O. Reg. 257/14: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r14257
Published: 2014-12-11

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ontario regulation 257/14

made under the

Assessment Act

Made: December 8, 2014
Filed: December 11, 2014
Published on e-Laws: December 12, 2014
Printed in The Ontario Gazette: December 27, 2014


Amending O. Reg. 282/98

(GENERAL)

1. Paragraph 4 of subsection 6 (2) of Ontario Regulation 282/98 is revoked.

2. Paragraph 3 of subsection 14 (2) of the Regulation is revoked.

3. The Regulation is amended by adding the following sections:

Grain Elevators

17.1 (1) For the 2014 and subsequent taxation years, the rules set out in this section and sections 17.2 and 17.3 apply with respect to grain elevators.

(2) In this section and sections 17.2 and 17.3,

“grain elevator” means an elevator used to receive, store, clean, treat or transfer feed for livestock or grain.

17.2 (1) Subject to subsections (2), (3), (4) and (6), a grain elevator is included in the commercial property class.

(2) A grain elevator is included in the farm property class if the following conditions are satisfied:

1. The grain elevator is located on land that is in the farm property class.

2. The grain elevator is used exclusively by the farmer who owns or leases the land on which the elevator is located to receive, store, clean, treat or transfer feed for livestock or grain that is owned by the farmer.

(3) A grain elevator is included in the residential property class if the following conditions are satisfied:

1. The grain elevator is located on land to which subsection 19 (5) of the Act applies but that is not in the farm property class.

2. The grain elevator is used exclusively by the farmer who owns or leases the land on which the elevator is located to receive, store, clean, treat or transfer feed for livestock or grain that is owned by the farmer.

(4) A portion of a grain elevator is included in the farm property class and a portion of the grain elevator is included in the commercial property class if the following conditions are satisfied:

1. The grain elevator is located on land that is in the farm property class.

2. The grain elevator is not used exclusively by the farmer who owns or leases the land on which the elevator is located to receive, store, clean, treat or transfer feed for livestock or grain that is owned by the farmer.

3. A licence is required under the Grains Act to operate the grain elevator.

(5) Subject to subsection (9), the share of the assessed value of a grain elevator that is attributable to the property classes described in subsection (4) shall be determined in accordance with the following:

1. The share that is attributable to the commercial property class is equal to the percentage of the total amount of grain or feed for livestock that the grain elevator was used to receive, store, clean, treat or transfer during the applicable period that was not owned by the farmer who owns or leases the land on which the grain elevator is located.

2. The share that is attributable to the farm property class is the share of the assessed value of the grain elevator that is not attributable to the commercial property class, as determined under paragraph 1.

(6) A portion of a grain elevator is included in the residential property class and a portion of the grain elevator is included in the commercial property class if the following conditions are satisfied:

1. The grain elevator is located on land to which subsection 19 (5) of the Act applies but that is not in the farm property class.

2. The grain elevator is not used exclusively by the farmer who owns or leases the land on which the elevator is located to receive, store, clean, treat or transfer feed for livestock or grain that is owned by the farmer.

3. A licence is required under the Grains Act to operate the grain elevator.

(7) Subject to subsection (9), the share of the assessed value of a grain elevator that is attributable to the property classes described in subsection (6) shall be determined in accordance with the following:

1. The share that is attributable to the commercial property class is equal to the percentage of the total amount of grain or feed for livestock that the grain elevator was used to receive, store, clean, treat or transfer during the applicable period that was not owned by the farmer who owns or leases the land on which the grain elevator is located.

2. The share that is attributable to the residential property class is the share of the assessed value of the grain elevator that is not attributable to the commercial property class, as determined under paragraph 1.

(8) For the purposes of subsections (5) and (7), the applicable period is the most recent calendar year or years, up to a maximum of three years, for which information has been provided for licensing purposes under the Grains Act in respect of the amount of grain or feed for livestock that the grain elevator was used to receive, store, clean, treat or transfer.

(9) If the information described in subsection (8) is not available in respect of a grain elevator because the grain elevator was not in operation for the applicable period, the share of the assessed value of the grain elevator that is attributable to the property classes described in subsections (4) and (6) shall be determined in accordance with the following:

1. The share that is attributable to the commercial property class is equal to the percentage of the total amount of grain or feed for livestock that the grain elevator is expected to receive, store, clean, treat or transfer during the projected period that is not owned by the farmer who owns or leases the land on which the grain elevator is located.

2. The share that is attributable to the farm property class or the residential property class, as the case may be, is the share of the assessed value of the grain elevator that is not attributable to the commercial property class, as determined under paragraph 1.

(10) For the purposes of subsection (9), the projected period is the period for which expected amounts are provided for licensing purposes under the Grains Act in respect of the amount of grain or feed for livestock that the grain elevator is expected to be used to receive, store, clean, treat or transfer.

4. The Regulation is amended by adding the following section:

17.3 Subsection 33 (1) of the Act does not apply for the 2012 and 2013 taxation years to land on which a grain elevator is located during those taxation years.

5. The Regulation is amended by adding the following section:

44.2 (1) Land on which a grain elevator is located is prescribed for the purposes of subsection 19 (5.0.1) of the Act if,

(a) the grain elevator is used to receive, store, clean, treat or transfer grain or feed for livestock that is not owned by the farmer who owns or leases the land on which the grain elevator is located; and

(b) but for the activity described in clause (a), the land on which the grain elevator is located would be valued under subsection 19 (5) of the Act.

(2) This section applies with respect to the 2014 and subsequent taxation years.

(3) In this section,

“grain elevator” has the same meaning as in subsection 17.1 (2).

Commencement

6. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1, 2, 3 and 5 are deemed to have come into force on January 1, 2014.

(3) Section 4 is deemed to have come into force on January 1, 2012.

Made by:

Charles Sousa

Minister of Finance

Date made: December 8, 2014.