Increases in assessment
447.10(1)This section sets out the changes to be made to the frozen assessment listing for 1999 or 2000 if the assessment of a property to which this Part applies, as set out in the assessment roll for that year, as most recently revised, increases from the assessment set out in the assessment roll for the previous year as a result of, (a) an assessment made during the previous year under subsection 33 (1) of the Assessment Act; or (b) an adjustment made on the assessment roll for the year as a result of the erection, alteration, enlargement or improvement of a building, a structure, machinery, equipment or a fixture that occurred during a previous year. 1998, c. 3, s. 30; 1999, c. 9, s. 156 (1). Note: Clause (b), as re-enacted by the Statutes of Ontario, 1999, chapter 9, subsection 156 (1), applies with respect to the 1998 and subsequent taxation years. See: 1999, c. 9, s. 156 (3). Changes to frozen assessments (2) The assessments, referred to in subsection 447.5 (4), in the frozen assessment listing for the year shall be changed as follows: 1. The total assessment shall be increased so that it equals the assessment set out in the assessment roll for the year multiplied by a factor prescribed in the regulations unless subsection (3) applies, in which case the total assessment shall be increased by the amount determined under that subsection. 2. The commercial assessment shall be increased by the same amount the total assessment was increased by under paragraph 1. 3. The business assessment shall be increased by the increase in the commercial assessment multiplied by the average business rate determined under section 447.13. 1998, c. 3, s. 30. Special rule for alterations, etc. (3) If the assessment of the property is increased as a result of the alteration, enlargement or improvement of any building, structure, machinery, equipment or fixture or any portion thereof, the total assessment shall be increased under paragraph 1 of subsection (2) by an amount determined in accordance with the following:  Where, “Increase in assessment” means the increase in the assessment on the assessment roll; “Old assessment” means the assessment on the assessment roll before the increase; “Frozen assessment” means the total assessment on the frozen assessment listing. 1998, c. 3, s. 30. Special rule, certain new buildings (4) Subsection (3) applies if the assessment of the property is increased as a result of the erection of a new building and the following are satisfied: 1. There is another building on the property that was on the property on January 1, 1998 and that remains after the erection of the new building. 2. The increase in the assessment on the assessment roll is less than 50 per cent of the assessment on the assessment roll before the increase. 1998, c. 33, s. 30. Application to 1998, supplementary assessments (5) This section also applies, with necessary modifications, with respect to the frozen assessment listing for 1998 if a further assessment of a property could have been, but was not, made under section 34 of the Assessment Act for 1997 but the increase that would have resulted from that further assessment is reflected in the assessment set out in the assessment roll for 1998. 1998, c. 33, s. 30. Improvements to vacant land (6) Subsection (3) also applies to increases in the assessment of vacant land on the assessment roll for 1999 or 2000 as a result of an improvement to that land if no portion of any building on the land is ready to be occupied. 1999, c. 9, s. 156 (2). Note: Subsection (6), as enacted by the Statutes of Ontario, 1999, chapter 9, subsection 156 (2), applies with respect to the 1998 and subsequent taxation years. See: 1999, c. 9, s. 156 (3). Omitted assessments (7) If an assessment for a property that is made in a year under subsection 33 (1) of the Assessment Act applies to the year or to either or both of the next two preceding years, the clerk of the municipality shall revise the frozen assessment listing for the year or for the preceding year or years as provided under this section and the taxes that would have been payable if the changes had been made to the frozen assessment listing in the year shall be levied and collected. 2000, c. 25, s. 40. More than one supplementary assessment (8) If, as a result of more than one supplementary assessment made under section 34 of the Assessment Act after January 1, 1998 in respect of a property described in paragraph 1 of subsection (4), the increase in the assessment on the assessment roll is equal to or greater than 50 per cent of the assessment of the property on the assessment roll prior to any of the supplementary assessments being made, subsection (4) does not apply to the property and the assessment on the frozen assessment listing shall be recalculated under subsection (2) following the supplementary assessment that increases the total assessment of the property on the assessment roll by an amount equal to or greater than 50 per cent of the assessment on the assessment roll. 2000, c. 25, s. 40. Application (9) Subsections (7) and (8) apply to the 1998 and subsequent taxation years. 2000, c. 25, s. 40.