Tax relief for low income seniors, etc.
373.(1) For the purposes of relieving financial hardship, the council of a municipality, other than a lower-tier municipality, may pass a by-law providing for deferrals or cancellation of, or other relief in respect of, all or part of a tax increase for 2001 and subsequent taxation years on property in the residential/farm property class for owners who are, or whose spouses or same-sex partners are, (a) low-income seniors as defined in the by-law; or (b) low-income persons with disabilities as defined in the by-law. 1997, c. 5, s. 55; 1999, c. 6, s. 40 (10); 2000, c. 25, s. 28 (1); 2001, c. 8, s. 192 (1). Tax relief must be given (2)The council of a municipality, other than a lower-tier municipality, shall pass a by-law under subsection (1). 1997, c. 5, s. 55. Definition (3)For the purposes of this section, “owner” means a person assessed as an owner. (“propriétaire”) 1997, c. 5, s. 55; 2000, c. 25, s. 28 (2). Tax increases (4) For a tax increase beginning in a taxation year in which a general reassessment occurs, the tax increase is the tax increase determined under subsection 372.2 (3) reduced, if the tax increase is being phased in under a by-law made under subsection 372.2 (1), by the amount not yet phased in. 2000, c. 25, s. 28 (3). Subsequent years (5) The Minister of Finance may make regulations determining the amount of tax increases beginning in a year subsequent to the taxation year referred to in subsection (4). 2000, c. 25, s. 28 (4). Application to lower-tiers (6)A by-law of an upper-tier municipality providing for a deferral or cancellation of tax increases or other relief in respect of tax increases also applies with respect to the tax increases for lower-tier and school purposes. 1997, c. 5, s. 55; 1998, c. 33, s. 19 (1). Amounts transferred by local municipalities adjusted (7)If a local municipality levies a tax rate for upper-tier or school purposes in respect of which there is a deferral or cancellation of tax increases or other relief in respect of tax increases, the amount of taxes the local municipality shall pay the upper-tier municipality or school boards shall be reduced accordingly. 1997, c. 29, s. 43. Deferred taxes, payments to upper-tier, school boards (8)If a local municipality levies a tax rate for upper-tier or school purposes in respect of which there is a deferral of tax increases, the local municipality shall pay the upper-tier municipality or school boards their share of any deferred taxes and interest when they are paid. 1997, c. 29, s. 43. Deferred taxes, etc. shown on tax certificates (9)The treasurer of a municipality who issues a tax certificate in respect of a property for which taxes have been deferred shall show the amount of the deferred taxes and any accrued interest on the certificate. 1997, c. 5, s. 55. Interest (10) Interest may be charged on taxes for taxation years before 2001 that are deferred under a by-law of a municipality at a rate not exceeding the market rate as determined by the municipality but no such interest may be charged for the 2001 or subsequent taxation years. 2001, c. 8, s. 192 (2). Part payments credited to interest first (11)An amount received in part payment of deferred taxes and interest shall be credited towards the interest before being credited towards the taxes. 1997, c. 5, s. 55. By-law may apply to taxes already paid (11.1)A by-law may provide for the cancellation or deferral of, or other relief in respect of, taxes that have already been paid. 1998, c. 33, s. 19 (2). Interest and penalties (11.2)The municipality whose council passed the by-law under subsection (1) or, if the municipality is an upper-tier municipality, the lower-tier municipality, (a) may waive interest and penalties on amounts that were not paid when they were due and that, as a result of the deferral, cancellation or other relief, are no longer owed; and (b) may pay interest on amounts paid on account of taxes that, as a result of the deferral, cancellation or other relief, exceed the taxes. 1998, c. 33, s. 19 (2). Same (11.3)For the purposes of clause (11.2) (a), if different parts of the taxes were due at different times the amounts that are no longer owed shall be deemed to have been the latest taxes due. 1998, c. 33, s. 19 (2). Special lien, application of s. 382 (12)Section 382 applies, with necessary modifications, with respect to deferred taxes and interest on such taxes. 1997, c. 5, s. 55. Past deferrals to continue (13) This section, as it read on December 31, 2000, continues to apply to deferrals given under this section prior to that date. 2000, c. 25, s. 28 (5).