O. Reg. 132/02: TAX MATTERS - TAXATION OF CERTAIN RAILWAY, POWER UTILITY LANDS

 

ontario regulation 132/02

made under the

Municipal Act

Made: April 11, 2002
Filed: April 15, 2002
Printed in The Ontario Gazette: May 4, 2002

Amending O. Reg. 387/98

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

1. (1) Subsection 2.2 (1) of Ontario Regulation 387/98 is amended by striking out “subsections (2) and (3)” and substituting “subsections (2), (3) and (4)”.

(2) Section 2.2 of the Regulation is amended by adding the following subsections:

(4) Land located in a municipality set out in Table 12, 13, 14 or 15 that is owned by an owner on December 31, 1997, and still owned by the same owner on January 1, 2000, shall be taxed under section 368.3 of the Act for 2000 at the rates set out in those Tables for the municipality in which the land is located.

(5) The headings to the columns of Tables 12 to 15 that set out the rates of tax are references to the names of the assessed owners as they appear on the assessment rolls or to the names set out in Column 1 of Table 7 opposite the names of the assessed owners set out in Column 2 of that Table.

2. (1) Subsection 2.3 (1) of the Regulation is amended by striking out “subsection (2)” and substituting “subsections (2) and (3)”.

(2) Section 2.3 of the Regulation is amended by adding the following subsections:

(3) Land located in a municipality set out in Tables 16, 17, 18 or 19 that is owned by an owner on December 31, 1997, and still owned by the same owner on January 1, 2001, shall be taxed under section 368.3 of the Act for 2001 at the rates set out in those Tables for the municipality in which the land is located.

(4) The headings to the columns of Tables 16 to 19 that set out the rates of tax are references to the names of the assessed owners as they appear on the assessment rolls or to the names set out in Column 1 of Table 7 opposite the names of the assessed owners set out in Column 2 of that Table.

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

Tax Rates for Certain Land for 2002

2.4 (1) Despite section 1 and subject to subsection (2), land described in subsection 368.3 (1) of the Act that was owned by the owner on December 31, 1997 and is still owned by the same owner on January 1, 2002 shall be taxed for 2002 at the rates determined under section 2.3 for the municipality in which the land is situated.

(2) If the tax rate for the municipality determined under section 2.3 is greater than the tax rate that applied for the municipality in Table 1, the tax rate determined under subsection (1) for that municipality shall be reduced by one-fourth of the difference.

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

(2) The following corporations are prescribed as power utilities for the purposes of paragraph 2 of subsection 368.3 (1) of the Municipal Act, commencing January 1, 2001:

1. Great Lakes Power Limited.

2. Canadian Niagara Power Company Limited.

3. Cedar Rapids Transmission Company Limited.

4. Inco Limited.

5. NAV Canada.

6. Cornwall Street Railway Light & Power Company Limited.

5. The Regulation is amended by adding the following Tables:

TABLE 12

2000 RATES FOR CANADIAN NATIONAL RAILWAY,
CASO RAILWAY AND CANADIAN PACIFIC RAILWAY

TABLE 13

2000 RATES FOR GUELPH JUNCTION RAILWAY,
ESSEX TERMINAL RAILWAY, WATERLOO-ST. JACOBS RAILWAY
AND GODERICH-EXETER RAILWAY

TABLE 14

2000 RATES FOR ONTARIO NORTHLAND RAILWAY,

ALGOMA CENTRAL RAILWAY, ONTARIO L’ORIGNAL RAILWAY
AND ARNPRIOR NEPEAN RAILWAY

TABLE 15

2000 RATES FOR SOUTH SIMCOE RAILWAY,

TORONTO AREA TRANSIT OPERATING AUTHORITY
AND VIA RAIL CANADA INC.

TABLE 16

2001 RATES FOR CANADIAN NATIONAL RAILWAY,
CASO RAILWAY AND CANADIAN PACIFIC RAILWAY

TABLE 17

2001 RATES FOR GUELPH JUNCTION RAILWAY,
ESSEX TERMINAL RAILWAY, WATERLOO-ST. JACOBS RAILWAY
AND GODERICH-EXETER RAILWAY

TABLE 18

2001 RATES FOR TORONTO TERMINALS RAILWAY COMPANY LIMITED,

CSX RAILWAY, CITY OF PORT COLBORNE RAILWAY
 AND PORT STANLEY RAILWAY

 

TABLE 19

2001 RATES FOR SOUTH SIMCOE RAILWAY,

TORONTO AREA TRANSIT OPERATING AUTHORITY

AND VIA RAIL CANADA INC.

 

James M. Flaherty

Minister of Finance

Dated on April 11, 2002.

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