Re-billing for 1998
368.0.2(1)This section applies with respect to a local municipality affected by a by-law that affects taxes for 1998 passed, on or after the day the Fairness for Property Taxpayers Act, 1998 receives Royal Assent, under one of the following provisions: 1. Section 368.0.1 (New 1998 levy). 2. Subsection 372 (1) (Phase-in of 1998 assessment-related changes). 3. Subsection 447.3 (1) (By-law making Part XXII.1 apply). 4. Subsection 447.44 (1) (By-law making Division B of Part XXII.2 apply). Same, other changes (2)This section also applies with respect to a local municipality if any taxes for 1998 are changed by a reduction under section 447.58 or an increase under paragraph 2 of subsection 442.2 (13.2). Adjustments to 1998 taxes, etc. (3)The following apply with respect to 1998 taxes: 1. No obligation to pay 1998 taxes or interest or penalties on such taxes is affected except to the extent that such an obligation is varied pursuant to a by-law described in subsection (1) or by a change described in subsection (2). 2. The clerk of the municipality shall amend the collector’s roll for 1998 as necessary as a result of the by-law described in subsection (1) or the change described in subsection (2). 3. The collector of the municipality shall collect any additional amounts owing as a result of the by-law described in subsection (1) or the change described in subsection (2) and, for that purpose, the municipality shall either issue supplementary tax notices for the 1998 taxation year or increase the taxes payable on a tax notice for the 1999 taxation year, as the council of the municipality may determine. 4. If, as a result of the by-law described in subsection (1) or the change described in subsection (2), the 1998 taxes are reduced, the municipality shall reduce the taxes payable on the first tax notice for the 1999 taxation year after the collector’s roll is amended under paragraph 2.If the amounts paid on account of 1998 taxes exceed the 1998 taxes, the municipality may refund the excess amount instead of reducing the taxes payable on that first tax notice.If the municipality refunds the excess amount, the municipality shall give a notice with the refund. 5. This paragraph applies if, under paragraph 3, the municipality issues a supplementary notice or increases the taxes payable on a tax notice for the 1999 taxation year or, under paragraph 4, reduces the taxes payable on a tax notice for the 1999 taxation year or gives a notice with a refund.The notice shall set out, i. the amount the 1998 taxes would have been without the by-law described in subsection (1) or the change described in subsection (2), ii. the amount of the 1998 taxes, iii. the difference between the taxes described in subparagraph i and the taxes described in subparagraph ii, iv. explanations of how the taxes described in subparagraph i and the taxes described in subparagraph ii were calculated, and v. any other prescribed information. 6. The municipality, i. shall waive interest and penalties on amounts that were not paid when they were due and that, as a result of the by-law described in subsection (1) or the change described in subsection (2), are no longer owed, and ii. may pay interest on amounts it refunds or gives a reduction for under paragraph 4. 7. For the purposes of subparagraph i of paragraph 6, 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. Regulations (4)The Minister of Finance may make regulations, (a) governing the explanations required under subparagraph iv of paragraph 5 of subsection (3); (b) prescribing information for the purposes of subparagraph v of paragraph 5 of subsection (3). 1998, c. 33, s. 15.