PART XI TRADITIONAL MUNICIPAL TAXES
Definitions
275 (1) In this section, “commercial classes” means the commercial property class prescribed under the Assessment Act and optional property classes that contain property that, if city council did not opt to have the optional property class apply, would be in the commercial property class; (“catégories commerciales”) “industrial classes” means the industrial property class prescribed under the Assessment Act and optional property classes that contain property that, if city council did not opt to have the optional property class apply, would be in the industrial property class; (“catégories industrielles”) “optional property class” means a property class that city council may opt to have apply within the City under regulations made under the Assessment Act. (“catégorie de biens facultative”)  2006, c. 11, Sched. A, s. 275 (1). Tax ratios (2) A set of tax ratios for the City shall be established in accordance with this section.  2006, c. 11, Sched. A, s. 275 (2). What tax ratios are (3) The tax ratios are the ratios that the tax rate for each property class must be to the tax rate for the residential property class where the residential property class tax ratio is one.  2006, c. 11, Sched. A, s. 275 (3). By-law authority (4) The City shall pass a by-law in each year to establish the tax ratios for that year for the City.  2009, c. 33, Sched. 21, s. 4 (14). Limitations (5) The City shall not pass a by-law under subsection (4) until transition ratios are established for the property classes that apply within the City, other than the residential property class, the farm property class and the managed forests property class prescribed under the Assessment Act.  2006, c. 11, Sched. A, s. 275 (5). Ratios within prescribed ranges (6) The tax ratio for a property class must be within the allowable range prescribed for the property class.  2006, c. 11, Sched. A, s. 275 (6). Exception (7) Despite subsection (6), the tax ratio for a property class for the City may be outside the allowable range in the following circumstances: 1. For the first year for which the property class applies with respect to the City, the tax ratio may be, i. above the range if it is less than or equal to the transition ratio, for the property class for the City, that is prescribed or determined in accordance with the regulations, or ii. below the range if it is greater than or equal to the transition ratio, for the property class for the City, that is prescribed or determined in accordance with the regulations. 2. For a subsequent year the tax ratio may be, i. above the range if it is less than or equal to the tax ratio for the property class for the previous year, or ii. below the range if it is greater than or equal to the tax ratio for the property class for the previous year.  2006, c. 11, Sched. A, s. 275 (7); 2021, c. 40, Sched. 3, s. 1 (1). Exception, subsequent reassessment (8) Despite subsections (6) and (7), the Minister of Finance may prescribe a new transition ratio, including the average transition ratio, for a taxation year or any previous taxation year for a property class for the City and, (a) for the first year in respect of which the transition ratio is prescribed, the tax ratio may be, (i) above the allowable range if it is less than or equal to the transition ratio, for the property class for the City, that is prescribed or determined in accordance with the regulations, or (ii) below the allowable range if it is greater than or equal to the transition ratio, for the property class for the City, that is prescribed or determined in accordance with the regulations; and (b) for a subsequent year, the tax ratio may be, (i) above the allowable range if it is less than or equal to the tax ratio for the property class for the previous year, or (ii) below the allowable range if it is greater than or equal to the tax ratio for the property class for the previous year. 2006, c. 11, Sched. A, s. 275 (8); 2021, c. 40, Sched. 3, s. 1 (1). Average transition ratios (9) For the City, there shall be an average transition ratio for the commercial classes and an average transition ratio for the industrial classes, determined in accordance with the following: 1. For the first year that an optional property class applies or, subject to subsection (15) or (16), ceases to apply in the City, the average transition ratio shall be the average transition ratio that is prescribed or determined in accordance with the regulations. 2. For a subsequent year, the average transition ratio shall be the weighted average, for the previous year, of the tax ratios for the property classes to which the average transition ratio relates.  2006, c. 11, Sched. A, s. 275 (9); 2021, c. 40, Sched. 3, s. 1 (2). Special rule, commercial classes (10) The tax ratio for a property class that is one of the commercial classes may be greater than what would be allowed under subsection (6), (7) or (8) if the following are satisfied: 1. The tax ratio is less than or equal to the average transition ratio for the commercial classes for the year. 2. The weighted average, for the year, of the tax ratios for the commercial classes does not exceed the average transition ratio for the commercial classes for the year.  2006, c. 11, Sched. A, s. 275 (10). Special rule, industrial classes (11) The tax ratio for a property class that is one of the industrial classes may be greater than what would be allowed under subsection (6), (7) or (8) if the following are satisfied: 1. The tax ratio is less than or equal to the average transition ratio for the industrial classes for the year. 2. The weighted average, for the year, of the tax ratios for the industrial classes does not exceed the average transition ratio for the industrial classes for the year.  2006, c. 11, Sched. A, s. 275 (11). Weighted average (12) For the purposes of subsections (9) to (11), the weighted average, for a year, of the tax ratios for property classes shall be determined as follows: 1. For each property class, multiply the tax ratio for the property class for the year by the total assessment of the properties in the property class for the year. 2. Add the amounts determined under paragraph 1 for each property class together. 3. Add the total assessments of the properties in the property classes for the year, used in the calculation under paragraph 1, together. 4. The weighted average is the amount determined under paragraph 2 divided by the amount determined under paragraph 3.  2006, c. 11, Sched. A, s. 275 (12). Optional classes, regulations (13) The Minister of Finance may make regulations prescribing transition ratios for a year, (a) for the commercial classes if the City opts to have a property class that is one of the commercial classes apply for the year and the property class did not apply within the City for the previous year; (b) for the industrial classes if the City opts to have a property class that is one of the industrial classes apply for the year and the property class did not apply within the City for the previous year.  2006, c. 11, Sched. A, s. 275 (13). Effect of new transition ratios (14) If new transition ratios are prescribed under subsection (13), paragraph 1 of subsection (7) applies, with necessary modifications, for the year with respect to which they apply.  2006, c. 11, Sched. A, s. 275 (14). Opting out, commercial classes (15) If all optional property classes that contain property that would otherwise be in the commercial property class cease to apply for a year in the City, the transition ratio for the commercial property class for the year shall be equal to the average transition ratio for the commercial classes for the previous year under subsection (9), and subsection (7) or (8) applies, with necessary modifications, for the year.  2006, c. 11, Sched. A, s. 275 (15). Opting out, industrial classes (16) If all optional property classes that contain property that would otherwise be in the industrial property class cease to apply for a year in the City, the transition ratio for the industrial property class for the year shall be equal to the average transition ratio for the industrial classes for the previous year under subsection (9), and subsection (7) or (8) applies, with necessary modifications, for the year.  2006, c. 11, Sched. A, s. 275 (16). Regulations (17) The Minister of Finance may make regulations, (a)  Repealed:  2009, c. 33, Sched. 21, s. 4 (15). (b) governing the determination of the tax ratios by the City for a taxation year; (c) prescribing, for the purposes of subsection (6), the allowable ranges for the tax ratios for the property classes; (d) prescribing transition ratios for the property classes for the purposes of subsections (7) and (8) or prescribing a method for determining such ratios; (e) prescribing average transition ratios for the purposes of subsection (9) or prescribing a method for determining such ratios. (f) requiring the City, despite subsections (6), (7) and (8), to establish, as the tax ratio for the year for each property class specified in the regulations, the ratio specified in the regulations for the property class or determined in accordance with the regulations.  2006, c. 11, Sched. A, s. 275 (17); 2009, c. 33, Sched. 21, s. 4 (15); 2021, c. 40, Sched. 3, s. 1 (3, 4). Regulations can be retroactive (18) A regulation under clauses (17) (c) to (f) may be retroactive to a date not earlier than January 1 of the year in which the regulation was made.  2006, c. 11, Sched. A, s. 275 (18); 2021, c. 40, Sched. 3, s. 1 (5). Regulations (19) The Minister of Municipal Affairs and Housing may make regulations, (a) requiring the City to provide the Minister with the information prescribed at the times and in the manner prescribed; (b) requiring the City to give notice of the tax ratios to such persons and in such manner as prescribed.  2006, c. 11, Sched. A, s. 275 (19). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 4 (14, 15) - 25/01/2010 2021, c. 40, Sched. 3, s. 1 (1-5) - 09/12/2021