O. Reg. 282/98: GENERAL, Assessment Act

Assessment Act
Loi sur l’évaluation foncière

ontario REGULATION 282/98

GENERAL

Historical version for the period May 5, 2009 to July 15, 2009.

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. 262/09, section 4, O. Reg. 370/09, section 2, O. Reg. 337/12, subsection 6 (2) and O. Reg. 273/13, subsection 6 (2-4).

Last amendment:  O. Reg. 185/09.

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

8.2-9.7

 

New Multi-Residential Property Class

10

 

Office Building Property Class

11

 

Shopping Centre Property Class

12

 

Parking Lots and Vacant Land Property Class

13

 

Residual Commercial Property Class

13.1

 

Large Industrial Property Class

14

 

Professional Sports Facility Property Class

14.1

 

Resort Condominium Property Class

14.2

 

Classification of Buildings and 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

 

Appeals under Section 40 of the Act

31-32

PART V.1

ASSESSMENT OF THE MANAGED FORESTS PROPERTY CLASS AND RELATED LAND

 

 

Determination of Current Value

32.1

 

Current Value where Parcel Contains Land in Both Managed Forests and Another Property Class

32.2

PART VI

DISPUTES RELATING TO THE MANAGED FORESTS PROPERTY CLASS

 

 

Definitions

33

 

Requests for Reconsideration under Section 39.1 of the Act

34

 

Appeals under Section 40 of the Act

35

 

Special Consideration if Deadline Missed

36

PART VII

DISPUTES RELATING TO CONSERVATION LAND

 

 

Definitions

37

 

Requests for Reconsideration under Section 39.1 of the Act

38

 

Appeals under Section 40 of the Act

39

 

Special Consideration if Deadline Missed

40

PART VIII

ASSESSMENT OF PIPE LINES

 

 

Assessed Value for Specified Years

41-41.2

 

Assessed Value of Pipe Line in a Right-of-Way or Easement

42

PART IX

MISCELLANEOUS

 

 

Procedure for School Support Applications

43

 

Mine Tailings Management Area

43.1

 

Land to which Subsection 19 (5.0.1) 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

 

Condominium Hotel Valuation

45.3.1

 

Wind Turbine Towers

45.4

 

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

46

 

Additional Information on Assessment Roll under Subsection 14 (1) of the Act

47

 

Adjustments under Section 19.1 of the Act

48

 

Prescribed Property Classes for the Purposes of Subsection 19.1 (2) of the Act

49

 

Appeals

50

PART IX.1

TABLES RE ASSESSMENT OF MANAGED FORESTS PROPERTY CLASS

 

Table 1

Managed forest values by geographic area and land band

 

Table 2

Managed forest values by land band

 

PART X

TABLES RE ASSESSMENT OF PIPE LINES

 

Table 6

Offshore pipe lines — 2006 to 2008 taxation years

 

Table 7

Plastic field gathering pipe lines and plastic gas distribution pipe lines — 2006 to 2008 taxation years

 

Table 8

Pipe lines other than those to which table 6 or 7 applies — 2006 to 2008 taxation years

 

Table 9

Depreciation rates for offshore pipe lines — 2006 to 2008 taxation years

 

Table 10

Pipe lines other than those to which table 9 applies — 2006 to 2008 taxation years

 

Table 11

Offshore pipe lines — 2009 to 2012 taxation years

 

Table 12

Plastic field gathering pipe lines and plastic gas distribution pipe lines — 2009 to 2012 taxation years

 

Table 13

Pipe lines other than those to which table 11 or 12 applies — 2009 to 2012 taxation years

 

Table 14

Depreciation rates for offshore pipe lines — 2009 to 2012 taxation years

 

Table 15

Pipe lines other than those to which table 14 applies — 2009 to 2012 taxation years

 

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 Revoked:  O. Reg. 575/06, 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,

xii. a recreational facility that is operated on a not-for-profit basis, if the use of the facility is restricted to residents of units in a residential subdivision, land-lease community or condominium or townhouse complex, as well as their guests, and if the facility is not open to the general public.

xiii. land on which a wind turbine tower as defined in subsection 45.4 (5) is situated, but not the wind turbine tower, if,

A. the land immediately surrounding the land on which the wind turbine tower is situated is classified in the residential property class,

B. the electricity generated by the wind turbine tower is primarily for the operator’s own use, and

C. the rated maximum output capacity of the wind turbine tower does not exceed 500 kilowatts.

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 land 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); O. Reg. 536/05, s. 1; O. Reg. 212/07, s. 1; O. Reg. 528/07, s. 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) Revoked:  O. Reg. 575/06, s. 2.

(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 manufacturing, production or processing, if the retail sales are at the site where the manufacturing, production or processing takes place but are not on land to which section 44 applies.

2. Vacant land principally zoned for industrial development.  O. Reg. 282/98, s. 6 (1); O. Reg. 536/05, s. 2.

(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 but the land is not land to which section 44 applies.

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); O. Reg. 536/05, s. 3.

(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 is a period of at least 10 years,

A. in which each year is a year in which the owner or his or her spouse owned the land and carried on the farming business, and

B. in which either the owner or his or her spouse qualified for each year 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, and

iii. the age or illness of the owner or his or her spouse or the death of the owner’s spouse 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); O. Reg. 307/05, s. 1 (1).

(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 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); O. Reg. 307/05, 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.

(5.3) Land on which a wind turbine tower as defined in subsection 45.4 (5) is situated, but not the wind turbine tower, is farmland for a taxation year if all of the following conditions are satisfied:

1. The land immediately surrounding the land on which the wind turbine tower is situated is classified in the farm property class.

2. The electricity generated by the wind turbine tower is primarily for the operator’s own use.

3. The rated maximum output capacity of the wind turbine tower does not exceed 500 kilowatts.  O. Reg. 528/07, s. 2.

(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;

“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); O. Reg. 307/05, 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

8.2 In this section and sections 9 to 9.7,

“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 Part VI (“Disputes Relating to the Managed Forests Property Class”);

“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 2006 titled “Ontario Managed Forest Tax Incentive Program Guide”;

“designated government agent” means a person described as the designated government agent in the Ontario government publication published in 2006 titled “Ontario Managed Forest Tax Incentive Program Guide”;

“managed forest plan approver” means a person designated by the Minister as a managed forest plan approver.  O. Reg. 406/06, s. 1.

9. (1) The managed forests property class consists of eligible land determined in accordance with this section and sections 9.1 to 9.7 to be managed forest land.  O. Reg. 282/98, s. 9 (1); O. Reg. 406/06, s. 2 (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,

i.1 two or more individuals as joint tenants or tenants in common if 50 per cent or more of the beneficial interest in the land is held by persons described in subparagraph i,

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 subsections (3) and (4) 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 subsections (3) and (4), 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 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); O. Reg. 406/06, s. 2 (2-4); O. Reg. 394/08, s. 1.

(3) An area in a parcel of land that does not contain enough trees to satisfy the requirements in paragraph 4 of subsection (2) forms part of the eligible land in the parcel,

(a) if the area does not exceed 10 per cent of the forest area on the land or parcel that satisfies the requirements described in paragraph 4 of subsection (2); and

(b) if the area contributes to the objectives set out in the approved managed forest plan for the forest.  O. Reg. 406/06, s. 2 (5).

(4) An area in a parcel of land that does not contain enough trees to satisfy the requirements in paragraph 4 of subsection (2) forms part of the eligible land in the parcel,

(a) if the area cannot support trees through normal forest management activities because of natural constraints;

(b) if the area does not exceed 25 per cent of the total area of the eligible land, excluding any area that forms part of the eligible land by virtue of subsection (3); and

(c) if the area contributes to the objectives set out in the approved managed forest plan for the forest.  O. Reg. 406/06, s. 2 (5).

(5) Eligible land is managed forests land for a taxation year if the requirements set out in subsection (6), (7) or (8) or section 9.3 are satisfied.  O. Reg. 406/06, s. 2 (5).

(6) If the eligible land was not classified as managed forests land for the previous year, the eligible land is managed forests land for a taxation year covered by the approved managed forest plan if an application under section 9.1 is approved.  O. Reg. 406/06, s. 2 (5).

(7) If the eligible land was classified as managed forests land for the previous year and if an application under section 9.2 or 9.4 to have the classification continued was required during the previous year, the eligible land is managed forests land for a taxation year covered by the approved managed forest plan if the application was approved.  O. Reg. 406/06, s. 2 (5).

(8) If the eligible land was classified as managed forests land for the previous year but no application under section 9.2 was required during the previous year, the eligible land is managed forests land for a year covered by the approved managed forest plan.  O. Reg. 406/06, s. 2 (5).

(9)-(12) Revoked:  O. Reg. 406/06, s. 2 (5).

9.1 (1) If the owner of eligible land wishes to have it classified as managed forests land for a taxation year and if the land was not so classified for the previous taxation year, the owner shall apply in accordance with this section to have it classified as managed forests land.  O. Reg. 406/06, s. 3.

(2) For 2008 and subsequent taxation years, the owner shall submit the completed application on or before June 30 of the previous year and the application must satisfy the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(3) For the 2007 taxation year, the owner shall submit the completed application on or before August 31, 2006 and the application must satisfy the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(4) Subject to subsection 9.7 (2), the Administrator shall approve an application that satisfies the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

9.2 (1) If the owner of eligible land that is classified as managed forests land wishes to have the classification continued after the expiry of the approved managed forest plan that was submitted with the most recent prior application for classification of the land as managed forests land, the owner shall apply in accordance with this section to have the classification continued.  O. Reg. 406/06, s. 3.

(2) The owner shall submit the completed application on or before July 31 of the year preceding the year in which the approved managed forest plan expires, and the application must satisfy the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(3) Subject to subsection 9.7 (2), the Administrator shall approve an application that satisfies the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(4) This section applies with respect to 2008 and subsequent taxation years.  O. Reg. 406/06, s. 3.

9.3 (1) This section applies, despite subsections 9 (7) and (8), if eligible land was classified as managed forests land pursuant to an application that was submitted before January 1, 2006.  O. Reg. 406/06, s. 3.

(2) If the land was classified as managed forests lands pursuant to an application that was submitted prior to 2001, the land is not classified as managed forests land for 2006 unless the owner submits a completed application on or before August 31, 2006, and the application satisfies the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(3) If the land was classified as managed forests land pursuant to an application that was submitted after 2000, the approved managed forest plan in effect for 2005 is deemed to expire at the end of the fifth year after the year in which the application was made, and the land shall continue to be classified as managed forests land for the extended term of the plan.  O. Reg. 406/06, s. 3.

(4) Despite subsection (3), the approved managed forest plans in effect for 2005 are deemed to expire at the end of the tenth year after the year in which the application referenced in subsection (3) was made and the land shall continue to be classified as managed forests land for the extended term of the plan if the owner applies in accordance with subsection (5).  O. Reg. 406/06, s. 3.

(5) The owner shall submit the completed application on or before August 31, 2006, and the application must satisfy the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(6) Subject to subsection 9.7 (2), the Administrator shall approve an application under this section that satisfies the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

9.4 (1) If managed forests land changes owners, the land ceases to be classified as managed forests land.  O. Reg. 406/06, s. 3.

(2) The new owner of the land may submit an application to continue the classification of the land as managed forests land, and the application must satisfy the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(3) The deadline for making an application under subsection (2) is the earlier of December 31 of the year in which the land is transferred to the new owner or 90 days after the land is transferred to the new owner.  O. Reg. 406/06, s. 3.

(4) Subject to subsection 9.7 (2), the Administrator shall approve an application that satisfies the requirements set out in section 9.5.  O. Reg. 406/06, s. 3.

(5) If the application is approved,

(a) the classification of the land is deemed, despite subsections (1) and 9 (7), to have continued without interruption for the entire year in which the application was made; and

(b) the approved managed forest plan in effect immediately before the land was transferred to the new owner applies for the entire year in which the application was made.  O. Reg. 406/06, s. 3.

9.5 For the purposes of subsections 9.1 (2), 9.2 (2), 9.3 (2) and (5) and 9.4 (2), the application must satisfy the following requirements:

1. The application must be made in a form approved by the Administrator and must be submitted 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 to the following:

i. To provide,

A. an approved forest management plan for the land for a term of 10 years commencing the year after the year in which the application is made, or to provide such portions of the plan as the designated government agent may require, in an application under subsection 9.1 (2), 9.2 (2), 9.3 (2) or 9.4 (2), or

B. a copy of the approved forest management plan in effect for 2005, or to provide such portions of the plan as the designated government agent may require, in an application under subsection 9.3 (5).

ii. To manage the forest in accordance with the plan.

iii. 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 land remains eligible land and to ensure that the forest is and has been managed in accordance with the plan.

iv. To co-operate with the person in the course of the inspection.

4. In the application the owner must state,

i. in an application under subsection 9.1 (2), if the land was classified as a managed forests for a year other than the previous taxation year and if the ownership of the land has not changed since then, that the land was managed in accordance with the approved managed forest plan during the term of the plan and that the owner did not fail to do anything which the owner agreed to do in the previous application,

ii. in an application under subsection 9.2 (2) or 9.3 (2) or (5), that the land has been managed in accordance with the approved managed forest plan during the period since the date of the most recent prior application for classification of the land as managed forests land, and that the owner has not failed to do anything which the owner agreed to do in that application.  O. Reg. 406/06, s. 3.

9.6 (1) The owner of managed forests land must submit a progress report between January 1 and July 31 of the fifth year after the year in which the owner submitted the most recent prior application under section 9.1, 9.2 or 9.4 for classification of the land as managed forests land.  O. Reg. 406/06, s. 3.

(2) If the land was continued as managed forests land under subsection 9.3 (4), the owner must submit a progress report between January 1 and July 31 of the fifth year after the year in which the owner submitted the application referred to in subsection 9.3 (3), but only if the fifth year is 2008 or a subsequent year.  O. Reg. 406/06, s. 3.

(3) The owner must submit the progress report to the Minister and the report must be prepared in a form acceptable to the Minister.  O. Reg. 406/06, s. 3.

(4) The owner shall notify the designated government agent if any of the following events occurs and shall give the designated government agent the particulars of the event:

1. A change that relates to the eligibility of the land for classification as managed forests land.

2. A sale of any portion of the land, including the proposed date of the transfer.

3. A change in any of the information contained in the most recent application for classification.

4. An increase or decrease in the size of the forest.  O. Reg. 406/06, s. 3.

9.7 (1) Land ceases to be classified as managed forests land if,

(a) it is not managed in accordance with the approved managed forest plan;

(b) the owner fails to do anything which the owner agreed to do in the application under section 9.5; or

(c) the requirements described in section 9.6 are not satisfied.  O. Reg. 406/06, s. 3.

(2) The Administrator may refuse to approve an application to classify land as managed forests land,

(a) if the land ceased under subsection (1) to be classified as managed forests land after the date of the most recent prior application by the same owner in respect of the land; and

(b) if the Administrator has determined that there is reason to believe that the owner would not manage the land in accordance with the approved managed forest plan, or would fail to satisfy the owner’s obligations described in section 9.5 or 9.6.  O. Reg. 406/06, s. 3.

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.

2. Revoked:  O. Reg. 45/02, s. 2 (1).

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

(2.1) Despite paragraph 1 of subsection (2), the land owned by Ewart Angus Homes Inc. that is located at 268 Merton Street in the City of Toronto and has assessment roll number 19 04 103 050 02200 0000 is included in the new multi-residential property class commencing with the 2005 taxation year if the land would otherwise be in the multi-residential property class.  O. Reg. 365/05, s. 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:

Share of assessed value = Assessed value of land × [(Rentable area – 25,000)/Rentable area]

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:

Share of assessed value = Assessed value of land × [(Rentable area – 25,000)/Rentable area]

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) Revoked:  O. Reg. 575/06, s. 3.

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:

Share of assessed value = Assessed value of land × [(Rentable area – 25,000)/Rentable area]

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:

Share of assessed value = Assessed value of land × [(Rentable area – 25,000)/Rentable area]

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.

Residual Commercial Property Class

13.1 (1) For 2008 and subsequent years, the residual commercial 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 or section 275 of the City of Toronto Act, 2006, only if the council has passed a by-law opting to have the residual commercial property class apply within the municipality.  O. Reg. 90/08, s. 1.

(2) The residual commercial property class consists of land that would otherwise be in the commercial property class other than land in the office building property class, the shopping centre property class, the parking lots and vacant land property class or the professional sports facility property class whether or not the municipality had opted to have all or any of the property classes apply within the municipality.  O. Reg. 90/08, s. 1.

(3) The council of a municipality that has passed a by-law opting to have the residual commercial 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. 90/08, 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) Revoked:  O. Reg. 575/06, s. 4.

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.

Classification of Buildings and Structures that become Vacant

15. (1) This section applies to land if all of the following conditions are satisfied:

1. A building or structure has been built on the land.

2. All or part of the building or structure was used in the past.

3. No part of the building or structure is currently being used.  O. Reg. 185/09, s. 1.

(2) If the building or structure is substantially usable, the land is classified in the property class or classes in which it was classified for the previous taxation year.  O. Reg. 185/09, s. 1.

(3) Subject to subsection (4), if the building or structure is substantially unusable and all or part of the land was included in the residential property class immediately before it became substantially unusable, the portion of the land that was classified in the residential property class continues to be classified in the residential property class.  O. Reg. 185/09, s. 1.

(4) Subsection (3) applies only in determining the property class or classes of land for the 2007 or a subsequent taxation year.  O. Reg. 185/09, s. 1.

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 habitat of a species that is listed as an endangered species in Schedule 2 to Ontario Regulation 230/08 (Species at Risk in Ontario List) made under the Endangered Species Act 2007, 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; O. Reg. 389/08, 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 habitat of a species that is listed as a special concern species in Schedule 4 to Ontario Regulation 230/08 (Species at Risk in Ontario List) made under the Endangered Species Act 2007.

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; O. Reg. 389/08, s. 2.

(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;

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

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal.  O. Reg. 282/98, s. 29; O. Reg. 105/00, s. 2; O. Reg. 45/02, s. 4; O. Reg. 307/05, s. 2; O. Reg. 16/09, s. 1.

Requests for Reconsideration under Section 39.1 of the Act

30. (1) The owner of a property or a person who has received or would be entitled to receive 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 such a request must be made to the Administrator and not the assessment corporation.  O. Reg. 16/09, s. 2 (1).

(2) A request may not be made under subsection (1) after March 31 of the year in respect of which the request is made.  O. Reg. 16/09, s. 2 (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 corporation shall be deemed to be references to the Administrator.

2. If the Administrator is required to give notice of a settlement to the clerk of the municipality or the Minister under subsection 39.1 (9) 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 (11) 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); O. Reg. 16/09, s. 2 (3-5).

Appeals under Section 40 of the Act

31. The following apply with respect to an appeal 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, the assessment corporation 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 (11) of the Act except that the Administrator is a party instead of the assessment corporation.  Subsection 40 (14) 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 subsections 40 (20) and (21) of the Act.

8. Subsection 40 (22) 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; O. Reg. 16/09, s. 3 (2-6).

32. Revoked:  O. Reg. 419/04, s. 5.

part v.1
assessment of the managed forests property class and related land

Determination of Current Value

32.1 (1) The current value of land in the managed forests property class shall be determined as follows for the 2009 and subsequent taxation years:

1. Determine the value of the land in accordance with subsection 19 (5.2) of the Act.

2. Determine the value of the land in accordance with subsection (2).

3. If the value determined under paragraph 1 is less than the value determined under paragraph 2, the current value of the land is the value determined under paragraph 1.

4. If the value determined under paragraph 2 is less than 31 per cent of the value determined under paragraph 1, the current value of the land is the amount calculated by multiplying the value determined under paragraph 1 by 0.31.

5. In any other case, the current value of the land is the value determined under paragraph 2.  O. Reg. 656/05, s. 1; O. Reg. 394/08, s. 2.

(2) For the purposes of paragraph 2 of subsection (1), the value of the land is determined as follows:

1. Determine whether the geographic area in which the land is located is listed in Column 2 of Table 1 to Part IX.1 of this Regulation.  If it is, take the step described in paragraph 2.  If it is not, take the steps described in paragraphs 4 and 5.

2. If the geographic area is listed in Column 2 of Table 1, determine whether the land band for the land, as assigned by the assessment corporation, is listed in Column 3 of Table 1 for the applicable geographic area.  If it is, take the steps described in paragraphs 3 and 5.  If it is not, take the steps described in paragraphs 4 and 5.

3. For land located in a geographic area listed in Column 2 of Table 1 and assigned to a land band listed in Column 3 of Table 1, identify the applicable value per acre of the land as set out in Column 4 of Table 1.

4. For any other land, identify the applicable value per acre of the land as set out in Column 2 of Table 2 to Part IX.1 of this Regulation using the land band assigned to the land by the assessment corporation.

5. The value of the land is calculated by multiplying the applicable value per acre of the land by the acreage.  O. Reg. 656/05, s. 1; O. Reg. 101/09, s. 1.

(3) In this section,

“land band” means a geographic area in which similar farm properties sell for similar prices, as determined by the assessment corporation under subsection 19 (5) of the Act.  O. Reg. 656/05, s. 1.

Current Value where Parcel Contains Land in Both Managed Forests and Another Property Class

32.2 (1) This section applies if a parcel of land contains both land in the managed forests property class and land in another property class.  O. Reg. 656/05, s. 1.

(2) The current value of the land shall be determined as follows for the 2009 and subsequent taxation years:

1. Determine the current value of the land in the managed forests property class under subsection 19 (5.2) of the Act.

2. Determine the current value of the land in the managed forests property class under section 32.1 of this Regulation.

3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1.  If the amount determined under paragraph 2 is greater than the amount determined under paragraph 1, the amount calculated under this paragraph is deemed to be zero.

4. Subtract the amount calculated under paragraph 3 from the current value of the entire parcel of land.

5. The amount calculated under paragraph 4 is the current value of the land.  O. Reg. 656/05, s. 1; O. Reg. 394/08, s. 3.

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) The owner of a property or a person who has received or would be entitled to receive 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 request must be made to the Administrator and not the assessment corporation.  O. Reg. 16/09, s. 4 (1).

(2) A request may not be made under subsection (1) after March 31 of the year in respect of which the request is made.  O. Reg. 16/09, s. 4 (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 corporation are deemed to be references to the Administrator.

2. If the Administrator is required to give notice of a settlement to the clerk of the municipality or the Minister under subsection 39.1 (9) of the Act, the Administrator shall also give notice of the settlement to the assessment corporation.

3. Section 35 applies, with necessary modifications, with respect to the application of section 40 of the Act under subsection 39.1 (11) of the Act.

4. If, in the settlement, it is agreed that the land will be classified in the managed forests property class, the person who requested the reconsideration is deemed to have requested the assessment corporation to re-determine the current value of the land in accordance with subsection 19 (5.2) of the Act.  O. Reg. 406/06, s. 4 (2); O. Reg. 16/09, s. 4 (3-5).

Appeals under Section 40 of the Act

35. The following apply with respect to an appeal 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, the assessment corporation 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 (11) of the Act except that the Administrator is a party instead of the assessment corporation.  Subsection 40 (14) 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 (21) and (22) of the Act.

7. Subsection 40 (22) 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; O. Reg. 16/09, s. 5 (2-6).

Special Consideration if Deadline Missed

36. (1) The Administrator shall agree to a settlement classifying land in the managed forests property class if all of the following conditions are satisfied:

1. The Administrator receives a request for reconsideration described in subsection 34 (1) on or before March 31 of the taxation year.

2. The requirements for the land to be classified in the managed forests property class have been complied with except that the applicable deadline under section 9.1, 9.2, 9.3 or 9.4 for submitting an application for the taxation year was missed.

3. The land would have been eligible to be classified in the managed forests property class if the deadline had not been missed.

4. In the Administrator’s opinion, there are mitigating circumstances explaining why the deadline was missed.  O. Reg. 406/06, s. 5; O. Reg. 16/09, s. 6 (1).

(2) On an appeal described in section 35, the Commissioner shall make a determination that the land should be classified in the managed forests property class if the conditions described in paragraphs 1, 2 and 3 of subsection (1) are satisfied and if, in the Commissioner’s opinion, there are mitigating circumstances explaining why the deadline was missed.  O. Reg. 16/09, s. 6 (2).

(3) Revoked:  O. Reg. 16/09, s. 6 (3).

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) The owner of a property or a person who has received or would be entitled to receive 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 corporation.  O. Reg. 16/09, s. 7 (1).

(2) A request may not be made under subsection (1) after March 31 of the year in respect of which the request is made.  O. Reg. 16/09, s. 7 (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 corporation 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 (9) of the Act, the Administrator shall also give notice of the settlement to the assessment corporation.

3. Section 39 applies, with necessary modifications, with respect to the application of section 40 of the Act under subsection 39.1 (11) 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 corporation, 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); O. Reg. 16/09, s. 7 (3-5).

Appeals under Section 40 of the Act

39. Any person, including a municipality, a school board or, in the case of land in non-municipal territory, the Minister, may bring an appeal under subsection 40 (1) of the Act that land is or is not conservation land and the following apply with respect to such an appeal:

0.1 Subsections 40 (3) and (4) of the Act apply to the appeal.

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, the assessment corporation, 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 (11) of the Act except that the Administrator is a party instead of the assessment corporation.  Subsection 40 (14) 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 (20) and (21) of the Act.

7. Subsection 40 (22) 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; O. Reg. 16/09, s. 8 (2-7).

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 under section 26 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; O. Reg. 16/09, s. 9 (1).

(2) The Commissioner, on an appeal 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; O. Reg. 16/09, s. 9 (2).

part viii
assessment of pipe lines

Assessed Value for Specified Years

41. Revoked:  O. Reg. 309/08, s. 1.

41.1 (1) For the 2006, 2007 and 2008 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 6, 7 or 8 of Part X.  Table 6 applies to offshore pipe lines.  Table 7 applies to plastic field gathering pipe lines and plastic gas distribution pipe lines.  Table 8 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 9 for offshore pipe lines and in Table 10 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. 371/05, s. 1; O. Reg. 126/07, s. 1.

(2) If Table 6, 7 or 8 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. 371/05, s. 1.

41.2 (1) For the 2009, 2010, 2011 and 2012 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 11, 12 or 13 of Part X.  Table 11 applies to offshore pipe lines.  Table 12 applies to plastic field gathering pipe lines and plastic gas distribution pipe lines.  Table 13 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 14 for offshore pipe lines and in Table 15 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. 309/08, s. 2.

(2) If Table 11, 12 or 13 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. 309/08, s. 2.

Assessed Value of Pipe Line in a Right-of-Way or Easement

42. (1) For the purposes of determining the assessed value of a pipe line in a right-of-way or easement for a taxation year, the rate in the Table to Part X 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. 371/05, 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. 371/05, 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. 371/05, s. 1.

PART IX
MISCELLANEOUS

Procedure for School Support Applications

43. An application under subsection 16 (3) of the Act shall be delivered personally or by mail to the assessment corporation not later than November 1 in the year previous to the taxation year to which the application relates.  O. Reg. 16/09, s. 10.

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.

Land to which Subsection 19 (5.0.1) of the Act Applies

44. (1) Land on which a building is located, but not the building, is prescribed for the purposes of subsection 19 (5.0.1) of the Act if,

(a) the building is used primarily,

(i) to sell farm produce that consists of or includes produce from the farm lands on which the building is located, or

(ii) to process farm produce described in subclause (i) or manufacture anything from it; or

(b) the building is used to manufacture wine from grapes or other fruit grown on the farm lands on which the building is located, even if the building is not used primarily for that purpose.  O. Reg. 536/05, s. 4.

(2) This section applies to the 2004 and subsequent taxation years.  O. Reg. 536/05, s. 4.

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.

Condominium Hotel Valuation

45.3.1 (1) In this section,

“condominium hotel” means a building complex,

(a) that contains at least 20 hotel units, and

(b) that is not located within the boundaries of a resort;

“hotel unit” means land,

(a) that is a unit or proposed unit as defined in the Condominium Act, 1998,

(b) that is furnished and operated or managed in a manner to provide transient accommodation for a fee or charge for a minimum period of less than 30 days, or that is used as part of the hotel operations, and

(c) in respect of which, for the 2008 and subsequent taxation years, the owner or his or her authorized agent has made a declaration under subsection (5) or clause (6) (a);

“resort” means a building complex that is occupied primarily for recreational purposes, including golfing, skiing, swimming and hiking.  O. Reg. 538/07, s. 1.

(2) For the purposes of subsection 19 (2.1) of the Act, the current value of a hotel unit that is contained in a condominium hotel for the purposes of assessment for 2006 and subsequent taxation years shall be determined by using the pro forma income capitalization approach to valuation to determine assessments that are comparable to the assessments of hotels of similar size and quality in the vicinity of the condominium hotel.  O. Reg. 538/07, s. 1.

(3) For the purposes of subsection (2), all hotel units shall be deemed to be a single parcel of land for valuation purposes and the value determined shall be apportioned among the hotel units in the proportion that the square footage of each unit is of the total square footage of all hotel units contained in the condominium hotel.  O. Reg. 538/07, s. 1.

(4) Section 45.3 applies to a condominium hotel.  O. Reg. 538/07, s. 1.

(5) For the purposes of assessment for the 2008 taxation year, the owner of a hotel unit that is part of a condominium hotel or his or her authorized agent shall make a declaration on or before November 30, 2007 to the assessment corporation stating that the unit is a hotel unit for the 2008 taxation year.  O. Reg. 538/07, s. 1.

(6) For the purposes of assessment for 2009 and subsequent taxation years, the owner of a hotel unit that is part of a condominium hotel or his or her authorized agent shall make a declaration on or before June 30 of the previous taxation year to the assessment corporation stating that,

(a) the unit will be a hotel unit for the following and subsequent years; or

(b) the unit will cease to be a hotel unit for the following and subsequent years.  O. Reg. 538/07, s. 1.

(7) Despite subsection (6), no declaration is required where,

(a) a declaration was previously made under subsection (5) or (6); and

(b) there has been no change in the status of the unit since the declaration was made.  O. Reg. 538/07, s. 1.

(8) The assessment corporation may determine the manner in which a declaration under subsection (5) or (6) is made.  O. Reg. 538/07, 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,

(a) the current value of a wind turbine tower shall be determined by multiplying $40,000 by the installed capacity of the generator attached to the wind turbine tower; and

(b) the current value of the land on which a wind turbine tower is situated shall be determined in the same manner as the immediately surrounding land.  O. Reg. 528/07, s. 3.

(4) Revoked:  O. Reg. 528/07, s. 4.

(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).

Additional Information on Assessment Roll under Subsection 14 (1) of the Act

47. (1) For the purposes of paragraph 9 of subsection 14 (1) of the Act, the following information must be included on the assessment roll for the 2009 and subsequent taxation years:

1. The assessment or classification of the land as shown on the assessment roll returned for the 2008 taxation year, adjusted for any changes in value for assessment purposes and any changes in classification, if the changes would affect the assessment or classification of the land on the assessment roll for the 2009 taxation year.

2. The assessment of the land for the taxation year, as adjusted under section 19.1 of the Act.  O. Reg. 437/08, s. 1.

(2) For the purposes of paragraph 1 of subsection (1), the assessment of the land is adjusted for only those changes in value for assessment purposes that are not the result of a general reassessment, after any further changes required as a result of a reconsideration under section 39.1 of the Act or an appeal under section 40 of the Act.  O. Reg. 437/08, s. 1.

Adjustments under Section 19.1 of the Act

48. (1) This section applies with respect to the assessment of land if section 19.1 of the Act applies with respect to the current value of the land for the 2009 and subsequent taxation years.  O. Reg. 437/08, s. 1.

(2) A reference in this section to an assessment of land shown on the assessment roll for the 2008 taxation year or that would be shown on the assessment roll for the 2009 taxation year is deemed to be a reference to the assessment of the land for that taxation year after any changes required as a result of a reconsideration under section 39.1 of the Act, an appeal under section 40 of the Act or an application under section 46 of the Act.  O. Reg. 437/08, s. 1.

(3) The eligible increase in respect of the land for the 2009, 2010 and 2011 taxation years is the amount, if any, by which “A” exceeds “B”,

where,

  “A” is the assessment of the land that would be shown on the assessment roll for the 2009 taxation year if subsection 19.1 (3) of the Act did not apply, and

  “B” is the assessment of the land that is shown on the assessment roll for the 2008 taxation year.  O. Reg. 437/08, s. 1.

(4) Despite subsection (3), the eligible increase in respect of the land for the 2009, 2010 and 2011 taxation years is the amount by which the amount described as “A” in subsection (3) exceeds the amount of the assessment of the land for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1) if,

(a) the amount described as “A” in subsection (3) exceeds the amount of the assessment for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1); and

(b) the amount of the assessment for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1) does not equal the assessment of the land that is shown on the assessment roll for the 2008 taxation year.  O. Reg. 437/08, s. 1.

(5) This section applies as follows in the following circumstances:

1. If different portions of the land are classified in different classes of real property prescribed under section 7 of the Act or prescribed under the Education Act, or if a subclass is prescribed under section 8 of the Act in respect of one or more portions of the land, this section applies to each portion of the land that is in a different class or subclass, as the case may be, as if it were separate land.

2. If different portions of the land are subject to different tax rates for municipal or school purposes or a portion of the land is exempt from either or both types of taxes, this section applies to each portion as if it were separate land.

3. This section applies in respect of any portion of the land assessed against a tenant under subsection 18 (1) of the Act.  O. Reg. 437/08, s. 1.

Prescribed Property Classes for the Purposes of Subsection 19.1 (2) of the Act

49. For the purposes of subsection 19.1 (2) of the Act, the following property classes are prescribed:

1. All property classes prescribed under section 7 of the Act that are not listed in subsection 19.1 (2) of the Act.

2. All subclasses of property prescribed under subsection 8 (1) of the Act.

3. All classes of real property prescribed under the Education Act.  O. Reg. 437/08, s. 1.

Appeals

50. (1) For the purposes of clause 40 (1) (b) of the Act, an appeal may be made in writing to the Assessment Review Board on the basis that the amount of the assessment of land for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1) or the classification of the land for the purposes of that paragraph is incorrect.  O. Reg. 437/08, s. 1.

(2) An appeal under subsection (1) does not affect any tax liability for the land for the 2008 taxation year.  O. Reg. 437/08, s. 1.

part ix.1
tables re assessment of managed forests property class

table 1
managed forest values by geographic area and land band

Column 1

Column 2

Column 3

Column 4

Municipal Code on Assessment Roll

Geographic Area

Land Band

Value per Acre ($)

1134

Addington Highlands, Township of

0502

204

3946

Adelaide Metcalfe, Township of

2316

904

3946

Adelaide Metcalfe, Township of

2319

1,303

4301

Adjala-Tosorontio, Township of

1606

1,549

4301

Adjala-Tosorontio, Township of

1605

2,604

4301

Adjala-Tosorontio, Township of

1610

5,350

4742

Admaston/Bromley, Township of

0403

229

1805

Ajax, Town of

1301

3,918

5911

Alberton, Township of

3205

210

0231

Alfred And Plantagenet, Township of

0109

176

0231

Alfred And Plantagenet, Township of

0111

345

0231

Alfred And Plantagenet, Township of

0106

411

5727

Algoma District School Board

3101

182

5799

Algoma Provincial Land Tax Area

3103

58

4621

Algonquin Highlands, Township of

0703

230

1450

Alnwick/Haldimand, Township of

0603

758

1450

Alnwick/Haldimand, Township of

0609

1,073

2208

Amaranth, Township of

2203

917

3729

Amherstburg, Town of

2708

2,316

4905

Archipelago, Township of

2804

499

4919

Armour, Township of

2804

284

5436

Armstrong, Township of

2905

387

4702

Arnprior, Town of

0401

286

4103

Arran-Elderslie, Municipality of

2520

776

4070

Ashfield-Colborne-Wawanosh, Township of

2410

963

4070

Ashfield-Colborne-Wawanosh, Township of

2411

1,017

1501

Asphodel-Norwood, Township of

0701

518

5111

Assiginack, Township of

3001

245

0819

Athens, Township of

0203

298

0706

Augusta, Township of

0201

327

1946

Aurora, Town of

1402

7,285

5228

Baldwin, Township of

3001

190

1262

Bancroft, Town of

0606

238

4342

Barrie, City of

1605

3,117

5131

Barrie Island, Township of

3001

251

3401

Bayham, Municipality of

2323

726

3401

Bayham, Municipality of

2308

828

0924

Beckwith, Township of

0204

302

1208

Belleville, City of

0602

465

5121

Billings, Township of

3001

242

5614

Black River-Matheson, Township of

2907

118

3245

Blandford-Blenheim, Township of

2330

1,180

3245

Blandford-Blenheim, Township of

2329

1,632

5738

Blind River, Town of

3101

137

4242

Blue Mountains, Town of the

2517

1,623

4020

Bluewater, Municipality of

2405

1,256

4826

Bonfield, Township of

2801

193

4738

Bonnechere Valley, Township of

0402

177

4418

Bracebridge, Town of

1701

247

4312

Bradford West Gwillimbury, Town of

1605

3,772

4312

Bradford West Gwillimbury, Town of

1611

11,400

2110

Brampton, City of

1501

10,405

2920

Brant, County of

2006

1,771

2920

Brant, County of

2003

2,047

2906

Brantford, City of

2003

1,868

5432

Brethour, Township of

2903

373

1408

Brighton, Municipality of

0602

715

1839

Brock, Township of

1305

1,246

1839

Brock, Township

1304

981

4104

Brockton, Municipality of

2513

682

4104

Brockton, Municipality of

2514

916

3815

Brooke-Alvinston, Township of

2609

1,047

4719

Brudenell Lyndoch Raglan, Township of

0402

178

2402

Burlington, City of

1504

5,081

5128

Burpee and Mills, Township of

3001

262

2124

Caledon, Town of

1502

4,384

2124

Caledon, Town of

1503

6,569

4966

Callander, Municipality of

2804

194

4822

Calvin, Township of

2801

137

3006

Cambridge, City of

2101

3,054

0928

Carleton Place, Town of

0204

291

4936

Carling, Township of

2804

188

1270

Carlow Mayo, Township

0606

239

5429

Casey, Township of

2903

305

0302

Casselman, Village of

0120

777

1509

Cavan-Millbrook-North Monaghan, Township of

0701

618

1509

Cavan-Millbrook-North Monaghan, Township of

0702

1,029

3418

Central Elgin, Municipality of

2309

1,218

1039

Central Frontenac, Township of

0501

256

4030

Central Huron, Municipality of

2404

1,365

5104

Central Manitoulin, Township of

3001

255

1230

Centre Hastings, Municipality of

0603

404

2326

Centre Wellington, Township of

2208

1,219

5454

Chamberlain, Township of

2906

321

0209

Champlain, Township of

0109

232

0209

Champlain, Township of

0106

378

5292

Chapleau, Township of

3003

75

5924

Chapple, Township of

3203

75

5924

Chapple, Township of

3205

138

5446

Charlton And Dack, Municipality of

2906

348

3650

Chatham-Kent, Municipality of

2606

1,345

3650

Chatham-Kent, Municipality of

2600

1,003

3650

Chatham-Kent, Municipality of

2604

929

3650

Chatham-Kent, Municipality of

2601

1,005

3650

Chatham-Kent, Municipality of

2603

929

3650

Chatham-Kent, Municipality of

2608

1,369

3650

Chatham-Kent, Municipality of

2607

1,345

3650

Chatham-Kent, Municipality of

2605

1,836

3650

Chatham-Kent, Municipality of

2602

2,107

4204

Chatsworth, Township of

2502

796

4831

Chisholm, Township of

2801

118

0316

Clarence-Rockland, City of

0109

300

0316

Clarence-Rockland, City of

0104

495

0316

Clarence-Rockland, City of

0120

762

1817

Clarington, Municipality of

1303

2,210

4329

Clearview, Township of

1607

806

4329

Clearview, Township of

1606

1,416

1421

Cobourg, Town of

0604

1,326

5639

Cochrane, Town of

2908

111

5639

Cochrane, Town of

2907

118

5640

Cochrane-Iroquois Falls/Black River-Matheson Locality

2908

111

4331

Collingwood, Town of

1606

1,494

5819

Conmee, Township of

3201

165

0402

Cornwall, City of

0104

500

1411

Cramahe, Township of

0602

815

3806

Dawn-Euphemia, Township of

2618

832

3806

Dawn-Euphemia, Township of

2612

995

5934

Dawson, Township of

3203

85

5934

Dawson, Township of

3205

155

4796

Deep River, Town of

0402

178

5834

Dorion, Township of

3204

167

1522

Douro-Dummer, Township of

0701

570

0919

Drummond/North Elmsley, Township of

0201

290

6026

Dryden, City of

3203

119

3429

Dutton/Dunwich, Municipality of

2313

821

4624

Dysart et al, Municipality of

0703

353

4834

East Ferris, Township of

2801

131

2201

East Garafraxa, Township of

2201

1,702

1954

East Gwillimbury, Town of

1403

3,711

0201

East Hawkesbury, Township of

0104

496

2204

East Luther Grand Valley, Township of

2202

1,035

4999

East Parry Sound Board of Education Locality

2804

172

3238

East Zorra-Tavistock, Township of

2318

2,217

0701

Edwardsburgh/Cardinal, Township of

0201

346

0801

Elizabethtown-Kitley, Township of

0203

245

5741

Elliot Lake, City of

3102

125

5919

Emo, Township of

3205

132

3816

Enniskillen, Township of

2617

1,048

2316

Erin, Town of

2213

1,514

5226

Espanola, Town of

3001

196

4321

Essa, Township of

1606

1,567

4321

Essa, Township of

1605

3,456

3754

Essex, Town of

2711

2,615

3754

Essex, Town of

2705

3,483

3754

Essex, Town of

2707

3,153

5449

Evanturel, Township of

2905

426

1258

Faraday, Township of

0606

225

5652

Fauquier-Strickland, Township of

2908

85

2703

Fort Erie, Town of

1801

1,448

5912

Fort Frances, Town of

3205

162

5201

French River, Municipality of

3002

186

0806

Front of Yonge, Township of

0203

252

1001

Frontenac Islands, Township of

0501

391

1542

Galway-Cavendish and Harvey, Township of

0703

234

1542

Galway-Cavendish and Harvey, Township of

0705

500

1542

Galway-Cavendish and Harvey, Township of

0701

635

4203

Georgian Bluffs, Township of

2516

479

4203

Georgian Bluffs, Township of

2502

621

1970

Georgina, Town of

1404

1,718

5812

Gillies, Township of

3201

288

5124

Gordon, Township of

3001

242

5126

Gore Bay, Town of

3001

250

4402

Gravenhurst, Town of

1701

233

4706

Greater Madawaska, Township of

0402

177

1121

Greater Napanee, Town of

0503

368

5307

Greater Sudbury, City of

3004

300

4208

Grey Highlands, Municipality of

2515

874

4208

Grey Highlands, Municipality of

2510

799

4208

Grey Highlands, Municipality of

2507

921

2615

Grimsby, Town of

1802

2,125

2615

Grimsby, Town of

1805

3,656

2615

Grimsby, Town of

1804

6,602

2615

Grimsby, Town of

1803

10,048

2308

Guelph, City of

2212

1,218

2311

Guelph Eramosa, Township of

2212

1,029

2810

Haldimand, County of

2002

629

2810

Haldimand, County of

2001

796

2415

Halton Hills, Town of

1502

4,008

2415

Halton Hills, Town of

1506

4,839

2518

Hamilton, City of

1903

2,719

2518

Hamilton, City of

1902

3,117

2518

Hamilton, City of

1901

3,117

1419

Hamilton, Township of

0604

1,323

4229

Hanover, Town of

2502

795

5426

Harley, Township of

2905

366

5414

Harris, Township of

2903

357

1290

Hastings Highlands, Municipality of

0606

231

1531

Havelock-Belmont-Methuen, Township of

0703

250

1531

Havelock-Belmont-Methuen, Township of

0704

360

4798

Head, Clara and Maria, United Townships of

0402

175

5620

Hearst Locality

2908

71

5676

Hearst, Town of

2908

70

4601

Highlands East, Municipality of

0703

361

5434

Hilliard, Township of

2905

389

5704

Hilton, Township of

3101

194

4746

Horton, Township of

0403

254

4046

Howick, Township of

2406

897

5421

Hudson, Township of

2903

331

4442

Huntsville, Town of

1701

247

4040

Huron East, Municipality of

2404

1,440

4040

Huron East, Municipality of

2412

1,141

4040

Huron East, Municipality of

2405

1,715

5724

Huron Shores, Municipality of

3101

157

4107

Huron-Kinloss, Township of

2505

955

4107

Huron-Kinloss, Township of

2506

1,103

3218

Ingersoll, Town of

2311

1,671

4316

Innisfil, Town of

1605

3,042

4316

Innisfil, Town of

1612

8,750

5631

Iroquois Falls, Town of

2908

125

5442

James, Township of

2906

496

5701

Jocelyn, Township of

3101

237

5716

Johnson, Township of

3101

175

4951

Joly, Township of

2804

212

5630

Kapuskasing and Smooth Rock Falls District Locality

2908

119

5666

Kapuskasing, Town of

2908

90

1651

Kawartha Lakes, City of

0705

509

1651

Kawartha Lakes, City of

0701

486

1651

Kawartha Lakes, City of

0702

736

4918

Kearney, Town of

2804

178

6096

Keewatin-Patricia District School Board-Dryden Locality

3207

105

6093

Keewatin-Patricia District School Board-Machin Territorial School Area Locality

3207

114

6060

Keewatin-Patricia District School Board-Van Horne and Wainwright Locality

3207

140

6016

Kenora, City of

3203

65

5424

Kerns, Township of

2903

332

4731

Killaloe, Hagarty and Richards, Township of

0402

181

5136

Killarney, Municipality of

3001

150

4108

Kincardine, Municipality of

2503

937

4108

Kincardine, Municipality of

2505

1,142

1949

King, Township of

1402

6,100

1011

Kingston, City of

0503

364

3711

Kingsville, Town of

2703

4,480

3711

Kingsville, Town of

2704

5,016

3711

Kingsville, Town of

2702

5,241

5480

Kirkland Lake Locality

2901

65

3012

Kitchener, City of

2101

4,705

5711

Laird, Township of

3101

174

4427

Lake of Bays, Township of

1701

246

5946

Lake of the Woods, Township of

3203

92

5815

Lakehead District School Board Locality

3201

216

3751

Lakeshore, Town of

2700

3,521

3751

Lakeshore, Town of

2709

1,934

3751

Lakeshore, Town of

2706

2,448

3751

Lakeshore, Town of

2705

3,483

3751

Lakeshore, Town of

2707

3,204

3845

Lambton Shores, Municipality of

2611

1,519

3845

Lambton Shores, Municipality of

2621

6,000

0940

Lanark Highlands, Township of

0206

213

3734

Lasalle, Town of

2705

3,101

4792

Laurentian Hills, Town of

0402

175

4766

Laurentian Valley, Township of

0403

217

5916

Lavallee, Township of

3203

103

5916

Lavallee, Township of

3205

257

3706

Leamington, Municipality of

2703

5,081

3706

Leamington, Municipality of

2704

4,824

3706

Leamington, Municipality of

2702

4,451

0812

Leeds and the Thousand Islands, Township of

0201

260

2622

Lincoln, Town of

1802

1,986

2622

Lincoln, Town of

1805

2,933

2622

Lincoln, Town of

1804

6,465

2622

Lincoln, Town of

1803

8,317

3936

London, City of

2328

1,946

3936

London, City of

2309

1,274

3936

London, City of

2306

1,506

1104

Loyalist, Township of

0501

332

1104

Loyalist, Township of

0503

360

3958

Lucan Biddulph, Township of

2315

1,165

5751

Macdonald Meredith et al, Township of

3101

171

4954

Machar, Township of

2804

267

6021

Machin, Municipality of

3207

106

4726

Madawaska Valley, Township of

0402

176

1236

Madoc, Township of

0601

288

4944

Magnetawan, Municipality of

2804

221

3408

Malahide, Township of

2326

1,261

3408

Malahide, Township of

2325

1,094

5102

Manitoulin Locality

3001

253

2332

Mapleton, Township of

2209

1,900

1936

Markham, Town of

1401

7,937

5208

Markstay-Warren, Municipality of

3002

133

1241

Marmora/Lake/Deloro, Township of

0606

225

1241

Marmora/Lake/Deloro, Township of

0601

288

5677

Mattice-Val Cote, Township of

2908

106

4931

Mcdougall, Municipality of

2804

206

4928

Mckellar, Township of

2804

166

4912

Mcmurrich/Monteith, Township of

2804

231

4701

Mcnab/Braeside, Township of

0401

286

4210

Meaford, Municipality of

2502

911

4210

Meaford, Municipality of

2507

1,053

2219

Melancthon, Township of

2205

588

0714

Merrickville-Wolford, Village of

0201

272

3939

Middlesex Centre, Township of

2328

1,513

3939

Middlesex Centre, Township of

2319

1,105

3939

Middlesex Centre, Township of

2306

1,531

4374

Midland, Town of

1602

1,276

2409

Milton, Town of

1505

3,515

2409

Milton, Town of

1504

5,211

4616

Minden Hills, Township of

0703

244

2341

Minto, Town of

2210

830

0931

Mississippi Mills, Town of

0205

341

2212

Mono, Town of

2204

1,676

0901

Montague, Township of

0204

280

5656

Moonbeam, Township of

2908

105

5931

Morley, Township of

3203

79

5931

Morley, Township of

3205

174

4060

Morris-Turnberry, Municipality of

2406

770

4060

Morris-Turnberry, Municipality of

2407

1,008

2216

Mulmur, Township of

2204

1,919

4453

Muskoka Lakes, Township of

1701

252

5801

Neebing, Municipality of

3201

214

4324

New Tecumseth, Town of

1605

3,465

3902

Newbury, Village of

2317

692

1948

Newmarket, Town of

1402

6,149

2725

Niagara Falls, City of

1801

922

2725

Niagara Falls, City of

1802

1,306

2725

Niagara Falls, City of

1805

2,308

2627

Niagara-on-the-Lake, Town of

1801

1,103

2627

Niagara-on-the-Lake, Town of

1804

6,280

2627

Niagara-on-the-Lake, Town of

1803

14,299

4899

Nipissing Combined School Boards Locality

2801

176

4971

Nipissing, Township of

2804

172

3310

Norfolk, County of

2005

1,162

3310

Norfolk, County of

2004

1,318

4769

North Algona Wilberforce, Township of

0403

218

4844

North Bay, City of

2802

139

3001

North Dumfries, Township of

2102

2,059

0511

North Dundas, Township of

0120

781

1042

North Frontenac, Township of

0502

201

0111

North Glengarry, Township of

0105

420

0719

North Grenville, Municipality of

0202

403

4050

North Huron, Township of

2410

966

1536

North Kawartha, Township of

0703

231

1536

North Kawartha, Township of

0705

431

3954

North Middlesex, Municipality of

2304

1,187

3954

North Middlesex, Municipality of

2324

1,063

3954

North Middlesex, Municipality of

2319

887

3140

North Perth, Town of

2404

1,641

3140

North Perth, Town of

2403

1,852

0411

North Stormont, Township of

0105

423

0411

North Stormont, Township of

0120

773

5119

Northeastern Manitoulin and The Islands, Town of

3001

250

4109

Northern Bruce Peninsula, Municipality of

2509

426

3202

Norwich, Township of

2303

539

3202

Norwich, Township of

2305

739

3202

Norwich, Township of

2301

1,269

2401

Oakville, Town of

1501

9,887

5816

Oconnor, Township of

3201

196

3818

Oil Springs, Village of

2617

1,048

5808

Oliver Paipoonge, Municipality of

3202

614

4352

Orillia, City of

1604

1,188

4346

Oro-Medonte, Township of

1602

1,114

4346

Oro-Medonte, Township of

1601

1,435

1813

Oshawa, City of

1302

2,070

1813

Oshawa, City of

1301

4,378

1506

Otonabee-South Monaghan, Township of

0701

632

0614

Ottawa, City of

0302

816

0614

Ottawa, City of

0301

858

4259

Owen Sound, City of

2502

795

4816

Papineau-Cameron, Township of

2801

129

4932

Parry Sound, Town of

2804

196

3701

Pelee, Township of

2701

2,213

2732

Pelham, Town of

1802

2,797

2732

Pelham, Town of

1805

3,751

2732

Pelham, Town of

1806

5,418

2732

Pelham, Town of

1804

6,602

4764

Pembroke, City of

0403

232

4372

Penetanguishene, Town of

1602

749

4914

Perry, Township of

2804

313

3110

Perth East, Township of

2402

1,919

3110

Perth East, Township of

2401

2,111

3120

Perth South, Township of

2401

1,967

0921

Perth, Town of

0201

292

4779

Petawawa, Town of

0402

213

1514

Peterborough, City of

0701

720

3819

Petrolia, Town of

2617

1,048

1801

Pickering, City of

1301

5,163

5719

Plummer Additional, Township of

3101

170

3835

Plympton-Wyoming, Town of

2610

1,274

2711

Port Colborne, City of

1801

1,119

1423

Port Hope, Municipality of

0607

1,634

4959

Powassan, Municipality of

2804

184

1350

Prince Edward County, City of

0602

459

5766

Prince, Township of

3105

675

2301

Puslinch, Township of

2212

1,623

1204

Quinte West, City of

0602

613

5902

Rainy River District Locality

3203

83

4348

Ramara, Township of

1603

321

4348

Ramara, Township of

1602

793

5841

Red Rock, Township of

3204

185

1938

Richmond Hill, Town of

1401

7,345

0831

Rideau Lakes, Township of

0201

276

0306

Russell, Township of

0120

804

4924

Ryerson, Township of

2804

216

5218

Sables-Spanish Rivers, Township of

3001

187

3829

Sarnia, City of

2610

1,328

4110

Saugeen Shores, Town of

2503

875

4110

Saugeen Shores, Town of

2504

1,609

5761

Sault Ste Marie, City of

3105

672

1820

Scugog, Township of

1304

1,379

1820

Scugog, Township of

1302

2,315

4903

Seguin, Township of

2804

178

4351

Severn, Township of

1603

363

4351

Severn, Township of

1602

984

2221

Shelburne, Town of

2204

1,798

5828

Shuniah, Township of

3201

209

1516

Smith Ennismore Lakefield, Township of

0701

600

5648

Smooth Rock Falls, Town of

2908

100

4801

South Algonquin, Township of

2801

118

4105

South Bruce, Municipality of

2505

972

4105

South Bruce, Municipality of

2504

1,105

4102

South Bruce Peninsula, Town of

2509

428

4102

South Bruce Peninsula, Town of

2501

549

0506

South Dundas, Township of

0104

505

0506

South Dundas, Township of

0105

425

0506

South Dundas, Township of

0120

775

1029

South Frontenac, Township of

0501

280

0101

South Glengarry, Township of

0104

528

0101

South Glengarry, Township of

0102

576

0101

South Glengarry, Township of

0115

669

0101

South Glengarry, Township of

0101

1,026

4010

South Huron, Municipality of

2405

1,270

4995

South River Territorial School Area

2804

185

0406

South Stormont, Township of

0106

374

0406

South Stormont, Township of

0104

500

4207

Southgate, Township of

2508

669

4207

Southgate, Township of

2512

869

3906

Southwest Middlesex, Municipality of

2314

726

3906

Southwest Middlesex, Municipality of

2317

693

3211

South-West Oxford, Township of

2302

1,526

3424

Southwold, Township of

2327

563

3424

Southwold, Township of

2309

900

5739

Spanish, Town of

3101

174

4341

Springwater, Township of

1606

1,563

2629

St Catherines, City of

1804

6,602

2629

St Catherines, City of

1803

10,048

5204

St Charles, Municipality of

3002

130

3805

St Clair, Township of

2616

1,565

3805

St Clair, Township of

2614

828

3805

St Clair, Township of

2615

1,087

5708

St Joseph, Township of

3101

190

3421

St Thomas, City of

2309

709

1220

Stirling-Rawdon, Township of

0603

378

1124

Stone Mills, Township of

0501

270

3111

Stratford, City of

2401

2,044

3916

Strathroy-Caradoc, Township of

2320

1,016

3916

Strathroy-Caradoc, Township of

2306

1,400

4946

Strong, Township of

2804

207

5202

Sudbury Locality

3002

182

5714

Tarbutt and Tarbutt Additional, Township of

3101

175

4353

Tay, Township of

1602

1,292

4353

Tay, Township of

1604

1,134

0911

Tay Valley, Township of

0201

311

3744

Tecumseh, Town of

2705

3,624

5101

Tehkummah, Township of

3001

240

5418

Temiskaming Shores, City of

2902

203

5418

Temiskaming Shores, City of

2903

341

5418

Temiskaming Shores, City of

2904

432

3926

Thames Centre, Municipality of

2312

1,170

3926

Thames Centre, Municipality of

2307

1,571

0212

The Nation, Municipality of

0105

425

0212

The Nation, Municipality of

0106

375

0212

The Nation, Municipality of

0104

494

0212

The Nation, Municipality of

0120

770

5728

Thessalon, Town of

3101

174

5438

Thornloe, Village of

2905

705

2731

Thorold, City of

1802

2,013

2731

Thorold, City of

1805

2,512

2731

Thorold, City of

1806

5,604

5804

Thunder Bay, City of

3202

416

5899

Thunder Bay Provincial Land Tax Area

3204

185

3204

Tillsonburg, Town of

2305

1,503

5490

Timiskaming Locality

2906

288

5627

Timmins, City of

2905

529

4368

Tiny, Township of

1602

1,747

4368

Tiny, Township of

1606

2,108

1901

Toronto, City of

0901

4,925

1435

Trent Hills, Municipality of

0603

620

1248

Tudor Cashel, Township of

0606

226

1231

Tweed, Municipality of

0606

227

1231

Tweed, Municipality of

0601

282

1201

Tyendinaga, Township of

0601

311

5897

Upsala District School Area Locality

3204

252

1829

Uxbridge, Township of

1307

2,314

1829

Uxbridge, Township of

1306

4,473

5670

Val Rita-Harty, Township of

2908

83

1928

Vaughan, City of

1401

7,156

2714

Wainfleet, Township of

1801

1,131

3841

Warwick, Township of

2611

1,292

4364

Wasaga Beach, Town of

1606

1,247

3016

Waterloo, City of

2101

3,762

2719

Welland, City of

1801

1,026

2719

Welland, City of

1802

2,007

3024

Wellesley, Township of

2103

3,427

2349

Wellington North, Township of

2211

665

3434

West Elgin, Municipality of

2310

803

4205

West Grey, Municipality of

2502

785

4205

West Grey, Municipality of

2511

880

2602

West Lincoln, Township of

1801

1,058

2602

West Lincoln, Township of

1802

1,517

4852

West Nipissing, Municipality of

2801

114

4998

West Parry Sound Board of Education Locality

2804

168

3130

West Perth, Municipality of

2401

2,081

0842

Westport, Village of

0201

292

1809

Whitby, Town of

1302

2,082

1809

Whitby, Town of

1301

4,449

1944

Whitchurch-Stouffville, Town of

1402

6,165

4939

Whitestone, Municipality of

2804

171

4758

Whitewater Region, Township of

0403

246

3018

Wilmot, Township of

2102

3,633

3739

Windsor, City of

2705

3,483

1254

Wollaston, Township of

0606

228

3242

Woodstock, City of

2318

1,759

3029

Woolwich, Township of

2102

3,483

3227

Zorra, Township of

2311

1,671

O. Reg. 101/09, s. 2.

table 2
MANAGED FOREST VALUES BY LAND BAND

Land Band

Value per Acre ($)

0101

1,026

0102

576

0104

501

0105

422

0106

376

0109

246

0111

345

0115

669

0120

777

0201

292

0202

403

0203

252

0204

291

0205

341

0206

213

0301

858

0302

816

0401

286

0402

178

0403

232

0501

269

0502

202

0503

366

0601

290

0602

563

0603

529

0604

1,326

0606

232

0607

1,634

0609

1,073

0701

570

0702

795

0703

264

0704

360

0705

507

0901

4,925

1301

4,925

1302

2,258

1303

2,210

1304

1,131

1305

1,246

1306

4,473

1307

2,314

1401

7,400

1402

6,149

1403

3,711

1404

1,718

1410

11,400

1411

4,025

1501

10,280

1502

4,270

1503

6,569

1504

5,122

1505

3,515

1506

4,839

1601

1,435

1602

1,097

1603

351

1604

1,188

1605

3,117

1606

1,567

1607

806

1610

5,350

1611

11,400

1612

8,750

1701

246

1801

1,103

1802

2,007

1803

10,048

1804

6,602

1805

3,124

1806

5,604

1901

3,117

1902

3,117

1903

2,719

2001

796

2002

629

2003

2,042

2004

1,318

2005

1,162

2006

1,771

2007

1,771

2101

3,762

2102

3,179

2103

3,427

2201

1,702

2202

1,035

2203

917

2204

1,798

2205

588

2208

1,219

2209

1,900

2210

830

2211

665

2212

1,218

2213

1,514

2301

1,269

2302

1,526

2303

539

2304

1,187

2305

805

2306

1,427

2307

1,571

2308

828

2309

1,100

2310

803

2311

1,671

2312

1,170

2313

821

2314

726

2315

1,165

2316

904

2317

692

2318

2,189

2319

1,049

2320

1,016

2321

1,016

2323

726

2324

1,063

2325

1,094

2326

1,261

2327

563

2328

1,538

2329

1,632

2330

1,180

2401

2,044

2402

1,919

2403

1,852

2404

1,447

2405

1,339

2406

849

2407

1,008

2410

964

2411

1,017

2412

1,141

2501

549

2502

795

2503

920

2504

1,114

2505

988

2506

1,103

2507

965

2508

669

2509

427

2510

799

2511

880

2512

869

2513

682

2514

916

2515

874

2516

479

2517

1,623

2520

776

2600

1,003

2601

1,005

2602

2,107

2603

929

2604

929

2605

1,836

2606

1,345

2607

1,345

2608

1,369

2609

1,047

2610

1,284

2611

1,383

2612

995

2614

828

2615

1,087

2616

1,565

2617

1,048

2618

832

2620

5,500

2621

6,000

2700

3,521

2701

2,213

2702

4,736

2703

4,690

2704

4,958

2705

3,483

2706

2,448

2707

3,204

2708

2,316

2709

1,934

2710

6,000

2711

2,615

2801

127

2802

139

2804

196

2901

65

2902

203

2903

341

2904

432

2905

415

2906

307

2907

118

2908

106

3001

240

3002

148

3003

75

3004

300

3101

174

3102

125

3103

58

3105

675

3201

217

3202

594

3203

85

3204

185

3205

162

3206

75

3207

106

O. Reg. 394/08, s. 5.

part x
tables re assessment of pipe lines

Tables 1-5 Revoked:  O. Reg. 309/08, s. 3 (1).

TABLE 6
OFFSHORE PIPE LINES — 2006 to 2008 taxation years

Outside Diameter (in inches)

Rate (in dollars per foot)

1

3.15

1.25 to 1.5

5.34

2 to 2.5

8.70

3

12.63

4 to 4.5

14.16

5 to 55/8

15.56

6 to less than 8

18.54

8

26.40

O. Reg. 371/05, s. 3; O. Reg. 126/07, s. 2.

Table 7
PLASTIC FIELD GATHERING PIPE LINES AND PLASTIC GAS DISTRIBUTION PIPE LINES — 2006 to 2008 taxation years

Outside Diameter (in inches)

Rate (in dollars per foot)

0.5

2.76

1.00

3.32

1.25 to 1.5

3.88

2 to 2.5

5.00

3

8.03

4 to 4.5

9.67

6 to less than 8

20.56

8

25.67

O. Reg. 371/05, s. 3; O. Reg. 126/07, s. 3.

Table 8
PIPE LINES OTHER THAN those TO WHICH TABLE 6 or 7 APPLies — 2006 to 2008 taxation years

Outside Diameter (in inches)

Rate (in dollars per foot)

0.75 to 1.0

8.20

1.25 to 1.5

9.72

2 to 2.5

11.46

3

16.41

4 to 4.5

19.10

5 to 55/8

21.79

6 to 65/8

24.60

8

31.73

10

37.52

12

48.14

14

58.87

16

77.23

18

92.29

20

102.34

22

121.27

24

143.34

26

160.87

28

188.79

30

200.35

32

233.27

34

256.92

36

277.87

38

301.97

40

324.27

42

354.26

44

389.42

46

424.86

48

444.59

O. Reg. 371/05, s. 3; O. Reg. 126/07, s. 4.

Table 9
DEPRECIATION RATES for OFFSHORE PIPE LINES — 2006 to 2008 taxation years

Year of Installation of Pipe line

Percentage Reduction

1974 or earlier

80

1975

79

1976

78

1977

76

1978

75

1979

73

1980

72

1981

71

1982

70

1983

68

1984

67

1985

66

1986

65

1987

63

1988

62

1989

61

1990

59

1991

57

1992

57

1993

56

1994

54

1995

52

1996

51

1997

49

1998

44

1999

39

2000

33

2001

27

2002

21

2003

15

2004

10

2005

5

2006

0

O. Reg. 371/05, s. 3; O. Reg. 126/07, s. 5.

Table 10
Pipe lines other than those TO WHICH TABLE 9 APPLIES — 2006 to 2008 taxation years

Year of Installation of Pipe line

Percentage Reduction

1937 or earlier

80

1938

79

1939

78

1940

78

1941

78

1942

76

1943

76

1944

75

1945

75

1946

74

1947

73

1948

73

1949

73

1950

71

1951

71

1952

70

1953

69

1954

69

1955

68

1956

68

1957

67

1958

66

1959

65

1960

65

1961

64

1962

64

1963

63

1964

62

1965

61

1966

61

1967

60

1968

60

1969

59

1970

58

1971

57

1972

57

1973

56

1974

56

1975

55

1976

55

1977

54

1978

53

1979

52

1980

52

1981

51

1982

50

1983

49

1984

47

1985

44

1986

42

1987

40

1988

37

1989

35

1990

32

1991

30

1992

27

1993

24

1994

22

1995

20

1996

18

1997

16

1998

14

1999

12

2000

10

2001

8

2002

8

2003

7

2004

4

2005

2

2006

0

O. Reg. 371/05, s. 3; O. Reg. 126/07, s. 6.

TABLE 11
OFFSHORE PIPE LINES — 2009 to 2012 taxation years

Outside Diameter (in inches)

Rate (in dollars per foot)

1

3.97

1.25 to 1.5

6.73

2 to 2.5

10.96

3

15.92

4 to 4.5

17.85

5 to 55/8

19.61

6 to less than 8

23.37

8

33.27

O. Reg. 309/08, s. 3 (2).

Table 12
PLASTIC FIELD GATHERING PIPE LINES AND PLASTIC GAS DISTRIBUTION PIPE LINES — 2009 to 2012 taxation years

Outside Diameter (in inches)

Rate (in dollars per foot)

0.5

3.48

1

4.18

1.25 to 1.5

4.89

2 to 2.5

6.30

3

10.12

4 to 4.5

12.19

6 to less than 8

25.91

8

32.35

O. Reg. 309/08, s. 3 (2).

Table 13
PIPE LINES OTHER THAN those TO WHICH TABLE 11 OR 12 APPLies — 2009 to 2012 taxation years

Outside Diameter (in inches)

Rate (in dollars per foot)

0.75 to 1.0

10.33

1.25 to 1.5

12.25

2 to 2.5

14.44

3

20.68

4 to 4.5

24.07

5 to 55/8

27.46

6 to 65/8

31.00

8

39.99

10

47.29

12

60.67

14

74.19

16

97.33

18

116.31

20

128.98

22

152.84

24

180.65

26

202.74

28

237.93

30

252.50

32

293.99

34

323.80

36

350.20

38

380.57

40

408.68

42

446.47

44

490.79

46

535.45

48

560.32

O. Reg. 309/08, s. 3 (2).

Table 14
DEPRECIATION RATES for OFFSHORE PIPE LINES — 2009 to 2012 taxation years

Year of Installation of Pipe Line

Percentage Reduction

1977 or earlier

80

1978

79

1979

78

1980

76

1981

75

1982

73

1983

72

1984

71

1985

70

1986

68

1987

67

1988

66

1989

65

1990

63

1991

62

1992

61

1993

59

1994

57

1995

57

1996

56

1997

54

1998

52

1999

51

2000

49

2001

44

2002

39

2003

33

2004

27

2005

21

2006

15

2007

10

2008

5

2009

0

O. Reg. 309/08, s. 3 (2).

Table 15
PIPE LINES OTHER THAN those TO WHICH TABLE 14 APPLIES — 2009 to 2012 taxation years

Year of Installation of Pipe Line

Percentage Reduction

1940 or earlier

80

1941

79

1942

78

1943

78

1944

78

1945

76

1946

76

1947

75

1948

75

1949

74

1950

73

1951

73

1952

73

1953

71

1954

71

1955

70

1956

69

1957

69

1958

68

1959

68

1960

67

1961

66

1962

65

1963

65

1964

64

1965

64

1966

63

1967

62

1968

61

1969

61

1970

60

1971

60

1972

59

1973

58

1974

57

1975

57

1976

56

1977

56

1978

55

1979

55

1980

54

1981

53

1982

52

1983

52

1984

51

1985

50

1986

49

1987

47

1988

44

1989

42

1990

40

1991

37

1992

35

1993

32

1994

30

1995

27

1996

24

1997

22

1998

20

1999

18

2000

16

2001

14

2002

12

2003

10

2004

8

2005

8

2006

7

2007

4

2008

2

2009

0

O. Reg. 309/08, s. 3 (2).