2 (1) Every employer shall pay to the Crown in right of Ontario a tax calculated in accordance with this Act.  R.S.O. 1990, c. E.11, s. 2 (1). (1.1) Repealed:  2009, c. 18, Sched. 11, s. 2. Calculation of tax (2) The amount of tax payable by an employer for a year is the amount equal to the product of the taxable total Ontario remuneration paid by the employer during the year multiplied by, (a) where the total Ontario remuneration paid by the employer during the year does not exceed $200,000, a rate of 0.98 per cent; (b) where the total Ontario remuneration paid by the employer during the year exceeds $200,000 but does not exceed $400,000, the rate set out in the Table opposite the range of remunerations which includes the total Ontario remuneration paid by the employer during the year; or (c) where the total Ontario remuneration paid by the employer during the year exceeds $400,000, a rate of 1.95 per cent. TABLE Total Ontario Remuneration   Rate 

  More than $200,000 to and including $230,000   1.101 per cent 

  More than $230,000 to and including $260,000   1.223 per cent 

  More than $260,000 to and including $290,000   1.344 per cent 

  More than $290,000 to and including $320,000   1.465 per cent 

  More than $320,000 to and including $350,000   1.586 per cent 

  More than $350,000 to and including $380,000   1.708 per cent 

  More than $380,000 to and including $400,000   1.829 per cent R.S.O. 1990, c. E.11, s. 2 (2); 1996, c. 18, s. 5 (2). (2.1)-(2.3) Repealed:  2009, c. 18, Sched. 11, s. 2. Amounts included in total Ontario remuneration (3) In determining the tax payable under this Act by any person, a payment made by the person, including a payment in kind, may be deemed by the Minister to be part of the total Ontario remuneration paid by the person where, (a) the payment is made to an employee of the person or to another person who at the time of the payment did not deal at arm’s length, within the meaning of section 251 of the Income Tax Act (Canada), with an employee of the person; and (b) it is reasonable for the Minister to consider that the payment is made by the person in consideration for services rendered to the employer by the employee or the other person who did not deal at arm’s length with an employee of the person.  R.S.O. 1990, c. E.11, s. 2 (3); 1996, c. 24, s. 2 (1). Stock option benefits (3.1) If an employer has agreed to sell or issue to an employee a security of the employer, the amount of any benefit deemed to be received in a year by the employee under section 7 of the Income Tax Act (Canada) in respect of the security or the agreement to sell or issue the security is deemed to be remuneration paid to the employee by the employer in the designated year.  2001, c. 23, s. 72 (1); 2004, c. 31, Sched. 12, s. 2 (1). Stock option benefits, connected corporation (3.2) If an employer or a corporation or mutual fund trust connected to the employer has agreed to sell or issue to an employee of the employer a security of the employer or of a corporation or mutual fund trust connected to the employer, the amount of any benefit deemed to be received by the employee under section 7 of the Income Tax Act (Canada) in respect of the security or the agreement to sell or issue the security is deemed to be remuneration paid to the employee by the employer in the designated year.  2001, c. 23, s. 72 (1); 2004, c. 16, Sched. D, Table; 2004, c. 31, Sched. 12, s. 2 (2). Stock option benefits, former employee (3.3) Despite subsections (3.1) and (3.2), if an employer or a corporation or mutual fund trust connected to the employer has agreed to sell or issue to an employee of the employer a security of the employer or of a corporation or mutual fund trust connected to the employer, the amount of any benefit in respect of the security or the agreement to sell or issue the security that is deemed to be received by the employee under section 7 of the Income Tax Act (Canada) after the employee has ceased to be employed by the employer is deemed to be remuneration paid to the employee by the employer in the designated year.  2001, c. 23, s. 72 (1); 2004, c. 16, Sched. D, Table; 2004, c. 31, Sched. 12, s. 2 (3). Connected corporation (3.4) For the purposes of subsections (3.2) and (3.3), a corporation or a mutual fund trust is connected to an employer if the employer and the corporation or trust do not deal at arm’s length with each other within the meaning of section 251 of the Income Tax Act (Canada).  2001, c. 23, s. 72 (1); 2004, c. 16, Sched. D, Table. Designated year (3.5) For the purposes of subsections (3.1) to (3.3), the designated year in respect of a security or an agreement to sell or issue a security is, (a) the year in which the amount of the benefit is deemed to be received by the employee under paragraph 7 (1) (a) of the Income Tax Act (Canada), as that paragraph is modified by subsection 7 (1.1) of that Act, if that paragraph applies and if, at both the time the agreement to sell or issue the security is entered into and the time the security is acquired under the agreement, (i) the person who agreed to sell or issue the security to the employee is a Canadian-controlled private corporation, within the meaning assigned by subsection 125 (7) of the Income Tax Act (Canada), and (ii) the security is a share of the capital stock of a Canadian-controlled private corporation; (b) the year in which the employee acquired the security, in any other case where paragraph 7 (1) (a) of the Income Tax Act (Canada) applies and clause (a) does not apply; or (c) the year in which the amount of the benefit, other than a benefit deemed to be received under paragraph 7 (1) (a) of the Income Tax Act (Canada), is deemed to be received by the employee under section 7 of that Act, if that section, other than paragraph 7 (1) (a), applies.  2004, c. 31, Sched. 12, s. 2 (4). Exemptions under other Acts (4) No person otherwise subject to tax under this Act is exempt therefrom by reason of an exemption granted to the person, or to or in respect of the personal or real property of the person, by or under any other Act unless the other Act expressly mentions this Act.  R.S.O. 1990, c. E.11, s. 2 (4). Definition (5) In this section, “security” has the meaning assigned by subsection 7 (7) of the Income Tax Act (Canada). 2013, c. 15, s. 2 (6)-(11) Repealed: 2013, c. 15, s. 2. Section Amendments with date in force (d/m/y) 1994, c. 8, s. 2 - 01/01/1993; 1996, c. 18, s. 5 (1-4) - 01/01/1997; 1996, c. 24, s. 2 (1) - 08/05/1996; 1996, c. 24, s. 2 (2) - 01/01/1997; 1996, c. 29, s. 5 - 01/01/1990; 1998, c. 34, s. 60 - 01/01/1998 2001, c. 23, s. 72 (1, 3, 11) - 05/12/2001; 2001, c. 23, s. 72 (2) - 28/02/2000; 2001, c. 23, s. 72 (4-10) - 01/01/2001 2004, c. 16, Sched. D, Table - 01/01/2004; 2004, c. 31, Sched. 12, s. 2 (1-4) - 16/12/2004 2009, c. 18, Sched. 11, s. 2 - 05/06/2009 2010, c. 26, Sched. 6, s. 1 - 08/12/2010 2013, c. 15, s. 2
- 12/12/2013