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Assessment Act, R.S.O. 1990, c. A.31

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Versions
Regulations under this Act
Revoked/spent regulations under this Act
O. Reg. 574/06 GENERATION FACILITIES
O. Reg. 282/98 GENERAL

 

Assessment Act

R.S.O. 1990, CHAPTER A.31

Historical version for the period December 12, 2005 to March 30, 2006.

Disclaimer: This consolidation is not an official copy of the law because it is affected by one or more retroactive provisions which have not been incorporated into it. For information about the retroactive provisions, see S.O. 2006, chapter 33, Schedule A, subsection 41 (2), S.O. 2008, chapter 19, Schedule A, subsections 9 (2) and (3) and S.O. 2010, chapter 26, Schedule 2, section 2.

Amended by:  1991, c. 11, ss. 1-3; 1992, c. 17, s. 4; 1993, c. 27, Sched.; 1994, c. 25, s. 79; 1994, c. 27, s. 40; 1994, c. 36; 1996, c. 4, s. 43; 1996, c. 32, s. 60; 1997, c. 5, ss. 1-39; 1997, c. 23, s. 1; 1997, c. 29, ss. 1-21; 1997, c. 31, s. 143; 1997, c. 43, Sched. F, s. 1; 1997, c. 43, Sched. G, s. 18; 1998, c. 3, ss. 1-10; 1998, c. 15, Sched. E, s. 1; 1998, c. 28, s. 66; 1998, c. 33, ss. 1-8; 1999, c. 6, s. 2; 1999, c. 9, ss. 11-15; 2000, c. 5, s. 6; 2000, c. 25, ss. 1-13; 2001, c. 8, s. 202; 2001, c. 23, ss. 1-4; 2002, c. 1, Sched. C, s. 1; 2002, c. 17, Sched. F, Table; 2002, c. 22, ss. 1-6; 2002, c. 23, s. 1; 2002, c. 33, s. 141; 2004, c. 7, ss. 1-6; 2004, c. 23, Sched. C, s. 1; 2004, c. 31, Sched. 3; 2005, c. 5, s. 3; 2005, c. 28, Sched. A.

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CONTENTS

1.

Definitions

2.

Regulations

3.

Property assessable and taxable, exemptions

4.

Exemption of religious institutions

5.

Where land ceases to be used for forestry purposes

6.

Exemption of Navy League

7.

Property classes

8.

Subclasses for tax reductions

9.

Assessment of easements

10.

Right of access

11.

Request for information

12.

Assessor not bound by returns

13.

Offence for not furnishing information

14.

Assessment roll content

15.

Enumeration

16.

Annual school support list

16.1

Information from landlords

17.

Land assessed against owner

17.1

Land to be assessed against owner and tenant for certain Education Act purposes

17.2

Apportionment of value of multiple occupancy

17.3

Separate assessment of certain parts

18.

Assessment of Crown lands

19.

Assessment based on current value

19.0.1

Electricity generating and transformer stations

19.1

Assessment, single years and averages

19.2

Valuation days

19.3

Classification day

20.

Assessment of mineral rights

21.

Exemption of farm lands from taxation for certain expenditures

22.

Exemption of farm lands in police villages

23.

Agreement for fixed assessment for golf course

24.

Assessment of lands of water, heat, light, power and transportation companies

25.

Pipe line

26.

Pipes, poles, wires, etc., on boundary lines

27.

Public utility

27.1

Large commercial theatres, Toronto

27.2

Convention centres

29.

Bridges and tunnels between municipalities

30.

Railway land

31.

Notice of assessment

32.

Correction of errors, etc., in assessment roll

33.

Assessment omitted from tax roll

34.

Supplementary assessments to be added to tax roll

35.

Notice of corrections, etc.

36.

Time for yearly assessment and return of roll

36.1

Assessment rolls to upper-tiers

37.

Last revised assessment roll

38.

Assessment of annexed areas

39.

Delivery of roll to clerk

39.1

Reconsideration of assessment

40.

Complaint to Assessment Review Board

40.1

Correction of errors

41.

Roll to be binding notwithstanding errors in it or in notice sent to persons assessed

42.

Copy of roll duly certified to be evidence

43.

Stating case for opinion of Divisional Court

43.1

Appeal

44.

Assessment may be open upon appeal

45.

Powers and functions of Assessment Review Board

46.

Application to court

47.

Extension of time

48.

Alteration of roll as result of judgment

49.

Defence limited in actions to collect taxes, etc.

53.

Disclosure of information

54.

Right of action for damages against officer

55.

By-laws and agreements fixing assessment or granting exemption from taxation not affected

56.

Computation of time for proceedings where time limited expires on Saturday

57.

References to court of revision in other Acts

Definitions

1. In this Act,

“assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”)

“Assessment Review Board” and “Assessment Review Board established under this Act” mean the Assessment Review Board under the Assessment Review Board Act; (“Commission de révision de l’évaluation foncière”, “Commission de révision de l’évaluation foncière créée en vertu de la présente loi”)

“assessor” means a person acting as assessor as authorized by the assessment corporation; (“évaluateur”)

“class of real property” means a class of real property prescribed by the Minister under section 7; (“catégorie de biens immeubles”)

“classification” means a determination as to the class or subclass of real property land is in and “classified” has a corresponding meaning; (“classification”)

“current value” means, in relation to land, the amount of money the fee simple, if unencumbered, would realize if sold at arm’s length by a willing seller to a willing buyer; (“valeur actuelle”)

“French-language rights holder” means a person who has the right under subsection 23 (1) or (2), without regard to subsection 23 (3), of the Canadian Charter of Rights and Freedoms to have his or her children receive their primary and secondary school instruction in the French language in Ontario; (“titulaire des droits liés au français”)

“land”, “real property” and “real estate” include,

(a) land covered with water,

(b) all trees and underwood growing upon land,

(c) all mines, minerals, gas, oil, salt quarries and fossils in and under land,

(d) all buildings, or any part of any building, and all structures, machinery and fixtures erected or placed upon, in, over, under or affixed to land,

(e) all structures and fixtures erected or placed upon, in, over, under or affixed to a highway, lane or other public communication or water, but not the rolling stock of a transportation system; (“biens-fonds”, “biens immeubles”, “biens immobiliers”)

“locality” means territory without municipal organization that is within the jurisdiction of a board as defined in section 1 of the Education Act; (“localité”)

“Minister” means the Minister of Finance; (“ministre”)

“Ministry” means the Ministry of Finance; (“ministère”)

“municipality” means a local municipality, and includes a locality for the purpose of making any assessment required for the levying in a locality of a tax for school purposes; (“municipalité”)

“person” includes a corporation, partnership, bridge authority, agent or trustee, and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; (“personne”)

“subclass of real property” means a subclass of a class of real property prescribed by the Minister under section 8; (“sous-catégorie de biens immeubles”)

“tax roll” means a tax roll prepared in accordance with the Municipal Act, 2001; (“rôle d’imposition”)

“telephone company” includes a person or association of persons owning, controlling or operating a telephone system or line, but not a municipal corporation; (“compagnie de téléphone”)

“tenant” includes an occupant and the person in possession other than the owner; (“locataire”)

“theatre” does not include a cinema. (“théâtre”)  R.S.O. 1990, c. A.31, s. 1; 1997, c. 5, s. 1; 1997, c. 29, s. 1; 1997, c. 31, s. 143 (1); 1997, c. 43, Sched. G, s. 18 (1-3); 2001, c. 8, s. 202; 2002, c. 17, Sched. F, Table.

Regulations

2. (1) The Lieutenant Governor in Council may make regulations,

(a) Repealed:  1997, c. 5, s. 2 (1).

(b) defining any word or expression used in this Act that has not already been expressly defined in this Act;

(c) prescribing for the purposes of clause 35 (3) (b) a higher rate of interest than 6 per cent;

(d) Repealed:  1997, c. 5, s. 2 (1).

(e) describing types or classes of improvements or additions for which no exemption under paragraph 22 of subsection 3 (1) will be made;

(f) describing classes of persons, businesses or undertakings who may not apply to receive an exemption under paragraph 22 of subsection 3 (1) and to whom no exemption will be made.  R.S.O. 1990, c. A.31, s. 2 (1); 1997, c. 5, s. 2 (1).

Regulations by the Minister

(2) The Minister may make regulations,

(a) prescribing information for the purposes of paragraph 21 of subsection 14 (1);

(b) defining “conservation land” for the purposes of paragraph 25 of subsection 3 (1);

(c) Repealed:  2005, c. 28, Sched. A, s. 1.

(d) governing the assessment of pipelines and providing for the depreciation of the assessed values of pipelines;

(d.1) providing for a procedure to determine whether land is conservation land for the purposes of paragraph 25 of subsection 3 (1) and, without limiting the generality of the foregoing, the regulations may,

(i) provide for the determination of any matter to be made by a person or body identified in the regulations,

(ii) provide for a process of appealing such determinations,

(iii) adopt documents by reference as those documents are amended from time to time, including amendments made after the regulation was made;

(d.2) providing for a procedure to determine whether land is in the farm property class or managed forests property class and, without limiting the generality of the foregoing, the regulations may,

(i) provide for the determination of any matter to be made by a person or body identified in the regulations,

(ii) provide for a process of appealing such determinations;

(d.3) providing for different procedures than the procedures provided in sections 39.1 and 40 for resolving issues as to whether land is in the farm property class or managed forests property class or whether land is conservation land for the purposes of paragraph 25 of subsection 3 (1) and, without limiting the generality of the foregoing, the regulations may,

(i) provide for the functions of the assessment corporation or an assessor under section 39.1 to be carried out by a person or body identified in the regulations,

(ii) provide for the functions of the Assessment Review Board under sections 39.1 and 40 to be carried out by a body or official identified in the regulations;

(d.4) for the purposes of regulations made under clause (d.3),

(i) varying the application of section 39.1 or 40 or any other provisions of this Act,

(ii) prescribing provisions to operate in place of section 39.1 or 40 or any other provisions of this Act,

(iii) prescribing provisions to operate in addition to section 39.1 or 40 or any other provisions of this Act;

(d.5) in relation to public hospitals that close,

(i) continuing the tax exemption under section 3 with respect to land that was used and occupied by the hospital,

(ii) continuing the application of section 323 of the Municipal Act, 2001 with respect to the hospital and prescribing a limit on the annual amount levied under that section that is different from the limit under subsection (3) of that section;

(d.6) prescribing land to which subsection 33 (1) does not apply and the period during and circumstances in which that subsection does not apply;

(e) prescribing anything the Minister is permitted or required by this Act or by the Municipal Elections Act to prescribe;

(f) prescribing buildings, structures or portions of buildings or structures for the purposes of subsection 19.0.1 (1) and prescribing their assessed value or the manner of determining their assessed value for the purposes of that subsection;

(g) prescribing a taxation year for the purposes of section 19.1;

(h) prescribing a day as of which land is to be valued for a taxation year for the purposes of subsection 19.2 (5);

(i) prescribing a day for the purposes of subsection 31 (1.1).  R.S.O. 1990, c. A.31, s. 2 (2); 1994, c. 36, s. 1; 1997, c. 5, s. 2 (2, 3); 1997, c. 29, s. 2; 1997, c. 43, Sched. G, s. 18 (4); 2000, c. 25, s. 1 (1); 2001, c. 23, s. 1 (1); 2002, c. 17, Sched. F, Table; 2002, c. 22, s. 1 (1-3); 2004, c. 7, s. 1 (1); 2004, c. 31, Sched. 3, s. 1; 2005, c. 28, Sched. A, s. 1.

General or specific

(2.0.1) A regulation made under clause (2) (d.6) may be general or specific in its application.  2002, c. 22, s. 1 (4).

Same

(2.1) A regulation made under clause (2) (f) may be general or specific in its application and may apply differently to different buildings, structures or properties or  to different portions of buildings, structures or properties.  2001, c. 23, s. 1 (2).

Retroactivity

(3) A regulation made under this Act is, if it so provides, effective with reference to a period before it was filed.  R.S.O. 1990, c. A.31, s. 2 (3).

Municipal option classes

(3.1) A regulation prescribing classes of real property may require, for land in a municipality to be in a class, that the municipality opt to have the class apply within the municipality and the regulation may govern how the municipality opts to have the class apply or cease to apply.  In this subsection, “municipality” means an upper-tier municipality and a single-tier municipality.  1997, c. 5, s. 2 (4); 1998, c. 33, s. 1 (1); 2002, c. 17, Sched. F, Table.

Restriction on timing of option

(3.2) If a regulation prescribing classes of real property requires, for land in a municipality to be in a class, that the municipality opt to have the class apply, the municipality may not opt to have the class apply or cease to apply with respect to a taxation year after,

(a) for 1998, December 31, 1998 or such later deadline as the Minister may order for the municipality either before or after the December 31 deadline has passed;

(b) for 1999, March 31, 1999 or such later deadline as the Minister may prescribe either before or after the March 31 deadline has passed;

(c) for 2000, April 30, 2000;

(d) for 2001, April 30, 2001, or such later deadline as the Minister may prescribe either before or after the April 30 deadline has passed; or

(e) for a taxation year after 2001, October 31 of the previous year or such later deadline as the Minister may prescribe either before or after the October 31 deadline has passed.  1998, c. 33, s. 1 (2); 2000, c. 25, s. 1 (2).

Orders extending deadline

(3.3) The following apply with respect to an order referred to in clause (3.2) (a):

1. The order may be made only upon the request of the municipality to which the order relates.

2. Repealed:  1998, c. 33, s. 1 (3).

3. The Regulations Act does not apply with respect to the order.  1998, c. 3, s. 1; 1998, c. 33, s. 1 (3).

Scope of certain regulations

(3.3.1) A regulation to which clause (3.2) (e) applies may be general or specific in its application and may apply differently to different municipalities or different property classes.  2001, c. 23, s. 1 (3).

Municipal option classes, by-law to Minister

(3.4) A municipality that passes a by-law opting to have a class apply or cease to apply shall give the Minister a copy of the by-law within 14 days after the by-law was passed.  1998, c. 33, s. 1 (4).

Administration of oaths

(4) An employee of the assessment corporation who is authorized by the corporation to do so may administer oaths and take and receive affidavits, declarations and affirmations for the purposes of, or incidental to, the administration of this Act.  When doing so, the employee has all the powers of a commissioner for taking affidavits.  1997, c. 43, Sched. G, s. 18 (5).

Regulations re: airport authorities

(5) The Minister may make regulations for the purposes of subparagraph 24 ii of subsection 3 (1),

(a) specifying a methodology for determining payments in lieu of taxes to be paid by a designated airport authority to the municipality in which it is located for 2001 and subsequent years;

(b) requiring the designated airport authority to provide the information specified in the regulation to the specified persons within the time specified;

(c) specifying the time or times that the payment in lieu of taxes must be paid to the municipality.  2000, c. 25, s. 1 (3).

General or specific

(6) A regulation made under subsection (5) may be general or specific in its application and may apply to different designated airport authorities differently.  2000, c. 25, s. 1 (3).

Restriction, prescribed taxation year under s. 19.1

(7) If the Minister prescribes a taxation year for the purposes of section 19.1, the regulation in which the taxation year is prescribed is void if it is filed under the Regulations Act less than 18 months before the first day of that taxation year.  2004, c. 7, s. 1 (2).

Minister can approve forms

(8) The Minister may approve forms for any purpose under this Act.  1997, c. 5, s. 2 (5).

2.1Repealed:  1997, c. 5, s. 3.

Property assessable and taxable, exemptions

3. (1) All real property in Ontario is liable to assessment and taxation, subject to the following exemptions from taxation:

Crown lands

1. Land owned by Canada or any Province.

Cemeteries, burial sites

2. A cemetery for which a consent has been issued under the Cemeteries Act (Revised) and a burial site as defined in that Act so long as the cemetery or burial site is actually being used for the interment of the dead.

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 is repealed by the Statutes of Ontario, 2002, chapter 33, subsection 141 (1) and the following substituted:

Cemeteries, burial sites

2. A cemetery and a burial site, as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002, so long as the land is actually being used for the interment of the dead or any ancillary purpose prescribed by the Minister, and not including any portion of the land used for any other purpose.

Crematoriums

2.1 Land on which is located a crematorium, as defined in the Funeral, Burial and Cremation Services Act, 2002 and which is part of a cemetery or burial site, as those terms are defined in the Funeral, Burial and Cremation Services Act, 2002, if,

i. the Registrar under the Cemeteries Act (Revised) consented to the establishment of the crematorium on or before January 1, 2002,

ii. the ownership of the land has not changed since January 1, 2002, and

iii. the taxation year is a taxation year that is no more than five years after the taxation year in which the Funeral, Burial and Cremation Services Act, 2002 comes into force.

See: 2002, c. 33, ss. 141 (1), 154.

Churches, etc.

3. Land that is owned by a church or religious organization or leased to it by another church or religious organization and that is,

i. a place of worship and the land used in connection with it,

ii. a churchyard, cemetery or burying ground, or

Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph ii is repealed by the Statutes of Ontario, 2002, chapter 33, subsection 141 (2) and the following substituted:

ii. a churchyard,

ii.1 a burying ground so long as the land is actually being used for the interment of the dead or any ancillary purpose prescribed by the Minister, and not including any portion of the land used for any other purpose, or

See: 2002, c. 33, ss. 141 (2), 154.

iii. 50 per cent of the assessment of the principal residence and land used in connection with it of the member of the clergy who officiates at the place of worship referred to in subparagraph i, so long as the residence is located at the site of the place of worship.

This paragraph applies to the 2001 and subsequent taxation years.

Public educational institutions

4. Land owned, used and occupied solely by a university, college, community college or school as defined in the Education Act or land leased and occupied by any of them if the land would be exempt from taxation if it was occupied by the owner.

Philanthropic organizations, etc.

5. Land owned, used and occupied solely by a non-profit philanthropic, religious or educational seminary of learning or land leased and occupied by any of them if the land would be exempt from taxation if it was occupied by the owner.  This paragraph applies only to buildings and up to 50 acres of land.

Public hospitals

6. Land used and occupied by a public hospital that receives provincial aid under the Public Hospitals Act but not any portion of the land occupied by a tenant of the hospital.

7. Repealed:  1997, c. 29, s. 3 (1).

Highways, etc.

8. Every highway, lane or other public communication and every public square, but not when occupied by a tenant or lessee other than a public commission.

Toll highways

8.1 Land that is a toll highway as defined in section 191.1 of the Highway Traffic Act that is leased from the Crown, including the roadbed, bridges or other structures supporting the roadbed or connecting the roadbed to other highways or roads, and any structure built over the toll highway and used as part of the system to determine the amount of the toll, fee or other charge to be made to users of the toll highway, including land that is intended to be used as a toll highway but that has not yet begun to be used for that purpose and that is not being used for any other purpose, but not including,

i. buildings, land used in connection with buildings, or parking lots, or

ii. land that is used for a purpose other than as a toll highway.

Municipal property

9. Subject to section 27, land owned by a municipality, including an upper-tier municipality, a public commission or a local board as defined in the Municipal Affairs Act. The land is not exempt if occupied by a tenant who would be taxable if the tenant owned the land, except land owned by a harbour commission and used for parking vehicles for which a fee is charged.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2002, chapter 33, section 141 (3) by adding the following paragraph:

Same

9.1 Despite paragraph 9, land owned by a municipality that is a burial site, burying ground or cemetery is not exempt from taxation unless it meets the requirements for exemption under paragraph 2, 2.1 or 3.

See: 2002, c. 33, ss. 141 (3), 154.

Boy Scouts and Girl Guides

10. Property owned, occupied and used solely and only by The Boy Scouts Association or The Canadian Girl Guides Association or by any provincial or local association or other local group in Ontario that is a member of either Association or is otherwise chartered or officially recognized by it.

House of refuge, etc.

11. Land owned, used and occupied by a non-profit philanthropic corporation for the purpose of a house of refuge, the reformation of offenders, the care of children or a similar purpose but excluding land used for the purpose of a day care centre.

Charitable institutions

12. Land owned, used and occupied by,

i. The Canadian Red Cross Society,

ii. The St. John Ambulance Association, or

iii. any charitable, non-profit philanthropic corporation organized for the relief of the poor if the corporation is supported in part by public funds.

Children’s aid societies

13. The property of a children’s aid society discharging the functions of a children’s aid society under the Child and Family Services Act, whether held in the name of the society or in the name of a trustee or otherwise, if used exclusively for the purposes of and in connection with the society.

Scientific or literary institutions, etc.

14. The property of every public library and other public institution, literary or scientific, and of every agricultural or horticultural society or association, to the extent of the actual occupation of the property for the purposes of the institution or society.

(a) For the purposes of this paragraph, an agricultural society under the Agricultural and Horticultural Organizations Act shall be deemed to be in actual occupation where the property of the society is rented and the rent is applied solely for the purposes of the society.

Battle sites

15. Land acquired by a society or association by reason of its being the site of any battle fought in any war, and maintained, preserved and kept open to the public in order to promote the spirit of patriotism.

Exhibition buildings of companies

16. The land of every company formed for the erection of exhibition buildings to the extent to which the council of the municipality in which the land is situate consents that it shall be exempt.

Machinery

17. All machinery and equipment used for manufacturing or farming purposes or for the purposes of a concentrator or smelter of ore or metals, including the foundations on which they rest, but not including machinery and equipment to the extent that it is used, intended or required for lighting, heating or other building purposes or machinery owned, operated or used by a transportation system or by a person having the right, authority or permission to construct, maintain or operate within Ontario in, under, above, on or through any highway, lane or other public communication, public place or public water, any structure or other thing, for the purposes of a bridge or transportation system, or for the purpose of conducting steam, heat, water, gas, oil, electricity or any property, substance or product capable of transportation, transmission or conveyance for the supply of water, light, heat, power or other service.

Machinery for producing electric power

18. All machinery and equipment including the foundations on which they rest to the extent and in the proportion used for producing electric power for sale to the general public but not including any buildings, structures, structural facilities or fixtures used in connection therewith.

Forestry purposes

19. One acre used for forestry purposes for every ten acres of the farm in one municipality under a single ownership but not more than twenty acres in all, and, where the total acreage consists of more than one separately assessed parcel, the assessor shall treat all the parcels as one parcel for the purpose of determining the exemptions under this paragraph and shall apportion the exemption to each parcel in the ratio of the acreage of each parcel used or partly used for forestry purposes to the total acreage of all parcels used or partly used for forestry purposes.

Mineral land and minerals

20. The buildings, plant and machinery under mineral land and the machinery in or on the land only to the extent and in the proportion that the buildings, plant and machinery are used for obtaining minerals from the ground, and all minerals, other than diatomaceous earth, limestone, marl, peat, clay, building stone, stone for ornamental or decorative purposes, or non-auriferous sand or gravel, that are in, on or under land.

Certain property of telephone and telegraph companies

21. All the machinery, plant and appliances, wherever situate, and all structures placed on, over, under or affixed to any highway, lane or other public communication, public place or water so long as the machinery, plant, appliances or structures are used by any telephone or telegraph company in connection with and as part of the operations of its telephone or telegraph business, and in this paragraph “telegraph company” includes a person or association of persons owning, controlling or operating a telegraph system or line, but does not include a municipality owning, controlling or operating a telegraph system or line.

Improvements for seniors and persons with a disability

22. All alterations, improvements and additions commenced after May 15, 1984 that are made to a parcel of land containing an existing residential unit to provide, or the portion as may be prescribed by the Minister of a new residential unit constructed to provide, accommodation for or improved facilities for the accommodation of a person who would, but for the accommodation or improved facilities provided, have to live in other premises where on-site care would be provided to the person, if the following conditions are met:

i. the person is at least 65 years of age or has a disability and the person resides in the premises as his or her personal residence,

ii. the owner of the property applies to the assessment corporation for the exemption and the exemption is approved by the assessment corporation,

iii. the land is assessed as residential and comprises not more than three residential units, and

iv. the person occupying the property in which the person who is at least 65 years of age or has a disability resides is not in the business of offering care to such persons.

This paragraph applies to the 2001 and subsequent taxation years.

Amusement rides

23. Roller-coasters, monorails, slides, ferris wheels, merry-go-rounds or other similar mechanical amusement devices on which a person rides, including any machinery, equipment, rails, supports and trestles used for their operation and the foundations on which they rest, erected or placed upon, in, over, under or affixed to land occupied by the operator of an amusement park.

Airports

24. Land owned or leased by a designated airport authority within the meaning of the Airport Transfer (Miscellaneous Matters) Act (Canada) subject to the following:

i. The authority must be designated by the Minister for the purposes of this paragraph.

ii. The authority must make payments in lieu of taxes to the municipality in which the land is located at the times and in the amounts determined in accordance with the regulations.

iii. The authority must provide any relevant information requested by the Minister, the municipality or the assessment corporation as soon as is practicable.

iv. The exemption does not apply to any portion of the land leased by a tenant, other than a designated airport authority, to whom section 18 applies.

v. If the authority fails to comply with the requirements specified in subparagraph ii, the authority shall pay the taxes for municipal and school purposes that would be payable for the taxation year if the property was taxable and the tax roll for the municipality shall be amended accordingly.

This paragraph applies to the 2001 and subsequent taxation years.

Conservation land

25. Land that is conservation land as defined in the regulations.

Small theatres

26. Land used as a theatre that contains fewer than 1,000 seats and that, when it is used in the taxation year, is used predominantly to present live performances of drama, comedy, music or dance.  This paragraph does not apply to land used as a dinner theatre, nightclub, tavern, cocktail lounge, bar, striptease club or similar establishment.  This paragraph does not apply to a building that was converted to a theatre unless the conversion involved modifications to the building.

Large non-profit theatres

27. Land owned by a non-profit corporation without share capital, other than any portion of the land occupied for more than 90 consecutive days by an entity other than a non-profit corporation without share capital, on which is situated a theatre containing at least 1,000 seats that is used for a total of at least 183 days in the taxation year for the rehearsal or presentation of live performances of drama, comedy, music or dance, including opera or ballet, if the live performances are not presented with the intention of generating profit, including land on which such a theatre is being constructed, but not if,

i. the theatre is operated or will be operated after it is constructed by an entity other than a non-profit corporation without share capital,

ii. the land is used as a dinner theatre, nightclub, tavern, cocktail lounge, bar, striptease club or similar establishment, or

iii. an establishment described in subparagraph ii is being constructed on the land.

Hydro-electric generating stations

28. A hydro-electric generating station, as defined in subsection 92.1 (24) of the Electricity Act, 1998 and land, buildings and structures used in connection with the generating station, as may be prescribed by the Minister, but not any portion of the land, buildings or structures used for any other purpose.  This paragraph applies to the 2001 and subsequent taxation years.

Poles and wires

29. Substructures, superstructures, rails, ties, poles, towers or lines owned by a power utility prescribed by the Minister under subsection 315 (1) of the Municipal Act, 2001 or owned by a municipal electricity utility, as defined in section 88 of the Electricity Act, 1998, and located on an easement on land that is not owned by the power utility.  R.S.O. 1990, c. A.31, s. 3; 1997, c. 5, s. 4; 1997, c. 29, s. 3 (1-3); 1997, c. 43, Sched. F, s. 1 (1); 1997, c. 43, Sched. G, s. 18 (6); 1998, c. 28, s. 66; 2000, c. 25, s. 2; 2002, c. 17, Sched. F, Table; 2002, c. 22, s. 2; 2004, c. 31, Sched. 3, s. 2.

Note:  A paragraph of subsection 3 (1) that is amended or repealed by the Statutes of Ontario, 1997, chapter 29 continues to apply with respect to the following land, as though the paragraph had not been amended or repealed, until there is a change in who owns or occupies the land or in the use of the land:

1. Land to which the paragraph applied for the entire 1997 taxation year.

2. Land to which the paragraph first became applicable after January 1, 1997 and before November 25, 1997, if the paragraph applies to the land on December 31, 1997.

See: 1997, c. 29, s. 72, as re-enacted by 1997, c. 43, Sched. F, s. 3.

Note:  If the paragraph of section 3 that has been amended or repealed by the Statutes of Ontario, 1997, chapter 29 did not require that the land be owned by a particular person in order to be exempt from taxation, the paragraph continues to apply with respect to the land even if there has been a change in the ownership of the land so long as the land continues to be occupied and used as required by the paragraph before the change under the Statutes of Ontario, 1999, chapter 9, subsection 110 (1).  See:  1999, c. 9, s. 110 (1).

Note:  If a person has paid an amount of tax to a municipality under section 72 of the Fair Municipal Finance Act, 1997 (No. 2) that, as a result of subsection 72 (2) of that Act, as enacted by the Statutes of Ontario, 1999, chapter 9, subsection 110 (1), is deemed not to have been payable, the clerk of the municipality shall amend the collector’s roll accordingly and the municipality shall refund that amount to the person.  See:  1999, c. 9, s. 110 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 3 is amended by the Statutes of Ontario, 2002, chapter 33, section 141 (4) by adding the following subsection:

Non-application: special exemptions

(1.1) Despite any provision in any Act of special or general application, an exemption from assessment or taxation under such an Act for burial sites, burying grounds or cemeteries shall, on and after the day section 141 of the Funeral, Burial and Cremation Services Act, 2002 comes into force, no longer apply.

See: 2002, c. 33, ss. 141 (4), 154.

International bridges and tunnels

(2) The following apply with respect to a bridge or tunnel that crosses a river forming the boundary between Ontario and the United States:

1. Subject to section 30, land used for the purposes of the bridge or tunnel is liable to taxation even if the land is owned by the Crown or would otherwise be exempt under a paragraph of subsection (1).  However, the bridge or tunnel structure is taxable only under section 320 of the Municipal Act, 2001.

2. The bridge or tunnel structure shall not be considered in the assessment of the land used for the purposes of the bridge or tunnel.

3. Land used for the purposes of the bridge or tunnel is not liable to taxation for school purposes.  1997, c. 29, s. 3 (4); 2002, c. 17, Sched. F, Table.

Definition

(3) In subsection (2),

“land used for the purposes of the bridge or tunnel” includes land at the end of the bridge or tunnel used in connection with the bridge or tunnel, including duty-free stores.  1997, c. 29, s. 3 (4).

Certain lands

(4) The following apply to land described in subsection 315 (1) of the Municipal Act, 2001:

1. The land is liable to taxation but only as provided under section 315 of the Municipal Act, 2001 or Division B of Part IX of the Education Act.

2. No assessed value or classification is required for the land.  2002, c. 17, Sched. F, Table.

3.1 Repealed:  2004, c. 31, Sched. 3, s. 3 (1).

Exemption of religious institutions

4. The council of any local municipality may pass by-laws exempting from taxes, other than school taxes and local improvement rates, the land of any religious institution named in the by-law, provided that the land is owned by the institution and occupied and used solely for recreational purposes, on such conditions as may be set out in the by-law.  R.S.O. 1990, c. A.31, s. 4.

Where land ceases to be used for forestry purposes

5. The council of a municipality that was a town, village or township on December 31, 2002 may by by-law provide that, if any part of a farm exempted under paragraph 19 of subsection 3 (1) ceases to be used for forestry purposes so as not to come within the purview of the paragraph, the assessor shall so report to the clerk and that the clerk shall forthwith amend the tax roll by inserting therein,

(a) the rates or taxes with which the farm would have been chargeable for the preceding three years if the part of the farm had not been exempt; or

(b) the portion of the rates or taxes that the by-law may provide or the council may by resolution deem proper,

and the rates or taxes or portion thereof are collectable in accordance with the amended roll.  R.S.O. 1990, c. A.31, s. 5; 2002, c. 17, Sched. F, Table.

Exemption of Navy League

6. The council of any local municipality may pass by-laws exempting from taxes, other than school taxes and local improvement rates, the land belonging to and vested in the Navy League of Canada under the conditions that may be set out in the by-law, so long as the land is occupied and used solely for the purposes of carrying out the activities of the Ontario division of the Navy League.  R.S.O. 1990, c. A.31, s. 6.

Property classes

7. (1) The Minister shall prescribe classes of real property for the purposes of this Act.  1997, c. 5, s. 5.

Same

(2) The classes prescribed by the Minister shall include, but are not restricted to, the following:

1. The residential property class.

2. The multi-residential property class.

3. The commercial property class.

4. The industrial property class.

5. The pipe line property class.

6. The farm property class.

7. The managed forests property class.  1997, c. 5, s. 5; 1997, c. 29, s. 4; 2002, c. 22, s. 3.

Discretion not affected

(3) Nothing in subsection (2) restricts the discretion of the Minister to define what is included in a class.  1997, c. 5, s. 5.

Subclasses for tax reductions

8. (1) For the purposes of providing tax reductions, the Minister shall prescribe the following subclasses of classes of real property:

1. Up to three subclasses for farm land awaiting development for each of the following classes of real property,

i. the residential property class,

ii. the multi-residential property class,

iii. the commercial property class,

iv. the industrial property class.

2. A subclass for vacant land for each of the following classes of real property,

i. the commercial property class and such other classes of real property prescribed by the Minister for the purposes of this subparagraph,

ii. the industrial property class and such other classes of real property prescribed by the Minister for the purposes of this subparagraph.

3. A subclass for excess land for each of the following classes of real property,

i. the commercial property class and such other classes of real property prescribed by the Minister for the purposes of this subparagraph,

ii. the industrial property class and such other classes of real property prescribed by the Minister for the purposes of this subparagraph.  1997, c. 29, s. 5; 1998, c. 3, s. 2; 2000, c. 25, s. 3 (1); 2002, c. 22, s. 4.

Same

(2) The Minister may also prescribe a subclass for eligible theatres for the commercial property class for the City of Toronto incorporated by the City of Toronto Act, 1997.  1997, c. 29, s. 5.

Discretion not affected

(3) Nothing in subsection (1) or (2) restricts the discretion of the Minister to define what is included in a subclass.  1997, c. 29, s. 5.

Excess land

(4) The subclasses for excess land shall be prescribed so that they consist of those portions of properties that are excess land as prescribed under this section and subsection 14 (5) applies to those portions.  2000, c. 25, s. 3 (2).

Transition

(4.1) Subsection (4) and paragraph 3 of subsection (1) apply with respect to 2001 and subsequent taxation years but those provisions as they read before the coming into force of section 3 of the Continued Protection for Property Taxpayers Act, 2000 apply with respect to the 2000 taxation year.  2000, c. 25, s. 3 (2).

Application, etc., may be required

(5) A subclass may be prescribed so as to require, as a condition of land being in the subclass, that an application be made in respect of the land or that information in respect of the land be given to the assessment corporation.  1997, c. 29, s. 5; 1997, c. 43, Sched. G, s. 18 (7).

Assessment of easements

9. (1) Where an easement is appurtenant to any land, it shall be assessed in connection with and as part of the land at the added value it gives to the land as the dominant tenement, and the assessment of the land that, as the servient tenement, is subject to the easement shall be reduced accordingly.  R.S.O. 1990, c. A.31, s. 9 (1).

Lanes used as right of way

(2) Where land is laid out and used as a lane and is subject to rights of way that prevent any beneficial use of it by the owner, it shall not be assessed separately, but its value shall be apportioned among the various parcels to which the right of way is appurtenant and shall be included in the assessment of the parcels and in such cases the assessor shall return the land so used as “Lane not assessed”.  R.S.O. 1990, c. A.31, s. 9 (2).

Restrictive covenant

(3) A restrictive covenant running with the land shall be deemed to be an easement within the meaning of this section.  R.S.O. 1990, c. A.31, s. 9 (3).

Right of access

10. (1) An assessor, and any assistant of and designated by an assessor, upon producing proper identification, shall at all reasonable times and upon reasonable request be given free access to all land and to all parts of every building, structure, machinery and fixture erected or placed upon, in, over, under or affixed to the land, for the purpose of making a proper assessment thereof.  R.S.O. 1990, c. A.31, s. 10 (1); 1997, c. 5, s. 6 (1).

Information

(2) Every adult person present on land when any person referred to in subsection (1) visits the land in the performance of his or her duties shall upon request give to the person all the information in his or her knowledge that will assist the person to make a proper assessment of the land and every building, structure, machinery and fixture erected or placed upon, in, over, under or affixed to the land and to obtain the information he or she requires with respect to any person whose name he or she is required to enter on the assessment roll or concerning whom he or she is required to obtain any information for the purpose of the enumeration required by section 15.  R.S.O. 1990, c. A.31, s. 10 (2); 1997, c. 5, s. 6 (2).

Request for information

11. (1) For any purpose relating to the assessment of land, an assessor may, by letter sent by mail, served personally or delivered by courier, require a person who is or may be assessed in respect of the land to provide any information or produce any document relating to the assessment of land within such reasonable time as is set out in the letter.  1997, c. 5, s. 7.

Return of information

(2) A person who receives a letter under subsection (1) shall, within the time set out in the letter, provide to the assessor all the information required that is within the person’s knowledge and produce all the documents required that are within the person’s possession or control.  1997, c. 5, s. 7.

Assessor not bound by returns

12. The assessor is not bound by any statement delivered under section 10 or 11 nor does it excuse the assessor from making due inquiry to ascertain its correctness, and, despite any such statement, the assessor may assess every person for the amount that he or she believes to be just and correct, and may omit the person’s name or any land that the person claims to own or occupy, if the assessor has reason to believe that the person is not entitled to be placed on the roll or to be assessed for the land.  R.S.O. 1990, c. A.31, s. 12.

Offence for not furnishing information

13. (1) Every person who, having been required to furnish information under section 10 or 11 makes default in delivering or furnishing it, every person who fails to provide information as required under section 16.1 and any corporation that makes default in delivering the statement or notice mentioned in section 25 or 30, is guilty of an offence and on conviction is liable to a fine of not more than $1,000 and an additional fine of $100 for each day during which default continues.  R.S.O. 1990, c. A.31, s. 13 (1); 1997, c. 5, s. 8.

for false statement

(2) Every person who knowingly states anything false in any such statement or in furnishing the information is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. A.31, s. 13 (2).

Idem

(3) Every person who has made, or participated in, assented to or acquiesced in the making of, a false or deceptive statement in any application or supporting document required to determine eligibility for exemption from taxation under paragraph 22 of subsection 3 (1) is guilty of an offence and on conviction is liable to a fine of the amount of the tax that, had the true facts been stated, would have been payable, plus an amount of not more than $2,000.  R.S.O. 1990, c. A.31, s. 13 (3).

for obstructing assessor, etc.

(4) Every person who wilfully obstructs or interferes with any person referred to in subsection 10 (1) in the performance of any of his or her duties or the exercise of his or her rights, powers and privileges under this Act is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. A.31, s. 13 (4).

Assessment roll content

14. (1) The assessment corporation shall prepare an assessment roll for each municipality and the roll shall contain the following particulars:

1. A description of the property sufficient to identify it.

2. The name and surnames, in full, if they can be ascertained, of all persons who are liable to assessment in the municipality whether they are or are not resident in the municipality.

3. The amount assessable against each person who is liable to assessment opposite the person’s name.

4. The name of every tenant who is a supporter of a school board.

5. Number of acres, or other measures showing the extent of the land.

6. Current value of the parcel of land.

7. Amount of taxable land.

8. Value of land if liable for school rates only.

9. Value of land exempt from taxation.

10. The classification of the parcel of land.

11. Value of land leased to tenants referred to in subsection 4 (3) of the Municipal Tax Assistance Act.

12. Repealed:  1997, c. 5, s. 9 (2).

13. Repealed:  1997, c. 5, s. 9 (2).

14. Repealed:  1997, c. 5, s. 9 (2).

15. Repealed:  1997, c. 5, s. 9 (2).

16. Whether the person is a French-language rights holder.

17. Religion, if Roman Catholic.

18. The type of school board the person supports under the Education Act.

19. Repealed:  1997, c. 31, s. 143 (3).

20. In the case of a corporation, whether the corporation is a designated ratepayer under the Education Act.

21. Such other information as may be prescribed by the Minister.  R.S.O. 1990, c. A.31, s. 14 (1); 1992, c. 17, s. 4; 1997, c. 5, s. 9 (1, 2); 1997, c. 29, s. 6 (1); 1997, c. 31, s. 143 (2-4); 1997, c. 43, Sched. G, s. 18 (8); 2000, c. 25, s. 4 (1); 2004, c. 31, Sched. 3, s. 4.

Preparation

(2) The following provisions shall be observed in the preparation of the assessment roll:

1. No assessment shall be made against the name of any deceased person, but, when the assessor is unable to ascertain the name of the person who should be assessed instead of the deceased person, he or she may enter, instead of the name, the words “Representatives of A.B., deceased” (giving the name of the deceased person).

2. Each subdivision shall be assessed separately, and every parcel of land (whether a whole subdivision or a portion thereof, or the whole or a portion of a building thereon) in the separate occupation of any person shall be separately assessed; provided that no portion of any building used or intended to be used as a residence shall be separately assessed unless it is a domestic establishment of two or more rooms in which the occupants usually sleep and prepare and serve meals.

3. Where a block of vacant land subdivided into lots is owned by the same person, it may be entered on the roll as so many acres of the original block or lot if the numbers and description of the lots into which it is subdivided are also entered on the roll.  R.S.O. 1990, c. A.31, s. 14 (2).

Attributable assessment for school purposes

(3) If a parcel of land has more than one self-contained residential unit, the assessment attributable, for school support purposes, to the person who occupies such a unit shall be determined by dividing the assessment attributable to all the self-contained residential units on the parcel of land by the number of such units.  1997, c. 31, s. 143 (5).

Determining school support

(4) In the preparation of the assessment roll, the assessment corporation, in determining the names and school support of persons, shall be guided by the applications received and approved by the assessment corporation under section 16 of this Act and by the notices received under section 237 of the Education Act.  1997, c. 31, s. 143 (6); 1997, c. 43, Sched. G, s. 18 (9).

Portions classified in different property classes

(5) If portions of a property are classified in different classes of real property or subclasses of real property, the assessment corporation shall determine the share of the value attributable to each class or subclass, assess the property according to the proportion that each share constitutes of the total value and set out each proportion on the assessment roll.  2000, c. 25, s. 4 (2).

Enumeration

15. For the purposes of the Municipal Elections Act, 1996, the assessment corporation shall conduct an enumeration of the inhabitants of a municipality and locality at the times and in the manner directed by the Minister and for the purpose of section 18 of that Act, the Minister may establish different dates for different municipalities.  1997, c. 43, Sched. G, s. 18 (11); 2000, c. 5, s. 6.

Annual school support list

16. (1) Every year, the assessment corporation shall prepare a list showing, for each municipality or locality, name of every person who is entitled to support a school board and the type of school board that the person supports.  The corporation shall deliver the list to the secretary of each school board in the municipality or locality on or before September 30 in the year.  1997, c. 43, Sched. G, s. 18 (12).

Preparation of list

(2) Subject to subsection (3), the list referred to in subsection (1) shall be prepared on the basis of information contained in the last enumeration, including updates thereto under section 15.  1991, c. 11, s. 2; 1997, c. 31, s. 143 (8).

Application respecting school support

(3) Any person may apply in a form approved by the Minister to the assessment corporation to have his or her name included or altered in the assessment roll as a supporter of a type of school board under the Education Act.  1997, c. 31, s. 143 (9); 1997, c. 43, Sched. G, s. 18 (13).

School support

(4) Unless an application is received and approved by the assessment corporation under section 16 to the contrary, the assessment corporation shall indicate in the assessment roll that a person is an English-language public board supporter if that person is entitled to be such a supporter under the Education Act.  1997, c. 31, s. 143 (10); 1997, c. 43, Sched. G, s. 18 (14).

Format of list

(5) At the request of the secretary of the school board, the assessment corporation may deliver the list referred to in subsection (1) in a format that will facilitate the use of mechanical or electronic means in the printing, reproduction or other use of the list.  R.S.O. 1990, c. A.31, s. 16 (5); 1997, c. 43, Sched. G, s. 18 (15).

Regulations

(6) The Minister may make regulations prescribing the procedures to be used by a person applying to the assessment corporation under subsection (3).  1997, c. 5, s. 10 (2); 1997, c. 43, Sched. G, s. 18 (16).

Approval of application

(7) If the assessment corporation is satisfied that the inclusion or alteration requested in an application under subsection (3) should be made, the corporation shall approve the application; its approval is indicated by the signature of its agent or employee.  1997, c. 43, Sched. G, s. 18 (17).

Delivery of application by assessment corporation

(8) If the assessment corporation approves an application under subsection (3), the assessment corporation shall deliver a copy of the approved application to the secretary of each school board in the municipality or locality in which the applicant is entitled to support a school board.  1997, c. 31, s. 143 (11); 1997, c. 43, Sched. G, s. 18 (18).

Refusal to approve application

(9) Subject to subsection (10), if in the opinion of the assessment corporation, the statements made by an applicant in the applicant’s application under this section do not show that the applicant is entitled to have the list amended as requested, the corporation shall inform the applicant in writing that the application is refused, that the school support of the applicant as designated on the list prepared under this section will be confirmed on the notice of assessment to which the applicant is entitled under section 31 and that the applicant may, upon receipt of the notice of assessment, appeal the school support designation as confirmed by the assessment corporation to the Assessment Review Board under section 40.  R.S.O. 1990, c. A.31, s. 16 (9); 1997, c. 43, Sched. G, s. 18 (19).

Application considered after delivery of notice of assessment

(10) Where an application under this section has been received by the assessment corporation before the day fixed for the return of the roll but has not been considered by the corporation until after the delivery of the notice of assessment provided for in section 31, the assessment corporation shall, if the corporation refuses the application, inform the applicant in writing that the inclusion or amendment requested in the application is refused and that an appeal may be taken by appealing to the Assessment Review Board the applicant’s school support designation as shown on the notice of assessment delivered under section 31 but, where the assessment corporation approves the application, the corporation shall deliver to the applicant an amended notice of assessment.  R.S.O. 1990, c. A.31, s. 16 (10); 1997, c. 43, Sched. G, s. 18 (19); 1998, c. 33, s. 3.

Information from landlords

16.1 (1) For the purposes of sections 15 and 16, on or before July 31 in each year, every owner of a property with seven or more self-contained residential units shall provide the assessment corporation with the information described in subsection (2).  1997, c. 5, s. 11; 1997, c. 43, Sched. G, s. 18 (20).

What information is required

(2) The information referred to in subsection (1) is the names and unit numbers of the persons who, during the 12-month period that ends with, and includes, July 1 in the year in which the information is provided,

(a) have become residential tenants of the property;

(b) have ceased to be residential tenants of the property; or

(c) have continued to be residential tenants of the property but have changed units.  1997, c. 5, s. 11.

Land assessed against owner

17. (1) Subject to section 18, land shall be assessed against the owner.  1997, c. 29, s. 7 (1).

Land held by trustees, etc.

(2) Land held by a person as a trustee, guardian, executor or administrator shall be assessed against the person as owner in the same manner as if the person did not hold the land in a representative capacity, but the fact that the person is a trustee, guardian, executor or administrator shall, if known, be stated in the roll, and the person is only personally liable when and to the extent that the person has property as trustee, guardian, executor or administrator, available for payment of the taxes.  R.S.O. 1990, c. A.31, s. 17 (2); 1997, c. 29, s. 7 (2).

Land to be assessed against owner and tenant for certain Education Act purposes

17.1 (1) For the purposes of rates levied under Division C of Part IX of the Education Act, land shall, subject to section 18, be assessed against the owner of it and against the tenant of it to the extent of the assessed value of the portion of the land occupied by the tenant.  1997, c. 31, s. 143 (12).

Land held by trustees, etc.

(2) For the purposes of rates levied under Division C of Part IX of the Education Act, land held by a person as trustee, guardian, executor or administrator shall be assessed against the person as owner or tenant of the land, as the case may require, in the same manner as if the person did not hold the land in a representative capacity.  1997, c. 31, s. 143 (12).

Same

(3) The fact that the person is a trustee, guardian, executor or administrator shall, if known, be stated in the roll.  1997, c. 31, s. 143 (12).

Same

(4) The person is only personally liable when and to the extent that the person has property as trustee, guardian, executor or administrator, available for payment of the taxes.  1997, c. 31, s. 143 (12).

Apportionment of value of multiple occupancy

17.2 (1) Despite subsection 14 (3), for the purposes of rates levied under Division C of Part IX of the Education Act, the value of an assessment of an entire parcel of real property that is occupied by more than one person to be assessed under section 17.1 shall be apportioned on the assessment roll among the occupants of the entire real property who are to be assessed in accordance with the regulations made under subsection (2).  1997, c. 31, s. 143 (12).

Regulations

(2) The Minister may make regulations governing the apportionment of the value of assessments for the purposes of subsection (1).  1997, c. 31, s. 143 (12).

Separate assessment of certain parts

17.3 (1) The Minister may make regulations providing for the assessment, as a separate property, of the portion of a property occupied by a tenant.  1998, c. 33, s. 4.

General or specific

(2) A regulation under subsection (1) may be general or specific in its application and may treat different municipalities and properties differently.  1998, c. 33, s. 4.

Applies only to commercial and industrial

(3) A regulation under subsection (1) may apply only to the commercial classes and industrial classes, both within the meaning of subsection 308 (1) of the Municipal Act, 2001.  1998, c. 33, s. 4; 2002, c. 17, Sched. F, Table.

Assessment of Crown lands

18. (1) Despite paragraph 1 of subsection 3 (1),

(a) the tenant of land owned by the Crown shall be assessed in respect of the land as though the tenant were the owner if rent or any valuable consideration is paid in respect of the land; and

(b) an owner of land in which the Crown has an interest shall be assessed in respect of the land as though a person other than the Crown held the Crown’s interest.  1997, c. 29, s. 8.

Same

(1.1) Despite paragraph 1 of subsection 3 (1), the person or entity who has the statutory right created by subsection 114.5 (1) of the Electricity Act, 1998 to use land owned by the Crown shall be assessed in respect of the land as though the person or entity were the owner.  2002, c. 1, Sched. C, s. 1 (1).

Definitions

(2) For the purposes of this section,

“rent or any valuable consideration” shall be deemed to have been paid, in the case of an employee using as a residence land belonging to the Crown, where there is a reduction in or deduction from the salary, wages, allowances or emoluments of the employee because of the use or where the use is taken into consideration in determining the employee’s salary, wages, allowances or emoluments; (“loyer ou autre contrepartie de valeur”)

“residence” means a building or part of a building used as a domestic establishment and consisting of two or more rooms in which persons usually sleep and prepare and serve meals; (“résidence”)

“tenant”, in addition to its meaning under section 1, also includes any person who uses land belonging to the Crown as, or for the purposes of, or in connection with, his or her residence, irrespective of the relationship between him or her and the Crown with respect to the use. (“locataire”)  R.S.O. 1990, c. A.31, s. 18 (2).

Application to forest resource licences

(3) This section does not apply to the interest of a person in a licence under Part III of the Crown Forest Sustainability Act, 1994 or to any right in forest resources harvested or used or to be harvested or used under the licence, or to improvements or equipment temporarily used in connection with operations under the licence.  1994, c. 25, s. 79.

Assessment based on current value

19. (1) The assessment of land shall be based on its current value or average current value, as determined under section 19.1.  1997, c. 5, s. 12.

Regulations, special rule

(2) The Minister may make regulations,

(a) providing that the current value of eligible land be based only on current use if the land would otherwise have a higher current value because of other uses to which the land could be put;

(b) prescribing what land is eligible for a determination of current value based only on current use including prescribing how long the land must have been used for its current use to be eligible.  1997, c. 5, s. 12.

Same

(2.1) The Minister may make regulations providing that the current value of land must be determined in the manner specified in the regulations.  1999, c. 9, s. 11.

Prescribing assessed value

(2.1.1) The Minister may make regulations prescribing the assessed value or the manner of determining the assessed value of an electricity generating station, other than an electricity generating station subject to section 19.0.1.  2004, c. 31, Sched. 3, s. 5 (1).

Same

(2.2) A regulation under subsection (2.1) or (2.1.1) may be general or specific and may apply to specific properties or types of properties in a municipality or in a portion of a municipality.  1999, c. 9, s. 11; 2004, c. 31, Sched. 3, s. 5 (2).

Municipalities to opt in

(3) Regulations under subsection (2) shall provide that the regulations do not apply to land within a municipality unless the municipality has, in the prescribed manner, opted to have the regulations apply.  In this subsection, “municipality” means an upper-tier municipality and a single-tier municipality.  1998, c. 33, s. 5; 2002, c. 17, Sched. F, Table.

(4) Repealed:  1998, c. 33, s. 5.

Farm lands and buildings

(5) For the purposes of determining the current value of farm lands used only for farm purposes by the owner or used only for farm purposes by a tenant of the owner and buildings thereon used solely for farm purposes, including the residence of the owner or tenant and of the owner’s or tenant’s employees and their families on the farm lands,

(a) consideration shall be given to the current value of the lands and buildings for farm purposes only;

(b) consideration shall not be given to sales of lands and buildings to persons whose principal occupation is other than farming; and

(c) the Minister may, by regulation, define “farm lands” and “farm purposes”.  2000, c. 25, s. 5 (1).

Land and buildings to be valued as farms

(5.0.1) Land or buildings or both, as prescribed by the Minister, shall be valued as described under subsection (5).  2000, c. 25, s. 5 (2).

Where owner dies or retires

(5.1) Where the owner of farm lands entitled to the benefit of subsection (5) dies or retires, the current value of the lands and buildings in respect of which subsection (5) applies shall be determined in the manner provided in subsection (5) for the period the lands are held by the owner after his or her retirement or held by his or her estate after his or her death, but in no case beyond the two years immediately following the owner’s death or retirement unless the lands are occupied by the surviving spouse of the deceased owner or by the retired owner.  1997, c. 5, s. 12; 1999, c. 6, s. 2 (1); 2005, c. 5, s. 3 (1).

Definition

(5.1.1) In subsection (5.1),

“spouse” has the same meaning as in Part III of the Family Law Act.  1999, c. 6, s. 2 (2); 2005, c. 5, s. 3 (2).

Conservation land, managed forests

(5.2) The current value of land that is conservation land as defined in the regulations or land in the managed forests property class shall be based only on the current use of the land and not other uses to which the land could be put.  2005, c. 28, Sched. A, s. 2.

Current value of managed forests

(5.2.1) Despite subsection (5.2) and any other provision of this Act, the Minister may, by regulation, provide that the current value of land in the managed forests property class shall be determined in accordance with the regulations.  2005, c. 28, Sched. A, s. 2.

Not necessary that use be permitted

(5.3) It is not necessary, for subsection (5) to apply to farm land used only for farm purposes, that the use be permitted under municipal zoning by-laws.  1997, c. 29, s. 9.

Non-application of subsection (5)

(5.4) Subsection (5) does not apply in the circumstances prescribed by the Minister.  1997, c. 29, s. 9.

Reforested lands

(6) Land that has been planted for forestation or reforestation purposes shall not be assessed at a greater value by reason only of the planting.  R.S.O. 1990, c. A.31, s. 19 (6).

Woodlands or orchards

(7) Land used as woodlands or orchards shall not be assessed at a greater value by reason of the presence of the trees thereon nor shall it be assessed at a lesser value by reason of the removal of the trees.  R.S.O. 1990, c. A.31, s. 19 (7).

Definition, woodlands

(8) In subsection (7),

“woodlands” means lands having not less than 400 trees per acre of all sizes, or 300 trees measuring over two inches in diameter, or 200 trees measuring over five inches in diameter, or 100 trees measuring over eight inches in diameter (all the measurements to be taken at four and one-half feet from the ground) of one or more of the following kinds: white or Norway pine, white or Norway spruce, hemlock, tamarack, oak, ash, elm, hickory, basswood, tulip (white wood), black cherry, walnut, butternut, chestnut, hard maple, soft maple, cedar, sycamore, beech, black locust, or catalpa, or any other variety that may be designated by order in council, and which lands have been set apart by the owner with the object chiefly, but not necessarily solely, of fostering the growth of the trees thereon and that are fenced and not used for grazing purposes.  R.S.O. 1990, c. A.31, s. 19 (8).

Definition, orchards

(9) In subsection (7),

“orchards” means lands having an area of at least one-half acre on which there are at least thirteen fruit trees and on which the number of fruit trees bears a proportion to the area of at least twenty-six fruit trees per acre, of one or more of the following kinds: apple, cherry, grape vine, peach, apricot, pear, plum, and other fruit-producing trees, shrubs or vines that may be designated by order in council.  R.S.O. 1990, c. A.31, s. 19 (9).

Electricity generating and transformer stations

19.0.1  (1) For the purposes of this Act, the assessed value of generating station buildings or structures, transformer station buildings or structures or any buildings or structures prescribed by the Minister that are situated on land owned by a designated electricity utility or municipal electricity utility shall be determined,

(a) on the basis of $86.11 for each square metre of inside ground floor area of,

(i) each actual generating station building or structure housing the generating equipment and machinery and any auxiliary equipment and machinery,

(ii) each transformer station building or structure housing the transforming equipment and machinery and any auxiliary equipment and machinery, and

(iii) any buildings or structures or portions of buildings or structures prescribed by the Minister;

(b) in the manner prescribed by the Minister for a building or structure or portion of a building or structure prescribed by the Minister; or

(c) by the Minister for a particular building or structure or portion of a building or structure specified by the Minister, as prescribed by the Minister.  2001, c. 23, s. 2 (1); 2004, c. 31, Sched. 3, s. 6 (1).

Same

(1.1) Subsection (1) does not apply for the purpose of determining the assessed value of,

(a) the land on which the buildings and structures described in subsection (1) are situated; or

(b) the buildings or structures on that land other than those described in subsection (1).  1999, c. 9, s. 12 (1).

Subsequent owners

(1.2) If a generating station building or structure is owned by one of the persons referred to in subsection 92 (1) of the Electricity Act, 1998 on January 1, 2000 and is subsequently disposed of by that person, this section continues to apply to the building or structure.  2000, c. 25, s. 6.

No reduction in taxes

(2) The taxes payable for municipal and school purposes on a building or structure to which subsection (1) applies, determined on an annual basis and payable by the owner, shall not be less than the amount of taxes payable for municipal and school purposes on that building or structure in 1998.  1999, c. 9, s. 12 (1).

Payments under s. 27

(3) The reference in subsection (2) to taxes payable for municipal and school purposes shall be deemed to include payments under subsection 27 (3) and payments under section 52 of the Power Corporation Act.  1999, c. 9, s. 12 (1).

Former generating stations

(4) Subsection (1) does not apply to land on which are situated generating station buildings if,

(a) the buildings are no longer used to generate electricity; and

(b) the buildings are not capable, in their present form, of being used to generate electricity.

(c) Repealed:  2004, c. 31, Sched. 3, s. 6 (2).

1998, c. 15, Sched. E, s. 1 (1); 2004, c. 31, Sched. 3, s. 6 (2).

Definitions

(5) In this section,

“designated electricity utility” means,

(a) Hydro One Inc., as defined in the Electricity Act, 1998, or a subsidiary of it within the meaning of that Act, or

(b) Ontario Power Generation Inc., as defined in the Electricity Act, 1998, or a subsidiary of it within the meaning of that Act; (“service public d’électricité désigné”)

“municipal electricity utility” has the same meaning as in Part VI of the Electricity Act, 1998. (“service municipal d’électricité”)  1998, c. 15, Sched. E, s. 1 (1); 2002, c. 1, Sched. C, s. 1 (2).

Deemed ownership

(6) For the purposes of subsection (1), a building or structure or portion of a building or structure to which subsection (1) applies shall be deemed to be owned by a designated electricity utility or a municipal electricity utility if the land is owned by the Crown or a municipality and is occupied by the designated electricity utility or the municipal electricity utility.  2001, c. 23, s. 2 (2).

Assessment, single years and averages

19.1 (1) Subject to subsections (2) and (3), land shall be assessed for a taxation year at the current value of the land for the taxation year.  2004, c. 7, s. 2.

Same, for prescribed taxation year

(2) If the Minister prescribes a taxation year for the purposes of this section, land shall be assessed for the prescribed taxation year at the average of the current value of the land for the prescribed taxation year and the current value of the land for the preceding taxation year.  2004, c. 7, s. 2.

Same, after prescribed taxation year

(3) If the Minister prescribes a taxation year for the purposes of this section, land shall be assessed for any taxation year after the prescribed taxation year at the average of the current value of the land for the taxation year and the current value of the land for each of the two preceding taxation years.  2004, c. 7, s. 2.

Valuation days

19.2 (1) Subject to subsections (2) and (5), the day as of which land is valued for a taxation year is determined as follows:

1. For the 1998, 1999 and 2000 taxation years, land is valued as of June 30, 1996.

2. For the 2001 and 2002 taxation years, land is valued as of June 30, 1999.

3. For the 2003 taxation year, land is valued as of June 30, 2001.

4. For the 2004 and 2005 taxation years, land is valued as of June 30, 2003.

5. For the 2006 and subsequent taxation years, land is valued as of January 1 of the year preceding the taxation year.  2004, c. 7, s. 3 (1).

Exceptions, by order

(2) For any of the 1999 to 2003 taxation years, the Minister may order that land be valued as of June 30 of a year different from that set out in the table in subsection (1).  1997, c. 5, s. 13.

Notice of order

(3) The Minister shall give notice of any order under subsection (2) to the persons and in the manner determined by the Minister.  1997, c. 5, s. 13.

Order not a regulation

(4) An order under subsection (2) is not a regulation within the meaning of the Regulations Act.  1997, c. 5, s. 13.

Exception

(5) Subsection (1) does not apply in respect of the valuation of land for a taxation year after 2004 if the Minister prescribes a different day as of which land is valued for that year.  2004, c. 7, s. 3 (2).

Classification day

19.3 The day as of which land shall be classified for a taxation year is June 30 of the previous year.  1997, c. 5, s. 13; 2004, c. 31, Sched. 3, s. 7.

19.4Repealed:  1998, c. 3, s. 3.

Assessment of mineral rights

20. (1) Repealed:  1997, c. 5, s. 14 (1).

Petroleum mineral rights

(2) Where in any deed or conveyance of lands heretofore or hereafter made, the petroleum mineral rights in the lands have been or are reserved to the grantor, the mineral rights shall be assessed at their current value.  R.S.O. 1990, c. A.31, s. 20 (2); 1997, c. 5, s. 14 (2).

Minerals and surface rights becoming vested in one owner

(3) Where any estate in mines, minerals or mining rights has heretofore or may hereafter become severed from the estate in the surface rights of the same lands, whether by means of the original patent or lease from the Crown, or by any act of the patentee or lessee, or the heirs, executors, administrators, successors or assigns of the patentee or lessee, the estates after being so severed shall thereafter be and remain for all purposes of taxation and assessment separate estates despite the circumstances that the titles to the estates may thereafter be or become vested in one owner.  R.S.O. 1990, c. A.31, s. 20 (3).

Exemption of farm lands from taxation for certain expenditures

21. (1) In any municipality where lands held and used as farm lands only and in blocks of not less than five acres by any one person are not benefited to as great an extent by the expenditure of money for and on account of public improvements, of the character hereinafter mentioned, in the municipality as other lands therein generally, the council shall annually before the 1st day of March pass a by-law declaring what part, if any, of such lands are exempt or partly exempt from taxation for the expenditures of the municipality incurred for waterworks, fire protection, garbage collection, sidewalks, pavements or sewers, or the lighting, oiling, tarring, treating for dust or watering of the streets, regard being had in determining the exemption to any advantage, direct or indirect, to the lands arising from the expenditures or any of them.  R.S.O. 1990, c. A.31, s. 21 (1).

Notice

(2) The clerk shall forthwith notify by registered mail each person affected by the by-law as to what exemption is provided for the person’s lands by the by-law.  R.S.O. 1990, c. A.31, s. 21 (2).

Appeal against by-law

(3) Any person complaining that the by-law does not exempt or does not sufficiently exempt the person or the person’s lands from taxation may, within fourteen days after the mailing of the notice, notify the clerk of the municipality and the secretary of the Ontario Municipal Board of the person’s intention to appeal against the provisions of the by-law, or any of them, to the Ontario Municipal Board which has power to alter or vary any or all of the provisions of the by-law and to determine the matter of complaint in accordance with the spirit and intent of this section.  R.S.O. 1990, c. A.31, s. 21 (3).

Appeal where no by-law passed

(4) If the council fails to pass the by-law before the 1st day of March, any person affected may, on or before the 21st day of March, notify the clerk of the municipality and the Ontario Municipal Board of the person’s intention to appeal to the Ontario Municipal Board, and, upon such an appeal being taken, the Ontario Municipal Board may make an order declaring what part, if any, of the lands of the person appealing is exempt or partly exempt from taxation, and the order when published in The Ontario Gazette shall be deemed to be the by-law of the council as if passed under subsection (1) except that there shall be no appeal therefrom under subsection (3).  R.S.O. 1990, c. A.31, s. 21 (4).

Assessment appeals not affected

(5) Nothing in this section shall be deemed to prevent or affect any right of appeal against an assessment.  R.S.O. 1990, c. A.31, s. 21 (5).

Exemption of farm lands in police villages

22. (1) Section 21 applies to a police village so that farm lands situate therein may be exempted or partly exempted from taxation in the same manner, to the same extent, and for the purposes mentioned in that section.  R.S.O. 1990, c. A.31, s. 22 (1).

Exemption by-law to be passed by trustees of police village

(2) The trustees or board of trustees of a police village have power to and shall pass by-laws as provided for in section 21 and forthwith after passing the by-law shall furnish a certified copy thereof to the clerk of the local municipality or local municipalities in which the police village or any part thereof is situate, and all notices to be given under that section shall be given to the trustees or board of trustees of the police village instead of to the clerk of the municipality.  R.S.O. 1990, c. A.31, s. 22 (2); 2002, c. 17, Sched. F, Table.

Notice of by-law and of decisions to be given to local municipality clerk

(3) The trustees or board of trustees of a police village shall notify the clerk of the local municipality or local municipalities, in which the police village or any part thereof is situate, of any decision of the Ontario Municipal Board in respect of lands in the police village made under section 21 forthwith after it is received.  R.S.O. 1990, c. A.31, s. 22 (3); 2002, c. 17, Sched. F, Table.

Application of by-law by local municipality council in striking rates

(4) The provisions of every by-law of a police village passed under the authority of this section, and of every decision of the Ontario Municipal Board with respect to the police village, shall be made applicable by the council of the local municipality or local municipalities in which the police village or any part thereof is situate in striking the rates to be levied in or for the purposes of the police village.  R.S.O. 1990, c. A.31, s. 22 (4); 2002, c. 17, Sched. F, Table.

Agreement for fixed assessment for golf course

23. (1) Any local municipality may enter into an agreement with the owner of a golf course for providing a fixed assessment for the land occupied as a golf course, but not including the part of the land actually occupied by any building or structure or the building or structure, to apply to taxation for general, school and special purposes, but not to apply to taxation for local improvements.  R.S.O. 1990, c. A.31, s. 23 (1).

Duties of municipal officials:

(2) Where a golf course has a fixed assessment under an agreement under subsection (1),

assessment

(a) the golf course shall be assessed each year as if it did not have a fixed assessment;

taxes

(b) the treasurer shall calculate each year what the taxes would have been on the golf course if it did not have a fixed assessment;

record

(c) the treasurer shall keep a record of the difference between the taxes paid each year and the taxes that would have been paid if the golf course did not have a fixed assessment and shall debit the golf course with this amount each year during the term of the agreement and shall add to the debit on the 1st day of January in each year the interest that may be agreed upon on the aggregate amount of the debit on that date; and

distribution of taxes

(d) the taxes paid on the fixed assessment shall be distributed among the bodies for which the municipality is required to levy in the proportion that the levy for each body bears to the total levy.  R.S.O. 1990, c. A.31, s. 23 (2).

Agreement to be registered

(3) Every agreement shall be registered in the proper land registry office for the registry division or land titles division in which the golf course or any part of the golf course is located.  2002, c. 17, Sched. F, Table.

Termination of agreement, as to all of lands

(4) When an agreement is for any reason terminated as to the whole of the lands in respect of which the fixed assessment is given, the owner shall,

(a) pay to the municipality the amount debited against the golf course, including the amounts of interest debited in accordance with clause (2) (c); or

(b) require the municipality to purchase the golf course for an amount equal to the fixed assessment.  R.S.O. 1990, c. A.31, s. 23 (4).

as to part of lands

(5) When an agreement is for any reason terminated as to a part of the land in respect of which the fixed assessment is given, the owner shall,

(a) pay to the municipality that portion of the amount debited against the golf course, including the amounts of interest debited in accordance with clause (2) (c), that is attributable to the portion of the golf course in respect of which the agreement is terminated; or

(b) require the municipality to purchase the part of the golf course in respect of which the agreement is terminated for an amount equal to the fixed assessment that is attributable to the part.  R.S.O. 1990, c. A.31, s. 23 (5).

Agreement terminated when land ceases to be used as golf course

(6) Where a golf course has a fixed assessment under an agreement under subsection (1), the agreement shall terminate as to the whole or any part of the land in respect of which the fixed assessment is given when the whole or any such part thereof ceases to be occupied for the purposes of a golf course.  R.S.O. 1990, c. A.31, s. 23 (6).

Termination of agreement

(7) Any agreement may be terminated on the 31st day of December in any year upon the owner of the golf course giving six months notice of the termination in writing to the municipality.  R.S.O. 1990, c. A.31, s. 23 (7).

Dispute

(8) Any dispute between the municipality and the owner of the golf course in relation to an agreement or this section shall be settled by the Ontario Municipal Board, and the decision of the Board is final.  R.S.O. 1990, c. A.31, s. 23 (8).

Update of old fixed assessment

(9) A fixed assessment is changed each year after the year with respect to which it first applies in accordance with the following:

where,

“Previous year’s taxes” means the taxes levied for municipal and school purposes in the previous year on the land to which the fixed assessment relates;

“Current year’s tax rate” means the total tax rate, for municipal and school purposes for the current year, for property in the residential property class in the local municipality;

“Tax change (class)” means an amount determined in accordance with the following:

1. Determine the total taxes levied for municipal and school purposes in the previous year on the property described in paragraph 4.

2. Determine the total taxes levied for municipal and school purposes in the current year on the property described in paragraph 4.

3. The Tax change (class) is the amount determined under paragraph 2 divided by the amount determined under paragraph 1.

4. The property referred to in paragraphs 1 and 2 is the property in the local municipality that, for both the previous year and the current year, is in the residential property class.  For 1998, the property referred to in paragraphs 1 and 2 is the property in the local municipality that, for 1998, is in the residential property class. 

1998, c. 3, s. 4; 2002, c. 22, s. 5.

Application of subsection (9)

(10) For greater certainty,

(a) subsection (9) applies with respect to an agreement entered into before or after subsection (9) came into force; and

(b) subsection (9) applies with respect to 1998 and subsequent years but not with respect to years before 1998.  1998, c. 3, s. 4.

Assessment of lands of water, heat, light, power and transportation companies

24. (1) The property declared to be “land”, by clause (e) of the definition of “land” in section 1, that is owned by companies or persons supplying water, heat, light and power to municipalities and the inhabitants thereof, and companies and persons operating transportation systems and companies or persons distributing by pipe line natural gas, manufactured gas or liquefied petroleum gas or any mixture of any of them shall, whether situate or not situate upon a highway, street, road, lane or other public place, when and so long as in actual use, be assessed at its current value in accordance with section 19.  R.S.O. 1990, c. A.31, s. 24 (1); 1997, c. 5, s. 15.

Application of section

(2) This section does not apply to a pipe line as defined in section 25.  R.S.O. 1990, c. A.31, s. 24 (2).

Assessment of works extending into two or more municipalities

(3) Where the property of any such company or person extends through two or more municipalities, the portion thereof in each municipality shall be separately assessed therein at its value as an integral part of the whole property.  R.S.O. 1990, c. A.31, s. 24 (3).

Assessment of structures, rails, etc., of transportation system

(4) Despite any other provisions of this Act, the structures, substructures, superstructures, rails, ties, poles and wires of such a transportation system are liable to assessment and taxation in the same manner and to the same extent as those of a railway are under section 30 and not otherwise.  R.S.O. 1990, c. A.31, s. 24 (4).

Pipe line

25. (1) In this section,

“gas” means natural gas, manufactured gas or propane or any mixture of any of them; (“gaz”)

“oil” means crude oil or liquid hydrocarbons or any product or by-product thereof; (“pétrole”)

“pipe line” means a pipe line for the transportation or transmission of gas that is designated by the owner as a transmission pipe line and a pipe line for the transportation or transmission of oil, and includes,

(a) all valves, couplings, cathodic protection apparatus, protective coatings and casings,

(b) all haulage, labour, engineering and overheads in respect of such pipe line,

(c) any section, part or branch of any pipe line,

(d) any easement or right of way used by a pipe line company, and

(e) any franchise or franchise right,

but does not include a pipe line or lines situate wholly within an oil refinery, oil storage depot, oil bulk plant or oil pipe line terminal; (“pipeline”)

“pipe line company” means every person, firm, partnership, association or corporation owning or operating a pipe line all or any part of which is situate in Ontario. (“compagnie de pipeline”)  R.S.O. 1990, c. A.31, s. 25 (1).

Notice

(2) On or before March 1 of every year or such other date as the Minister may prescribe, the pipe line company shall notify the assessment corporation of the age, length and diameter of all of its transmission pipe lines located in each municipality on January 1 of that year.  2004, c. 31, Sched. 3, s. 8.

Disputes

(3) All disputes as to whether or not a gas pipe line is a transmission pipe line shall, on the application of any interested party, be decided by the Ontario Energy Board and its decision is final.  R.S.O. 1990, c. A.31, s. 25 (3).

Assessment of pipe line

(4) Despite any other provisions of this Act, a pipe line shall be assessed for taxation purposes in accordance with the regulations.  1997, c. 5, s. 16 (1).

(5) Repealed:  1997, c. 5, s. 16 (1).

(6) Repealed:  1997, c. 5, s. 16 (1).

(7) Repealed:  1997, c. 5, s. 16 (1).

Pipe lines abandoned

(8) A pipe line that has been abandoned in any year ceases to be liable for assessment effective with the assessment next following the date of abandonment.  R.S.O. 1990, c. A.31, s. 25 (8).

Reduction of assessment on pipe line

(9) Where a pipe line has been constructed and used for the transportation of oil or gas and ceases to be so used by reason of an order or regulation of an authority having jurisdiction in that behalf, other than the taxing authority, and an application to the proper authority for permission to abandon the pipe line has been refused, the assessment of the pipe line shall be reduced by 20 per cent so long as it is not used for the transportation of oil or gas.  R.S.O. 1990, c. A.31, s. 25 (9).

Liability to taxation of pipe line on exempt property

(10) Where a pipe line is located on, in, under, along or across any highway or any lands, other than lands held in trust for a band or body of Indians, exempt from taxation under this or any special or general Act, the pipe line is nevertheless liable to assessment and taxation in accordance with this section.  R.S.O. 1990, c. A.31, s. 25 (10).

Tax liability

(11) Despite the other provisions of this Act or any other special or general Act, a pipe line liable for assessment and taxation under this section is not liable for assessment and taxation in any other manner for municipal purposes, including local improvements, but all other land and buildings of the pipe line company liable for assessment and taxation under this or any other special or general Act continue to be so liable.  R.S.O. 1990, c. A.31, s. 25 (11); 1997, c. 5, s. 16 (2).

Assessment of pipe line extending into two or more municipalities

(12) Where a pipe line extends through two or more municipalities, only the portion or portions thereof in each municipality are liable for assessment and taxation in that municipality.  R.S.O. 1990, c. A.31, s. 25 (12).

Pipe lines on municipal boundaries

(13) Where a pipe line is placed on a boundary between two municipalities or so near thereto as to be in some places on one side and in other places on the other side of the boundary line or on or in a road that lies between two municipalities, although it may deviate so as in some places to be wholly or partly within either of them, the pipe line shall be assessed in each municipality for one-half of the amount assessable against it under this section.  R.S.O. 1990, c. A.31, s. 25 (13).

Real property assessment

(14) The assessment of a pipe line under this section shall be deemed to be real property assessment and the taxes payable by a pipe line company on the assessment of a pipe line under this section are a lien on all the lands of the company in the municipality.  R.S.O. 1990, c. A.31, s. 25 (14).

(15) Repealed:  1997, c. 5, s. 16 (3).

(16) Repealed:  1997, c. 5, s. 16 (3).

(17) Repealed:  1997, c. 5, s. 16 (3).

(18) Repealed:  1997, c. 5, s. 16 (3).

Pipes, poles, wires, etc., on boundary lines

26. Where any structure, pipe, pole, wire or other property is erected or placed upon, in, over, under or affixed to any highway forming the boundary line between two local municipalities, or so that the structure, pipe, pole, wire or property is in some places on one side and in other places on the other side of the boundary line, or is on a highway forming the boundary line between two local municipalities although it may deviate so as in some places to be wholly or partly within either of them, it shall be assessed in each municipality for one-half of the whole assessable value in both municipalities taken together.  R.S.O. 1990, c. A.31, s. 26.

Public utility

27. (1) In this section,

“commission” means the council of a municipality or upper-tier municipality, or a commission or trustees or other body, operating a public utility for or on behalf of the municipality or upper-tier municipality and includes a municipal parking authority established under any general or special Act; (“commission”)

“public utility” means a public utility as defined in the Municipal Affairs Act and includes parking facilities on land owned by a municipality or upper-tier municipality or by a municipal parking authority established under any general or special Act. (“service public”)  R.S.O. 1990, c. A.31, s. 27 (1); 2002, c. 17, Sched. F, Table.

Property deemed vested in commission

(2) For the purposes of this section, land and buildings owned by and vested in a municipality or upper-tier municipality and used for the purposes of a public utility shall be deemed to be owned by and vested in the commission operating the public utility.  R.S.O. 1990, c. A.31, s. 27 (2); 2002, c. 17, Sched. F, Table.

Annual payment to municipalities

(3) Every commission shall pay in each year, to any municipality in which lands or buildings owned by the commission are situated, an amount equal to the taxes for municipal and school purposes that would be payable if the land and buildings were taxable and classified in the commercial property class.  1998, c. 3, s. 5.

Electricity generating and transformer stations

(3.1) Despite subsection (3), every commission shall pay in each year, to any municipality in which lands or buildings owned by the commission and referred to in section 19.0.1 are situated, an amount equal to the taxes for municipal and school purposes that would be payable if the land and buildings were taxable and were classified in accordance with this Act and the regulations.  1998, c. 15, Sched. E, s. 1 (2).

(4) Repealed:  1997, c. 5, s. 17 (2).

(5) Repealed:  1997, c. 5, s. 17 (2).

Local improvements

(6) The commission shall pay local improvement assessments.  R.S.O. 1990, c. A.31, s. 27 (6); 2002, c. 17, Sched. F, Table.

Credit to municipal general fund

(7) The payments received under subsection (3) shall be credited by the municipality to the general fund of the municipality.  R.S.O. 1990, c. A.31, s. 27 (7); 1997, c. 5, s. 17 (3).

Mode of assessment, appeals

(8) Subject to subsections (3) and (10), the property on which payment is to be made under subsection (3) shall be assessed according to this Act and the provisions of this Act respecting appeals apply.  1997, c. 5, s. 17 (4).

Valuation to be included in apportioning levies

(9) The valuation of properties assessed under this section shall be included when apportioning levies for any purpose.  1997, c. 5, s. 17 (5).

Exemptions

(10) In making the assessment referred to in subsection (8), there shall be no assessment of machinery whether fixed or not nor of the foundation on which it rests, works, structures other than buildings referred to in subsection (3), substructures, superstructures, except where a substructure or superstructure forms an integral part of a building referred to in subsection (3), rails, ties, poles, towers, lines nor of any of the things excepted from exemption from taxation by paragraph 17 of subsection 3 (1) nor of other property, works or improvements not referred to in subsection (3), nor of an easement or the right or use of occupation or other interest in land not owned by the commission.  R.S.O. 1990, c. A.31, s. 27 (10); 1997, c. 5, s. 17 (6).

Application

(11) Nothing in this section exempts from taxation any part of any works, structures, substructures or superstructures when occupied by a tenant or lessee.  R.S.O. 1990, c. A.31, s. 27 (11).

(12) Repealed:  2002, c. 17, Sched. F, Table.

Application of section

(13) This section applies despite any other provision in this Act or any other general or special Act or any agreement heretofore made, and any agreement heretofore made under which a commission pays taxes, or money instead of taxes or for municipal services, is void.  R.S.O. 1990, c. A.31, s. 27 (13).

Collection of payments

(14) The provisions of this Act and the Municipal Act, 2001 with respect to the collection of taxes apply with necessary modifications to the payments required to be made by a commission under this section.  R.S.O. 1990, c. A.31, s. 27 (14); 2002, c. 17, Sched. F, Table.

Large commercial theatres, Toronto

27.1 (1) In this section,

“large commercial theatre” means, in respect of a taxation year, land or any portion of land that is used as a theatre, if,

(a) the theatre contains 1,000 or more seats,

(b) the theatre is used, other than by a charitable or non-profit organization, on a total of at least 183 days in the taxation year to present live performances with the intention of generating a profit, and

(c) when the theatre is used, other than by a charitable or non-profit organization, to present live performances with the intention of generating a profit, no food or beverages may be consumed in the area in which people view the performances and any food or beverage service provided by the theatre is restricted to lobby areas.  1997, c. 29, s. 12.

Large commercial theatres in Toronto

(2) For each taxation year, the owner of a large commercial theatre that is located in the City of Toronto and that is not liable to taxation shall pay the City of Toronto the amount calculated in accordance with the following formula:

where,

P = the amount of the payment,

T = the taxes for municipal purposes that would be payable if the theatre were liable to taxation,

F = the fraction that represents the proportion of the taxation year during which the theatre is used, other than by a charitable or non-profit organization, to present live performances of productions presented with the intention of generating a profit,

S = any amount that a by-law under subsection (3) permits the owner to deduct from the payment.

1997, c. 29, s. 12.

Subsidy

(3) The council of the City of Toronto may, by by-law, permit an owner to deduct from a payment under subsection (2) an amount determined in accordance with the by-law that represents all or a portion of the revenue from the use of the theatre, other than by a charitable or non-profit organization, to present live performances of productions presented with the intention of generating a profit, that is used to fund or financially support not-for-profit activities that take place on the same parcel of land or on another parcel of land in Ontario owned by the owner.  1997, c. 29, s. 12.

City must pass a by-law

(4) The council of the City of Toronto shall pass a by-law under subsection (3).  1997, c. 29, s. 12.

When payable

(5) Payments required under this section in respect of a taxation year shall be made not later than March 31 in the year following the taxation year.  1997, c. 29, s. 12.

Collection of payments

(6) The provisions of this Act and the Municipal Act with respect to the collection of taxes apply with necessary modifications to payments required under this section.  1997, c. 29, s. 12.

Convention centres

27.2 (1) Despite this or any other Act, the owner of a convention centre, as prescribed by the Minister, that is not liable to taxation under this or any other Act, shall make a payment in lieu of taxes to the municipality in which it is located, in each taxation year beginning in 2001 in such amount as may be prescribed by the Minister.  2000, c. 25, s. 7.

When payable

(2) Payments required under this section in respect of a taxation year shall be made at the same time as payments must be made for rateable properties in the commercial property class.  2000, c. 25, s. 7.

Collection of payments

(3) The provisions of this Act and the Municipal Act, 2001 respecting the collection of taxes apply with necessary modifications to payments required under this section.  2000, c. 25, s. 7; 2002, c. 17, Sched. F, Table.

Regulations

(4) The Minister may make regulations prescribing convention centres and the amount to be paid by convention centres for the purposes of subsection (1).  2000, c. 25, s. 7.

28.Repealed:  1997, c. 29, s. 13.

Bridges and tunnels between municipalities

29. Any bridge or tunnel belonging to or in possession of any person or corporation between two municipalities in Ontario shall be valued as an integral part of the whole and on the basis of valuation of the whole.  R.S.O. 1990, c. A.31, s. 29.

Railway land

Annual statement by railway company

30. (1) Every year on or before March 1 or such other date as the Minister may prescribe, every railway company shall give the assessment corporation a statement with respect to any part of the roadway and other land of the company located in each municipality or locality.  The statement must show,

(a) the quantity of land occupied by the roadway, and a description sufficient to identify what land is so occupied;

(b) the vacant land owned by the company and not in actual use by the company;

(c) the quantity of land occupied by the railway and being a part of a highway, street, road or other public land, but not being a highway, street or road that is merely crossed by the railway; and

(d) the real property, other than that referred to in clause (a), (b) or (c), in actual use and occupation by the railway.  R.S.O. 1990, c. A.31, s. 30 (1); 1997, c. 43, Sched. G, s. 18 (22); 2004, c. 31, Sched. 3, s. 9.

Assessment of railway land

(2) The land and property under subsection (1), other than clause (1) (a), shall be assessed as follows,

(a) Repealed:  1997, c. 29, s. 14 (2).

(b) the vacant land, at its value as other vacant lands are assessed under this Act;

(c) the structures, substructures, superstructures, rails, ties, poles and other property belonging to or used by the company (not including rolling stock and not including tunnels or bridges in, over, under or forming part of any highway) upon, in, over, under or affixed to any highway, street or road (not being a highway, street or road merely crossed by the line of railway) at their actual cash value as they would be appraised upon a sale to another company possessing similar powers, rights and franchises, regard being had to all circumstances adversely affecting the value including the non-user of such property;

(d) the real property not designated in clauses (b) and (c) in actual use and occupation by the company, at its actual cash value as it would be appraised upon a sale to another company possessing similar powers, rights and franchises.  R.S.O. 1990, c. A.31, s. 30 (2); 1997, c. 5, s. 18 (1); 1997, c. 29, s. 14.

Rails, ties, poles, substructures, etc., not assessable

(3) Despite any other provision in this Act, the structures, substructures, superstructures, rails, ties, poles, wires and other property on railway lands and used exclusively for railway purposes or incidental thereto (except stations, freight sheds, offices, warehouses, elevators, hotels, heating plants, round houses and machine, repair and other shops) shall not be assessed, but heating plants shall be exempt from assessment to the extent that the amount of steam or heat is used in relation to the cleaning or heating of rolling stock.  R.S.O. 1990, c. A.31, s. 30 (3).

Exemption from other assessments

(4) A railway company assessed under this section is exempt from assessment in any other manner for municipal purposes except for local improvements.  1997, c. 5, s. 18 (2).

30.1Repealed:  1997, c. 29, s. 15.

Notice of assessment

31. (1) Where, in respect of any parcel of land, there has been a change in any particular described in subsection 14 (1) that is not reflected in the last assessment roll as returned, the assessment corporation or an assessor shall deliver in the manner provided in this section to every person described in paragraph 2 of subsection 14 (1) who is affected by the change a notice in a form approved by the Minister showing,

(a) the person’s assessment and the current value of the parcel of land;

(a.1) the classification of the parcel of land;

(b) the person’s school support; and

(c) such other particulars as are directed by the Minister to be shown in the notice,

and the assessment corporation or assessor shall enter in the roll opposite the name of the person the date of delivery of the notice or shall make one or more certificates to be attached to the roll or to any part of the roll certifying the date or dates upon which the notices were delivered, and the entry, certificate or certificates are proof, in the absence of evidence to the contrary, of the delivery.  R.S.O. 1990, c. A.31, s. 31 (1); 1997, c. 5, s. 20; 1997, c. 43, Sched. G, s. 18 (23); 2004, c. 7, s. 4 (1).

Time for delivery of notice

(1.1) The assessment corporation or an assessor shall deliver a notice required under subsection (1) no later than,

(a) the 14th day before the day the assessment roll is completed, if the Minister does not prescribe an earlier day; or

(b) the day prescribed by the Minister, if the Minister prescribes an earlier day.  2004, c. 7, s. 4 (2).

Delivery of notice, residents

(2) When the person assessed is resident in the municipality, the notice shall be delivered by leaving it at the person’s residence or place of business or by mailing it addressed to the person at the person’s residence or place of business.  R.S.O. 1990, c. A.31, s. 31 (2).

Non-residents

(3) When the person assessed is not resident in the municipality, the notice shall be delivered by mailing it addressed to the person at the person’s last known address.  R.S.O. 1990, c. A.31, s. 31 (3).

Notice of address

(4) When a person assessed furnishes the assessment corporation with a notice in writing giving the address to which the notice of assessment may be delivered to the person and requesting that the notice be delivered to the address, the notice of assessment shall be so delivered, and the notice stands until revoked in writing.  R.S.O. 1990, c. A.31, s. 31 (4); 1997, c. 43, Sched. G, s. 18 (23).

Information notice

(5) The assessment corporation or an assessor shall deliver with the notice required by subsection (1), or publish in a newspaper having general circulation in the municipality in which the land assessed is situated, a notice setting forth,

(a) the last day for appealing the assessment;

(b) the times and places where the assessment roll may be examined and discussed with the assessment corporation or an assessor;

(c) any significant and unusual change in the amount of the assessment; and

(d) any other information which, in the opinion of the assessment corporation, is desirable,

but any failure to send the notice does not affect the validity of any assessment.  R.S.O. 1990, c. A.31, s. 31 (5); 1997, c. 43, Sched. G, s. 18 (23).

Rights of way

(6) Subsection (1) applies with respect to land referred to in subsection 3 (4) with the following modifications:

1. The clauses in subsection (1), other than clause (c), do not apply.

2. The notice shall show the number of acres or other measure showing the extent of the land.  1997, c. 29, s. 16.

Application to certain changes

(7) Subsection (1) applies with respect to a change described in subsection 34 (1) in respect of which the assessor could have, but did not, make an assessment under that subsection.  1998, c. 3, s. 6.

Correction of errors, etc., in assessment roll

32. (1) Despite the delivery or transmission of any notice provided for by section 31, the assessment corporation at any time before the time fixed for the return of the assessment roll may correct any defect, error, omission or misstatement in any assessment and alter the roll accordingly, and the corporation shall do so upon notice being given to the corporation of any defect, error, omission or misstatement, and, upon so correcting or altering any assessment, the corporation shall deliver or transmit to the person assessed an amended notice.  R.S.O. 1990, c. A.31, s. 32; 1997, c. 43, Sched. G, s. 18 (24).

Change in classification

(2) If, as a result of a change in the regulations made under section 7, the classification of a property is changed for the current year or for any part or all of the preceding year and taxes have been levied on that property that exceed the taxes that would have been levied on the property had the property been classified pursuant to the change in the regulations made under section 7, the assessor shall make any assessment necessary to change the classification and the clerk of the municipality upon notification thereof shall alter the tax roll and the amount of any overpayment shall be refunded or credited to the owner.  2000, c. 25, s. 8; 2002, c. 17, Sched. F, Table; 2004, c. 31, Sched. 3, s. 10 (1).

Change in tax liability

(3) If, as a result of an amendment to this Act or the regulations, a property becomes exempt from taxation for a year or for part or all of the preceding year,

(a) the assessor shall make any assessment necessary to change the tax liability for the property;

(b) the clerk of the municipality, on receiving notice of the change in tax liability, shall alter the tax roll; and

(c) the municipality shall refund or credit to the owner the amount of any overpayment of taxes and any interest paid by the owner on the amount of the overpayment.  2004, c. 31, Sched. 3, s. 10 (2).

Change in tax methodology

(4) If, as a result of an amendment to this Act or the regulations, the method of determining the assessed value of a property for a year or for any part or all of the preceding year is changed,

(a) the assessor shall make any assessment necessary to change the assessed value;

(b) the clerk of the municipality, on receipt of notice of the change, shall alter the tax roll; and

(c) the municipality shall,

(i) refund or credit to the owner of the property the amount of any overpayment of taxes and any interest paid by the owner on the amount of the overpayment, or

(ii) levy and collect from the owner of the property any additional taxes that have become payable as a result of the change in the assessment methodology.  2004, c. 31, Sched. 3, s. 10 (2).

Transitional

(5) For the purposes of subsections (3) and (4), a reference to the preceding year includes a reference to a year ending before, on or after the day subsections (3) and (4) come into force.  2004, c. 31, Sched. 3, s. 10 (2).

Assessment omitted from tax roll

33. (1) If any land liable to assessment has been in whole or in part omitted from the tax roll for the current year or for any part or all of either or both of the next two preceding years, and no taxes have been levied for the assessment omitted, the assessor shall make any assessment necessary to rectify the omission and the clerk of the municipality upon notification thereof shall enter the assessment on the tax roll and the taxes that would have been payable if the assessment had not been omitted shall be levied and collected.  R.S.O. 1990, c. A.31, s. 33 (1); 1997, c. 5, s. 21; 2002, c. 17, Sched. F, Table.

Note: Despite section 21 of the Statutes of Ontario, 1997, chapter 5, after December 1, 1997 subsection 33 (1) continues to apply with respect to business assessments relating to the 1997 taxation year or an earlier year.  See: 1997, c. 5, s. 78.

Exceptions

(1.1) Subsection (1) does not apply with respect to such land, during such period and in such circumstances as the Minister may prescribe.  2002, c. 22, s. 6.

Definition

(2) For the purposes of this section,

“omitted” includes the invalidation or setting aside of an assessment by any court or assessment tribunal on any ground except that the land is not liable to taxation.  R.S.O. 1990, c. A.31, s. 33 (2).

Property incorrectly described as exempt from taxation

(3) If any land that is liable to taxation has been entered on the tax roll for the current year or for any part or all of either or both of the next two preceding years as exempt from taxation, and no taxes have been levied on that land, the assessor shall make any assessment necessary to correct the omission and the clerk of the municipality upon notification thereof shall enter that land as liable to taxation on the tax roll and the taxes that would have been payable if that land had been entered in the tax roll as property liable to tax shall be levied and collected, but no such amendment shall be made where that land has been held by any court or assessment tribunal not to be liable to taxation.  R.S.O. 1990, c. A.31, s. 33 (3); 2002, c. 17, Sched. F, Table.

Managed forests, conservation land

(4) Subsection (5) applies with respect to,

(a) land in the managed forests property class;

(b) land that is conservation land for the purposes of paragraph 25 of subsection 3 (1).

(c) Repealed:  2005, c. 28, Sched. A, s. 3.

1997, c. 29, s. 17; 2005, c. 28, Sched. A, s. 3.

Re-assessment, etc.

(5) If land described in subsection (4) ceases to be such land, the assessor shall make any assessment and classification necessary as a result of the land ceasing to be such land and the following apply with respect to that assessment and classification:

1. The assessment and classification shall not affect a taxation year that ends more than four years before the assessment and classification is made.

2. The assessor shall notify the clerk of the municipality and the clerk shall enter the assessment and classification on the tax roll and the taxes that would have been paid for the years affected shall be levied and collected.  1997, c. 29, s. 17; 2002, c. 17, Sched. F, Table.

Changes to next assessment roll

(6) If an assessor makes an assessment or classification under this section, the appropriate changes shall be made on the assessment roll for the next year, even if the day as of which land is valued for the next year is the same as for the current year.  1998, c. 3, s. 7.

Supplementary assessments to be added to tax roll

34. (1) If, after notices of assessment have been given under section 31 and before the last day of the taxation year for which taxes are levied on the assessment referred to in the notices,

(a) an increase in value occurs which results from the erection, alteration, enlargement or improvement of any building, structure, machinery, equipment or fixture or any portion thereof that commences to be used for any purpose;

(b) land or a portion of land ceases,

(i) to be exempt from taxation,

(ii) to be farm lands the current value of which is determined in accordance with subsection 19 (5),

(iii) to be conservation land the current value of which is determined under subsection 19 (5.2),

(iii.1) to be land in the managed forests property class the current value of which is determined under subsection 19 (5.2) or (5.2.1),

(iv) to be land the current value of which is based on current use under regulations made under subsection 19 (2), or

(v) to be classified in a subclass of real property;

(c) Repealed:  1997, c. 5, s. 22 (1).

(d) a pipeline increases in value because it ceases to be entitled to the reduction provided for in subsection 25 (9),

the assessor may make the further assessment that may be necessary to reflect the change, and the clerk of the municipality upon notification thereof shall enter a supplementary assessment on the tax roll and the amount of taxes to be levied thereon shall be the amount of taxes that would have been levied for the portion of the taxation year left remaining after the change occurred if the assessment had been made in the usual way.  R.S.O. 1990, c. A.31, s. 34; 1997, c. 5, s. 22 (1); 1997, c. 29, s. 18 (1); 1998, c. 3, s. 8 (1); 2002, c. 17, Sched. F, Table; 2005, c. 28, Sched. A, s. 4.

Supplementary classification

(2) If, during the taxation year or the period after June 30 in the preceding taxation year, a change event, within the meaning of subsection (2.2), occurs that would change the class of real property that a parcel of land or a part of such a parcel is in, the assessor may change the classification accordingly, including any subclass, and the clerk of the municipality, upon notification of that change, shall enter it on the tax roll and the tax levied for the taxation year shall be determined in accordance with the new classification.  1998, c. 3, s. 8 (2); 2002, c. 17, Sched. F, Table; 2004, c. 31, Sched. 3, s. 11.

Limitations

(2.1) The following apply with respect to subsection (2):

1. Subsection (2) does not affect the tax levied for the taxation year in respect of a part of the taxation year preceding the change event.

2. Paragraph 1 does not apply to a change event described in clause (c) of the definition of “change event” in subsection (2.2).

3. Repealed:  2000, c. 25, s. 9.

1998, c. 3, s. 8 (2); 2000, c. 25, s. 9.

“change event”

(2.2) For the purposes of subsections (2) and (2.1),

“change event” includes,

(a) a change in the use of all or part of the parcel of land,

(b) an act or omission that results in all or part of the parcel of land ceasing to be in a class of real property, and

(c) the opting, by a council of a municipality, including an upper-tier municipality, to have a class of real property apply or cease to apply within the municipality.  1998, c. 3, s. 8 (2); 2002, c. 17, Sched. F, Table.

1998, municipal option exercised in 1999

(2.3) Subsection (2) applies with respect to a change event described in clause (c) of the definition of “change event” in subsection (2.2) that occurs in 1999 but that relates to 1998 if the Minister extended the deadline for that change event under clause 2 (3.2) (a) and the change event occurs before the deadline.  1998, c. 33, s. 6.

Re-classification

(3) If subclause (1) (b) (ii) or (v) apply with respect to land or a portion of land, the assessor, in addition to making a further assessment, may also change the classification of the land.  1997, c. 29, s. 18 (2).

Changes to next assessment roll

(4) If an assessor makes an assessment or classification under this section, or could have done so but did not, the appropriate changes shall be made on the assessment roll for the next year, even if the day as of which land is valued for the next year is the same as for the current year.  1998, c. 3, s. 8 (3).

Notice of corrections, etc.

35. (1) The person against whom land is assessed shall be notified by mail if any of the following occur:

1. The assessment of the land is corrected under section 32.

2. The land is assessed or classified under section 33 or 34.  1997, c. 29, s. 19.

Notice to tenants

(2) A person who receives notice under subsection (1) shall, within 14 days after receiving the notice, give a copy of the notice to each tenant who, under the tenant’s lease, is required to pay or reimburse the landlord for all or part of the taxes on the land.  1997, c. 29, s. 19.

Last day for complaining

(2.1) The last day for a person who is entitled to notice under subsection (1) or (2) to complain under section 40 is the day that is 90 days after the notice required under subsection (1) is mailed.  1997, c. 29, s. 19.

Distribution

(3) When the tax roll is altered pursuant to section 33 or 34 and taxes are levied thereon,

(a) the amount thereof that, if the taxes had been levied in the usual way, would have been paid to any body for which the council is required by law to levy rates or raise money shall be set up in the accounts of the municipality as a credit accruing to that body in the same proportion as the levy for that body bears to the total levy;

(b) the amount credited to a body under clause (a) shall be paid to the body not later than the 31st day of December in the year in which it was levied;

(b.1) except where the body under clause (a) is a school board, the amount credited to a body under clause (a) shall be used by the body to reduce the levy in the next succeeding year;

(b.2) if the amount or any portion thereof credited to a body other than a school board is not paid over to the body on or before the 31st day of December in the year in which it was levied, the municipality so in default shall, if demanded by the body, pay interest thereon to the body at the rate of 6 per cent per annum or such higher rate as may from time to time be prescribed by the Lieutenant Governor in Council by regulation for the purpose of this clause from the date until payment is made;

(b.3) if the amount or any portion thereof credited to a school board is not paid over to the school board on or before the 31st day of December in the year in which it was levied, the municipality so in default shall, if demanded by the Minister of Finance, pay interest thereon to the board at the rate of 6 per cent per annum or such higher rate as may from time to time be prescribed by the Lieutenant Governor in Council by regulation for the purpose of this clause from the date until payment is made;

(c) the balance remaining after the setting up of all credits as provided in clause (a) shall be taken into the general funds of the municipality;

(d) Repealed:  1997, c. 31, s. 143 (14).

(e) the treasurer shall deliver to each of the bodies entitled to a credit under clause (a) and, where the body is a school board, to the Minister of Education and Training, on or before the 31st day of December in the year in which the taxes were levied, a statement sufficient to permit the correctness of the credit to be determined.  R.S.O. 1990, c. A.31, s. 35 (3); 1997, c. 31, s. 143 (13-15); 2002, c. 17, Sched. F, Table.

Tenant’s notice, clarification

(4) For greater certainty, a notice given to a tenant under subsection (2) is not a notice of assessment and the tenant may not make a request for reconsideration under section 39.1.  1998, c. 3, s. 9.

1998 taxation year, last day for complaining

(5) The following apply with respect to the 1998 taxation year:

1. Despite subsection (2.1), the last day for a person who is entitled to notice under subsection (1) or (2) to complain under section 40 is the later of,

i. the day that is 90 days after the notice required under subsection (1) is mailed, and

ii. December 31, 1998.

2. Paragraph 1 applies with respect to a complaint even if the complaint was delivered or mailed to the Assessment Review Board before paragraph 1 came into force.  1998, c. 33, s. 7.

Time for yearly assessment and return of roll

36. (1) Except as provided in section 33 or 34, in every municipality the assessment shall be made annually commencing in the year 1974 and at any time between January 1 and the second Tuesday following December 1, and the assessment roll of the municipality shall be returned to the clerk not later than the second Tuesday following December 1 in the year in which the assessment is made.  2004, c. 7, s. 5.

Extension of time for return of roll

(2) Where in any year it appears that the assessment roll of a municipality or the assessment roll of an area within a municipality will not be or has not been returned to the clerk of the municipality as provided in subsection (1), the assessment corporation may extend the time for the return of the assessment roll for the period that appears necessary.  R.S.O. 1990, c. A.31, s. 36 (2); 1997, c. 43, Sched. G, s. 18 (25).

Notice of extension

(3) If the assessment corporation extends the time for the return of the assessment roll, the corporation shall ensure that a notice of the extension is published in a daily or weekly newspaper that, in its opinion, has such circulation within the municipality as to provide reasonable notice to persons affected by the extension.  The notice must state the date on which the roll will be returned and the final date for making a complaint to the Assessment Review Board.  1997, c. 43, Sched. G, s. 18 (26).

Time for disposing of appeals

(4) As soon as practicable after the return of the assessment roll in a municipality, the Assessment Review Board shall hear and dispose of all appeals of assessments for the year for which the roll is returned, and when the appeals have been disposed of by the Assessment Review Board, the registrar of the Assessment Review Board shall certify the assessment roll to be the last revised assessment roll of the municipality for the year for which the assessments thereon are made.  R.S.O. 1990, c. A.31, s. 36 (4); 1997, c. 23, s. 1 (1).

Note: Effective December 1, 1997, the application of section 36, with respect to the 1998 taxation year, is varied as follows:

1. The assessment roll of a municipality shall be returned to the clerk of the municipality under subsection 36 (1) not later than April 30, 1998.

2. Subsection 36 (2), authorizing the Minister of Finance to extend the time for the return of an assessment roll under subsection 36 (1), applies with respect to paragraph 1.

See: 1997, c. 5, s. 79.

Assessment rolls to upper-tiers

36.1 (1) The assessment corporation shall, at the request of an upper-tier municipality, provide the municipality with the last returned assessment rolls for the municipalities that are part of the upper-tier municipality for municipal purposes.  1997, c. 5, s. 24; 1997, c. 43, Sched. G, s. 18 (27).

(2) Repealed:  2002, c. 17, Sched. F, Table.

Last revised assessment roll

37. (1) The yearly assessment roll of a municipality last returned to the clerk, when corrected and revised by the Assessment Review Board and certified by the registrar, is for all purposes the last revised assessment roll of the municipality.  R.S.O. 1990, c. A.31, s. 37 (1); 1997, c. 23, s. 1 (1).

Last revised assessment roll where no appeals made

(2) Where in a municipality no appeals are made to the Assessment Review Board and the time for appealing has elapsed, the assessment roll shall be presented by the clerk to the registrar and if he or she is satisfied that there have been no such appeals he or she shall certify the roll and the roll, as so certified, is for all purposes the last revised assessment roll of the municipality.  R.S.O. 1990, c. A.31, s. 37 (2); 1997, c. 23, s. 1 (1).

Taxation to be levied on last revised assessment roll

(3) In every municipality the rate of taxation for each year shall be fixed and levied on the assessment taken in the preceding year according to the last revised assessment roll thereof.  R.S.O. 1990, c. A.31, s. 37 (3).

Taxation on assessment roll as returned

(4) Despite subsection (3), the council of a municipality may fix and levy the rate of taxation on the assessment taken in the preceding year according to the assessment roll as returned.  R.S.O. 1990, c. A.31, s. 37 (4).

Rights of appeal preserved

(5) Nothing in this section in any way deprives any person of any right of appeal provided for in this Act, which may be exercised and the appeal proceeded with in accordance with this Act, despite the fact that the assessment roll has been certified by the Assessment Review Board and becomes the last revised assessment roll.  R.S.O. 1990, c. A.31, s. 37 (5).

Adjustment of taxes as result of appeal

(6) No assessment shall be increased, reduced or otherwise altered until all complaints, appeals or proceedings concerning the assessment have been finally determined and disposed of, and where the result of the final determination and disposition of the complaints, appeals or proceedings increases, reduces or otherwise alters the assessment, the taxes levied and payable with respect to the assessment shall be adjusted accordingly and any overpayment resulting from the adjustment shall be refunded by the municipality.  R.S.O. 1990, c. A.31, s. 37 (6).

Special Act superseded

(7) Where a special Act conflicts with this section, this section prevails.  R.S.O. 1990, c. A.31, s. 37 (7).

Assessment of annexed areas

38. (1) Where any land is detached from one municipality and annexed to another municipality after the return of the assessment roll of the latter municipality, the council of the latter municipality shall pass a by-law in the year in which taxation is to be levied on that assessment roll adopting the assessments of the lands annexed, as last revised while they were part of the first-mentioned municipality, as the basis of the assessment of the lands for taxation in that year by the municipality to which the lands are annexed.  R.S.O. 1990, c. A.31, s. 38 (1).

Notice of assessment and appeals

(2) The clerk of the municipality, forthwith after the passing of the by-law under subsection (1), shall deliver or send by registered mail to every person assessed in respect of the lands annexed a notice setting out the amount of the assessment, and the same rights in respect of appeal apply as if the assessment had been made in the usual way despite the fact that the person assessed did not appeal, or despite the disposition of any appeal taken, as the case may be, in respect of the assessment while the lands were a part of the municipality from which they became detached.  R.S.O. 1990, c. A.31, s. 38 (2).

Application where annexation order provides for assessment

(3) This section does not apply where an annexation order otherwise provides for the assessment of the lands annexed by the order.  R.S.O. 1990, c. A.31, s. 38 (3).

Delivery of roll to clerk

39. (1) The assessment corporation shall deliver the assessment roll to the clerk of the municipality and shall do so on or before the date fixed for the return of the roll.  1997, c. 43, Sched. G, s. 18 (28).

Inspection by public

(2) Immediately upon receipt of the assessment roll, the clerk shall make it available for inspection by the public during office hours.  1997, c. 43, Sched. G, s. 18 (28).

Reconsideration of assessment

39.1 (1) The owner of a property or a person who has received or would be entitled to receive a notice of assessment under this Act may request the assessment corporation to reconsider the assessment including the classification of the property no later than December 31 of the taxation year in respect of which the request is made.  2000, c. 25, s. 10 (1).

Omitted or supplementary assessment

(1.1) A person who has received a notice of the assessment under section 33 or 34 may request the assessment corporation to reconsider the assessment within 90 days of the mailing date of the notice of the assessment or by December 31 of the year in which the notice of the assessment is mailed, whichever is the later.  2000, c. 25, s. 10 (1).

Contents of request

(2) The request must set out the basis for the person’s request and all relevant facts.  1997, c. 5, s. 25.

Reconsideration by assessment corporation

(3) The assessment corporation or an assessor shall consider the request and, for this purpose, may request further information from the person.  1997, c. 5, s. 25; 1997, c. 43, Sched. G, s. 18 (29).

If no settlement

(4) If the assessment corporation is satisfied that no settlement is possible,

(a) the assessment corporation shall notify the person making the request of that determination before the expiry of the time limit for making a complaint to the Assessment Review Board under subsection 40 (2); or

(b) if it is not practicable for the assessment corporation to notify the person before the time limit referred to in clause (a), the assessment corporation shall notify the person of that determination as soon as is practicable.  1999, c. 9, s. 13 (2).

If settlement, notice to municipality

(5) If the person making the request and the assessment corporation agree to a settlement, the assessment corporation shall give notice of the settlement to the municipality.  1997, c. 5, s. 25; 1997, c. 43, Sched. G, s. 18 (29); 2000, c. 25, s. 10 (2).

Municipality to change tax roll

(6) On receipt of a notice under subsection (5), the clerk of the municipality shall amend the tax roll in accordance with the settlement and taxes shall be levied in accordance with the amended assessment.  2000, c. 25, s. 10 (3); 2002, c. 17, Sched. F, Table.

(7) Repealed:  2000, c. 25, s. 10 (3).

Objection by municipality

(8) If the municipality objects to the settlement, it shall complain to the Assessment Review Board within 90 days after receiving the notice under subsection (5), and section 40 applies, with necessary modifications, as though the assessment roll had been changed in accordance with the settlement and the municipality had complained about the change.  2000, c. 25, s. 10 (4).

When change may be made

(8.1) For the purposes of subsections (6) and (8), a change to be made to the tax roll may be made at any time in the year in respect of which a request is made or in the following year.  2000, c. 25, s. 10 (5); 2002, c. 17, Sched. F, Table.

No extension of time limit for complaints

(9) The time limit under subsection 40 (2) for making a complaint to the Assessment Review Board is not affected by a failure of the assessment corporation or an assessor to notify a person under subsection (4), within the time limit for making a complaint, that no settlement is possible.  1997, c. 5, s. 25; 1997, c. 43, Sched. G, s. 18 (29).

Rights of way

(10) With respect to land referred to in subsection 3 (4), the only matter a person may request the assessment corporation to reconsider under this section is the number of acres or other measure showing the extent of the land.  1997, c. 29, s. 20; 1997, c. 43, Sched. G, s. 18 (29).

Complaint to Assessment Review Board

40. (1) Any person, including a municipality or a school board, may complain in writing to the Assessment Review Board that,

(a) the current value of the person’s land or another person’s land is incorrect;

(b) the person or another person was wrongly placed on or omitted from the assessment roll;

(c) the person or another person was wrongly placed on or omitted from the roll in respect of school support;

(d) the classification of the person’s land or another person’s land is incorrect;

(e) for land, portions of which are in different classes of real property, the determination of the share of the value of the land that is attributable to each class is incorrect.  1997, c. 5, s. 26 (1).

Complaint requirements, fee

(2) A complaint shall be delivered or mailed to the Assessment Review Board on or before the last day for complaining under subsections (2.1) and (2.2), shall state a name and address where notices can be given to the complainant and shall be accompanied by any fee required by the Board.  1997, c. 5, s. 26 (1).

Last day for complaining

(2.1) The last day for complaining with respect to a taxation year is March 31 following the return of the assessment roll for the taxation year.  1997, c. 5, s. 26 (1).

Exception, if time for returning roll is extended

(2.2) If the assessment corporation extends the time for returning the assessment roll for a taxation year, the last day for complaining is the day that is 90 days after the return of the assessment roll.  1997, c. 5, s. 26 (1); 1997, c. 43, Sched. G, s. 18 (30).

Where complaint concerns another person

(3) Where the complaint concerns the assessment of another person,

(a) the complaint shall state a name and address where notices can be given to the person; and

(b) the complainant shall deliver or mail a copy of the complaint to the person within the time limited by subsection (2).  R.S.O. 1990, c. A.31, s. 40 (3).

(3.1) Repealed:  1997, c. 5, s. 26 (2).

(3.2) Repealed:  1997, c. 5, s. 26 (2).

(3.3) Repealed:  1997, c. 5, s. 26 (2).

(3.4) Repealed:  1997, c. 5, s. 26 (2).

(3.5) Repealed:  1997, c. 5, s. 26 (2).

Copy to assessment corporation

(4) When the Assessment Review Board receives a complaint, it shall forthwith transmit a copy to the assessment corporation.  1997, c. 23, s. 1 (3); 1997, c. 43, Sched. G, s. 18 (30).

Parties

(5) The parties to the proceeding are the assessment corporation, the municipality, all persons complaining and all persons whose assessment is complained of.  1997, c. 23, s. 1 (3); 1997, c. 43, Sched. G, s. 18 (30).

Notice of hearing

(6) The Assessment Review Board shall give the parties notice of any hearing at least 14 days before the date fixed for the hearing.  1997, c. 23, s. 1 (3).

Adding party

(7) If, before or during the hearing, it appears that another person should be a party to the proceeding, the Board shall add the person as a party; if the hearing has already begun, the Board shall adjourn it if necessary and give the person notice of the hearing.  1997, c. 23, s. 1 (3).

Preliminary explanation

(8) Where value is a ground of complaint that is proceeded with, at the commencement of the hearing the assessor shall explain the manner in which the assessment was arrived at and the complainant shall explain the nature of the complaint.  R.S.O. 1990, c. A.31, s. 40 (8).

Time for determination of school support

(9) Liability in respect of public or separate school support shall be determined in accordance with the circumstances existing at the time the complaint was made.  R.S.O. 1990, c. A.31, s. 40 (9).

(10) Repealed:  1997, c. 23, s. 1 (3).

Board to make determination

(11) After hearing the evidence and the submissions of the parties, the Board shall determine the matter and, in complaints involving current value, shall determine the amount of the assessment as necessary to reflect corrections to the current value.  1997, c. 5, s. 26 (3).

Alteration of roll by clerk

(12) The Board shall forward its decision to the clerk of each municipality, and the clerk shall forthwith,

(a) alter the assessment roll in accordance with the decisions of the Board from which no appeal is taken and shall write his or her name or initials against every alteration, and shall complete the roll by totalling the amounts of the assessments therein and inserting the total; or

(b) where data processing equipment is used and as an alternative to complying with clause (a), cause to be prepared a new assessment roll which shall include all changes that have been made by the Board and from which no appeal is taken and shall initial each entry so changed and shall complete the roll by totalling the amounts of the assessments therein and inserting each total.  R.S.O. 1990, c. A.31, s. 40 (12); 1997, c. 23, s. 1 (4).

Power to determine law and fact

(13) The Assessment Review Board, as to all matters within its jurisdiction under this section, has authority to hear and determine all questions of law or of fact and a decision of the Board under this section is final and binding unless it is appealed under section 43.1.  1997, c. 5, s. 26 (4).

Rights of way

(13.1) With respect to land referred to in subsection 3 (4), the only matter a person may complain about to the Assessment Review Board under this section is that the number of acres or other measure showing the extent of the land is incorrect.  1997, c. 29, s. 21 (1).

Deemed complaints, 1998, etc.

(14) If a complaint relates to the 1998 taxation year, the complainant shall be deemed to have made the same complaint,

(a) in relation to assessments under sections 33 and 34 for the 1998 taxation year;

(b) in relation to the assessment, including assessments under sections 33 and 34, for the 1999 taxation year if the complaint is not finally disposed of before the last day for complaining with respect to that taxation year; and

(c) in relation to the assessment, including assessments under sections 33 and 34, for the 2000 taxation year if the complaint is not finally disposed of before the last day for complaining with respect to that taxation year.  1997, c. 5, s. 26 (4).

Deemed complaints, 1999, etc.

(14.1) If a complaint relates to the 1999 taxation year and subsection (14) does not apply, the complainant shall be deemed to have made the same complaint,

(a) in relation to assessments under sections 33 and 34 for the 1999 taxation year; and

(b) in relation to the assessment, including assessments under sections 33 and 34, for the 2000 taxation year if the complaint is not finally disposed of before the last day for complaining with respect to that taxation year.  1999, c. 9, s. 14.

Deemed complaints, 2001, etc.

(15) If a complaint relates to the 2001 taxation year, the complainant shall be deemed to have made the same complaint,

(a) in relation to assessments under sections 33 and 34 for the 2001 taxation year; and

(b) in relation to the assessment, including assessments under sections 33 and 34, for the 2002 taxation year if the complaint is not finally disposed of before the last day for complaining with respect to that taxation year.  1997, c. 5, s. 26 (4).

Deemed complaints, 2004, etc.

(15.1) If a complaint relates to the 2004 taxation year, the complainant shall be deemed to have made the same complaint,

(a) in relation to assessments under sections 33 and 34 for the 2004 taxation year; and

(b) in relation to the assessment, including assessments under sections 33 and 34, for the 2005 taxation year if the complaint is not finally disposed of before the last day for complaining with respect to the 2005 taxation year.  2004, c. 7, s. 6.

Deemed complaints, notice requirement

(16) If the complaint concerns the assessment of another person, the complainant is required to comply with subsection (3) only at the time of making the original complaint, not each time the complaint is deemed to be made again.  1997, c. 5, s. 26 (4).

Change of ownership

(16.1) For the purposes of subsections (14), (14.1) and (15), if a complaint is made in respect of a property, the complainant is the owner of the property and there is a change of ownership before the complaint for the year is finally disposed of, the reference to the complainant in the subsection shall be deemed to be a reference to the owner of the property at the relevant time.  1999, c. 9, s. 14.

1998 taxation year, last day for complaining

(17) The following apply with respect to the 1998 taxation year:

1. Despite subsections (2.1) and (2.2), the last day for complaining is December 31, 1998.

2. Paragraph 1 applies with respect to a complaint even if the complaint was delivered or mailed to the Assessment Review Board before paragraph 1 came into force.  1998, c. 33, s. 8 (1).

Conflict with section 35

(18) If, in respect of a property, this section and section 35 provide for different last days for complaining under this section, the last day for complaining under this section is the later of them.  1998, c. 33, s. 8 (2).

Note: This Act, as it appeared immediately before December 1, 1997, continues to apply with respect to a complaint under section 40 relating to the 1997 taxation year or an earlier year. Unless the hearing by the Assessment Review Board is completed before January 1, 1998 (whether or not a decision is made before that date), the following modifications apply, on and after January 1, 1998, with respect to such a complaint:

1. Subsection 40 (3.1) does not apply to deem a complaint to be made with respect to the 1998 taxation year or a subsequent year.

2. Subsection 40 (13), as enacted by 1997, chapter 5, section 26, applies.

3. Section 43, as it appears immediately before December 1, 1997, does not apply.

4. Sections 43 and 43.1, as enacted by 1997, chapter 5, section 28, apply.

See: 1997, c. 5, s. 80.

Correction of errors

40.1 If it appears that there are palpable errors in the assessment roll,

(a) if no alteration of assessed values or classification of land is involved, the Board may correct the roll; and

(b) if alteration of assessed values or classification of land is involved, the Board may extend the time for making complaints and direct the assessor to be the complainant.  1997, c. 5, s. 27 (1).

Roll to be binding notwithstanding errors in it or in notice sent to persons assessed

41. The roll as finally revised by the Assessment Review Board and certified by the registrar shall, subject to subsections 37 (5) and (6), be valid and bind all parties concerned, despite any defect or error committed in or with regard to the roll, or any defect, error or misstatement in the notice required by section 31 or the omission to deliver or transmit the notice, provided that the provisions of this section in so far as they relate to the omission to deliver or transmit the notice do not apply to any person who has given the assessment commissioner the notice provided for in subsection 31 (4).  R.S.O. 1990, c. A.31, s. 41; 1997, c. 23, s. 1 (1).

Copy of roll duly certified to be evidence

42. A copy of any assessment roll, or portion of any assessment roll, written or printed, and certified to be a true copy by the clerk of the municipality, shall be received into evidence as proof of the assessment roll, or part of it, in the absence of evidence to the contrary in any court or tribunal without proof of the signature or the production of the original assessment roll of which the certified copy purports to be a copy, or a part thereof.  R.S.O. 1990, c. A.31, s. 42; 1993, c. 27, Sched.

Stating case for opinion of Divisional Court

43. (1) The Assessment Review Board may, upon the application of any person, or on its own motion, and upon such security being given as it directs, state a case in writing for the opinion of the Divisional Court upon any question that, in the opinion of the Board, is a question of law.  1997, c. 5, s. 28.

Same

(2) The Divisional Court shall hear and determine the stated case.  1997, c. 5, s. 28.

Appeal

43.1 (1) An appeal lies from the Assessment Review Board to the Divisional Court, with leave of the Divisional Court, on a question of law.  1997, c. 5, s. 28.

Time for appeal

(2) An application for leave to appeal under this section shall be made within 30 days of the mailing of the decision of the Assessment Review Board.  1999, c. 9, s. 15.

Assessment may be open upon appeal

44. (1) Upon an appeal on any ground against an assessment, the Assessment Review Board or court, as the case may be, may reopen the whole question of the assessment so that omissions from, or errors in the assessment roll may be corrected, and the amount for which the assessment should be made, and the person or persons who should be assessed therefor may be placed upon the roll, and if necessary the roll of the municipality, even if returned as finally revised, may be opened so as to make it correct in accordance with the findings made on appeal.  R.S.O. 1990, c. A.31, s. 44 (1); 1997, c. 5, s. 29 (1).

Reference to similar lands in vicinity

(2) In determining the value at which any land shall be assessed, reference shall be had to the value at which similar lands in the vicinity are assessed.  R.S.O. 1990, c. A.31, s. 44 (2); 1997, c. 5, s. 29 (2).

Powers and functions of Assessment Review Board

45. (1) Upon a complaint or appeal with respect to an assessment, the Assessment Review Board may review the assessment and, for the purpose of the review, has all the powers and functions of the assessor in making an assessment, determination or decision under this Act, and any assessment, determination or decision made on review by the Assessment Review Board shall, except as provided in subsection (2), be deemed to be an assessment, determination or decision of the assessor and has the same force and effect.  R.S.O. 1990, c. A.31, s. 45 (1); 1997, c. 5, s. 30 (1).

(2) Repealed:  1997, c. 5, s. 30 (2).

(3) Repealed:  1997, c. 5, s. 30 (2).

Application to court

46. (1) The municipality, assessment corporation or any person assessed may apply to the Superior Court of Justice for the determination of any matter relating to the assessment, except a matter that could be the subject of a complaint under subsection 40 (1) or a determination that lands are conservation lands for the purposes of paragraph 25 of subsection 3 (1).  1997, c. 5, s. 31 (1); 1997, c. 43, Sched. G, s. 18 (31); 2001, c. 23, s. 3 (1).

Service of notice

(2) The persons to be served with notice under this section shall be the persons assessed in respect of the property relating to the assessment, the assessment corporation and the clerk of the municipality affected by the assessment.  R.S.O. 1990, c. A.31, s. 46 (2); 1997, c. 43, Sched. G, s. 18 (32).

(3) Repealed:  1997, c. 5, s. 31 (2).

Appeal to Divisional Court

(4) An appeal lies to the Divisional Court from the judgment of the Superior Court of Justice.  R.S.O. 1990, c. A.31, s. 46 (4); 2001, c. 23, s. 3 (2).

Final revision of roll not to be delayed

(5) The appeal from any judgment given by the Superior Court of Justice on an application given under this section or the hearing or argument or other procedures on the appeal shall not delay the final revision of the assessment roll, but when the appeal is finally determined and disposed of, the clerk of the municipality shall cause the proper entries to be made in the assessment roll to give effect to the final determination and disposition.  R.S.O. 1990, c. A.31, s. 46 (5); 2001, c. 23, s. 3 (3).

Judgment of court binding on Assessment Review Board

(6) Despite the fact that a question of the assessment of any person is pending before the Assessment Review Board, the judgment of the Superior Court of Justice or the Divisional Court shall be given effect to and is binding upon the Board.  1997, c. 5, s. 31 (3); 2001, c. 23, s. 3 (4).

Limitation on court’s order

(7) No order of a court on an application under this section shall alter an assessment or classification so as to alter taxes for a taxation year before the year in which the application was made.  1997, c. 5, s. 31 (4).

Omitted or supplementary assessments

(8) Despite subsection (7), an order of the court on an application under this section in respect of an assessment under section 33 or 34 shall apply in respect of all taxes levied pursuant to the assessment if the application is made in the year in which the assessment is made or in the immediately following year.  2000, c. 25, s. 11.

Application

(9) Subsection (8) applies to an order of the court made on or after that subsection came into force.  2000, c. 25, s. 11.

Extension of time

47. If, under this Act, the time for doing an act expires on a holiday, as defined in the Rules of Civil Procedure prescribed under the Courts of Justice Act, the act may be done on the next day that is not a holiday.  2000, c. 25, s. 12.

Alteration of roll as result of judgment

48. Where any part of an assessment is declared invalid or in error by the Superior Court of Justice, the whole assessment is not thereby invalidated and the court may direct that the assessment roll be altered in accordance with its judgment and the clerk of the municipality concerned shall, where the judgment is not appealed, so alter the roll and shall write his or her name or initials against every alteration.  R.S.O. 1990, c. A.31, s. 48; 2001, c. 23, s. 4.

Defence limited in actions to collect taxes, etc.

49. No matter that could have been raised by way of complaint to the Assessment Review Board or in a proceeding with respect to an assessment in a court within the times limited for bringing the complaint or proceeding under this Act shall be raised by way of defence in any proceeding brought by or on behalf of a municipality.  R.S.O. 1990, c. A.31, s. 49.

50.Repealed:  1997, c. 5, s. 33.

51.Repealed:  1997, c. 5, s. 34.

52.Repealed:  1997, c. 5, s. 35.

Disclosure of information

53. (1) Every person employed by the assessment corporation, a municipality or a school board who in the course of the person’s duties acquires or has access to actual income and expense information on individual properties, and who wilfully discloses or permits to be disclosed any such information to any other person not likewise entitled in the course of the person’s duties to acquire or have access to the information, is guilty of an offence and on conviction is liable to a fine of not more than $2,000, or to imprisonment for a term of not more than six months, or to both.  1996, c. 4, s. 43; 1997, c. 43, Sched. G, s. 18 (33).

Exception

(2) This section does not prevent disclosure of that information,

(a) to the assessment corporation or any authorized employee of the corporation; or

(b) by any person being examined as a witness in an assessment appeal or in a proceeding in court involving an assessment matter.  1996, c. 4, s. 43; 1997, c. 43, Sched. G, s. 18 (34).

Information

(3) Subject to subsection (1), the assessment corporation shall make available to all municipalities and school boards information sufficient to meet their planning requirements.  2000, c. 25, s. 13.

Purpose

(4) The information provided under subsection (3) shall not be used by the municipalities or school boards for any other purpose.  1996, c. 4, s. 43.

Information for tenants

(4.1) Upon request, a tenant is entitled to receive the information maintained by the assessment corporation in respect of a property, or the portion of a property, leased by the tenant and to receive any other information about the property; the tenant is not entitled to receive the information referred to in subsection (1).  1997, c. 43, Sched. G, s. 18 (35).

Disclosure

(5) Subject to subsection (1) and to any requirement of the Assessment Review Board concerning the disclosure of evidence, the assessment corporation may disclose any information acquired by it and may do so on such terms as it determines.  1997, c. 43, Sched. G, s. 18 (36).

Right of action for damages against officer

54. In addition to the penalties and punishments provided for by this Act for a contravention of the provisions thereof, the person guilty of the contravention is liable to every person who is thereby injured for the damages sustained by the person by reason of the contravention.  R.S.O. 1990, c. A.31, s. 54.

By-laws and agreements fixing assessment or granting exemption from taxation not affected

55. This Act does not affect the terms of any agreement made with a municipal corporation, or any by-law heretofore or hereafter passed by a municipal council under any other Act for fixing the assessment of any property, or for commuting or otherwise relating to municipal taxation, but whenever in any Act of the Legislature or by any proclamation of the Lieutenant Governor in Council or by any valid by-law of a municipality heretofore passed or by any valid agreement heretofore entered into the assessment of the real and personal property of any person in a municipality is fixed at a certain amount for a period of years, unexpired at the time of the coming into force of this Act, or the taxes payable annually by any person in respect of the real and personal property are fixed at a stated amount during any such period, or the real and personal property of any person or any part thereof is exempt from municipal taxation in whole or in part for any such period, the fixed assessment or commutation of taxes or exemption shall be deemed to include any other assessment and any taxes thereon in respect of the property or business mentioned in such Act, proclamation, by-law or agreement to which the person or the property of the person would otherwise be liable under this Act.  R.S.O. 1990, c. A.31, s. 55; 1997, c. 5, s. 37.

Computation of time for proceedings where time limited expires on Saturday

56. Where the municipal offices in a municipality are closed on Saturday and the time limited for any proceeding or for the doing of any things in the municipal offices under this Act expires or falls upon a Saturday, the time so limited shall extend to and the thing may be done on the day next following that is not a holiday.  R.S.O. 1990, c. A.31, s. 56.

References to court of revision in other Acts

57. (1) Where in any general or special Act, except the Drainage Act, reference is made to a court of revision, the reference shall be deemed to be a reference to the Assessment Review Board established under this Act.  R.S.O. 1990, c. A.31, s. 57 (1); 2002, c. 17, Sched. F, Table.

Provisions authorizing courts of revision in other Acts repealed

(2) Despite any general or special Act, any provision in any Act, except the Drainage Act, as to the constitution of a court of revision is repealed.  R.S.O. 1990, c. A.31, s. 57 (2); 2002, c. 17, Sched. F, Table.

58.Repealed:  1997, c. 5, s. 38.

59.Repealed:  1997, c. 5, s. 38.

60.Repealed:  1997, c. 5, s. 38.

61.Repealed:  1997, c. 5, s. 38.

62.Repealed:  1997, c. 5, s. 38.

63.Repealed:  1997, c. 5, s. 38.

Schedule  Repealed1997, c. 5, s. 39.

Form  Repealed:  1997, c. 43, Sched. G, s. 18 (37).

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