General local municipality levy, etc.
368.(1)In this section, “commercial classes” has the meaning given to that expression by subsection 363 (20); (“catégories commerciales”) “general local municipality levy” means an amount sufficient for payment of the estimated expenditures adopted for the year under section 367 less amounts to be raised for upper-tier or school purposes and less the amount of any special local municipality levies to be raised; (“impôt général local”) “industrial classes” has the meaning given to that expression by subsection 363 (20); (“catégories industrielles”) “optional property class” has the meaning given to that expression by subsection 363 (20); (“catégorie de biens facultative”) “special local municipality levy” means an amount to be raised on less than all the rateable property in the local municipality. (“impôt extraordinaire local”) 1997, c. 5, s. 55; 2001, c. 23, s. 157 (1). General local municipality levies (2)For purposes of raising the general local municipality levy, the council of a local municipality shall, each year, pass a by-law levying a separate tax rate, as specified in the by-law, on the assessment in each property class in the local municipality rateable for local municipality purposes. 1997, c. 5, s. 55. Assessment for general local municipality levy purposes (2.1) For the purposes of subsection (2), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if, (a) the taxation year is 2001 or a subsequent taxation year; and (b) the adjustments are made on the collector’s roll before, (i) the by-law mentioned in subsection (2) is passed for the taxation year, or (ii) the by-law mentioned in subsection 366 (2) is passed for the taxation year, if the local municipality is a lower-tier municipality. 2001, c. 8, s. 191. Special local municipality levies (3)For purposes of raising a special local municipality levy, the council of a local municipality shall, each year, pass a by-law levying a separate tax rate, as specified in the by-law, on all or part of the assessment, as specified in the by-law, in each property class in the local municipality rateable for local municipality purposes. 1997, c. 5, s. 55. Assessment for special local municipality levy purposes (3.1) For the purposes of subsection (3), the assessment in each property class includes any adjustments made under section 32, 33, 34, 39.1 or 40 of the Assessment Act to the assessments on the assessment roll as returned for the taxation year if, (a) the taxation year is 2001 or a subsequent taxation year; and (b) the adjustments are made on the collector’s roll before, (i) the by-law mentioned in subsection (3) is passed for the taxation year, or (ii) the by-law mentioned in subsection 366 (3) is passed for the taxation year, if the local municipality is a lower-tier municipality. 2001, c. 8, s. 191. Restrictions on rates (4)The tax rates to be levied under subsection (2) or (3) are subject to the following restrictions: 1. The rates must be set so that, when they are levied on the applicable assessment rateable for local municipality purposes, an amount equal to the general local municipality levy or special local municipality levy, as the case may be, is raised. 2. The rates on the different classes of property must be in the same proportion to each other as the tax ratios established under section 363 for the property classes are to each other. 1997, c. 5, s. 55. Exception, tax increases (4.1) Despite subsection (4), if the tax ratio or average tax ratio for the property class for the 2001 taxation year or a subsequent taxation year is above the tax ratio for the property class as prescribed under clause (4.3) (a), tax rates to be levied on property in the property class shall be determined in the manner provided under clause (4.3) (b). 2000, c. 25, s. 22 (1). Average tax ratio (4.2) For the purpose of subsection (4.1), the average tax ratio shall be equal to the average transition ratio for the municipality determined under subsection 363 (21) for the commercial classes or for the industrial classes. 2000, c. 25, s. 22 (1). Exception (4.2.1) Despite subsection (4.2), if a municipality opts to have an optional property class apply within the municipality for 2001 or a subsequent taxation year, the municipality may establish an average tax ratio for the commercial classes or for the industrial classes for that year, whichever includes the optional property class, using the assessment as determined under subsection (2.1), and the average tax ratio must not exceed the tax ratio prescribed under clause (4.3) (a). 2001, c. 23, s. 157 (2). Regulations (4.3) The Minister of Finance may make regulations, (a) prescribing a tax ratio for a property class for the purpose of subsection (4.1), including a single tax ratio for the commercial classes or industrial classes; (b) providing the manner in which the tax rates on property in a property class are to be determined under subsection (4.1); (c) providing for the determination of changes in taxes for municipal purposes for a property class. 2000, c. 25, s. 22 (1). General or specific (4.4) A regulation under subsection (4.3) may be general or specific in its application and may provide that the regulation does not apply to specified municipalities. 2000, c. 25, s. 22 (1). Regulations, funding of rebates (5)The Minister of Finance may make regulations allowing, subject to conditions prescribed in the regulations, the tax rate for a property class to be greater than would be allowed under paragraph 2 of subsection (4) for the purpose of allowing additional taxes to be levied on property in the property class to fund rebates under section 442.1 on the following property: 1. Property in the property class. 2. If the property class is one of the commercial classes within the meaning of subsection 363 (20), property in those classes. 3. If the property class is one of the industrial classes within the meaning of subsection 363 (20), property in those classes. 1998, c. 3, s. 16; 2000, c. 25, s. 22 (2). Funding of rebates under section 442.1, commercial (6)The tax rates for the commercial classes, within the meaning of subsection 363 (20), shall be set as allowed under the regulations under subsection (5) so that the tax rates are higher than would be allowed under paragraph 2 of subsection (4) to the extent necessary to raise additional taxes to fund the local municipality’s share of the cost of rebates under section 442.1 on property in the commercial classes. 1998, c. 33, s. 14; 2000, c. 25, s. 22 (3). Funding of rebates under section 442.1, industrial (7)The tax rates for the industrial classes, within the meaning of subsection 363 (20), shall be set as allowed under the regulations under subsection (5) so that the tax rates are higher than would be allowed under paragraph 2 of subsection (4) to the extent necessary to raise additional taxes to fund the local municipality’s share of the cost of rebates under section 442.1 on property in the industrial classes. 1998, c. 33, s. 14; 2000, c. 25, s. 22 (4). Special reductions (8)A local municipality may, with the written approval of the Minister of Finance, set a tax rate for a property class that is lower than would otherwise be allowed under this section. 1998, c. 33, s. 14.