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O. Reg. 45/02: GENERAL

filed February 19, 2002 under Assessment Act, R.S.O. 1990, c. A.31

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ontario regulation 45/02

made under the

ASSESSMENT ACT

Made: February 16, 2002
Filed: February 19, 2002
Printed in The Ontario Gazette: March 9, 2002

Amending O. Reg. 282/98

(General)

1. Subsection 8 (4) of Ontario Regulation 282/98 is revoked and the following substituted:

(4) For the 2001 and subsequent taxation years, land used for farming is farmland if,

(a) it is owned by a conservation authority and subsection 19 (5) of the Act applies to the land;

(b) it is owned by the Agricultural Rehabilitation and Development Directorate of Ontario; or

(c) it was owned by the Agricultural Rehabilitation and Development Directorate and was transferred to and is owned by the Association of Community Pastures.

2. (1) Paragraph 2 of subsection 10 (2) of the Regulation is revoked.

(2) Subsections 10 (3) and (4) of the Regulation are revoked and the following substituted:

(3) Subject to subsections (4), (5) and (6), land ceases to be included in the new multi-residential property class after it has been classified in that class for 35 taxation years.

(4) If land was included in the new multi-residential property class pursuant to a by-law passed by the council of a municipality in respect of a tax year prior to 2002, the land ceases to be included in the new multi-residential property class after it is classified in that class for eight years.

(5) The council of a municipality may provide by by-law that subsection (4) does not apply within the municipality.

(6) The council of a municipality may pass a by-law opting to have the new multi-residential property class cease to apply within a municipality.

(7) A by-law referred to in subsection (6) shall not affect the classification of land for which a building permit has been issued before the by-law comes into force.

3. Sections 21 and 22 of the Regulation are revoked and the following substituted:

21. (1) A subclass for excess land is prescribed for each of the following classes of real property:

1. The commercial property class.

2. The industrial property class.

3. The office building property class.

4. The shopping centre property class.

5. The large industrial property class.

(2) The office building property class and the shopping centre property class are prescribed for the purposes of subparagraph 3 i of subsection 8 (1) of the Act and the large industrial property class is prescribed for the purposes of subparagraph 3 ii of subsection 8 (1) of the Act.

(3) A portion of a parcel of land is included in the subclass for excess lands for a class of real property if,

(a) it has not been developed in any way, other than to service the parcel of land;

(b) it is not being used other than for farming purposes; and

(c) it is in excess of the municipal requirement for any existing development elsewhere on the parcel.

(4) A portion of a parcel of land is included in the subclass for excess land for the commercial property class if,

(a) it is a rail yard owned and used exclusively by a railway company; and

(b) no building or structure is located on it, other than railway tracks.

(5) This section applies with respect to the 2001 and subsequent taxation years.

4. The definition of “Tribunal” in section 29 of the Regulation is revoked and the following substituted:

“Tribunal” means,

(a) before December 22, 1999, the Farm Organizations Accreditation Tribunal, and

(b) on and after December 22, 1999, the Agricultural, Food and Rural Affairs Appeal Tribunal.

James M. Flaherty

Minister of Finance

Dated on February 16, 2002.

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