PART IX FINANCE
When amounts paid to boards
257.11 (1) In each calendar year, a municipality shall pay amounts levied for school purposes in the following instalments: 1. Twenty-five per cent of the amount levied for the previous calendar year, on or before March 31. 2. Fifty per cent of the amount levied for the current calendar year less the amount of the instalment under paragraph 1, on or before June 30. 3. Twenty-five per cent of the amount levied for the current calendar year, on or before September 30. 4. The balance of the amount levied for the current calendar year, on or before December 15.  1997, c. 31, s. 113 (2); 2006, c. 33, Sched. Z.3, s. 8 (19). When amounts paid to boards by the Minister of Finance (1.1) In each calendar year, the Minister of Finance shall pay to the boards amounts collected for school purposes within three months after collecting the amounts.  2006, c. 33, Sched. Z.3, s. 8 (20). Non-payment on due date (2) Where an instalment or a part of an instalment is not paid on the due date, the municipality in default shall pay interest to the recipient board from the date of default to the date that the payment is made, at the rate specified in subsection (4).  1997, c. 31, s. 113 (2); 2009, c. 25, s. 34 (1). Payment ahead of due date (3) Where, with the consent of the recipient board, an instalment or a part of an instalment is paid in advance of the due date, the recipient board shall allow the municipality a discount from the date of payment to the date on which the payment is due, at the rate specified in subsection (4).  1997, c. 31, s. 113 (2); 2009, c. 25, s. 34 (2). Rate of interest (4) For the purposes of subsections (2) and (3), the rate of interest payable or the rate of discount allowable, as the case may be, is the lowest prime rate reported to the Bank of Canada by any of the banks listed in Schedule I to the Bank Act (Canada) at the date of default, in the case of subsection (2), or at the date of payment, in the case of subsection (3).  1997, c. 31, s. 113 (2). Agreement (5) Despite subsection (1), a board may, by agreement with a majority of the municipalities in its area of jurisdiction where the municipalities represent at least two-thirds of the assessment taxable for the purposes of the board, according to the last returned assessment roll, vary the number of instalments and their amounts and due dates.  1997, c. 31, s. 113 (2). Same (6) Where an agreement is entered into under subsection (5), it applies to all municipalities in the area of jurisdiction of the board.  1997, c. 31, s. 113 (2). Limitation (7) Subsection (5) applies only if the agreement requires at least one instalment to be paid in each quarter of the year.  1997, c. 31, s. 113 (2). Termination of agreement (8) Where an agreement under subsection (5) does not provide for its termination, it shall continue in force from year to year until it is terminated on December 31 in any year by notice given before October 31 in the year, (a) by the secretary of the board as authorized by a resolution of the board; or (b) by the clerks of a majority of the municipalities in the board’s area of jurisdiction where the municipalities represent at least two-thirds of the assessment taxable for the purposes of the board, according to the last returned assessment roll, and where no agreement is in effect under subsection (5), the payments shall be made as provided in subsection (1).  1997, c. 31, s. 113 (2). (9)-(11) Repealed:  2006, c. 10, s. 33. Extension of instalment due dates (12) The Minister may make regulations relating to instalments under subsection (1), (a) extending the time for paying the instalments even if the time for paying the instalments has passed, (b) in conjunction with the provision of interim financing to boards under subsection (14), directing the instalments to be paid to the Province.  1998, c. 3, s. 34 (4); 1998, c. 33, s. 41 (1). 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). Same (13) A regulation under subsection (12) may be general or particular.  1998, c. 3, s. 34 (4). Interim financing (14) The Minister may provide interim financing to boards in respect of instalments to be paid to the Province as directed under a regulation under clause (12) (b) and the following apply with respect to such financing: 1. The Minister may pay amounts, on behalf of the municipality or board required to pay an instalment, to the boards to which the instalment would have been distributed in the absence of the direction to pay the instalment to the Province. 2. The amount of the instalment to be paid to the Province by the municipality or the board shall be equal to the total of the amounts paid by the Minister, on behalf of the municipality or board, under paragraph 1. 3. Subsections (2), (3) and (4) apply with respect to the Minister as though the Minister were the recipient board.  1998, c. 3, s. 34 (4). Interim financing, agreements (15) The Minister may provide interim financing to a board that is a party to an agreement under subsection (5) and the following apply with respect to such financing: 1. The Minister may pay to the board, on behalf of a municipality to which the agreement applies, an amount the municipality is required to pay under the agreement and the amount shall be deemed to be an amount paid by the municipality under the agreement. 2. A municipality on whose behalf the Minister pays an amount under paragraph 1 shall repay the Province for that amount.  The municipality shall repay the amount on the dates and in the amounts specified by the Minister and the municipality shall pay interest, at the rate specified in subsection (4), on any of those amounts that are paid late.  1998, c. 3, s. 34 (4); 1998, c. 33, s. 41 (2, 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). Payments from Consolidated Revenue Fund (16) Amounts paid by the Minister under subsection (14) or (15) shall be paid out of the Consolidated Revenue Fund.  1998, c. 3, s. 34 (4). Amounts deemed to be education funding (17) Amounts paid by the Minister under subsection (14) or (15) shall be deemed to be education funding within the meaning of subsection 234 (14), other than amounts paid 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 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 under section 333 of the City of Toronto Act, 2006, as the case may be; or (c) paying rebates or reducing taxes under section 257.2.1 or 257.12.3 of this Act.  2002, c. 17, Sched. C, s. 8 (2); 2006, c. 32, Sched. C, s. 15 (14, 15). Information relating to agreements (18) For the purposes of interim financing under subsection (15), the Minister may require a municipality or board to provide, (a) a copy of any agreement under subsection (5); (b) information about amounts paid under the agreement; and (c) information about amounts levied under section 317 of the Municipal Act, 2001, under section 281 of the City of Toronto Act, 2006 or under section 370 of the Municipal Act, being chapter M.45 of the Revised Statutes of Ontario, 1990, as that section read immediately before its repeal.  1998, c. 3, s. 34 (4); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 15 (16). Enforcement of requirement (19) The Minister may apply to the Superior Court of Justice for an order requiring a municipality or board to comply with a requirement of the Minister under subsection (18).  1998, c. 3, s. 34 (4); 2000, c. 11, s. 21. Additional power (20) Subsection (19) is additional to and not intended to replace any other available means of enforcement.  1998, c. 3, s. 34 (4). Note:  Section 257.11, as amended by the Statutes of Ontario, 1999, chapter 9, subsection 98 (1), applies with respect to the 1999 and subsequent taxation years.  See: 1999, c. 9, s. 98 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 113 (2) - 01/01/1998; 1998, c. 3, s. 34 (4) - 11/06/1998; 1998, c. 33, s. 41 (1-3) - 18/12/1998 2000, c. 11, s. 21
- 23/06/2000 2002, c. 17, Sched. C, s. 8 (1) - 01/01/2003; 2002, c. 17, Sched. C, s. 8 (2) - 01/10/2004; 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 10, s. 33
- 01/06/2006; 2006, c. 32, Sched. C, s. 15 (14-16) - 01/01/2007; 2006, c. 33, Sched. Z.3, s. 8 (19-20) - 01/01/2009 2009, c. 25, s. 34 (1, 2)
- 15/12/2009