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O. Reg. 437/08: GENERAL

filed December 9, 2008 under Assessment Act, R.S.O. 1990, c. A.31

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ontario regulation 437/08

made under the

assessment act

Made: December 9, 2008
Filed: December 9, 2008
Published on e-Laws: December 10, 2008
Printed in The Ontario Gazette: December 27, 2008

Amending O. Reg. 282/98

(General)

1. Ontario Regulation 282/98 is amended by adding the following sections:

Additional Information on Assessment Roll under Subsection 14 (1) of the Act

47. (1) For the purposes of paragraph 9 of subsection 14 (1) of the Act, the following information must be included on the assessment roll for the 2009 and subsequent taxation years:

1. The assessment or classification of the land as shown on the assessment roll returned for the 2008 taxation year, adjusted for any changes in value for assessment purposes and any changes in classification, if the changes would affect the assessment or classification of the land on the assessment roll for the 2009 taxation year.

2. The assessment of the land for the taxation year, as adjusted under section 19.1 of the Act.

(2) For the purposes of paragraph 1 of subsection (1), the assessment of the land is adjusted for only those changes in value for assessment purposes that are not the result of a general reassessment, after any further changes required as a result of a reconsideration under section 39.1 of the Act or an appeal under section 40 of the Act.

Adjustments under Section 19.1 of the Act

48. (1) This section applies with respect to the assessment of land if section 19.1 of the Act applies with respect to the current value of the land for the 2009 and subsequent taxation years.

(2) A reference in this section to an assessment of land shown on the assessment roll for the 2008 taxation year or that would be shown on the assessment roll for the 2009 taxation year is deemed to be a reference to the assessment of the land for that taxation year after any changes required as a result of a reconsideration under section 39.1 of the Act, an appeal under section 40 of the Act or an application under section 46 of the Act.

(3) The eligible increase in respect of the land for the 2009, 2010 and 2011 taxation years is the amount, if any, by which “A” exceeds “B”,

where,

  “A” is the assessment of the land that would be shown on the assessment roll for the 2009 taxation year if subsection 19.1 (3) of the Act did not apply, and

  “B” is the assessment of the land that is shown on the assessment roll for the 2008 taxation year.

(4) Despite subsection (3), the eligible increase in respect of the land for the 2009, 2010 and 2011 taxation years is the amount by which the amount described as “A” in subsection (3) exceeds the amount of the assessment of the land for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1) if,

(a) the amount described as “A” in subsection (3) exceeds the amount of the assessment for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1); and

(b) the amount of the assessment for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1) does not equal the assessment of the land that is shown on the assessment roll for the 2008 taxation year.

(5) This section applies as follows in the following circumstances:

1. If different portions of the land are classified in different classes of real property prescribed under section 7 of the Act or prescribed under the Education Act, or if a subclass is prescribed under section 8 of the Act in respect of one or more portions of the land, this section applies to each portion of the land that is in a different class or subclass, as the case may be, as if it were separate land.

2. If different portions of the land are subject to different tax rates for municipal or school purposes or a portion of the land is exempt from either or both types of taxes, this section applies to each portion as if it were separate land.

3. This section applies in respect of any portion of the land assessed against a tenant under subsection 18 (1) of the Act.

Prescribed Property Classes for the Purposes of Subsection 19.1 (2) of the Act

49. For the purposes of subsection 19.1 (2) of the Act, the following property classes are prescribed:

1. All property classes prescribed under section 7 of the Act that are not listed in subsection 19.1 (2) of the Act.

2. All subclasses of property prescribed under subsection 8 (1) of the Act.

3. All classes of real property prescribed under the Education Act.

Appeals

50. (1) For the purposes of clause 40 (1) (b) of the Act, an appeal may be made in writing to the Assessment Review Board on the basis that the amount of the assessment of land for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1) or the classification of the land for the purposes of that paragraph is incorrect.

(2) An appeal under subsection (1) does not affect any tax liability for the land for the 2008 taxation year.

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

Made by:

Dwight Douglas Duncan

Minister of Finance

Date made: December 9, 2008.