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O. Reg. 575/22: TAX MATTERS - TRANSITION RATIOS AND AVERAGE TRANSITION RATIOS

filed December 19, 2022 under Municipal Act, 2001, S.O. 2001, c. 25

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ontario regulation 575/22

made under the

Municipal Act, 2001

Made: December 16, 2022
Filed: December 19, 2022
Published on e-Laws: December 19, 2022
Printed in The Ontario Gazette: January 7, 2023

Amending O. Reg. 385/98

(TAX MATTERS - TRANSITION RATIOS AND AVERAGE TRANSITION RATIOS)

1.  (1)  The definition of “previous year” in section 0.1 of Ontario Regulation 385/98 is revoked and the following substituted:

 “previous year” means, in respect of a taxation year, the immediately preceding taxation year; (“année précédente”)

(2)  The definition of “qualifying taxation year” in section 0.1 of the Regulation is revoked.

(3)  The definition of “unadjusted tax ratio” in section 0.1 of the Regulation is amended by,

(a) striking out “the qualifying taxation year” in the portion before clause (a) and substituting “a taxation year”; and

(b) striking out “the qualifying taxation year” wherever it appears in subclauses (b) (i) and (ii) and substituting in each case “the taxation year”.

2.  (1)  Section 9 of the Regulation is amended by striking out “the qualifying taxation year” wherever it appears and substituting the first occurrence with “a taxation year” and every other occurrence with “the taxation year”.

(2)  Subsection 9 (5) of the Regulation is amended by striking out “10 and 11” in the portion before paragraph 1 and substituting “10, 11 and 11.1”.

3.  Section 9.1 of the Regulation is amended by striking out “the qualifying taxation year” wherever it appears and substituting the first occurrence with “a taxation year” and every other occurrence with “the taxation year”.

4.  Section 9.2 of the Regulation is amended by striking out “the qualifying taxation year” wherever it appears and substituting the first occurrence with “a taxation year” and every other occurrence with “the taxation year”.

5.  Section 9.3 of the Regulation is amended by striking out “the qualifying taxation year” wherever it appears and substituting the first occurrence with “a taxation year” and every other occurrence with “the taxation year”.

6.  Section 10.2 of the Regulation is amended by striking out “the qualifying taxation year” wherever it appears and substituting the first occurrence with “a taxation year” and every other occurrence with “the taxation year”.

7.  (1)  Section 11 of the Regulation is amended by striking out “the qualifying taxation year” in the portion before paragraph 1 and substituting “a taxation year”.

(2)  Subparagraph 2 ii of section 11 of the Regulation is amended by striking out “qualifying”.

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

Optional Property Classes New to Municipality

11.1  (1)  For the purposes of subsection 308 (10) of the Act, the transition ratio for an optional property class if no property was classified in the optional property class in the previous year is equal to the tax ratio that would apply to the property that is in the optional property class if the optional property class had not been adopted.

(2)  For the purposes of subsection 308 (11) of the Act, the average transition ratio for the commercial classes or the industrial classes, as the case may be, for the first year that an optional property class applies or ceases to apply in a municipality is equal to,

(a) if the optional property class is one of the commercial classes, the weighted average, for the previous year, of the tax ratios for the commercial classes as determined in accordance with subsection 308 (14) of the Act; and

(b) if the optional property class is one of the industrial classes, the weighted average, for the previous year, of the tax ratios for the industrial classes as determined in accordance with subsection 308 (14) of the Act.

9.  Section 12 of the Regulation is amended by striking out “the qualifying taxation” wherever it appears and substituting the first occurrence with “a taxation” and every other occurrence with “the taxation”.

10.  Sections 13, 14 and 17 of the Regulation are revoked.

Commencement

11.  This Regulation comes into force on the later of January 1, 2023 and the day this Regulation is filed.

Made by:
Pris par :

Le ministre des Finances,

Peter Bethlenfalvy

Minister of Finance

Date made: December 16, 2022
Pris le : 16 décembre 2022

 

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