O. Reg. 419/04: GENERAL

 

ontario regulation 419/04

made under the

Assessment Act

Made: December 16, 2004
Filed: December 17, 2004
Printed in The Ontario Gazette: January 1, 2005

Amending O. Reg. 282/98

(General)

1. (1) Paragraph 8 of subsection 8 (2) of Ontario Regulation 282/98 is amended by striking out “the 2001 and subsequent taxation years” and substituting “the 2001, 2002 and 2003 taxation years”.

(2) Subsection 8 (2) of the Regulation is amended by adding the following paragraph:

9. If the taxation year is the 2004 or a subsequent taxation year and paragraph 7 does not apply because the annual gross income of the farming business is less than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993 or because the farming business commenced during the taxation year, the requirements set out in subsection (3) are met.

(3) Subsection 8 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(3) For the purposes of paragraphs 6 and 9 of subsection (2), the requirements that must be met are the requirements set out in one of the following paragraphs:

. . . . .

(4) Paragraph 1 of subsection 8 (3) of the Regulation is revoked and the following substituted:

1. In the opinion of the Minister of Agriculture and Food,

i. the year to which the annual gross income from farming relates was not a normal production year for the farming business, and

ii. the annual gross income of the farming business for that year would have been equal to or greater than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993 if the year had been a normal production year for the farming business.

(5) Subsection 8 (3) of the Regulation is amended by adding the following paragraph:

3. If the taxation year is the 2004 or a subsequent taxation year, a farming business commenced during the taxation year and the gross income from the farming business for the year to which the annual gross income from farming relates is equal to or greater than the amount prescribed for the purposes of section 2 of the Farm Registration and Farm Organizations Funding Act, 1993.

2. Subsection 8.1 (8) of the Regulation is amended by striking out “October 31 of the previous taxation year” and substituting “December 31 of the taxation year”.

3. (1) Subsection 30 (1) of the Regulation is amended by striking out “assessment commissioner” at the end and substituting “assessment corporation”.

(2) Paragraph 1 of subsection 30 (3) of the Regulation is amended by striking out “assessment commissioner” and substituting “assessment corporation”.

(3) Paragraph 2 of subsection 30 (3) of the Regulation is revoked and the following substituted:

2. If the Administrator is required to give notice of a settlement to the municipality under subsection 39.1 (5) of the Act, the Administrator shall also give notice of the settlement to the assessment corporation.

(4) Subparagraph 4 i of subsection 30 (3) of the Regulation is amended by striking out “assessment commissioner” and substituting “assessment corporation”.

4. Paragraph 4 of section 31 of the Regulation is amended by striking out “assessment commissioner” and substituting “assessment corporation”.

5. Section 32 of the Regulation is revoked.

Made by:

Gregory Sorbara

Minister of Finance

Date made: December 16, 2004.