PART IX LIMITATION ON TAXES FOR CERTAIN PROPERTY CLASSES
327.
327 (1) In this Part, “commercial classes” means the commercial property class prescribed under the Assessment Act and optional property classes that contain property that, if the council of the municipality 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 the council of the municipality 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 the council of a municipality may opt to have apply within the municipality under regulations made under the Assessment Act; (“catégorie de biens facultative”) “payment in lieu of taxes” and “property class” have the same meaning as in section 306. (“paiement tenant lieu d’impôts”, “catégorie de biens”)  2001, c. 25, s. 327 (1). Reference to property class (2) A reference to a specific property class, other than a reference to the commercial classes or industrial classes, is a reference to the property class prescribed under section 7 of the Assessment Act.  2001, c. 25, s. 327 (2). Portions of a property (3) If portions of a property are classified in different property classes on the assessment roll, each portion shall be deemed to be a separate property for the purposes of this Part.  2001, c. 25, s. 327 (3). Property that Part applies to (4) This Part applies with respect to property in the commercial classes, the industrial classes, the multi-residential property class and any other class prescribed under clause (10) (a). 2016, c. 37, Sched. 15, s. 6 (1). Non-application (5) This Part does not apply to, (a)  property in unorganized territory; (b)  property in the subclasses prescribed under paragraph 1 of subsection 8 (1) of the Assessment Act; (c)  property or a portion of the property to which a payment in lieu of taxes relates, except the property of a designated electricity utility within the meaning of subsection 19.0.1 (5) of the Assessment Act or a corporation referred to in clause (d) of the definition of “municipal electricity utility” in section 88 of the Electricity Act, 1998; (d)  a bridge or tunnel that crosses a river forming the boundary between Ontario and the United States and the land used for the purposes of the bridge or tunnel; (e)  an eligible convention centre that is exempt from taxes for school purposes under subsection 257.6 (6) of the
Education Act; (f)  despite clause (c), land, buildings and structures to which subsection 19.0.1 (1) of the Assessment Act applies; and (g)  property classified in the residential property class, the farm property class, the managed forests property class or the pipe line property class.  2001, c. 25, s. 327 (5); 2002, c. 22, s. 156. Exception (6) Despite clause (5) (c), this Part applies to a property or portion of a property in the commercial classes, the industrial classes or a class prescribed under clause (10) (a) to which subsection 4 (3) of the Municipal Tax Assistance Act applies, but the portion of a property to which that subsection applies is deemed to be a separate property for the purposes of this Part. 2016, c. 37, Sched. 15, s. 6 (2). Regulations, payments in lieu of taxes (7) Despite clause (5) (c), the Minister of Finance may make regulations prescribing circumstances or municipalities with respect to which clause (5) (c) does not apply, varying the application of this Part with respect to payments in lieu of taxes and varying the amounts of payments in lieu of taxes with respect to which this Part applies.  2001, c. 25, s. 327 (7). Payments in lieu of taxes required (8) If an Act of Ontario or Canada or an agreement provides for, but does not require, a payment in lieu of taxes to be paid by the Government of Ontario or Canada, a government agency of Ontario or Canada or any other person, the government, government agency or person is required, despite that Act or agreement, to pay the payment in lieu of taxes.  2001, c. 25, s. 327 (8). Same (9) Subsection (8) applies with respect to payments in lieu of taxes with respect to which this Part, but for clause (5) (c), would have applied.  2001, c. 25, s. 327 (9). Regulations (10) The Minister of Finance may by regulation, (a)  prescribe classes of real property that this Part applies to, other than the residential property class, the farm property class, the pipe line property class or the managed forests property class; (b)  exempt property, including a portion of a property, from the application of this Part; (c)  provide that this Part does not apply in a municipality. 2016, c. 37, Sched. 15, s. 6 (3). Same (11) A regulation under clause (10) (b) or (c) may provide that property is exempt or that this Part does not apply only if prescribed circumstances exist. 2016, c. 37, Sched. 15, s. 6 (3). Exempt property deemed not in classes (12) The commercial classes, the industrial classes, the multi-residential property class and any class prescribed under clause (10) (a) are deemed, for the purposes of this Part, not to include property exempted from the application of this Part under this section. 2016, c. 37, Sched. 15, s. 6 (3). Section Amendments with date in force (d/m/y) 2002, c. 22, s. 156 - 01/01/2003 2015, c. 38, Sched. 15, s. 1 - 10/12/2015 2016, c. 37, Sched. 15, s. 6 (1-3) - 08/12/2016