PART IX FINANCE
Regulations, Minister of Finance
257.12 (1) The Minister of Finance may make regulations, (a) prescribing classes of real property for the purposes of clause (b) of the definition of “business property” in section 257.5 or for the purposes of clause (b) of the definition of “residential property” in that section; (b) prescribing the tax rates for school purposes for the purposes of section 257.7; (c) prescribing rates for the purposes of calculating payments in lieu of taxes, within the meaning of section 306 of the Municipal Act, 2001 or section 273 of the City of Toronto Act, 2006, as the case may be, for real property that is exempt from taxation for school purposes; and (d)  Repealed:  2002, c. 17, Sched. F, Table. (e) prescribing the form of the tax notices or information that must or may be included on tax notices sent to owners of property by a board that is required to levy rates for school purposes under this Division.  1997, c. 31, s. 113 (2); 1998, c. 33, s. 42 (1); 1999, c. 9, s. 99 (1); 2000, c. 25, s. 45 (7); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 15 (17); 2008, c. 7, Sched. F, s. 2. Note:  The amendments made by the Statutes of Ontario, 1998, chapter 33 apply, except where the context otherwise requires, with respect to the entire 1998 taxation year not just that portion of it that follows December 18, 1998.  See:  1998, c. 33, s. 47 (1). Definition (1.1) In clause (1) (b), “tax rates for school purposes” includes tax rates for the purposes of, (a) paying a board’s share of the amount of any cancellation, reduction, refund or rebate of taxes under section 361, 364, 365 or 365.2 of the
Municipal Act, 2001 or under section 329, 331, 332 or 334 of the City of Toronto Act, 2006, as the case may be, (b) paying a board’s share of the amount of the tax assistance provided under section 365.1 of the Municipal Act, 2001 or section 333 of the City of Toronto Act, 2006, as the case may be, (c) paying rebates or reducing taxes under section 257.2.1 or 257.12.3 of this Act, or (d) paying the board’s share of any amount that is deferred, cancelled, refunded or rebated under section 8 of the Provincial Land Tax Act, 2006 by reason of clause 8 (1) (a), (b), (c), (d), (f) or (h) of that Act or under a regulation made under clause 25 (1) (f), (h) or (i) of that Act.  2006, c. 32, Sched. C, s. 15 (18); 2006, c. 33, Sched. Z.3, s. 8 (24). Application to whole year (1.1.1) A regulation under clause (1) (b) is effective for the whole year to which it applies, unless otherwise specified in the regulation.  2004, c. 31, Sched. 10, s. 1. Payments in lieu of taxes (1.1.2) For the purposes of calculating payments in lieu of taxes for real property that is exempt from taxation for school purposes, the rates prescribed under clause (1) (c) for such property are the tax rates for school purposes that would be applicable to the property if it were taxable. 2021, c. 40, Sched. 6, s. 1. Retroactivity (1.2) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed.  2001, c. 23, s. 65. Scope of regulations (2) The use of “business” or “residential” in the defined terms “business property” or “residential property” does not limit the discretion of the Minister of Finance in making regulations under clause (1) (a).  1997, c. 31, s. 113 (2). Tax rates may vary (3) Subject to subsections (4) and (5), regulations under clause (1) (b) may prescribe different tax rates for, (a) different municipalities; (b) different parts of a municipality as specified in an Act, regulation or order implementing municipal restructuring within the meaning of section 172 of the Municipal Act, 2001 or section 124 of the City of Toronto Act, 2006, as the case may be; (c) different parts of territory without municipal organization that are deemed under section 56 or subsection 58.1 (2) to be attached to a municipality for purposes related to taxation; (d) different classes of property prescribed by the regulations under this Act or the Assessment Act whether or not a municipality has opted to have the class apply within the municipality; (e) different subclasses of real property prescribed by the regulations made under the Assessment Act
whether or not a municipality has opted to have the subclass apply within the municipality; (f) real property on any basis on which a municipality or Ontario is permitted to set different tax rates for real property for municipal purposes; (g) different portions of a property’s assessment; (h) different geographic areas established for the purposes of paragraph 1 of subsection 315 (1) of the Municipal Act, 2001 or paragraph 1 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be; (i) different geographic areas established for the purposes of paragraph 2 of subsection 315 (1) of the Municipal Act, 2001 or paragraph 2 of subsection 280 (1) of the City of Toronto Act, 2006, as the case may be; and (j) different parts of a municipality based on whether or not the parts are in the area of jurisdiction of an English-language public board.  1997, c. 31, s. 113 (2); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 15 (19-21); 2007, c. 7, Sched. 9, s. 2; 2017, c. 8, Sched. 7, s. 2 (1). Uniform rate, residential, multi-residential (4) Subject to subsections (6), (7) and (7.1), the regulations under clause (1) (b) shall prescribe a single tax rate for the residential property class and the multi-residential property class.  1997, c. 31, s. 113 (2); 2002, c. 22, s. 58 (1); 2017, c. 8, Sched. 7, s. 2 (2). Tax rates for farms and managed forests (5) The tax rate for the farm property class and the managed forests property class shall be 25 per cent of the tax rate prescribed for the residential property class.  1997, c. 31, s. 113 (2); 2002, c. 22, s. 58 (2). Other rates may vary (5.1) Subsection (3) applies, with necessary modifications, with respect to regulations under clause (1) (c).  1998, c. 33, s. 42 (3). Note:  The amendments made by the Statutes of Ontario, 1998, chapter 33 apply, except where the context otherwise requires, with respect to the entire 1998 taxation year not just that portion of it that follows December 18, 1998.  See:  1998, c. 33, s. 47 (1). Property in subclasses (6) Except where subsection (7) applies, for property in the residential property class or the multi-residential property class that is also in a subclass of real property prescribed by the regulations made under the Assessment Act, the tax rate set in accordance with subsection (4) shall be reduced by the rate of reduction in taxes for municipal purposes that results from the application of section 313 of the Municipal Act, 2001 or section 278 of the City of Toronto Act, 2006, as the case may be, to property in that subclass.  1997, c. 31, s. 113 (2); 2002, c. 17, Sched. F, Table; 2002, c. 22, s. 58 (3); 2006, c. 32, Sched. C, s. 15 (22); 2017, c. 8, Sched. 7, s. 2 (3). Same (7) For property described in subsection (6) that is not located in a municipality, the tax rate set in accordance with subsection (4) shall be reduced by the rate of reduction in taxes for municipal purposes that results from the application of section 313 of the Municipal Act, 2001
to property in that subclass, as though that paragraph and those subsections did not provide for tax reductions by the council of a municipality.  1997, c. 31, s. 113 (2); 2002, c. 17, Sched. F, Table; 2017, c. 8, Sched. 7, s. 2 (4). Exception (7.1) The Minister of Finance may, by regulation, provide that subsections (6) and (7) do not apply to a specified tax rate and may prescribe a different reduction or manner of determining a different reduction. 2017, c. 8, Sched. 7, s. 2 (5). Definition (8) In subsection (7), “municipality” does not include any part of territory without municipal organization that is deemed to be a district municipality.  1998, c. 3, s. 34 (5). Class, etc., not to be defined in terms of board support (9) Despite subsections 7 (2) and (3) of the Assessment Act, regulations made by the Minister of Finance under subsection 7 (1) of that Act shall not use the school support of persons assessed to define a class of real property.  1997, c. 31, s. 113 (2). Definition (10) Except as provided in subsection (8), in this section, “municipality” includes an upper-tier municipality.  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (2) - 01/01/1998; 1998, c. 3, s. 34 (5) - 11/06/1998; 1998, c. 33, s. 42 (1, 3) - 18/12/1998; 1999, c. 9, s. 99 (1) - 14/12/1999 2000, c. 25, s. 45 (7, 8)
- 01/01/2001 2001, c. 17, s. 1 (3)
- 01/10/2004; 2001, c. 23, s. 65
- 5/12/2001 2002, c. 17, Sched. C, s. 9 (1) - 01/10/2004; 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 22, s. 58 (1-3)
- 01/01/2003 2004, c. 31, Sched. 10, s. 1 - 16/12/2004 2006, c. 32, Sched. C, s. 15 (17-22) - 01/01/2007; 2006, c. 33, Sched. Z.3, s. 8 (21, 24) - 01/01/2009 2007, c. 7, Sched. 9, s. 2 - 23/03/2007 2008, c. 7, Sched. F, s. 2 - 14/04/2008 2017, c. 8, Sched. 7, s. 2 (1-5) - 17/05/2017 2021, c. 40, Sched. 6, s. 1 - 01/01/2021