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O. Reg. 359/00: PAYMENTS IN LIEU OF TAXES, DISTRIBUTION

filed June 21, 2000 under Municipal Act, R.S.O. 1990, c. M.45

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ONTARIO REGULATION 359/00

made under the

Municipal Act

Made: June 21, 2000
Filed: June 21, 2000

Amending O. Reg. 382/98

(Payments in Lieu of Taxes, Distribution)

Note: Since the end of 1998, Ontario Regulation 382/98 has been amended by Ontario Regulations 206/99 and 630/99.  Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. Subsection 2 (4) of Ontario Regulation 382/98 is amended by striking out the portion before paragraph 1 and substituting the following:

(4) The payment in lieu of taxes referred to in subsection (3) is a payment in lieu of taxes,

(a) paid by a designated electricity utility within the meaning of section 19.0.1 of the Assessment Act or by a corporation referred to in clause (d) of the definition of “municipal electricity utility” in Part VI of the Electricity Act, 1998; or

(b) under any of the following:

. . . . .

2. Section 7 of the Regulation is amended by adding the following subsection:

(2) Despite section 2, payments in lieu of taxes based on the tax rates set out in Ontario Regulation 387/98 shall be shared by the local municipality in accordance with the formula set out in subsection 368.3 (3) of the Act.

3. This Regulation applies with respect to the 2000 and subsequent taxation years.

4. Despite section 3, if, in 1999, a lower–tier municipality specified in Table 1 of Ontario Regulation 382/98 paid to any school board an amount calculated pursuant to section 6 of that Regulation, as it read prior to its revocation by section 1 of Ontario Regulation 630/99, the lower–tier municipality may,

(a) recalculate the amount payable to the school board for 1999 pursuant to section 6 of Ontario Regulation 382/98, as remade by section 1 of Ontario Regulation 630/99; and

(b) if the recalculated amount is less than the amount paid to the school board in 1999, retain the difference from amounts otherwise payable to that school board in 2000 or in any subsequent year.

Ernie Eves

Minister of Finance

Dated on June 21, 2000.