Determination of maximum taxes, 2001
447.65 (1) Except as otherwise provided in this section and sections 447.67 and 447.70, the taxes for municipal and school purposes for 2001 to be levied on a property shall be the amount determined in accordance with the following: 1. Determine the 2000 taxes in accordance with subsection (2). 2. Add 5 per cent of the amount determined under paragraph 1 to the amount determined under paragraph 1. 3. The amount determined under paragraph 2 shall be adjusted, in accordance with the regulations, in respect of changes in taxes for municipal purposes. 4. The taxes for the property in 2001 shall be equal to the amount determined under paragraph 2 and adjusted under paragraph 3, if applicable. 2000, c. 25, s. 44; 2001, c. 23, s. 166 (1). Same (2) The 2000 taxes for a property shall be determined as follows: 1. Determine the taxes for municipal and school purposes that were levied on the property for 2000. 2. If, for the property, the 1999 assessment roll for taxation in 2000 included an amount in the subclass for vacant units and excess land prescribed under the Assessment Act, recalculate the taxes determined under paragraph 1 as if the property did not contain any vacant units. 3. If a supplementary assessment or change in classification is made under section 34 of the Assessment Act during 2000 or if an assessment or change in classification could have been made under section 34 of that Act and the appropriate change is made on the assessment roll for taxation in 2001, recalculate the taxes determined under paragraph 1 as if the increase in the assessment or change in classification, as the case may be, had applied to the property for all of 2000. 4. If section 447.34.1 applied to the property for a part of 2000, recalculate the taxes determined under paragraph 1 as if section 447.34.1 had applied to the property for all of 2000. 5. If the assessment of a property whose classification is in the subclass for vacant land on the assessment roll for taxation in 2001 increases as a result of an improvement to that property during 2000 and if no portion of any building on the property begins to be used for any purpose during 2000, recalculate the taxes determined under paragraph 1 as if the increase in the assessment had applied to the property for all of 2000. 6. If the council of a municipality cancels, reduces or refunds taxes under section 442 for 2000 on an application under clause 442 (1) (a), (c) or (f) or under section 443 for 2000, recalculate the taxes determined under paragraph 1 as if the event that caused the cancellation, reduction or refund had occurred on January 1, 2000. 7. If a property was, on December 31, 1998, in territory without municipal organization but, on January 1, 1999 was part of a municipality specified in Table 6.1 of Ontario Regulation 7/99, the taxes for municipal purposes shall be determined, for the purposes of paragraph 1, as if the total amount determined in accordance with the formula under subsection 24.2 (3) of that Regulation had been used to determine the taxes for municipal purposes for 2000. 8. If a property was, on December 31, 1999, in territory without municipal organization but, on January 1, 2000, was part of a municipality specified in Table 6.2 of Ontario Regulation 7/99, the taxes for municipal purposes shall be determined, for the purposes of paragraph 1, as if two-thirds of the amount determined in accordance with the formula under subsection 24.2 (3) of that Regulation had been used to determine the taxes for municipal purposes for 2000. 9. If a property is, on December 31, 2000, in territory without municipal organization but, on January 1, 2001, becomes part of a municipality, the taxes for municipal purposes shall, for the purposes of paragraph 1, be the taxes for municipal purposes that will be levied on the property in 2001 under subsection 447.64 (3). 2000, c. 25, s. 44. Regulations (3) The Minister of Finance may make regulations providing for adjustments under paragraph 3 of subsection (1) in respect of changes in taxes for municipal purposes. 2000, c. 25, s. 44. Different adjustments (4) A regulation under subsection (3) may provide for different adjustments to different properties, property classes and municipalities. 2000, c. 25, s. 44. Adjustment (5) If, as a result of a request under section 39.1 of the Assessment Act, a complaint under section 40 of that Act, an application under section 46 of that Act, an application under section 447.26 or a determination under section 447.26.1, the taxes for municipal and school purposes for a property for 2000 are recalculated, the amount under paragraph 1 of subsection (2) shall be adjusted accordingly. 2000, c. 25, s. 44. Omitted assessments (6) If, as a result of an assessment under subsection 32 (2) of the Assessment Act or section 33 of the Assessment Act, the total taxes for municipal and school purposes for a property for 2000 are altered, the amount under paragraph 1 of subsection (2) shall be adjusted accordingly. 2000, c. 25, s. 44. Cancellation, reduction or refund of tax under s. 442 (6.1) If the council of a municipality cancels, reduces or refunds taxes for 2001 on an application made under clause 442 (1) (c) or under such other provision of this Act as the Minister of Finance may prescribe, the amount of the cancellation, reduction or refund is calculated using the formula, B/C × D in which, “B” is the amount of the cancellation, reduction or refund of taxes for the year, but for the application of this Part, “C” is the amount of taxes for the year (without deducting the amount of the cancellation, reduction or refund of taxes) that would have been payable but for the application of this Part, and “D” is the amount of taxes for the year that would be payable under this Part if no application were made. 2001, c. 23, s. 166 (2). Prescribed provision (6.2) The Minister of Finance may prescribe by regulation one or more provisions of this Act for the purposes of subsection (6.1). 2001, c. 23, s. 166 (2). Omitted and supplementary assessments for 2001 (7) If an assessment is made in respect of property, other than a property described in subsection 447.67 (2), under section 33 or 34 of the Assessment Act increasing the assessment of the property for 2001, (a) subsection (1) does not apply to the additional taxes for municipal and school purposes for the year attributable to the increase in the assessment; and (b) the additional taxes for municipal and school purposes shall be determined in accordance with the following formula:  where, T is the additional taxes for municipal and school purposes, CT is the amount determined under subsection (1), NT is the uncapped 2001 taxes, but does not include CVAT, CVAT is the supplementary taxes for municipal and school purposes that would be payable but for the application of this subsection. 2000, c. 25, s. 44. Same (8) Despite subsection (7), the 2001 taxes for municipal and school purposes for the property for the year or portion of the year in respect of which the assessment under clause (a) or (b) of this subsection was made shall be recalculated under section 447.70 if, (a) there was an additional assessment that relates to a new building or structure erected on the property that was, prior to the assessment, assessed for 2001 as being in the subclass for vacant land under paragraph 2 of subsection 8 (1) of the Assessment Act; or (b) as a result of an additional assessment for 2001 or for 2000 and 2001 or any portion thereof, the assessment of the property is increased by an amount equal to or greater than 50 per cent of the assessment on the assessment roll before the additional assessment was made. 2000, c. 25, s. 44. Additional assessment (9) If an additional assessment is made for 2000 and for 2001, the percentage for the purposes of clause (8) (b) shall be determined as follows: 1. Determine the additional assessment for 2000. 2. Determine the assessment on the assessment roll for taxation in 2000 before the additional assessment referred to in paragraph 1 was made. 3. Divide the amount in paragraph 1 by the amount in paragraph 2. 4. Multiply the quotient in paragraph 3 by 100. 5. Add the amounts in paragraphs 1 and 2. 6. Divide the amount in paragraph 2 by the amount in paragraph 5. 7. Multiply the quotient determined in paragraph 6 by the assessment on the assessment roll for taxation in 2001. 8. Determine the additional assessment for 2001. 9. Divide the amount in paragraph 8 by the amount in paragraph 7. 10. Multiply the quotient in paragraph 9 by 100. 11. Add the percentages in paragraphs 4 and 10. 2000, c. 25, s. 44. Same (10) If the percentage in paragraph 11 of subsection (9) is equal to or greater than 50, subsection (8) applies for 2001. 2000, c. 25, s. 44. If s. 447.34.1 applied in 2000 (11) If section 447.34.1 applied to the property for 2000 or a part of 2000, subsection (8) does not apply for 2001. 2000, c. 25, s. 44. Limitation (12) Despite subsection (1) but subject to section 447.67, if the amount determined under subsection (1) exceeds the uncapped 2001 taxes, the taxes for municipal and school purposes under this Part for 2001 shall be equal to the uncapped 2001 taxes. 2000, c. 25, s. 44. Definitions (13) In this section, “additional assessment” means one or more assessments made under section 33 or 34 of the Assessment Act; (“évaluation additionnelle”) “uncapped 2001 taxes” means the taxes for municipal and school purposes that would have been imposed for 2001 but for the application of this Part. (“impôts de 2001 non plafonnés”) 2000, c. 25, s. 44.