Definitions
210.1(1)In this section, “land” means land as defined in section 1 of the Assessment Act; (“bien-fonds”) “municipality” includes a metropolitan, regional and district municipality and the County of Oxford; (“municipalité”) “person” includes a municipality; (“personne”) “school board” has the same meaning as “board” in subsection 1 (1) of the Education Act but does not include a board established under section 68 of that Act. (“conseil scolaire”) 1993, c. 26, s. 48; 1997, c. 31, s. 155 (10). Agreements for municipal capital facilities (2)The council of a municipality may enter into agreements for the provision of municipal capital facilities by any person. 1993, c. 26, s. 48. Contents of agreements (3) Agreements under subsection (2) may allow for, (a) the lease, operation or maintenance of the facilities by any person; (b) lease payments to be expressed and payable, partly or wholly, in one or more prescribed foreign currencies; and (c) the sale or other disposition of municipal land or buildings that are still required for the purposes of the municipality despite any provision of this or any other Act permitting a municipality to sell or otherwise dispose of land or buildings when they are no longer required for the purposes of the municipality. 2001, c. 25, s. 478 (3). Financial agreements (3.1) For the purpose of minimizing costs or counteracting the risk associated with making lease payments in foreign currency because of fluctuations in rates of exchange between the Canadian dollar and other currencies, a prescribed municipality may enter into prescribed financial agreements with prescribed persons. 2001, c. 25, s. 478 (4). Assistance by municipality (4)Despite section 111, the council of a municipality may provide financial or other assistance at less than fair market value or at no cost to any person who has entered into an agreement to provide facilities under subsection (2), and such assistance may include, (a) giving or lending money and charging interest; (b) giving, lending, leasing or selling property; (c) guaranteeing borrowing; and (d) providing the services of employees of the municipality. 1993, c. 26, s. 48. Restriction (5)The assistance shall only be in respect of the provision, lease, operation or maintenance of the facilities that are the subject of the agreement. 1993, c. 26, s. 48. Notice of agreement by-law (6)Upon the passing of a by-law permitting a municipality to enter into an agreement under subsection (2), the clerk of the municipality shall give written notice of the by-law to the Minister of Education and Training. 1993, c. 26, s. 48. Tax exemption (7)Despite any Act, the council of a municipality may exempt from taxation for municipal and school purposes land or a portion of it on which municipal capital facilities are or will be located that, (a) is the subject of an agreement under subsection (2); (b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (2); and (c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality. 1993, c. 26, s. 48. Development charges exemption (8)Despite the Development Charges Act, 1997, a by-law passed under subsection (7) may provide for a full or partial exemption for the facilities from the payment of development charges imposed by the municipality under that Act. 1997, c. 27, s. 72 (3). Note: Subsection (8) as it read immediately before March 1, 1998 continues to apply with respect to the Development Charges Act as that Act applies under subsection 62 (2) of the Development Charges Act, 1997.  See: 1997, c. 27, s. 72 (5). Notice of tax exemption by-law (9)Upon the passing of a by-law under subsection (7), the clerk of the municipality shall give written notice of the contents of the by-law to, (a) the assessment commissioner; (b) the clerk of any other municipality that would, but for the by-law, have had authority to levy rates on the assessment for the land exempted by the by-law; and (c) the secretary of any school board if the area of jurisdiction of the board includes the land exempted by the by-law. 1993, c. 26, s. 48; 2001, c. 25, s. 478 (5). When agreement entered into (9.1) If a municipality designated as a service manager under the Social Housing Reform Act, 2000 has entered into an agreement under this section with respect to housing capital facilities, any other municipality that has not entered into an agreement under this section with respect to the capital facilities and that contains all or part of the land on which the capital facilities are or will be located may exercise the power under subsections (4), (7) and (8) with respect to the land and the capital facilities and, (a) a tax exemption under subsection (7) applies to taxation for its own purposes; and (b) clauses (9) (b) and (c) do not apply. 2001, c. 25, s. 478 (6). Reserve fund (10)The council of a municipality may establish a reserve fund to be used for the exclusive purpose of renovating, repairing or maintaining facilities that are provided under an agreement under subsection (2). 1993, c. 26, s. 48. Same (11)An agreement under subsection (2) may provide for contributions to the reserve fund by any person. 1993, c. 26, s. 48. Tax exemption by school board (12)Despite any Act, a school board that is authorized to enter into agreements for the provision of school capital facilities by any person may, by resolution, exempt from taxation for municipal and school purposes land or a portion of it on which the school capital facilities are or will be located that, (a) is the subject of such an agreement; (b) is owned or leased by a person who has entered an agreement to provide school capital facilities; and (c) is entirely occupied and used or intended for use for a service or function that may be provided by a school board. 1993, c. 26, s. 48. Development charges exemption (13)Despite Division E of Part IX of the EducationAct, a resolution passed under subsection (12) may provide for a full or partial exemption for the facilities from the payment of education development charges imposed by the school board under that Division. 1997, c. 31, s. 155 (11). Notice of tax exemption by school board (14)Upon the passing of a resolution under subsection (12), the secretary of the school board shall give written notice of the contents of the resolution to, (a) the assessment commissioner; (b) the clerk and the treasurer of any municipality that would, but for the resolution, have had authority to levy rates on the assessment for the land exempted by the resolution; and (c) the secretary of any other school board if the area of jurisdiction of the board includes the land exempted by the resolution. 1993, c. 26, s. 48; 2001, c. 25, s. 478 (7). Restriction on tax exemption (15)The tax exemption under subsection (7) or (12) shall not be in respect of rates under sections 218 and 221. 1993, c. 26, s. 48. Effective date of tax exemption by-law, resolution (16)A by-law passed under subsection (7) or resolution passed under subsection (12) shall specify an effective date which shall be the date of passing of the by-law or resolution or a later date. 1993, c. 26, s. 48. Tax refund, etc. (17)Section 442 applies with necessary modifications to allow for a cancellation, reduction or refund of taxes that are no longer payable as a result of a by-law or resolution passed under this section. 1993, c. 26, s. 48. Taxes struck from roll (18)Until the assessment roll has been revised, the treasurer of the local municipality shall strike from the roll taxes that are exempted by reason of a by-law or resolution passed under this section. 1993, c. 26, s. 48. Assessment Act (19)The tax exemption under subsection (7) or (12) shall be deemed to be an exemption under section 3 of the Assessment Act, but shall not affect a payment required under section 27 of that Act. 1993, c. 26, s. 48. Regulations (20)The Lieutenant Governor in Council may make regulations, (a) defining municipal capital facilities for the purposes of this section; (b) prescribing eligible municipal capital facilities or classes of them that may and may not be the subject of agreements under subsection (2); (c) prescribing eligible municipal capital facilities or classes of them for which municipalities may and may not grant tax exemptions under subsection (7); (d) prescribing rules, procedures, conditions and prohibitions for municipalities entering agreements under subsection (2); (d.1) prescribing the foreign currencies in which lease payments may be expressed and payable under subsection (3); (d.2) prescribing municipalities, persons and financial agreements for the purposes of subsection (3.1); (e) defining and prescribing eligible school capital facilities or classes of them for which school boards may and may not grant tax exemptions under subsection (12). 1993, c. 26, s. 48; 2001, c. 25, s. 478 (8). 210.2, 210.3Repealed: 1997, c. 24, s. 216.