19 (1) The assessment of land shall be based on its current value. 1997, c. 5, s. 12; 2007, c. 7, Sched. 1, s. 3. 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. Same (4) A regulation under subsection (2.1) may provide that the regulation does not apply to land within a municipality unless the municipality has, in the prescribed manner, opted to have the regulation apply. In this subsection, “municipality” means an upper-tier municipality and a single-tier municipality. 2020, c. 36, Sched. 3, s. 4. Same (4.1) If a municipality opts to have a regulation under subsection (2.1) apply, (a)  the regulation may require or permit the municipality to establish criteria, parameters or comparators which must be used, or must not be used, in determining the current value of land under the regulation; and (b)  the municipality may specify, by by-law, that the regulation applies only to, (i)  properties that meet the requirements set out in the by-law, (ii)  properties in a portion of the municipality, (iii)  specified properties or types of properties in the municipality, or (iv)  specified properties or types of properties in a portion of the municipality. 2020, c. 36, Sched. 3, s. 4. Delegation by upper-tier municipality (4.2) An upper-tier municipality that opts to have a regulation under subsection (2.1) apply may, by by-law, permit its lower-tier municipalities to establish anything the upper-tier municipality is required or permitted to establish under clause (4.1) (a) or to specify anything that the upper-tier municipality is permitted to specify under clause (4.1) (b). 2020, c. 36, Sched. 3, s. 4. 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). Section Amendments with date in force (d/m/y) 1997, c. 5, s. 12 - 01/12/1997; 1997, c. 29, s. 9 - 01/12/1997; 1998, c. 33, s. 5 - 18/12/1998; 1999, c. 6, s. 2 (2) - 01/03/2000; 1999, c. 9, s. 11 - 14/12/1999 2000, c. 25, s. 5 (1, 2) - 04/12/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2004, c. 31, Sched. 3, s. 5 (1, 2) - 16/12/2004 2005, c. 5, s. 3 (1, 2) - 9/03/2005; 2005, c. 28, Sched. A, s. 2 - 12/12/2005 2007, c. 7, Sched. 1, s. 3 - 17/05/2007 2020, c. 36, Sched. 3, s. 4 - 08/12/2020