O. Reg. 298/20: TRADITIONAL MUNICIPAL TAXES, LIMITS AND COLLECTION

 

ontario regulation 298/20

made under the

City of Toronto Act, 2006

Made: June 12, 2020
Filed: June 23, 2020
Published on e-Laws: June 23, 2020
Printed in The Ontario Gazette: July 11, 2020

Amending O. Reg. 121/07

(TRADITIONAL MUNICIPAL TAXES, LIMITS AND COLLECTION)

1. Section 16 of Ontario Regulation 121/07 is amended by adding the following subsection:

(3) In sections 17 to 20,

“excess land subclass” means any subclass of real property prescribed under paragraph 3 of subsection 8 (1) of the Assessment Act;

“vacant land subclass” means any subclass of real property prescribed under paragraph 2 of subsection 8 (1) of the Assessment Act.

2. Subsection 17 (1) of the Regulation is amended by adding “Subject to section 17.1” at the beginning.

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

17.1 If a portion of a property is in the excess land subclass or the vacant land subclass, the amount determined under paragraph 2 of subsection 291 (1) of the Act for a taxation year in respect of the property shall be adjusted in accordance with the following:

1. Determine the percentage that each of the following portions of the property represents of the property:

i. The portion in the excess land subclass, if any.

ii. The portion in the vacant land subclass, if any.

iii. The portion that is not in either the excess land subclass or the vacant land subclass.

2. Multiply each percentage determined under paragraph 1 by the amount determined under paragraph 2 of subsection 291 (1) of the Act for the taxation year in respect of the property to determine the amount apportioned to each portion of the property.

3. Calculate an adjustment fraction for each portion of the property using the formula set out in subsection 17 (3), treating each portion as if it were a separate property.

4. For each portion, multiply the amount apportioned to it under paragraph 2 by its adjustment fraction determined under paragraph 3.

5. Add together the amounts determined for each portion under paragraph 4.

6. Adjust the amount determined under paragraph 2 of subsection 291 (1) of the Act for the taxation year in respect of the property by,

i. increasing it by the amount determined under paragraph 5, if the amount is positive, or

ii. decreasing it by the amount determined under paragraph 5, if the amount is negative.

4. Section 18 of the Regulation is amended by adding the following subsection:

(3) For the purposes of determining the actual tax rate for a property for a taxation year under subsection (1), if the property is in the excess land subclass or the vacant land subclass, each tax rate for the taxation year for municipal or school purposes applicable to the property shall be reduced in accordance with the reduction, if any, that applies to the tax rate under section 278 of the Act or section 257.7 of the Education Act.

5. Subsection 19 (1) of the Regulation is amended by adding the following paragraph:

7. For the purposes of paragraphs 5 and 6, if the property is in the excess land subclass or the vacant land subclass and a reduction applied to the tax rates applicable to the property in the previous year under section 278 of the Act or section 257.7 of the Education Act,

i. the class rates to raise the previous year’s levy, as determined under paragraph 5, shall each be reduced by the amount of the reduction under section 313 of the Act to the tax rates applicable to the property in the current year, and

ii. the tax rate for the taxation year for school purposes shall be reduced by the amount of the reduction under section 257.7 of the Education Act to the tax rates for school purposes applicable to the property in the previous year.

Commencement

6. This Regulation comes into force on the day it is filed.

Made by:

Rod Phillips

Minister of Finance

Date made: June 12, 2020