, but for this section, would otherwise be in the commercial property class.

O. Reg. 282/98, s. 12 (5).

(6) For the purposes of this section, the following shall be deemed not to be in the commercial property class:

1. A hotel as defined in the Hotel Registration of Guests Act.

2. An office building within the meaning of subsection 11 (3).  O. Reg. 282/98, s. 12 (6).

(7) For the purposes of this section, rentable area shall be determined in accordance with the Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-1996, approved by the American National Standards Institute, Inc. on June 7, 1996 and published by the Building Owners and Managers Association International.  O. Reg. 282/98, s. 12 (7).

(8) The council of a municipality that passed a by-law opting to have the shopping centre property class apply may pass a by-law opting to have the class cease to apply but such a by-law does not apply with respect to a taxation year unless the by-law is passed on or before the last day for passing a by-law opting to have the property class apply for that taxation year.  O. Reg. 282/98, s. 12 (8).

Parking Lots and Vacant Land Property Class

13. (1) The parking lots and vacant land property class applies within a municipality, the council of which is required to pass a by-law establishing tax ratios under section 308 of the Municipal Act, 2001, only if the council of the municipality has passed a by-law opting to have the parking lots and vacant land property class apply within the municipality.  O. Reg. 282/98, s. 13 (1); O. Reg. 198/04, s. 7.

(2) The parking lots and vacant land property class consists of the following land that would otherwise be in the commercial property class:

1. A parcel of land used exclusively for the parking of vehicles.

2. Vacant land.

3. Land that is a railyard, owned and used exclusively by a railway company, upon which no building or structure other than railway tracks is located.  O. Reg. 282/98, s. 13 (2).

(3) The council of a municipality that passed a by-law opting to have the parking lots and vacant land property class apply may pass a by-law opting to have the class cease to apply but such a by-law does not apply with respect to a taxation year unless the by-law is passed on or before the last day for passing a by-law opting to have the property class apply for that taxation year.  O. Reg. 282/98, s. 13 (3).

(4) For 2004 and subsequent years, a “railyard” mentioned in paragraph 3 of subsection (2) includes the following land, but does not include buildings or structures on the land:

1. Land used for marshalling railway rolling stock.

2. Land used in the loading, unloading and temporary holding of railway rolling stock or freight carried on a railway vehicle.  O. Reg. 349/03, s. 1.

Large Industrial Property Class

14. (1) The large industrial property class applies within a municipality, the council of which is required to pass a by-law establishing tax ratios under section 308 of the Municipal Act, 2001, only if the council of the municipality has passed a by-law opting to have the large industrial property class apply within the municipality.  O. Reg. 282/98, s. 14 (1); O. Reg. 198/04, s. 8 (1).

(2) The large industrial property class consists of the following land that would otherwise be in the industrial property class:

1. A parcel or a portion of a parcel of land that is occupied by the same single occupant, if the total exterior measured area of the building or buildings or the parts of the building or buildings that are occupied by that occupant is greater than 125,000 square feet.

2. Revoked:  O. Reg. 124/04, s. 1.

3. Grain elevators that have a storage capacity of 1,000,000 bushels or more.

4. Land, the assessed value of which is greater than the total assessed value of all other land in the municipality that has passed the by-law that is in the industrial property class or that, but for this section, would otherwise be in the industrial property class.  O. Reg. 282/98, s. 14 (2); O. Reg. 124/04, s. 1.

(3) For the purposes of this section,

“exterior measured area” means the exterior measured area of all floors including basements and mezzanines.  O. Reg. 282/98, s. 14 (3).

(4) The council of a municipality that passed a by-law opting to have the large industrial property class apply may pass a by-law opting to have the class cease to apply but such a by-law does not apply with respect to a taxation year unless the by-law is passed on or before the last day for passing a by-law opting to have the property class apply for that taxation year.  O. Reg. 282/98, s. 14 (4).

(5) Land at the Darlington Generation Station described in Column 1 of the following Table that is used as described in Column 2 opposite the description of the land is deemed to be in the large industrial property class for 1999 and subsequent taxation years:

 

Column 1 — Description of Land

Column 2 — Use

Warehouse

Surplus Office Equipment and Furniture Storage

Main Warehouse

Main Storage for Plant Wares and Materials

Warehouse Annex

Warehouse Record Processing and Shipping and Receiving

O. Reg. 198/04, s. 8 (2).

Professional Sports Facility Property Class

14.1 (1) The professional sports facility property class applies within a municipality, the council of which is required to pass a by-law establishing tax ratios under section 308 of the Municipal Act, 2001, only if the council has passed a by-law opting to have the professional sports facility property class apply within the municipality.  O. Reg. 174/00, s. 2; O. Reg. 198/04, s. 9.

(2) Subject to subsection (3), the professional sports facility property class shall include the property identified by the following roll numbers:

 

Item

Facility

Roll number

1.

Corel Centre

0630  000  816  00405 0000

 

 

0630  000  816  00410 0000

 

 

0630  000  816  00415 0000

 

 

0630  000  816  00420 0000

 

 

0630  000  816  00425 0000

 

 

0630  000  816  00430 0000

 

 

0630  000  816  00435 0000

 

 

0630  000  816  00440 0000

 

 

0630  000  816  00445 0000

 

 

0630  000  816  00450 0000

 

 

0630  000  816  00455 0000

2.

Air Canada Centre

1904  061  120  00120 0000

3.

Maple Leaf Gardens

1904  068  050  00100 0000

4.

SkyDome

1904  062  060  00100 0000

 

 

1904  062  061  01200 0000

O. Reg. 174/00, s. 2.

(3) The professional sports facility property class shall not include any portion of the property where goods or services are offered to the public on a regular basis on non-event days.  O. Reg. 174/00, s. 2.

(4) Subsection (3) does not apply to any portion of the property,

(a) used as a parking lot; or

(b) occupied by food or merchandise concessions that are only open for business when an event is being staged or held on the property.  O. Reg. 174/00, s. 2.

(5) In this section,

“non-event days” means days on which a sports event is not being held by a professional sports team that uses the property;

“professional sports team” means a team that is a member of the Canadian Football League, National Basketball Association, National Hockey League, Major League Baseball or the National Lacrosse League;

“services” does not include public tours of the property.  O. Reg. 174/00, s. 2.

(6) The council of a municipality that passed a by-law opting to have the professional sports facility property class apply may pass a by-law opting to have the class cease to apply but such by-law does not apply with respect to a taxation year unless the by-law is passed on or before the last day for passing a by-law opting to have the property class apply for that taxation year.  O. Reg. 174/00, s. 2.

(7) Paragraph 13 of section 2 and this section apply with respect to the 2000 and subsequent taxation years.  O. Reg. 174/00, s. 2.

Resort Condominium Property Class

14.2 (1) The resort condominium property class applies within a municipality, the council of which is required to pass a by-law establishing tax ratios under section 308 of the Municipal Act, 2001, only if the council has passed a by-law opting to have the resort condominium property class apply within the municipality.  O. Reg. 211/05, s. 1.

(2) The resort condominium property class shall include land in respect of which all of the following criteria are satisfied:

1. The land is a unit or proposed unit in a condominium.

2. The unit is self-contained and furnished and is operated or managed in a manner to provide transient living accommodation for a fee or charge for minimum periods of less than 30 days.

3. The unit is located in a local municipality with a population of 10,000 or less, as reported by Statistics Canada in the most recent official census.

4. The unit is located within the boundaries of a resort which is operated year-round and which contains, or is adjacent to, a downhill ski complex and an 18-hole golf course.

5. A special Act requires the owner of the unit to be a member of a non-profit corporation without share capital that is established or continued by the special Act.  One of the corporation’s objects is the maintenance and management of the resort land for which, pursuant to the special Act and the corporation’s by-laws, the corporation has responsibility.  Under the special Act, the corporation has the power to pass by-laws controlling the use of that resort land.  O. Reg. 211/05, s. 1.

(3) The council of a municipality that passed a by-law opting to have the resort condominium property class apply may pass a by-law opting to have the class cease to apply; however, the by-law does not apply with respect to a taxation year unless the by-law is passed on or before the last day for passing a by-law opting to have the property class apply for that taxation year.  O. Reg. 211/05, s. 1.

(4) This section applies with respect to the 2005 and subsequent taxation years.  O. Reg. 211/05, s. 1.

(5) In this section,

“proposed unit” has the same meaning as in the Condominium Act, 1998;

“unit” has the same meaning as in the Condominium Act, 1998.  O. Reg. 211/05, s. 1.

Buildings, Structures that become Vacant

15. (1) This section applies with respect to land if,

(a) a building or structure has been built on the land;

(b) no part of the building or structure is being used but at least part of the building or structure was used at some point since being built; and

(c) the building or structure is not substantially unusable.  O. Reg. 282/98, s. 15 (1).

(2) For the 1998 taxation year, the most recent use of the land shall be deemed, for the purposes of classification under this Part, to continue.  O. Reg. 282/98, s. 15 (2).

(3) For the 1999 and subsequent taxation years, the land shall be classified in the property class in which it was classified for the previous taxation year.  O. Reg. 282/98, s. 15 (3).

Mobile Homes

16. Mobile homes used for residential purposes and the land they are on are included in the residential property class and not in the multi-residential property class or the new multi-residential property class even if there are seven or more mobile homes on the land.  O. Reg. 282/98, s. 16; O. Reg. 363/03, s. 6.

Hotels

17. (1) A hotel is included in the commercial property class and not in any other property class.  O. Reg. 282/98, s. 17 (1).

(2) In this section,

“hotel” means,

(a) a hotel as defined in the Hotel Registration of Guests Act, or

(b) land,

(i) that would otherwise be in the multi-residential property class or new multi-residential property class or that is a unit as defined in the Condominium Act, 1998, and

(ii) that contains one or more furnished, self-contained units operated or managed in a manner to provide transient living accommodation for a fee or charge for minimum periods of less than 30 days.  O. Reg. 348/03, s. 1; O. Reg. 211/05, s. 2.

(3) Clause (2) (b) applies for 2004 and subsequent years.  O. Reg. 348/03, s. 1.

Application of Part

18. This Part applies with respect to the 1998 and subsequent taxation years.  O. Reg. 282/98, s. 18.

PART III
SUBCLASSES OF REAL PROPERTY

Farm Land awaiting Development

19. (1) Two subclasses for farm land awaiting development are prescribed for each of the following classes of real property:

1. The residential property class.

2. The multi-residential property class.

3. The commercial property class.

4. The industrial property class.  O. Reg. 282/98, s. 19 (1); O. Reg. 363/03, s. 7.

(2) The first subclass for farmland awaiting development, for each class of real property, consists of land in the class of real property that satisfies the following requirements:

1. The land is used solely for farm purposes.

2. Subsection 19 (5) of the Act would have applied to the land in the absence of subsection 19 (5.4) of the Act and section 45 of this Regulation.

3. There is no building permit for construction on the land other than for a building or structure to be used solely for farm purposes, a residence described in subsection 19 (5) of the Act or a building prescribed for the purposes of that subsection.  O. Reg. 282/98, s. 19 (2).

(3) The second subclass for farmland awaiting development, for each class of real property, consists of land in the class of real property that would be in the first subclass except that there is a building permit, as described in paragraph 3 of subsection (2), for construction on the land.  O. Reg. 282/98, s. 19 (3).

Vacant Land

20. (1) A subclass for vacant land is prescribed for each of the commercial property class and the industrial property class.  O. Reg. 282/98, s. 20 (1).

(2) The subclass for vacant land for the commercial property class consists of the following land in the commercial property class:

1. Vacant land.

2. Land that is a railyard, owned and used exclusively by a railway company, upon which no building or structure other than railway tracks is located.  O. Reg. 282/98, s. 20 (2).

(3) The subclass for vacant land for the industrial property class consists of the following land in the industrial property class:

1. Vacant land.

2. Subject to subsection (4), land used for a mine tailings management area pursuant to,

i. a closure plan for a mine under the Mining Act, or

ii. a licence to decommission a mine under the Nuclear Safety and Control Act (Canada), in the case of a uranium mine.  O. Reg. 347/03, s. 1.

(4) Despite subsection (3), land described in paragraph 2 of that subsection is included in the subclass for vacant land for the industrial property class,

(a) only for 2004 and subsequent years; and

(b) only if all mining activity at the mine has permanently ceased.  O. Reg. 347/03, s. 1.

(5) For 2004 and subsequent years, a “railyard” mentioned in paragraph 2 of subsection (2) includes the following land, but does not include buildings or structures on the land:

1. Land used for marshalling railway rolling stock.

2. Land used in the loading, unloading and temporary holding of railway rolling stock or freight carried on a railway vehicle.  O. Reg. 349/03, s. 2.

Excess Land

21. (1) A subclass for excess land is prescribed for each of the following classes of real property:

1. The commercial property class.

2. The industrial property class.

3. The office building property class.

4. The shopping centre property class.

5. The large industrial property class.  O. Reg. 45/02, s. 3.

(2) The office building property class and the shopping centre property class are prescribed for the purposes of subparagraph 3 i of subsection 8 (1) of the Act and the large industrial property class is prescribed for the purposes of subparagraph 3 ii of subsection 8 (1) of the Act.  O. Reg. 45/02, s. 3.

(3) A portion of a parcel of land is included in the subclass for excess lands for a class of real property if,

(a) it has not been developed in any way, other than to service the parcel of land;

(b) it is not being used other than for farming purposes; and

(c) it is in excess of the municipal requirement for any existing development elsewhere on the parcel.  O. Reg. 45/02, s. 3.

(4) A portion of a parcel of land is included in the subclass for excess land for the commercial property class if,

(a) it is a rail yard owned and used exclusively by a railway company; and

(b) no building or structure is located on it, other than railway tracks.  O. Reg. 45/02, s. 3.

(5) This section applies with respect to the 2001 and subsequent taxation years.  O. Reg. 45/02, s. 3.

22. Revoked:  O. Reg. 45/02, s. 3.

Application of Part

23. This Part applies with respect to the 1998 and subsequent taxation years.  O. Reg. 282/98, s. 23.

PART IV
EXEMPT CONSERVATION LAND

Determination of Conservation Land

24. For the purposes of paragraph 25 of subsection 3 (1) of the Act,

“conservation land” means land that is eligible conservation land under section 26 of this Regulation.  O. Reg. 388/04, s. 1.

25. (1) Land, excluding any portion of the land that has a building or other improvement on it, is eligible to be classified as eligible conservation land if,

(a) it satisfies the requirements of subsection (2) or (3); and

(b) it is maintained in a manner that contributes to the natural heritage and the biodiversity objectives for conserving the land.  O. Reg. 388/04, s. 1.

(2) For the purposes of clause (1) (a), the land satisfies the requirements of this subsection if it satisfies one of the following conditions:

1. The land is identified by the Minister of Natural Resources as provincially significant wetland on the basis of the wetland evaluation system set out in the Ministry of Natural Resources document entitled “Ontario Wetland Evaluation System Southern Manual” (3rd edition), dated March, 1993, as revised in May, 1994 and December, 2002, or in the Ministry of Natural Resources document titled “Ontario Wetland Evaluation System Northern Manual” (1st edition), dated March, 1993, as revised in May, 1994 and December, 2002.

2. The land is identified by the Minister of Natural Resources as a provincially significant area of natural and scientific interest using the criteria set out in the Ministry of Natural Resources document entitled “A Framework for the Conservation of Ontario’s Biological Heritage”, dated May, 1980, or in the Ministry of Natural Resources document titled “A Framework for the Conservation of Ontario’s Earth Science Features”, dated October, 1981.

3. The land is identified by the Minister of Natural Resources as a habitat of the endangered species listed in Regulation 328 of the Revised Regulations of Ontario, 1990 (Endangered Species) made under the Endangered Species Act, using the criteria set out in the Ministry of Natural Resources document entitled “Guidelines for Mapping Endangered Species Habitats under the Conservation Land Tax Incentive Program”, as it may be amended from time to time and set out in a Decision Notice posted on the environmental registry under the Environmental Bill of Rights, 1993.

4. The land is designated as an escarpment natural area in the Niagara Escarpment Plan under the Niagara Escarpment Planning and Development Act.  O. Reg. 388/04, s. 1.

(3) For the purposes of clause (1) (a), the land satisfies the requirements of this subsection if the land is owned by a registered charity, within the meaning of subsection 248 (1) of the Income Tax Act (Canada), one of whose primary objectives is natural heritage conservation or by a conservation authority established under the Conservation Authorities Act and the land satisfies one of the following conditions:

1. It is designated as an escarpment protection area in the Niagara Escarpment Plan under the Niagara Escarpment Planning and Development Act.

2. It is located within a Featured Area and contributes to the natural heritage protection objectives established for the Featured Area as set out in the “Ontario Living Legacy Land Use Strategy, July 1999”, published by the Queen’s Printer.

3. It is a natural heritage feature or area that meets the criteria of the natural heritage provisions of the Provincial Policy Statement as issued and re-issued under section 3 of the Planning Act.

4. It is identified by the Minister of Natural Resources as a regionally significant area of natural and scientific interest using the criteria set out in the Ministry of Natural Resources document entitled “A Framework for the Conservation of Ontario’s Biological Heritage”, dated May, 1980, or in the Ministry of Natural Resources document entitled “A Framework for the Conservation of Ontario’s Earth Science Features”, dated October, 1981.

5. It is a habitat of species of special concern, as designated by the Ministry of Natural Resources, based on the criteria in the “Categories and Criteria for Status Assessment” of the Committee on the Status of Species at Risk in Ontario.

6. It is identified as having species occurrences or ecological communities with an S-Rank designation of S1-S3, as determined by the Natural Heritage Information Centre of the Ministry of Natural Resources.

7. It is designated as a natural core area, natural linkage area or countryside in the Oak Ridges Moraine Conservation Plan under the Oak Ridges Moraine Conservation Act, 2001.

8. It is a natural heritage area identified within a regional or watershed plan or strategy developed by a conservation authority under the Conservation Authorities Act or by another public agency under another provincial or federal statute.

9. It is designated as an environmentally sensitive area, environmentally significant area, environmental protection area, natural heritage system or another area with an equivalent designation within a municipal official plan or zoning by-law under the Planning Act.

10. It is within, abuts or abuts a road allowance that abuts a provincial park, national park, conservation reserve or provincial wildlife area and contributes significantly to the natural heritage objectives of the park, reserve or wildlife area.

11. It is an area identified under the Great Lakes Wetlands Conservation Action Plan described in the “Great Lakes Wetlands Conservation Action Plan Highlights Report (2000-2003)”, published by Environment Canada.  O. Reg. 388/04, s. 1.

(4) Despite paragraph 10 of subsection (3), no part of the land that is more than 1,000 metres from the boundary of the park, reserve or wildlife area is eligible to be classified as eligible conservation land.  O. Reg. 388/04, s. 1.

26. Land is eligible conservation land for a taxation year if the following requirements are met:

1. The land is eligible under section 25 to be classified as eligible conservation land for the taxation year.

2. The owner submits a completed application to the Minister of Natural Resources for designation of the land under this section for the taxation year and the application is submitted,

i. on or before February 28, 2005, if the land is described in subsection 25 (3) and the application relates to the 2005 taxation year, or

ii. on or before July 31 of the previous year, in any other case.

3. In the application, the owner undertakes,

i. not to engage in activities during the taxation year that are inconsistent with the natural heritage and biodiversity objectives for conserving the land,

ii. to allow a person selected by the Minister of Natural Resources to inspect the land, and

iii. to co-operate with the person described in subparagraph ii in the course of the inspection.

4. The Minister of Natural Resources designates the land for the taxation year for the purposes of this section.

5. The owner does not breach any undertaking given in the application.  O. Reg. 388/04, s. 1.

Application of Part

27. This Part applies with respect to the 1999 and subsequent taxation years.  O. Reg. 46/99, s. 1.

Part iv.1 (s. 28) Revoked:  O. Reg. 242/04, s. 1.

PART V
DISPUTES RELATING TO THE FARM PROPERTY CLASS

Definitions

29. In this Part,

“Administrator” means the Minister of Agriculture, Food and Rural Affairs or the employee of the Ministry of Agriculture, Food and Rural Affairs to whom the Minister has delegated his or her powers under this Part;

“same-sex partner” has the same meaning as in Part III of the Family Law Act;

“spouse” has the same meaning as in Part III of the Family Law Act;

“Tribunal” means,

(a) before December 22, 1999, the Farm Organizations Accreditation Tribunal, and

(b) on and after December 22, 1999, the Agricultural, Food and Rural Affairs Appeal Tribunal.  O. Reg. 282/98, s. 29; O. Reg. 105/00, s. 2; O. Reg. 45/02, s. 4.

Requests for Reconsideration under Section 39.1 of the Act

30. (1) A person who has received a notice of assessment under the Act in respect of land that is not classified in the farm property class may request, under subsection 39.1 (1) of the Act, a reconsideration as to whether the land should be classified in the farm property class, but the request must be made to the Administrator and not to the assessment corporation.  O. Reg. 363/03, s. 8; O. Reg. 419/04, s. 3 (1).

(2) For the 2000 and subsequent taxation years, a request may not be made under subsection (1) after December 31 of the year in respect of which the request is made.  O. Reg. 356/00, s. 5.

(3) Section 39.1 of the Act applies with respect to a request described in subsection (1) with the following modifications:

1. References to the assessment corporation or the assessor shall be deemed to be references to the Administrator.

2. If the Administrator is required to give notice of a settlement to the municipality under subsection 39.1 (5) of the Act, the Administrator shall also give notice of the settlement to the assessment corporation.

3. Section 31 applies, with necessary modifications, with respect to the application of section 40 of the Act under subsection 39.1 (8) of the Act.

4. If the current value of the land has not been determined in accordance with subsection 19 (5) of the Act for the taxation year, no settlement may be agreed to by the Administrator unless it is determined that the current value of the land should be determined in accordance with subsection 19 (5) of the Act either,

i. by a settlement under section 39.1 of the Act agreed to by the assessment corporation, or

ii. by a decision by the Assessment Review Board under section 40 of the Act or a decision by the court on appeal from such a decision.  O. Reg. 282/98, s. 30 (3); O. Reg. 419/04, s. 3 (2-4).

Complaints under Section 40 of the Act

31. The following apply with respect to a complaint under subsection 40 (1) of the Act that raises an issue as to whether land should be classified as land in the farm property class:

1. If the applicability of subsection 19 (5) of the Act to the land is in issue, the Assessment Review Board shall determine that issue and, if necessary as a result of that determination, redetermine the current value of the land.  The application of subsection 19 (5) of the Act shall be deemed to be in issue if the current value of the land was not determined in accordance with that subsection.

2. If, after the determination under paragraph 1, there is still an issue as to whether the land should be classified as land in the farm property class, the Assessment Review Board shall refer the issue to the Tribunal.

3. The Tribunal shall hold a hearing to determine whether the land should be classified as land in the farm property class.  Upon determining the issue, the Tribunal shall give the parties and the Assessment Review Board a copy of its decision.

4. The parties to the hearing by the Tribunal are as provided under subsection 40 (5) of the Act except that the Administrator is a party instead of the assessment corporation.  Subsection 40 (7) of the Act applies to the Tribunal but a party added by the Tribunal is a party only to the hearing by the Tribunal.

5. The Tribunal shall give notice of the hearing by the Tribunal to the parties at least 14 days before the date fixed for the hearing.

6. The Assessment Review Board shall determine any remaining issues in accordance with section 40 of the Act.

7. The decision of the Tribunal shall be deemed to be a decision of the Assessment Review Board for the purposes of subsection 40 (12) of the Act.

8. Subsection 40 (13) of the Act applies with respect to the Tribunal.

9. The Tribunal may state a case under section 43 of the Act with respect to issues referred to it.

10. Section 43.1 of the Act applies with respect to decisions of the Tribunal.  O. Reg. 282/98, s. 31; O. Reg. 363/03, s. 9; O. Reg. 419/04, s. 4.

32. Revoked:  O. Reg. 419/04, s. 5.

PART VI
DISPUTES RELATING TO THE MANAGED FORESTS PROPERTY CLASS

Definitions

33. In this Part,

“Administrator” means the Minister of Natural Resources or the employee of the Ministry of Natural Resources to whom the Minister has delegated his or her powers under this Part;

“Commissioner” means the Mining and Lands Commissioner appointed under the Ministry of Natural Resources Act.  O. Reg. 282/98, s. 33.

Requests for Reconsideration under Section 39.1 of the Act

34. (1) A person who has received a notice of assessment under the Act in respect of land that is not classified in the managed forests property class may request, under subsection 39.1 (1) of the Act, a reconsideration as to whether the land should be classified in the managed forests property class but such a request must be made to the Administrator and not the assessment commissioner.  O. Reg. 282/98, s. 34 (1).

(2) For the 2000 and subsequent taxation years, a request may not be made under subsection (1) after December 31 of the year in respect of which the request is made.  O. Reg. 356/00, s. 6.

(3) Section 39.1 of the Act applies with respect to a request described in subsection (1) with the following modifications:

1. References to the assessment commissioner or the assessor shall be deemed to be references to the Administrator.

2. If the Administrator is required to give notice of a settlement to the Assessment Review Board under subsection 39.1 (5) of the Act, the Administrator shall also give notice of the settlement to the assessment commissioner.

3. Section 35 applies, with necessary modifications, with respect to the application of section 40 of the Act under subsection 39.1 (8) of the Act.

4. If a settlement is agreed to that the land be classified in the managed forest property class, the person who requested the settlement shall be deemed to have requested the assessment commissioner, under section 39.1 of the Act, to re-determine the current value of the land in accordance with subsection 19 (5.2) of the Act.  O. Reg. 282/98, s. 34 (3).

Complaints under Section 40 of the Act

35. The following apply with respect to a complaint under subsection 40 (1) of the Act that raises an issue as to whether land should be classified as land in the managed forests property class:

1. The Assessment Review Board shall refer the issue as to whether the land should be classified as land in the managed forests property class to the Commissioner.

2. The Commissioner shall hold a hearing to determine whether the land should be classified as land in the managed forests property class.  Upon determining the issue, the Commissioner shall give the parties and the Assessment Review Board a copy of its decision.

3. The parties to the hearing by the Commissioner are as provided under subsection 40 (5) of the Act except that the Administrator is a party instead of the assessment commissioner.  Subsection 40 (7) of the Act applies to the Commissioner but a party added by the Commissioner is a party only to the hearing by the Commissioner.

4. The procedure that applies under the following provisions of the Mining Act with respect to matters under that Act shall apply, with necessary modifications, with respect to the hearing by the Commissioner under paragraph 2,

i. subsections 114 (2), (3) and (4),

ii. sections 115, 116, 118 to 122 and 125 to 128, and

iii. subsection 129 (1).

5. The Assessment Review Board shall determine any remaining issues in accordance with section 40 of the Act including any redetermination of the current value of the land necessary as a result of subsection 19 (5.2) of the Act becoming or ceasing to be applicable as a result of a change in the classification of the land.

6. The decision of the Commissioner shall be deemed to be a decision of the Assessment Review Board for the purposes of subsection 40 (12) of the Act.

7. Subsection 40 (13) of the Act applies with respect to the Commissioner.

8. The Commissioner may state a case under section 43 of the Act with respect to issues referred to it.

9. Section 43.1 of the Act applies with respect to decisions of the Commissioner.  O. Reg. 282/98, s. 35.

Special Consideration for 1998 if Deadline Missed

36. (1) For the 1998 taxation year, the Administrator, on a request described in subsection 34 (1), shall agree to a settlement classifying the land in the managed forests property class if,

(a) subsection 9 (5) has been complied with but paragraph 1 of subsection 9 (11) applied and the deadline under that paragraph was missed;

(b) the land would have been classified as land in the managed forests property class if the deadline had not been missed; and

(c) in the Administrator’s opinion, there are mitigating circumstances explaining why the deadline was missed.  O. Reg. 282/98, s. 36 (1).

(2) For the 1998 taxation year, the Commissioner, on a complaint described in section 35, shall make a determination that the land should be classified in the managed forests property class if,

(a) clauses (1) (a) and (b) are satisfied; and

(b) in the Commissioner’s opinion, there are mitigating circumstances explaining why the deadline was missed.  O. Reg. 282/98, s. 36 (2).

PART VII
DISPUTES RELATING TO CONSERVATION LAND

Definitions

37. In this Part,

“Administrator” means the Minister of Natural Resources or the employee of the Ministry of Natural Resources to whom the Minister has delegated his or her powers under this Part;

“Commissioner” means the Mining and Lands Commissioner appointed under the Ministry of Natural Resources Act.  O. Reg. 282/98, s. 37.

Requests for Reconsideration under Section 39.1 of the Act

38. (1) A person who has received a notice of assessment under the Act in respect of land may request, under subsection 39.1 (1) of the Act, a reconsideration as to whether the land is conservation land but such a request must be made to the Administrator and not the assessment commissioner.  O. Reg. 282/98, s. 38 (1).

(2) A request may not be made under subsection (1) after the expiry of the time limit for making a complaint to the Assessment Review Board under subsection 40 (2) of the Act.  O. Reg. 282/98, s. 38 (2).

(3) Section 39.1 of the Act applies with respect to a request described in subsection (1) with the following modifications:

1. References to the assessment commissioner or the assessor shall be deemed to be references to the Administrator.

2. If the Administrator is required to give notice of a settlement to the Assessment Review Board under subsection 39.1 (5) of the Act, the Administrator shall also give notice of the settlement to the assessment commissioner.

3. Section 39 applies, with necessary modifications, with respect to the application of section 40 of the Act under subsection 39.1 (8) of the Act.

4. If a settlement is agreed to that the land is conservation land, the person who requested the settlement shall be deemed to have requested the assessment commissioner, under section 39.1 of the Act, to re-determine the current value of the land in accordance with subsection 19 (5.2) of the Act.  O. Reg. 282/98, s. 38 (3).

Complaints under Section 40 of the Act

39. Any person, including a municipality or school board, may make a complaint under subsection 40 (1) of the Act that land is or is not conservation land and the following apply with respect to such a complaint:

1. The Assessment Review Board shall refer the issue as to whether the land is conservation land to the Commissioner.

2. The Commissioner shall hold a hearing to determine whether the land is conservation land.  Upon determining the issue, the Commissioner shall give the parties and the Assessment Review Board a copy of its decision.

3. The parties to the hearing by the Commissioner are as provided under subsection 40 (5) of the Act except that the Administrator is a party instead of the assessment commissioner.  Subsection 40 (7) of the Act applies to the Commissioner but a party added by the Commissioner is a party only to the hearing by the Commissioner.

4. The procedure that applies under the following provisions of the Mining Act with respect to matters under that Act shall apply, with necessary modifications, with respect to the hearing by the Commissioner under paragraph 2,

i. subsections 114 (2), (3) and (4),

ii. sections 115, 116, 118 to 122 and 125 to 128, and

iii. subsection 129 (1).

5. The Assessment Review Board shall determine any remaining issues in accordance with section 40 of the Act including any redetermination of the current value of the land necessary as a result of subsection 19 (5.2) of the Act becoming or ceasing to be applicable as a result of the determination as to whether or not the land is conservation land.

6. The decision of the Commissioner shall be deemed to be a decision of the Assessment Review Board for the purposes of subsection 40 (12) of the Act.

7. Subsection 40 (13) of the Act applies with respect to the Commissioner.

8. The Commissioner may state a case under section 43 of the Act with respect to issues referred to it.

9. Section 43.1 of the Act applies with respect to decisions of the Commissioner.  O. Reg. 282/98, s. 39.

Special Consideration if Deadline Missed

40. (1) The Administrator, on a request described in subsection 38 (1), shall agree to a settlement determining that the land is conservation land if,

(a) the requirements for the land to be conservation land have been complied with except that the deadline for submitting an application for designation of the land as conservation land was missed;

(b) the land would have been conservation land if the deadline had not been missed; and

(c) in the Administrator’s opinion, there are mitigating circumstances explaining why the deadline was missed.  O. Reg. 46/99, s. 2.

(2) The Commissioner, on a complaint described in section 39, shall make a determination that the land is conservation land if,

(a) clauses (1) (a) and (b) are satisfied; and

(b) in the Commissioner’s opinion, there are mitigating circumstances explaining why the deadline was missed.  O. Reg. 46/99, s. 2.

PART VIII
ASSESSMENT OF PIPE LINES

41. (1) For the 1998, 1999 and 2000 taxation years, the assessed value of a pipe line shall be determined as follows:

1. The length of the pipe line in feet shall be multiplied by the applicable rate in Table 1, 2 or 3 of this Part.  Table 1 applies to offshore pipe lines.  Table 2 applies to plastic field gathering pipe lines and plastic gas distribution pipe lines.  Table 3 applies to other pipelines.

2. The amount determined under paragraph 1 shall be depreciated by reducing the amount by the applicable percentage in Table 4 of this Part.

3. After the reduction under paragraph 2, $250 shall be added for each connection to an end user.  O. Reg. 282/98, s. 41 (1); O. Reg. 679/00, s. 1 (2).

(2) If Table 1, 2 or 3 applies but the outside diameter of the pipe line is not included in the Table, the applicable rate for the purposes of paragraph 1 of subsection (1) is the rate for the closest outside diameter or range of outside diameter that is included in the Table.  O. Reg. 282/98, s. 41 (2).

41.1 (1) For the purposes of determining the assessed value of a pipe line in a right-of-way or easement for the 1998 or a subsequent taxation year, the rate in the Table under this Part that would otherwise apply for the year to the pipe line shall be reduced by 25 per cent of that rate, if the pipe line is not the primary pipe line in the right-of-way or easement.  O. Reg. 418/02, s. 1.

(2) A pipe line is a primary pipe line in a right-of-way or easement for a taxation year for the purposes of this section if,

(a) it is one of two or more pipe lines occupying the right-of-way or easement in the year; and

(b) it would have the highest assessed value of all the pipe lines in the right-of-way or easement, if the assessed values of the pipe lines were computed for the year without reference to this section.  O. Reg. 418/02, s. 1.

(3) If two or more pipe lines occupying a right-of-way or easement would have the same assessed value for a taxation year if this section did not apply and that assessed value is the highest or the only assessed value for all pipe lines occupying that right-of-way or easement in that year, the primary pipe line in the right-of-way or easement shall be the pipe line that was first in use.  O. Reg. 418/02, s. 1.

42. (1) For the 2001 and 2002 taxation years, the assessed value of a pipe line shall be determined as follows:

1. The length of the pipe line in feet shall be multiplied by the applicable rate in Table 5, 6 or 7 of this Part.  Table 5 applies to offshore pipe lines.  Table 6 applies to plastic field gathering pipe lines and plastic gas distribution pipe lines.  Table 7 applies to other pipe lines.

2. The amount determined under paragraph 1 shall be depreciated by reducing the amount by the applicable percentage in Table 8 for offshore pipe lines and in Table 9 for plastic field gathering pipe lines, plastic gas distribution pipe lines and other pipe lines.

3. After the reduction under paragraph 2, $250 shall be added for each connection to an end user.  O. Reg. 679/00, s. 2 (2).

(2) If Table 5, 6 or 7 applies, but the outside diameter of the pipe line is not included in the Table, the applicable rate for the purposes of paragraph 1 of subsection (1) is the rate for the closest outside diameter or range of outside diameter that is included in the Table.  O. Reg. 679/00, s. 2 (2).

42.1 (1) For the 2003 taxation year, the assessed value of a pipe line shall be determined as follows:

1. The length of the pipe line in feet shall be multiplied by the applicable rate in Table 10, 11 or 12 of this Part.  Table 10 applies to offshore pipe lines.  Table 11 applies to plastic field gathering pipe lines and plastic gas distribution pipe lines.  Table 12 applies to other pipe lines.

2. The amount determined under paragraph 1 shall be depreciated by reducing the amount by the applicable percentage in Table 13 for offshore pipe lines and in Table 14 for plastic field gathering pipe lines, plastic gas distribution pipe lines and other pipe lines.

3. After the reduction under paragraph 2, $250 shall be added for each connection to an end user.  O. Reg. 418/02, s. 2.

(2) If Table 10, 11 or 12 applies, but the outside diameter of the pipe line is not included in the Table, the applicable rate for the purposes of paragraph 1 of subsection (1) is the rate for the closest outside diameter or range of outside diameter that is included in the Table.  O. Reg. 418/02, s. 2.

42.2 (1) For the 2004 taxation year, the assessed value of a pipe line shall be determined as follows:

1. The length of the pipe line in feet shall be multiplied by the applicable rate in Table 15, 16 or 17 of this Part.  Table 15 applies to offshore pipe lines.  Table 16 applies to plastic field gathering pipe lines and plastic gas distribution pipe lines.  Table 17 applies to other pipe lines.

2. The amount determined under paragraph 1 shall be depreciated by reducing the amount by the applicable percentage in Table 18 for offshore pipe lines and in Table 19 for plastic field gathering pipe lines, plastic gas distribution pipe lines and other pipe lines. 

3. After the reduction under paragraph 2, $250 shall be added for each connection to an end user.  O. Reg. 397/03, s. 1.

(2) If Table 15, 16 or 17 applies, but the outside diameter of the pipe line is not included in the Table, the applicable rate for the purposes of paragraph 1 of subsection (1) is the rate for the closest outside diameter or range of outside diameter that is included in the Table.  O. Reg. 397/03, s. 1.

TABLE 1
Offshore Pipe Lines

Outside Diameter (in inches)

Rate (in dollars per foot)

1

2.20

1¼ to 1½

3.70

2 to 2½

6.00

3

9.60

4 to 4½

12.55

5 to 55/8

16.00

6 to less than 8

19.30

8

27.35

O. Reg. 282/98, Part VIII, Table 1.

TABLE 2
Plastic Field Gathering Pipe Lines and Plastic Gas Distribution Pipe Lines

Outside Diameter (in inches)

Rate (in dollars per foot)

.5

1.85

1

2.20

1¼ to 1½

2.55

2 to 2½

3.30

3

5.30

4 to 4½

6.40

6 to less than 8

13.55

8

16.90

O. Reg. 282/98, Part VIII, Table 2.

TABLE 3
Pipe Lines other than Pipe Lines to which Table 1 or 2 Apply

Outside Diameter (in inches)

Rate (in dollars per foot)

¾ to 1

5.45

1¼ to 1½

6.45

2 to 2½

7.55

3

10.85

4 to 4½

12.60

5 to 55/8

14.40

6 to 65/8

16.20

8

20.90

10

24.65

12

31.75

14

38.80

16

50.90

18

60.85

20

67.45

22

79.90

24

94.45

26

106.00

28

124.40

30

132.00

32

153.70

34

169.25

36

183.10

38

198.95

40

213.65

42

233.40

44

256.55

46

279.90

48

292.90

O. Reg. 282/98, Part VIII, Table 3.

TABLE 4
Depreciation Rates

Year of Installation of Pipe Line

Percentage Reduction

1925 or earlier

80

1926

80

1927

79

1928

79

1929

78

1930

77

1931

76

1932

76

1933

75

1934

75

1935

74

1936

74

1937

73

1938

72

1939

71

1940

71

1941

70

1942

70

1943

70

1944

69

1945

68

1946

67

1947

66

1948

66

1949

65

1950

65

1951

64

1952

63

1953

62

1954

62

1955

61

1956

61

1957

60

1958

59

1959

58

1960

58

1961

57

1962

57

1963

56

1964

56

1965

55

1966

54

1967

53

1968

53

1969

52

1970

51

1971

50

1972

49

1973

47

1974

45

1975

42

1976

40

1977

37

1978

35

1979

32

1980

30

1981

27

1982

25

1983

22

1984

20

1985

18

1986

16

1987

14

1988

12

1989

10

1990

9

1991

7

1992

6

1993

4

1994

3

1995

2

1996

1

O. Reg. 282/98, Part VIII, Table 4.

TABLE 5
OFFSHORE PIPE LINES

Outside Diameter (in inches)

Rate (in dollars per foot)

1

2.40

1¼ to 1½

4.05

2 to 2½

6.60

3

9.60

4 to 4½

10.75

5 to 55/8

11.80

6 to less than 8

14.05

8

20.00

O. Reg. 54/01, s. 2.

TABLE 6
PLASTIC FIELD GATHERING PIPE LINES AND PLASTIC GAS DISTRIBUTION PIPE LINES

Outside Diameter (in inches)

Rate (in dollars per foot)

0.5

2.1

1

2.55

1¼ to

2.95

2 to 2.5

3.8

3

6.1

4 to 4.5

7.35

6 to less than 8

15.6

8

19.45

O. Reg. 679/00, s. 3.

TABLE 7
PIPE LINES OTHER THAN PIPE LINES TO WHICH TABLE 5 OR 6 APPLY

Outside Diameter (in inches)

Rate (in dollars per foot)

¾ to 1.0

6.25

1¼ to 1½

7.4

2 to 2½

8.7

3

12.45

4 to 4½

14.5

5 to 55/8

16.55

6 to 65/8

18.65

8

24.05

10

28.45

12

36.5

14

44.6

16

58.55

18

69.95

20

77.55

22

91.9

24

108.6

26

121.90

28

143.05

30

151.8

32

176.75

34

194.65

36

210.55

38

228.8

40

245.7

42

268.4

44

295.05

46

321.9

48

336.85

O. Reg. 679/00, s. 3.

TABLE 8
DEPRECIATION RATES OFFSHORE PIPE LINES

Year of Installation of Pipe Line

Percentage Reduction

1968 or earlier

80

1969

79

1970

78

1971

76

1972

75

1973

73

1974

72

1975

71

1976

70

1977

68

1978

67

1979

66

1980

65

1981

63

1982

62

1983

61

1984

59

1985

57

1986

57

1987

56

1988

54

1989

52

1990

51

1991

49

1992

44

1993

39

1994

33

1995

27

1996

21

1997

15

1998

10

1999

5

2000

0

O. Reg. 679/00, s. 3.

TABLE 9
PIPE LINES OTHER THAN PIPE LINES TO WHICH TABLE 8 APPLIES

Year of Installation of Pipe Line

Percentage Reduction

1928 or earlier

80

1929

80

1930

79

1931

78

1932

78

1933

77

1934

76

1935

76

1936

75

1937

75

1938

74

1939

74

1940

73

1941

72

1942

71

1943

71

1944

70

1945

70

1946

69

1947

69

1948

68

1949

67

1950

66

1951

66

1952

65

1953

65

1954

64

1955

63

1956

62

1957

62

1958

61

1959

61

1960

60

1961

59

1962

58

1963

58

1964

57

1965

57

1966

56

1967

56

1968

55

1969

54

1970

53

1971

53

1972

52

1973

51

1974

50

1975

49

1976

47

1977

45

1978

42

1979

40

1980

37

1981

35

1982

32

1983

30

1984

27

1985

25

1986

22

1987

20

1988

18

1989

16

1990

14

1991

12

1992

10

1993

9

1994

7

1995

6

1996

4

1997

3

1998

2

1999

1

2000

0

O. Reg. 679/00, s. 3; O. Reg. 54/01, s. 3.

TABLE 10
OFFSHORE PIPE LINES

Outside Diameter (in inches)

Rate (in dollars per foot)

1

2.80

1.25 to 1.5

4.75

2 to 2.5

7.75

3

11.25

4 to 4.5

12.60

5 to 55/8

13.85

6 to less than 8

16.5

8

23.5

O. Reg. 418/02, s. 3.

Table 11
PLASTIC FIELD GATHERING PIPE LINES AND PLASTIC GAS DISTRIBUTION PIPE LINES

Outside Diameter (in inches)

Rate (in dollars per foot)

0.5

2.45

1.00

2.95

1.25 to 1.5

3.45

2 to 2.5

4.45

3

7.15

4 to 4.5

8.6

6 to less than 8

18.3

8

22.85

O. Reg. 418/02, s. 3.

Table 12
PIPE LINES OTHER THAN PIPE LINES TO WHICH TABLE 10 OR 11 APPLies

Outside Diameter (in inches)

Rate (in dollars per foot)

0.75 to 1.0

7.3

1.25 to 1.5

8.65

2 to 2.5

10.2

3

14.6

4 to 4.5

17

5 to 55/8

19.4

6 to 65/8

21.9

8

28.25

10

33.4

12

42.85

14

52.40

16

68.75

18

82.15

20

91.1

22

107.95

24

127.6

26

143.2

28

168.05

30

178.35

32

207.65

34

228.7

36

247.35

38

268.8

40

288.65

42

315.35

44

346.65

46

378.20

48

395.75

O. Reg. 418/02, s. 3.

Table 13
DEPRECIATION RATES — OFFSHORE PIPE LINES

Year of Installation of Pipe Line

Percentage Reduction

1970 or earlier

80

1971

79

1972

78

1973

76

1974

75

1975

73

1976

72

1977

71

1978

70

1979

68

1980

67

1981

66

1982

65

1983

63

1984

62

1985

61

1986

59

1987

57

1988

57

1989

56

1990

54

1991

52

1992

51

1993

49

1994

44

1995

39

1996

33

1997

27

1998

21

1999

15

2000

10

2001

5

2002

0

O. Reg. 418/02, s. 3.

Table 14
PIPE LINES OTHER THAN PIPE LINES TO WHICH TABLE 13 APPLIES

Year of Installation of Pipe Line

Percentage Reduction

1933 or earlier

80

1934

79

1935

78

1936

78

1937

78

1938

76

1939

76

1940

75

1941

75

1942

74

1943

73

1944

73

1945

73

1946

71

1947

71

1948

70

1949

69

1950

69

1951

68

1952

68

1953

67

1954

66

1955

65

1956

65

1957

64

1958

64

1959

63

1960

62

1961

61

1962

61

1963

60

1964

60

1965

59

1966

58

1967

57

1968

57

1969

56

1970

56

1971

55

1972

55

1973

54

1974

53

1975

52

1976

52

1977

51

1978

50

1979

49

1980

47

1981

44

1982

42

1983

40

1984

37

1985

35

1986

32

1987

30

1988

27

1989

24

1990

22

1991

20

1992

18

1993

16

1994

14

1995

12

1996

10

1997

8

1998

8

1999

7

2000

4

2001

2

2002

0

O. Reg. 418/02, s. 3.

TABLE 15
OFFSHORE PIPE LINES

Outside Diameter (in inches)

Rate (in dollars per foot)

1

2.97

1.25 to 1.5

5.04

2 to 2.5

8.21

3

11.92

4 to 4.5

13.36

5 to 5⅝

14.68

6 to less than 8

17.49

8

24.91

O. Reg. 397/03, s. 2.

Table 16
PLASTIC FIELD GATHERING PIPE LINES AND PLASTIC GAS DISTRIBUTION PIPE LINES

Outside Diameter (in inches)

Rate (in dollars per foot)

0.5

2.60

1

3.13

1.25 to 1.5

3.66

2 to 2.5

4.72

3

7.58

4 to 4.5

9.12

6 to less than 8

19.40

8

24.22

O. Reg. 397/03, s. 2.

Table 17
PIPE LINES OTHER THAN PIPE LINES TO WHICH TABLE 15 OR 16 APPLies

Outside Diameter (in inches)

Rate (in dollars per foot)

0.75 to 1

7.74

1.25 to 1.5

9.17

2 to 2.5

10.81

3

15.48

4 to 4.5

18.02

5 to 55/8

20.56

6 to 65/8

23.21

8

29.94

10

35.40

12

45.42

14

55.54

16

72.87

18

87.07

20

96.56

22

114.42

24

135.24

26

151.78

28

178.12

30

189.03

32

220.09

34

242.40

36

262.17

38

284.90

40

305.94

42

334.24

44

367.41

46

400.85

48

419.46

O. Reg. 397/03, s. 2.

Table 18
DEPRECIATION RATES — OFFSHORE PIPE LINES

Year of Installation of Pipe Line

Percentage Reduction

1972 or earlier

80

1973

79

1974

78

1975

76

1976

75

1977

73

1978

72

1979

71

1980

70

1981

68

1982

67

1983

66

1984

65

1985

63

1986

62

1987

61

1988

59

1989

57

1990

57

1991

56

1992

54

1993

52

1994

51

1995

49

1996

44

1997

39

1998

33

1999

27

2000

21

2001

15

2002

10

2003

5

2004

0

O. Reg. 397/03, s. 2.

Table 19
PIPE LINES OTHER THAN PIPE LINES TO WHICH TABLE 18 APPLIES

Year of Installation of Pipe Line

Percentage Reduction

1935 or earlier

80

1936

79

1937

78

1938

78

1939

78

1940

76

1941

76

1942

75

1943

75

1944

74

1945

73

1946

73

1947

73

1948

71

1949

71

1950

70

1951

69

1952

69

1953

68

1954

68

1955

67

1956

66

1957

65

1958

65

1959

64

1960

64

1961

63

1962

62

1963

61

1964

61

1965

60

1966

60

1967

59

1968

58

1969

57

1970

57

1971

56

1972

56

1973

55

1974

55

1975

54

1976

53

1977

52

1978

52

1979

51

1980

50

1981

49

1982

47

1983

44

1984

42

1985

40

1986

37

1987

35

1988

32

1989

30

1990

27

1991

24

1992

22

1993

20

1994

18

1995

16

1996

14

1997

12

1998

10

1999

8

2000

8

2001

7

2002

4

2003

2

2004

0

O. Reg. 397/03, s. 2.

PART IX
MISCELLANEOUS

Procedure for School Support Applications

43. (1) An application under subsection 16 (3) of the Act shall be delivered personally or by mail to the assessment commissioner not later than November 1 in the year previous to the taxation year to which the application relates.  O. Reg. 282/98, s. 43 (1).

(2) This section applies with respect to the 1999 and subsequent taxation years.  O. Reg. 282/98, s. 43 (2).

Mine Tailings Management Area

43.1 For 2004 and subsequent years, the current value of land used as a mine tailings management area that is included in the subclass for vacant land for the industrial property class under subsection 20 (3) shall be determined without regard to the value of structures, machinery or fixtures erected or placed on the land for the purposes of environmental protection or pollution control.  O. Reg. 347/03, s. 2.

Other Buildings to which Subsection 19 (5) of the Act Applies

44. (1) A building is prescribed for the purposes of subsection 19 (5) of the Act if,

(a) the building is used primarily to sell farm produce that consists of or includes produce from the farm lands the building is located on or to process such farm produce or manufacture anything from it; or

(b) the building is used to manufacture wine from grapes grown on the farm lands the building is located on, even if the building is not used primarily for that purpose.  O. Reg. 282/98, s. 44 (1).

(2) This section applies with respect to the 1998 and subsequent taxation years.  O. Reg. 282/98, s. 44 (2).

44.1 (1) Land is prescribed for the purposes of subsection 19 (5) of the Act if it is not used by the owner exclusively for recreational or hobby purposes and if one of the following conditions is met:

1. It is used for breeding, raising, boarding, maintaining, training or selling horses.

2. It is used to provide horse trail rides or horse riding lessons on the same parcel of land as other lands or buildings whose value has been determined under that subsection of the Act.  O. Reg. 100/05, s. 2.

(2) This section applies with respect to the 2004 and subsequent taxation years.  O. Reg. 100/05, s. 2.

Subsection 19 (5.4) of the Act — Farm Land Awaiting Development

45. (1) This section prescribes, for the purposes of subsection 19 (5.4) of the Act, circumstances in which subsection 19 (5) of the Act does not apply.  O. Reg. 282/98, s. 45 (1).

(2) Subsection 19 (5) of the Act does not apply to the following:

1. Land included in a plan of subdivision registered under the Land Titles Act or the Registry Act.

2. Land in respect of which there is a building permit for construction on the land other than for a building or structure to be used solely for farm purposes, a residence described in subsection 19 (5) of the Act or a building prescribed for the purposes of that subsection.  O. Reg. 282/98, s. 45 (2).

(3) For greater certainty,

(a) paragraph 1 of subsection (2) applies with respect to a plan of subdivision even if the plan was registered before this section comes into force;

(b) paragraph 2 of subsection (2) applies with respect to a building permit even if the permit was issued before this section comes into force.  O. Reg. 282/98, s. 45 (3).

Designated Airport Authority

45.1 (1) Subject to subsection (2), for the purposes of this Regulation, the passenger total for a taxation year with respect to a designated airport authority is,

(a) for 2001, the total number of enplaned and deplaned passengers reported for 1998 for the designated airport authority in the Statistics Canada publication entitled “Air Carrier Traffic at Canadian Airports 1998”, Catalogue No. 51-203-XIB, published in July 2000, as set out in Table 1.1 entitled “Top 100 Airports Ranked by Enplaned and Deplaned Passengers, Selective Services”; and

(b) for a taxation year after 2001, the total number of enplaned and deplaned passengers reported for the designated airport authority in the Statistics Canada publication entitled “Air Carrier Traffic at Canadian Airports”, as set out in the table entitled “Top 100 Airports Ranked by Enplaned and Deplaned Passengers, Selective Services”, published during the immediately preceding taxation year.  O. Reg. 62/01, s. 1.

(2) If a designated airport authority and the municipality in which it is located agree in writing by March 31 of a taxation year, the passenger total for that year shall be equal to the total number of enplaned and deplaned passengers for the designated airport authority for the immediately preceding year, as reported by the designated airport authority to the municipality.  O. Reg. 62/01, s. 1.

(2.1) For the purposes of this Regulation, a reference to a municipality in which a designated airport authority is located is a reference to all the municipalities in which the designated airport authority is located.  O. Reg. 127/02, s. 1 (1).

(3) Subject to subsection (4), for each taxation year beginning with the 2001 taxation year, a designated airport authority shall make a payment in lieu of taxes to the municipality in which it is located in the amount determined by multiplying the passenger total for the year for the designated airport authority by the passenger rate set out in the following Table for that designated airport authority.

TABLE

Designated Airport Authority

Passenger Rate

Greater London International Airport Authority

$1.66998

Greater Toronto Airports Authority

0.94029

Ottawa International Airport Authority

1.07735

Thunder Bay International Airports Authority

0.55403

O. Reg. 62/01, s. 1; O. Reg. 127/02, s. 1 (2).

(3.1) The Greater Toronto Airports Authority shall make its payment in lieu of taxes for a taxation year, beginning with the 2001 taxation year, by paying,

(a) to the City of Mississauga an amount equal to 99.43 per cent of the amount of the payment determined under subsection (3) for the taxation year; and

(b) to the City of Toronto an amount equal to 0.57 per cent of the amount of the payment determined under subsection (3) for the taxation year.  O. Reg. 127/02, s. 1 (3).

(4) If the amount determined for a designated airport authority under subsection (3) for a taxation year after 2001 exceeds 105 per cent of the amount paid for the immediately preceding taxation year, the payment in lieu of taxes for the taxation year shall be equal to 105 per cent of the amount paid for the immediately preceding taxation year.  O. Reg. 62/01, s. 1.

(5) A designated airport authority shall pay to the municipality in which it is located the amount owing under this section for a taxation year,

(a) in equal quarterly instalments by March 31, June 30, September 30 and December 15 of the taxation year; or

(b) in the proportions and at the times agreed to in writing by the designated airport authority and the municipality.  O. Reg. 62/01, s. 1.

(6) The first instalment for the 2001 taxation year under clause (5) (a) shall be paid on or before the later of March 31, 2001 and the day that is 30 days after the day this Regulation is filed.  O. Reg. 62/01, s. 1.

(6.1) Despite subsections (5) and (6), the Greater Toronto Airports Authority shall pay the amount owing under this section for the 2001 taxation year,

(a) in two equal instalments, with the first instalment payable by the day that is 30 days after this subsection comes into force and the second instalment payable by the day that is 60 days after this subsection comes into force; or

(b) in the proportions and at the times agreed to in writing by the Greater Toronto Airports Authority, the City of Mississauga and the City of Toronto.  O. Reg. 127/02, s. 1 (3).

(7) If a designated airport authority fails to make a payment at the time it is required to do so under subsection (5), (6) or (6.1), the municipality may impose on the designated airport authority a penalty equal to the penalty that the municipality imposes on owners of property in the commercial property class for the non-payment of taxes under section 345 of the Municipal Act, 2001.  O. Reg. 62/01, s. 1; O. Reg. 127/02, s. 1 (4); O. Reg. 198/04, s. 10.

(8) If a designated airport authority fails to pay all of the amount required under this section for a taxation year on or before the last day of the taxation year, the designated airport authority shall pay forthwith an amount equal to the taxes for municipal and school taxes that would be payable for the taxation year if the property were taxable and the collector’s roll for the municipality shall be amended to show the designated airport authority’s liability to pay that amount.  O. Reg. 62/01, s. 1.

(9) If Statistics Canada fails to publish the publication referred to in clause (1) (b) by December 31 of the immediately preceding taxation year, the payment under subsection (3) shall be calculated for the taxation year using the passenger total determined for the immediately preceding taxation year, and that amount shall be adjusted during the taxation year if the publication is subsequently published.  O. Reg. 62/01, s. 1.

(10) By March 31 of each taxation year, or a later date agreed to by the designated airport authority and the municipality, the designated airport authority shall provide the following information to the municipality:

1. The number of enplaned and deplaned passengers reported for the designated airport authority in the Statistics Canada publication in clause (1) (a), as published for the immediately preceding taxation year, or, if subsection (2) applies, the total number of enplaned and deplaned passengers as determined by the designated airport authority for the immediately preceding taxation year.

2. The calculation of the payment in lieu of taxes for the year.  O. Reg. 62/01, s. 1.

(11) If subsection (2) applies, the designated airport authority shall, within a reasonable time, provide to the municipality, upon request, an auditor’s report verifying the passenger total that was reported for the taxation year by the designated airport authority.  O. Reg. 62/01, s. 1.

(12) The designated airport authority shall provide to the Minister a copy of any information provided to the municipality under subsections (10) and (11) within 30 days after it is provided to the municipality.  O. Reg. 62/01, s. 1.

New Residential Unit — Exempt Portion

45.2 For the purposes of paragraph 22 of subsection 3 (1) of the Act, the prescribed portion of a new residential unit described in that paragraph is 10 per cent of the assessment of the unit.  O. Reg. 278/01, s. 1.

Current Value of Hotels

45.3 For the purposes of subsection 19 (2.1) of the Act, where the current value of land used as a hotel is determined using the pro forma income capitalization approach to valuation, the following rules apply for 2003 and subsequent years:

1. Unless the assessment corporation can demonstrate that the use of a different percentage is appropriate in the circumstances for a particular hotel, the amount deductible for a year as management fees in determining the amount of the undistributed operating expenses of a hotel for a year shall not exceed 5 per cent of the total revenue of the hotel for the year.

2. Unless the assessment corporation can demonstrate that the use of a different percentage is appropriate in the circumstances for a particular hotel, the amount deductible for a year in respect of personal property in determining the current value of a hotel for a year shall not exceed 15 per cent of the capitalized net income of the hotel, including personal property.  O. Reg. 370/03, s. 1.

Wind Turbine Towers

45.4 (1) Wind turbine towers are prescribed for 2005 and subsequent years as generating station structures for the purposes of section 19.0.1 of the Act.  O. Reg. 243/04, s. 1.

(2) For the purposes of clause 19.0.1 (1) (b) of the Act, the assessed value for 2005 and subsequent years of a generating station structure that is a wind turbine tower shall be determined by multiplying $40,000 by the installed capacity of the generator attached to the wind turbine tower.  O. Reg. 243/04, s. 1.

(3) For the purposes of subsection 19 (2.1) of the Act, the current value for 2005 and subsequent years of land that is a wind turbine tower shall be determined by multiplying $40,000 by the installed capacity of the generator attached to the wind turbine tower.  O. Reg. 243/04, s. 1.

(4) Subsection 33 (1) of the Act does not apply with respect to a wind turbine tower that is omitted from the tax roll for all or part of 2002, 2003 or 2004.  O. Reg. 243/04, s. 1.

(5) In this section,

“installed capacity” means the rated maximum output capacity in megawatts as stated on the nameplate of the generator;

“wind turbine tower” means the structure that supports an electrical generator and electrical and mechanical equipment used to convert wind energy into electricity, including the base and foundation to which the structure is attached but not including,

(a) any additional land, buildings and structures, or

(b) any transformer, transmission or distribution line or other equipment.  O. Reg. 243/04, s. 1.

Subsection 19 (5.2) of the Act — Current Use Valuation

46. (1) For the purposes of subsection 19 (5.2) of the Act,

“conservation land” means land that is conservation land, as defined in section 24 of this Regulation, for the taxation year for which current value is determined under subsection 19 (5.2) of the Act;

“managed forest land” means land in the managed forests property class for the taxation year for which current value is determined under subsection 19 (5.2) of the Act.  O. Reg. 282/98, s. 46 (1).

(2) This section applies with respect to the 1998 and subsequent taxation years.  O. Reg. 282/98, s. 46 (2).

47. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 282/98, s. 47.