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O. Reg. 528/07: GENERAL

filed September 5, 2007 under Assessment Act, R.S.O. 1990, c. A.31

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ontario regulation 528/07

made under the

assessment act

Made: August 30, 2007
Filed: September 5, 2007
Published on e-Laws: September 7, 2007
Printed in The Ontario Gazette: September 22, 2007

Amending O. Reg. 282/98

(General)

1. Paragraph 1 of subsection 3 (1) of Ontario Regulation 282/98 is amended by adding the following subparagraph:

xiii. land on which a wind turbine tower as defined in subsection 45.4 (5) is situated, but not the wind turbine tower, if,

A. the land immediately surrounding the land on which the wind turbine tower is situated is classified in the residential property class,

B. the electricity generated by the wind turbine tower is primarily for the operator’s own use, and

C. the rated maximum output capacity of the wind turbine tower does not exceed 500 kilowatts.

2. Section 8 of the Regulation is amended by adding the following subsection:

(5.3) Land on which a wind turbine tower as defined in subsection 45.4 (5) is situated, but not the wind turbine tower, is farmland for a taxation year if all of the following conditions are satisfied:

1. The land immediately surrounding the land on which the wind turbine tower is situated is classified in the farm property class.

2. The electricity generated by the wind turbine tower is primarily for the operator’s own use. 

3. The rated maximum output capacity of the wind turbine tower does not exceed 500 kilowatts.

3. Subsection 45.4 (3) of the Regulation is revoked and the following substituted: 

(3) For the purposes of subsection 19 (2.1) of the Act,

(a) the current value of a wind turbine tower shall be determined by multiplying $40,000 by the installed capacity of the generator attached to the wind turbine tower; and

(b) the current value of the land on which a wind turbine tower is situated shall be determined in the same manner as the immediately surrounding land. 

4. Subsection 45.4 (4) of the Regulation is revoked. 

5. This Regulation comes into force on the day it is filed.

Made by:

Gregory Sorbara

Minister of Finance

Date made: August 30, 2007.