PART IX LIMITATION ON TAXES FOR CERTAIN PROPERTY CLASSES
331.
331 (1) The purpose of this section is to ensure that eligible properties are taxed at the same level as comparable properties.  2001, c. 25, s. 331 (1). Determination of taxes (2) Despite any other provision in this Part, each local municipality shall determine the taxes for municipal and school purposes for each eligible property for the year or portion of the year as follows: 1.  Determine the level of taxation for each property identified by the assessment corporation under subsection (6) as a comparable property by dividing the taxes for municipal and school purposes levied for the year by the taxes for municipal and school purposes that would have been imposed but for the application of this Part. 2.  Determine the average of the levels of taxation for all comparable properties determined under paragraph 1. 3.  Determine the taxes for municipal and school purposes for the eligible property for the year by multiplying the average level of taxation determined under paragraph 2 by the taxes for municipal and school purposes that would have been imposed on the eligible property but for the application of this Part. 4.  The taxes for municipal and school purposes for an eligible property for the year shall be the lesser of the amount determined for the year or portion of the year but for the application of this Part and the amount determined under paragraph 3.  2001, c. 25, s. 331 (2); 2002, c. 17, Sched. A, s. 55 (1). Adjustments (3) The local municipality shall make the necessary adjustments on the tax roll for the year or portion of the year in accordance with the determination under subsection (2).  2001, c. 25, s. 331 (3). Limits to apply (4) The taxes for municipal and school purposes on a property to which this section applies for a taxation year shall be calculated under section 329 for subsequent years.  2001, c. 25, s. 331 (4). Determination of taxes for the subsequent year (5) For the purposes of paragraph 2 of subsection 329 (2), taxes are to be recalculated as if the amount determined under paragraph 4 of subsection (2) of this section had been determined on a full year basis.  2001, c. 25, s. 331 (5). Comparable properties identified (6) The assessment corporation shall identify six comparable properties with respect to an eligible property for the purposes of this section or, if there are fewer than six comparable properties, as many comparable properties as there are.  2001, c. 25, s. 331 (6). Mixed use properties (7) For the purposes of this section, (a)  if an eligible property or a comparable property is classified in more than one class of real property under section 7 of the Assessment Act, each portion shall be treated as a separate property; and (b)  up to six comparable properties, or if there are fewer than six comparable properties, as many as there are, shall be identified for each portion of an eligible property under clause (a).  2001, c. 25, s. 331 (7). List provided to municipality (8) The assessment corporation shall provide a list of the comparable properties under subsection (6) or (7) with respect to an eligible property to the local municipality as soon as is practicable, (a)  after the return of the assessment roll for eligible properties that are on the assessment roll; or (b)  after the mailing of the notice of the assessment of the eligible property under section 33 or 34 of the
Assessment Act.  2001, c. 25, s. 331 (8). List to be mailed to the owner (9) The local municipality shall mail to the owner of each eligible property the list of the comparable properties and the determination made under subsection (2) with respect to that eligible property within 60 days after the date the list is received by the local municipality.  2001, c. 25, s. 331 (9). If no comparable property (10) If the assessment corporation determines that there are no comparable properties with respect to an eligible property, (a)  the assessment corporation shall give notice to the local municipality of its determination; and (b)  the local municipality shall, within 60 days of receiving the notice under clause (a), give notice to the owner of the property of the assessment corporation’s determination and of the amount determined for the year or portion of the year under this Part.  2001, c. 25, s. 331 (10). Complaint (11) The owner of an eligible property or the local municipality may, within 90 days of the mailing of information under subsection (9), complain to the Assessment Review Board in writing concerning the properties on the list and request that up to six alternative properties be used as comparable properties for the purposes of this section.  2001, c. 25, s. 331 (11); 2002, c. 22, s. 157 (1). Same (12) If the assessment corporation has determined that there are no comparable properties with respect to an eligible property, the owner of the eligible property or the local municipality may, within 90 days after the owner is given a notice of determination under subsection (10), complain to the Assessment Review Board in writing concerning the determination and request that up to six properties be used as comparable properties for the purpose of this section.  2001, c. 25, s. 331 (12); 2002, c. 22, s. 157 (2). Deemed appeal under s. 40 of Assessment Act (13) Section 40 of the Assessment Act applies to a complaint under subsection (11) or (12) as if it were an appeal under subsection 40 (1) of that Act.  2008, c. 7, Sched. O, s. 3. Appeal (14) Section 43.1 of the Assessment Act applies to a decision of the Assessment Review Board.  2001, c. 25, s. 331 (14). Authority of the Assessment Review Board (15) In a complaint under this section, the Assessment Review Board shall, (a)  identify up to six comparable properties from among the comparable properties proposed by the complainant or by the assessment corporation; or (b)  determine that there are no comparable properties.  2001, c. 25, s. 331 (15). Application to court (16) The municipality or the owner of the eligible property may apply to the Superior Court of Justice for a determination of any matter relating to the application of this section, except a matter that could be the subject of a complaint under this section.  2001, c. 25, s. 331 (16); 2002, c. 17, Sched. A, s. 55 (2). Same (17) Section 46 of the Assessment Act applies with necessary modifications to an application under subsection (16).  2001, c. 25, s. 331 (17). Determination by local municipality (18) The local municipality shall determine the taxes for municipal and school purposes for the year or portion of the year in accordance with a decision of the Assessment Review Board or court under this section.  2001, c. 25, s. 331 (18). Omitted assessment in later taxation year (19) If an assessment is made under subsection 33 (1) of the Assessment Act that relates to a taxation year prior to the year in which the assessment is made, this section applies if the first taxation year to which the assessment applies is 2001 or a subsequent year.  2001, c. 25, s. 331 (19). Definitions (20) In this section, “comparable properties” means properties identified by the assessment corporation to be similar lands in the vicinity of the eligible property; (“biens comparables”) “eligible property” means a property, (a)  to which subsection 329 (7) applies, (b)  that ceases to be exempt from taxation for 2001 or thereafter, (c)  that was subdivided or was subject to a severance, (d)  whose classification changes for 2001 or a later year, or (e)  that is prescribed by the Minister of Finance; (“bien admissible”) “vicinity” has the same meaning as under subsection 44 (2) of the Assessment Act, except that the vicinity shall not exceed the boundaries of the single-tier or upper-tier municipality, as the case may be, in which the eligible property is located. (“à proximité”)  2001, c. 25, s. 331 (20); 2002, c. 17, Sched. A, s. 55 (3); 2004, c. 31, Sched. 26, s. 5. Regulations (21) The Minister of Finance may make regulations, (a)  prescribing properties and classes of properties that are deemed to be “eligible property” for the purposes of this section; (b)  prescribing properties and classes of properties that are deemed not to be “eligible property” for the purposes of this section.  2002, c. 17, Sched. A, s. 55 (4). Retroactivity (22) A regulation under subsection (21) is, if it so provides, effective with reference to a period before it is filed.  2002, c. 17, Sched. A, s. 55 (4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 55 (1-4) - 01/01/2003; 2002, c. 22, s. 157 (1, 2) - 01/01/2003 2004, c. 31, Sched. 26, s. 5 - 16/12/2004 2008, c. 7, Sched. O, s. 3 - 14/05/2008