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O. Reg. 81/04: TAX MATTERS - TAXATION OF CERTAIN RAILWAY, POWER UTILITY LANDS

filed March 31, 2004 under Education Act, R.S.O. 1990, c. E.2

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ontario regulation 81/04

made under the

education act

Made: March 31, 2004
Filed: March 31, 2004
Printed in The Ontario Gazette: April 17, 2004

Amending O. Reg. 392/98

(Tax Matters — Taxation of Certain Railway, Power Utility Lands)

1. Section 1 of Ontario Regulation 392/98 is amended by striking out “subsection 368.3 (1) of the Municipal Act” and substituting “subsection 315 (1) of the Municipal Act, 2001”.

2. Section 2 of the Regulation is amended by striking out “subsection 368.3 (6) of the Municipal Act” and substituting “subsection 315 (6) of the Municipal Act, 2001”.

3. Section 5 of the Regulation is amended by striking out “subsection 368.3 (1) of the Municipal Act” and substituting “subsection 315 (1) of the Municipal Act, 2001”.

4. Subsection 6 (1) of the Regulation is amended by striking out “subsection 368.3 (1) of the Municipal Act” and substituting “subsection 315 (1) of the Municipal Act, 2001”.

5. Subsection 7 (1) of the Regulation is amended by striking out “subsection 368.3 (1) of the Municipal Act” and substituting “subsection 315 (1) of the Municipal Act, 2001”.

6. Subsection 8 (1) of the Regulation is amended by striking out “subsection 368.3 (1) of the Municipal Act” and substituting “subsection 315 (1) of the Municipal Act, 2001”.

7. The Regulation is amended by adding the following section:

9. (1) Despite section 2 and subject to subsection (2), for land described in subsection 315 (1) of the Municipal Act, 2001 that was owned by the owner on December 31, 1997 and is still owned by the same owner on January 1, 2003, the tax rates determined under section 8 for the municipality or locality in which the land is located are prescribed as the tax rates for school purposes for 2003, for the purposes of section 257.7 of the Act.

(2) If the tax rate for the municipality or territory determined under section 8 is greater than the tax rate that applied for the municipality or territory in Table 1, the tax rate determined under subsection (1) for that municipality or territory shall be reduced by one-third of the difference.

8. Table 1 of the Regulation is amended by striking out the portion before Row 1 and substituting the following:

 

TABLE 1
TAX RATES FOR LAND DESCRIBED IN PARAGRAPHS 1 AND 2 OF SUBSECTION 315 (1) OF THE MUNICIPAL ACT, 2001

Geographic areas as described in subsection 315 (6) of the Municipal Act, 2001

Tax rates for land described in paragraphs 1 and 2 of subsection 315 (1) of the Municipal Act, 2001 — expressed as dollars per acre

 

 

Paragraph 1 (Railway rights-of-way)

Paragraph 2 (Electrical corridors)

 

. . . . .

9. Table 17 is amended by striking out the row in which “County of Haldimand” is set out in the first column and substituting the following:

 

County of Haldimand

118.72

55.47

57.84

 

10. (1) Section 9 shall be deemed to have come into force on January 1, 2001.

(2) Sections 1, 2, 3, 4, 5, 6, 7 and 8 shall be deemed to have come into force on January 1, 2003.

Made by:

Gregory Sorbara

Minister of Finance

Date made: March 31, 2004.