O. Reg. 63/17: TRADITIONAL MUNICIPAL TAXES, LIMITS AND COLLECTION

 

ontario regulation 63/17

made under the

City of Toronto Act, 2006

Made: March 9, 2017
Filed: March 9, 2017
Published on e-Laws: March 10, 2017
Printed in The Ontario Gazette: March 25, 2017

Amending O. Reg. 121/07

(TRADITIONAL MUNICIPAL TAXES, LIMITS AND COLLECTION)

1. Section 3 of Ontario Regulation 121/07 is amended by adding the following subsection:

(5) Subsection (4) does not apply to the multi-residential property class.

2. Paragraph 1 of section 4 of the Regulation is amended by striking out “2.74” at the end and substituting “2.00”.

3. Paragraph 1 of subsection 7 (1) of the Regulation is amended by striking out “subsection 19 (4)” at the end and substituting “subsection 19 (5)”.

4. The Regulation is amended by adding the following section immediately before the heading “Property Exempt from Part XII of the Act”:

Graduated Tax Rates (Subsection 279 (1) of the Act)

Landfill property class

7.0.1 The landfill property class is prescribed for the purposes of clause 279 (1) (a) of the Act.

5. The heading immediately preceding section 7.1 of the Regulation is revoked and the following substituted:

Application of Part XII of the Act And Phasing Out of the Part

6. (1) Paragraphs 3, 4, 5 and 6 of subsection 19 (1) of the Regulation are revoked and the following substituted:

3. Determine the total weighted assessment for the City by adding the weighted assessment for the taxation year, as determined under subsection (5), for each property class to which the levy applied.

4. For each levy, determine the residential rate to raise the previous year’s levy by dividing the previous year’s levy amount, referred to in paragraph 1, by the total weighted assessment determined under paragraph 3.

5. For each levy, determine a class rate to raise the previous year’s levy for each property class for the taxation year by multiplying the residential rate to raise the previous year’s levy, as determined under paragraph 4, by the tax ratio for the property class for the taxation year.

6. For each property class, the notional tax rate to raise the previous year’s levies is the sum of the class rates to raise the previous year’s levy, as determined under paragraph 5, for the property class and the tax rate for the taxation year for school purposes.

(2) Subsection 19 (4) of the Regulation is revoked and the following substituted:

(4) Subject to subsection (4.1), the City may pass a by-law in a year opting to have subsections (4.2) to (4.4) apply for the year.

(4.1) Before passing a by-law under subsection (4), the City shall send a copy of its projected calculations for the year under subsections (4.2) to (4.4) to the Minister of Finance.

(4.2) If the City has passed a by-law under subsection (4), the City shall adjust the total assessment for property in a property class in the City, as determined under subsection (3), so that the total assessment for property in a property class in the City excludes changes to the tax roll for the previous year resulting from one or more of the following events, except as provided by subsection (4.3):

1. A correction under subsection 32 (1.1) of the Assessment Act.

2. An assessment under subsection 32 (4) of the Assessment Act.

3. A reconsideration under section 39.1 of the Assessment Act.

4. An appeal under section 40 of the Assessment Act.

5. An application under section 46 of the Assessment Act.

(4.3) Subject to subsection (4.4), if an event listed in paragraphs 3 to 5 of subsection (4.2) changes the assessed value of a property because of one of the following types of changes, the change to the assessed value of the property shall, despite subsection (4.2), be included in the total assessment for property in the property class:

1. A change with respect to which an additional assessment of land is made under section 33 or 34 of the Assessment Act.

2. A change to the state or condition of land that results in the assessment made under section 36 of the Assessment Act for the taxation year differing from the assessment for the previous taxation year.

3. A change in the classification of land, except under section 30, 34 or 38 of Ontario Regulation 282/98 (General) under the Assessment Act.

4. A change in the status of land from taxable to tax-exempt or vice-versa.

5. A change in the valuation approach with respect to whether land is eligible for assessment under section 19.0.1 of the Assessment Act.

(4.4) A change to the assessed value of a property referred to in subsection (4.3) shall be excluded from the total assessment for property in the property class if the current value of the property for the taxation year immediately preceding the first year to which the most recent general reassessment applied is also changed under section 39.1, 40 or 46 of the Assessment Act.

(3) Subsection 19 (5) of the Regulation is amended by striking out “For the purposes of paragraph 2 of subsection (1)” at the beginning and substituting “For the purposes of paragraph 3 of subsection (1)”.

7. The heading immediately preceding section 29 of the Regulation is revoked and the following substituted:

City Capping Option (Subsection 292 (1) of the Act)

8. (1) Subsection 29 (1) of the Regulation is amended by striking out “for the purposes of the 2008 or a subsequent taxation year” in the portion before paragraph 1.

(2) Subsection 29 (1.1) of the Regulation is amended by striking out “For 2016 and subsequent taxation years” at the beginning.

(3) Subsection 29 (2) of the Regulation is amended by striking out “for the purposes of the 2007 taxation year” in the portion before paragraph 1.

9. Section 29.1 of the Regulation is amended by striking out “For 2016 and subsequent taxation years” at the beginning.

10. Subsection 35 (4) of the Regulation is revoked.

11. Paragraph 2 of subsection 37 (1) of the Regulation is amended by striking out “subsection 278 (4)” and substituting “subsection 278 (1.1)”.

Commencement

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

Made by:

Charles Sousa

Minister of Finance

Date made: March 9, 2017