O. Reg. 337/12: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r12337
Published: 2012-11-05

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ontario regulation 337/12

made under the

Assessment Act

Made: November 5, 2012
Filed: November 5, 2012
Published on e-Laws: November 6, 2012
Printed in The Ontario Gazette: November 24, 2012


Amending O. Reg. 282/98

(GENERAL)

1. Subsection 47 (1) of Ontario Regulation 282/98 is amended by striking out “the 2009 and subsequent taxation years” at the end of the portion before paragraph 1 and substituting “the 2009, 2010 and 2011 taxation years”.

2. The Regulation is amended by adding the following section immediately before the heading “Adjustments under Section 19.1 of the Act”:

47.1 (1) For the purposes of paragraph 9 of subsection 14 (1) of the Act, the following information must be included on the assessment roll for the 2013, 2014 and 2015 taxation years:

1. The assessment, classification or liability for taxes of the land as shown on the assessment roll returned for the 2012 taxation year, adjusted for any changes in value for assessment purposes and any changes in classification or liability for taxes, if the changes would affect the assessment of the land on the assessment roll for the 2013, 2014 or 2015 taxation year.

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

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

3. (1) Subsection 48 (1) of the Regulation is amended by striking out “the 2009 and subsequent taxation years” at the end and substituting “the 2009, 2010 and 2011 taxation years”.

(2) Subsection 48 (2) of the Regulation is amended by striking out “for that taxation year after any changes” and substituting “for that taxation year as shown on the assessment roll or the tax roll, as the case may be, after any changes”.

(3) Subsection 48 (4) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

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

. . . . .

(4) Clause 48 (4) (a) of the Regulation is amended by striking out “the amount described as “A”” at the beginning and substituting “the amount of “A””.

(5) Section 48 of the Regulation is amended by adding the following subsections:

(4.1) Despite subsections (3) and (4), the eligible increase in respect of the land for the 2009, 2010 and 2011 taxation years is the amount by which the amount of “A” in subsection (3) exceeds the amount of “B” in subsection (3) as adjusted under subsection (4) to reflect a change to the assessment of the land in respect of the 2008 taxation year that results or could result in an application under subsection 357 (1), 358 (1) or 359 (1) of the Municipal Act, 2001

or subsection 323 (1), 325 (1) or 326 (1) of the City of Toronto Act, 2006,

(a) if the change is not reflected in the assessment for the 2008 taxation year or the assessment for the 2008 taxation year as adjusted for the purposes of paragraph 1 of subsection 47 (1) for the 2009 taxation year; and

(b) if an assessment is made under subsection 32 (1.1) , (2), (3) or (4), section 33 or subsection 34 (1) or (2) of the Act to reflect that change in the assessment for the 2009, 2010 or 2011 taxation year, before any adjustment under section 19.1 of the Act.

(4.2) Despite subsections (3), (4) and (4.1), if an assessment is made under section 33 of the Act after January 1, 2009 that applies to any portion of the 2008 taxation year, the eligible increase for the 2009, 2010 and 2011 taxation years is the amount, if any, by which “A” exceeds “B”,

where,

  “A” is the assessment of the land that would be shown on the assessment roll for the 2009 taxation year if subsection 19.1 (3) of the Act did not apply, plus the amount of the assessment made in respect of the year under section 33 of the Act, and

  “B” is the assessment of the land that is shown on the assessment roll for the 2008 taxation year, described in subsection (3), (4) or (4.1), as the case may be, plus the assessment made in respect of the year under section 33 of the Act, applied to the land for the entire year.

(4.3) Despite subsections (3), (4), (4.1) and  (4.2), if there is a change to the value of the land as of January 1, 2008, the eligible increase in respect of the land for the 2010 and 2011 taxation years is the amount by which the amount of “B” in subsection (3), as adjusted under subsection (4), (4.1) or (4.2), if applicable, is less than the amount of the assessment of the land for the 2010 or 2011 taxation year determined as if subsection 19.1 (3) of the Act did not apply.

4. The Regulation is amended by adding the following section immediately before the heading “Prescribed Property Classes for the Purposes of Subsection 19.1 (2) of the Act”:

48.2 (1) This section applies with respect to the assessment of land if section 19.1 of the Act applies with respect to the current value of the land for the 2013, 2014 and 2015 taxation years.

(2) A reference in this section to an assessment of land shown on the assessment roll for the 2012 taxation year or that would be shown on the assessment roll for the 2013 taxation year is deemed to be a reference to the assessment of the land for that taxation year as shown on the assessment roll or the tax roll, as the case may be, after any changes required as a result of any of the following:

1. A correction under section 32 of the Act.

2. A reconsideration under section 39.1 of the Act.

3. An appeal under section 40 of the Act.

4. An application under section 46 of the Act.

(3) The eligible increase in respect of the land for the 2013, 2014 and 2015 taxation years is the amount, if any, by which “A” exceeds “B”,

where,

  “A” is the assessment of the land that would be shown on the assessment roll for the 2013 taxation year if subsection 19.1 (3) of the Act did not apply, and

  “B” is the assessment of the land that is shown on the assessment roll for the 2012 taxation year.

(4) Despite subsection (3), the eligible increase in respect of the land for the 2013, 2014 and 2015 taxation years is the amount by which the amount of “A” in subsection (3) exceeds the amount of “B” in subsection (3), as adjusted for the purposes of paragraph 1 of subsection 47.1 (1),

(a) if the amount of “A” in subsection (3) exceeds the amount of “B” in subsection (3), as adjusted for the purposes of paragraph 1 of subsection 47.1 (1); and

(b) if the amount of the assessment for the 2012 taxation year and as further adjusted for the purposes of paragraph 1 of subsection 47.1 (1) does not equal the assessment of the land that is shown on the assessment roll for the 2012 taxation year.

(5) Despite subsections (3) and (4), the eligible increase in respect of the land for the 2013, 2014 and 2015 taxation years is the amount by which the amount of “A” in subsection (3) exceeds the amount of “B” in subsection (3) as adjusted under subsection (4) to reflect a change to the assessment of the land in respect of the 2012 taxation year that results or could result in an application under subsection 357 (1), 358 (1) or 359 (1) of the Municipal Act, 2001 or subsection 323 (1), 325 (1) or 326 (1) of the City of Toronto Act, 2006 if,

(a) the change is not reflected in the assessment for the 2012 taxation year or the assessment for the 2012 taxation year as adjusted for the purposes of paragraph 1 of subsection 47.1 (1) for the 2013 taxation year; and

(b) an assessment is made under subsection 32 (1.1) , (2), (3) or (4), section 33 or subsection 34 (1) or (2) of the Act to reflect that change in the assessment for the 2013, 2014 or 2015 taxation year, before any adjustment under section 19.1 of the Act.

(6) Despite subsections (3), (4) and (5), if an assessment is made under section 33 of the Act after January 1, 2013 that applies to any portion of the 2012 taxation year, the eligible increase for the 2013, 2014 and 2015 taxation years is the amount, if any, by which “A” exceeds “B”,

where,

  “A” is the assessment of the land that would be shown on the assessment roll for the 2013 taxation year if subsection 19.1 (3) of the Act did not apply, plus the amount of the assessment made in respect of the year under section 33 of the Act, and

  “B” is the assessment of the land that is shown on the assessment roll for the 2012 taxation year, described in subsection (3), (4) or (5) as the case may be, plus the assessment made in respect of the year under section 33 of the Act, applied to the land for the entire year.

(7) Despite subsections (3), (4), (5) and (6), if there is a change to the value of the land as of January 1, 2012, the eligible increase in respect of the land for the 2014 and 2015 taxation years is the amount by which the amount of “B” in subsection (3), as adjusted under subsection (4), (5) or (6), if applicable, is less than the amount of the assessment of the land for the 2014 or 2015 taxation year determined as if subsection 19.1 (3) of the Act did not apply.

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

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

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

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

5. Section 50 of the Regulation is revoked and the following substituted:

50. (1) For the purposes of clause 40 (1) (b) of the Act, an appeal may be made in writing to the Assessment Review Board on the basis that any of the following is incorrect:

1. The amount of the assessment of the land for the 2008 taxation year, as adjusted for the purposes of paragraph 1 or 1.1 of subsection 47 (1), or the classification of the land for the purposes of that paragraph.

2. The amount of the assessment of land for the 2012 taxation year, as adjusted for the purposes of paragraph 1 of subsection 47.1 (1), or the classification of the land for the purposes of that paragraph.

3. A recalculation of the eligible increase under subsection 48.2 (5).

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

(3) An appeal under paragraph 2 of subsection (1) does not affect any tax liability for the land for the 2012 taxation year.

Commencement

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

(2) Section 3 is deemed to have come into force on January 1, 2009.

(3) Sections 1, 2, 4 and 5 come into force on the later of December 11, 2012 and the day this Regulation is filed.

Made by:

Dwight Douglas Duncan

Minister of Finance

Date made: November 5, 2012.