O. Reg. 828/21: GENERAL
filed December 9, 2021 under Assessment Act, R.S.O. 1990, c. A.31
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made under the
Assessment Act
Made: December 9, 2021
Filed: December 9, 2021
Published on e-Laws: December 10, 2021
Printed in The Ontario Gazette: December 25, 2021
Amending O. Reg. 282/98
(GENERAL)
1. Section 22 of Ontario Regulation 282/98 is revoked and the following substituted:
22. (1) Two subclasses for small-scale on-farm business are prescribed for each of the industrial and commercial property classes.
(2) Subject to subsections (4) and (5), the subclasses for small-scale on-farm business for the industrial property class consist of land in that class that satisfies the following requirements:
1. The land is used primarily to process, or manufacture something from, a farm product or products that are produced on the land or on land used to carry on the same farming business.
2. The land would be in the farm property class if the activities described in paragraph 1 were not carried out on the land.
(3) Subject to subsections (4) and (5), the subclasses for small-scale on-farm business for the commercial property class consist of land in that class, other than a grain elevator as defined in subsection 17.1 (2), that satisfies the following requirements:
1. The land is used primarily to sell farm products, or a product derived from a farm product or products, that are produced on the land or on land used to carry on the same farming business.
2. The land would be in the farm property class if the activities described in paragraph 1 were not carried out on the land.
(4) If the assessed value of land described in either or both of subsections (2) and (3), as the case may be, is equal to or greater than $1,000,000, the land shall not be included in either of the subclasses for small-scale on-farm business for either property class.
(5) The maximum assessed value of land that is eligible for inclusion in the first and second subclasses for small-scale on-farm business for the industrial property class and the first and second subclasses for small-scale on-farm business for the commercial property class is $100,000, the maximum assessed value of land that is eligible for inclusion in each subclass being,
(a) for the first subclass for the industrial property class, $50,000;
(b) for the first subclass for the commercial property class, $50,000, less the assessed value of the land included in the first subclass for the industrial property class;
(c) for the second subclass for the industrial property class, $50,000; and
(d) for the second subclass for the commercial property class, $50,000, less the assessed value of the land included in the second subclass for the industrial property class.
(6) The following rules apply for the purposes of determining the assessed value of land that may be included in the small-scale on-farm business subclasses:
1. The assessed value of land that is eligible for the first and second subclasses of either the industrial property class or the commercial property class shall first be included in the first subclass of the relevant property class.
2. No amount of the assessed value of land that is included in the first subclass for the industrial property class or the commercial property class shall be included in the second subclass for the same property class.
(7) Subject to subsection (8), each of the subclasses for small-scale on-farm business only applies in a municipality if the council of the single-tier or upper-tier municipality passes a by-law opting to have the subclass apply in the municipality.
(8) The subclass for small-scale on-farm business mentioned in Column 1 of the following table only applies in a municipality if any subclass or subclasses set out opposite in Column 2 also apply in the municipality.
Table
|
Item |
Column 1 |
Column 2 |
|
1. |
First subclass for the industrial property class |
None |
|
2. |
First subclass for the commercial property class or second subclass for the industrial property class |
The first subclass for the industrial property class |
|
3. |
Second subclass for the commercial property class |
The second subclass for the industrial property class and the first subclass for the commercial property class |
Commencement
2. This Regulation comes into force on January 1, 2022 or, if this Regulation is filed after that date, it is deemed to have come into force on that date.
Le ministre des Finances,
Peter Bethlenfalvy
Minister of Finance
Date made: December 9, 2021
Pris le : 9 décembre 2021