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ONTARIO regulation 247/03

made under the

retail sales tax act

Made: June 11, 2003
Filed: June 12, 2003
Printed in The Ontario Gazette: June 28, 2003

Amending Reg. 1013 of R.R.O. 1990

(General)

Note: Since the end of 2002, Regulation 1013 has been amended by Ontario Regulation 27/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. The definition of “capital investment” in section 1 of Regulation 1013 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“capital investment” means, in respect of a religious, charitable or benevolent organization, the result of any construction project that, when complete, is real property, including real property that is leasehold property;

2. (1) Subsection 14 (2.2) of the Regulation is revoked and the following substituted:

(2.2) Subject to subsection (2.2.1), a religious, charitable or benevolent organization is not eligible for a rebate in respect of the purchase, lease or acquisition of a building or structure.

(2.2.1) A religious, charitable or benevolent organization is eligible for a rebate in respect of the lease of a building or structure if,

(a) the lease is for a period of not less than 20 years;

(b) under the terms of the lease, possession of the building or structure is to be transferred to the organization immediately following substantial completion of the building or structure; and

(c) the organization has the right to acquire the building or structure for nil or nominal consideration after the period described in clause (a).

(2) Subsection 14 (3) of the Regulation is amended by striking out  “organization” and substituting “organization or the lessor”.

(3) Subsection 14 (4) of the Regulation is amended by striking out  “benevolent organization” and substituting “benevolent organization or the lessor”.

(4) Section 14 of the Regulation is amended by adding the following subsection:

(4.1) If a construction contract pursuant to an arrangement described in subsection (2.2.1) was entered into before March 28, 2003, the amount of the rebate to the governing body of the religious, charitable or benevolent organization shall be determined under subsection (4) using as a total contract price the amount of the total contract price, as otherwise determined, that is paid on or after that date.

(5) Subsection 14 (6) of the Regulation is amended by striking out “organization” and substituting “organization or the lessor”.

(6) Section 14 of the Regulation is amended by adding the following subsection:

(11) In this section,

“lessor” means the lessor under a lease of a building or structure in respect of which a religious, charitable or benevolent organization is eligible for a rebate under this section by reason of subsection (2.2.1).

3. This Regulation shall be deemed to have come into force on March 28, 2003.