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O. Reg. 388/99: INTERIM LEVIES IN TERRITORY WITHOUT MUNICIPAL ORGANIZATION

under Education Act, R.S.O. 1990, c. E.2

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current May 17, 2002 (e-Laws currency date)

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Education Act

ONTARIO REGULATION 388/99

INTERIM LEVIES IN TERRITORY WITHOUT MUNICIPAL ORGANIZATION

Consolidation Period: From May 17, 2002 to the e-Laws currency date.

Last amendment: O.Reg. 154/02.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“deemed district municipality” means a part of territory without municipal organization that is deemed under Ontario Regulation 467/97 or 468/97 to be a district municipality; (“territoire réputé une municipalité de district”)

“levying board” means a board that is required to levy rates under section 257.7 of the Act and section 21.1 of the Provincial Land Tax Act; (“conseil qui prélève les impôts”)

“property class” means a class of real property prescribed under Part II of Ontario Regulation 282/98 made under the Assessment Act. (“catégorie de biens”) O. Reg. 388/99, s. 1 (1).

(2) For the purposes of this Regulation, property is taxable if the property is liable to taxation under section 257.6 of the Act, under section 21.1 of the Provincial Land Tax Act or both. O. Reg. 388/99, s. 1 (2).

2. (1) A levying board may pass a by-law levying interim taxes on account of the taxes to be levied by it under section 257.7 of the Act and section 21.1 of the Provincial Land Tax Act. O. Reg. 388/99, s. 2 (1).

(2) The by-law shall specify an interim tax rate for the taxable property in each property class in each deemed district municipality within the jurisdiction of the board. O. Reg. 388/99, s. 2 (2).

3. (1) Subject to subsection (2), a by-law under section 2 levying interim tax rates shall be passed in the year for which the final tax rates are to be levied. O. Reg. 388/99, s. 3 (1).

(2) A by-law under section 2 levying interim tax rates may be passed in December of the previous year if it provides that it does not come into force until a specified day in the year for which the final tax rates are to be levied. O. Reg. 388/99, s. 3 (2).

4. (1) The interim tax rates to be levied under the by-law are subject to the following restrictions:

1. The interim tax rate on property in a property class must be set for each deemed district municipality so that,

i. the total amount raised under the by-law on all the properties that are in the property class and in the deemed district municipality,

does not exceed,

ii. 50 per cent of the total amount raised for the previous year by the levying of tax rates under section 257.7 of the Act and section 21.1 of the Provincial Land Tax Act on all the properties that, in the current year, are in the property class and in the deemed district municipality.

2. For each deemed district municipality, the interim tax rates for different classes of property must be in the same proportion to each other as were the sum of the final tax rates under section 257.7 of the Act and section 21.1 of the Provincial Land Tax Act for those classes of property in that deemed district municipality for the previous year. O. Reg. 388/99, s. 4 (1).

(2) For the purpose of subparagraph 1 ii of subsection (1), the total amount raised for the previous year shall be adjusted in accordance with the following:

1. If any tax rates were levied for the previous year for only part of the year because assessment was added to the collector’s roll during the year, an amount shall be added equal to the additional taxes that would have been levied if the tax rates had been levied for the entire year.

2. The amount shall be decreased by the amount of deferrals and rebates under sections 7 and 8 of Ontario Regulation 509/98 for the previous year.

3. The amount shall be increased by any taxes that were deferred under section 7 of Ontario Regulation 509/98, but were due in respect of the previous year. O. Reg. 388/99, s. 4 (2).

(3) If a by-law is passed before the assessment roll for taxation in the current year is returned, the calculations in respect of interim tax rates for the current year required by subsection (1) shall be based on the assessment according to,

(a) the assessment roll for taxation for the previous year as most recently revised before the by-law is passed; or

(b) a preliminary assessment roll provided by the Municipal Property Assessment Corporation for the purpose. O. Reg. 388/99, s. 4 (3); O. Reg. 154/02, s. 1.

5. (1) If the by-law is passed before the assessment roll for taxation in the current year is returned, the tax rates specified in it shall be levied on,

(a) taxable property as shown in the assessment roll relied on under subsection 4 (3); and

(b) if the by-law so provides, taxable property added, after the by-law is passed, to the collector’s roll for taxation for the current year. O. Reg. 388/99, s. 5 (1).

(2) If the by-law is passed after the assessment roll for taxation in the current year is returned, the tax rates specified in it shall be levied on,

(a) taxable property as shown in that assessment roll, as most recently revised before the by-law is passed; and

(b) if the by-law so provides, taxable property added, after the by-law is passed, to the collector’s roll for taxation for the current year. O. Reg. 388/99, s. 5 (2).

6. (1) An amount levied under the by-law on a property for a year shall be deducted from the other amounts levied on the property for the year that are payable to the levying board. O. Reg. 388/99, s. 6 (1).

(2) If the amount levied under the by-law on a property for a year exceeds the total of the amounts levied on the property for the year that are payable to the levying board, the treasurer of the board shall refund the excess amount not later than 21 days after giving notice of the demand for the final taxes payable under section 257.7 of the Act and section 21.1 of the Provincial Land Tax Act for the year. O. Reg. 388/99, s. 6 (2).

7. (1) This section applies in respect of properties on which rates under both section 257.7 of the Act and section 21.1 of the Provincial Land Tax Act are levied. O. Reg. 388/99, s. 7 (1).

(2) For the purposes of sections 257 and 257.10 of the Act and for the purposes of subsection 21.1 (7) of the Provincial Land Tax Act, the interim amount levied on a property under the by-law for the current year shall be apportioned between taxation under section 257.7 of the Act and taxation under section 21.1 of the Provincial Land Tax Act in the same proportion in which the tax rates under each were levied in the previous year on properties that in the previous year were in the property class that the property is in in the current year. O. Reg. 388/99, s. 7 (2).

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