jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
 1. (1) In this Regulation, “commercial classes” has the meaning set out in subsection 275 (1) of the Act; “industrial classes” has the meaning set out in subsection 275 (1) of the Act; “optional property class” has the meaning set out in subsection 275 (1) of the Act; “previous year” means, in respect of a taxation year, the immediately preceding taxation year; “specified residential class” means the residential, farm, managed forest or new multi-residential property class; “taxation year” means a calendar year; “unadjusted tax ratio” means, in respect of a property class in a taxation year, (a)  the tax ratio for the property class for the previous year, or (b)  if section 7 applied to the property class in the previous year, the tax ratio for the property class for the taxation year that is determined under subsection 6 (1). O. Reg. 121/07, s. 1 (1); O. Reg. 161/09, s. 1; O. Reg. 58/10, s. 1; O. Reg. 338/11, s. 1; O. Reg. 63/12, s. 1; O. Reg. 443/12, s. 1; O. Reg. 5/14, s. 1; O. Reg. 11/15, s. 1; O. Reg. 104/16, s. 1; O. Reg. 64/17, s. 1; O. Reg. 23/18, s. 1; O. Reg. 66/19, s. 1; O. Reg. 5/20, s. 1; O. Reg. 44/21, s. 1; O. Reg. 333/21, s. 1; O. Reg. 577/22, s. 1. (2) For the purposes of this Regulation, the tax rate for a taxation year for school purposes is the tax rate prescribed for that year under section 257.12 of the Education Act.  O. Reg. 121/07, s. 1 (2). part ii   Traditional Municipal Taxes Tax Ratios — Allowable Ranges (Subsection 275 (6) of the Act)
PART II TRADITIONAL MUNICIPAL TAXES
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Tax Ratios — Allowable Ranges (Subsection 275 (6) of the Act)
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Allowable ranges for tax ratios
 2. (1) The allowable ranges for tax ratios set out in the Table to this section are prescribed, for the purposes of subsection 275 (6) of the Act, for the property classes set out in the Table.  O. Reg. 121/07, s. 2 (1). (2) The upper and lower limits of the ranges are included in the ranges.  O. Reg. 121/07, s. 2 (2). TABLE   ALLOWABLE RANGES FOR TAX RATIOS  Property class   Allowable range for tax ratio 

  Multi-residential property class   1.0 to 1.1 

  Commercial property class   0.6 to 1.1 

  Industrial property class   0.6 to 1.1 

  Pipe line property class   0.6 to 0.7 

  New multi-residential property class   1.0 to 1.1 

  Office building property class   0.6 to 1.1 

  Shopping centre property class   0.6 to 1.1 

  Parking lots and vacant land property class   0.6 to 1.1 

  Large industrial property class   0.6 to 1.1 

  Professional sports facility property class   0.001 to 1.1 

  Resort condominium property class   1.0 to 1.001 

  Residual commercial property class   0.6 to 1.1 O. Reg. 121/07, s. 2, Table; O. Reg. 93/08, s. 1.
Transition ratio for residual commercial property class
 2.1 For the purposes of subsection 275 (8) of the Act, the transition ratio for the residual commercial property class for the 2008 taxation year is 3.67373.  O. Reg. 93/08, s. 2.
Transition ratio for multi-residential property class, higher percentage
 2.2.1 (1) This section applies for a taxation year if, (a)  in comparison to the previous year, the percentage of total tax revenue for the taxation year derived from tax on property in the multi-residential property class would be higher in the taxation year if the unadjusted tax ratio for the taxation year was applied; (b)  the unadjusted tax ratio for the multi-residential property class for the taxation year is equal to or greater than 2.0; and (c)  the City does not establish a tax ratio under subsection 2.2 (2). O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 3. (2) The transition ratio for the multi-residential property class for the taxation year is the greater of 2.0 and the transition ratio for the property class determined using the rules set out in subsection 2.2 (5). O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 3.
Transition ratio for multi-residential property class, lower percentage
 2.2.2 (1) This section applies for a taxation year if, in comparison to the previous year, the percentage of total tax revenue for the taxation year derived from tax on property in the multi-residential property class would be lower in the taxation year if the unadjusted tax ratio for the taxation year was applied. O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 4. (2) If the unadjusted tax ratio for the multi-residential property class is equal to or greater than 2.0, the transition ratio for the property class for the taxation year is equal to the unadjusted tax ratio. O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 4. (3) If the unadjusted tax ratio for the multi-residential property class is less than 2.0 and if the City establishes a tax ratio under subsection 2.2 (2), the transition ratio for the property class for the taxation year is the lesser of 2.0 and the transition ratio for the property class determined using the rules set out in subsection 2.2 (5). O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 4.
Transition ratio for multi-residential property class, equal percentage
 2.2.3 (1) This section applies for a taxation year if the percentage of total revenue for the a taxation year derived from tax on property in the multi-residential property class would be the equal to the previous year’s if the unadjusted tax ratio for the taxation year was applied. O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 5. (2) If the unadjusted tax ratio for the multi-residential property class is equal to or greater than 2.0, the transition ratio for the property class for the taxation year shall be determined as follows: 1.  Take the greater of 2.0 and the transition ratio for the property class determined using the rules set out in subsection 2.2 (5). 2.  The transition ratio is the lesser of the amount determined under paragraph 1 and the unadjusted tax ratio for the property class. O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 5. (3) If the unadjusted tax ratio for the multi-residential property class is less than 2.0 and if the City establishes a tax ratio under subsection 2.2 (2), the transition ratio for the property class for the taxation year is the lesser of 2.0 and the transition ratio for the property class determined using the rules set out in subsection 2.2 (5). O. Reg. 64/17, s. 3; O. Reg. 577/22, s. 5.
New multi-residential class
 2.3 For the 2017 taxation year, the transition ratio for the new multi-residential class in the City is 1.0. O. Reg. 263/17, s. 1.
Transition ratio for new classes
 2.4 The following rules apply for the purposes of subsection 275 (8) of the Act in determining the transition ratio for a property class in the City for a taxation year: 1.  Subject to section 2.3, the transition ratio for a property class other than an optional property class is the upper limit of the allowable range of tax ratios prescribed for the property class if no property class was classified in the property class in the previous year.  O. Reg. 161/09, s. 2; O. Reg. 58/10, s. 4; O. Reg. 263/17, s. 2; O. Reg. 577/22, s. 6.
Average transition ratios
 2.5 (1) The following rules apply for the purposes of subsection 275 (8) of the Act for a taxation year: 1.  The prescribed average transition ratio for the commercial classes is the weighted average of the taxation year’s transition ratios for the property classes within the commercial classes. 2.  The prescribed average transition ratio for the industrial classes is the weighted average of the taxation year’s transition ratios for the property classes within the industrial classes.  O. Reg. 161/09, s. 2; O. Reg. 58/10, s. 5 (1-3); O. Reg. 577/22, s. 7. (2) For the purposes of subsection (1), the weighted average of the taxation year’s transition ratios shall be calculated using the formula in subsection 275 (12) of the Act, except that the phrase “tax ratios” in the portion before paragraph 1 shall be read as “transition ratios” and the phrase “tax ratio” in paragraph 1 shall be read as “transition ratio”.  O. Reg. 161/09, s. 2; O. Reg. 58/10, s. 5 (4); O. Reg. 577/22, s. 7. (3) This section does not apply to determine transition ratios for the commercial classes or industrial classes, as the case may be, in the first year an optional property class applies in a municipality.  O. Reg. 161/09, s. 2.
Optional property classes, transition ratios and average transition ratios
 2.6 (1) For the purposes of subsection 275 (8) of the Act, the transition ratio for an optional property class if no property was classified in the optional property class in the previous year is equal to the tax ratio that would apply to the property that is in the optional property class if the optional property class had not been adopted. O. Reg. 577/22, s. 8. (2) For the purposes of subsection 275 (9) of the Act, the average transition ratio for the commercial classes or the industrial classes, as the case may be, for the first year that an optional property class applies or ceases to apply in a municipality is equal to, (a)  if the optional property class is one of the commercial classes, the weighted average, for the previous year, of the tax ratios for the commercial classes as determined in accordance with subsection 275 (12) of the Act; and (b)  if the optional property class is one of the industrial classes, the weighted average, for the previous year, of the tax ratios for the industrial classes as determined in accordance with subsection 275 (12) of the Act. O. Reg. 577/22, s. 8. Local Municipal Levies — Exceptions (Subsection 277 (7) of the Act)
Local Municipal Levies — Exceptions (Subsection 277 (7) of the Act)
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General tax rate if s. 277 (7) of the Act applies
 3. (1) This section provides for the manner in which the tax rates on property in a property class are to be determined under subsection 277 (7) of the Act if the conditions set out in that subsection are satisfied.  O. Reg. 121/07, s. 3 (1). (2) The tax rate for the general levy for the taxation year for the property class shall not exceed the sum of, (a)  the maximum class rate for the year determined for the property class under section 7; and (b)  the additional rate for the property class for the year that is determined under subsection (3) if, (i)  the City has calculated the tax rate for the property class under section 8 or 9, and (ii)  the property class is one of the commercial classes or industrial classes.  O. Reg. 121/07, s. 3 (2). (3) The additional rate for a property class for a taxation year for the purposes of clause (2) (b) is determined in the following manner: 1.  Determine the lowest rate that would raise an amount sufficient to fund rebates made under section 329 of the Act in respect of property in, i.  the commercial classes, if the property class is one of the commercial classes, or ii.  the industrial classes, if the property class is one of the industrial classes. 2.  If the property class is one of the commercial classes, allocate to the property class the rate that will result in the rates on all the commercial classes being in the same proportion to one another as the tax ratios established under section 275 of the Act for the commercial classes. 3.  If the property class is one of the industrial classes, allocate to the property class the rate that will result in the rates on all the industrial classes being in the same proportion to one another as the tax ratios established under section 275 of the Act for the industrial classes.  O. Reg. 121/07, s. 3 (3). (4) Despite clause (2) (a), the City may elect to apply a different tax rate for the general levy for the taxation year for the property class that does not exceed the rate determined using the formula, A x {1 + 0.5 × [(B – C) / C]} in which, “A”  is the notional tax rate, as calculated under section 14 of this Regulation for the property class to which subsection 277 (7) of the Act applies, excluding the tax rate for school purposes, “B”  is the actual tax rate for the residential property class as calculated under section 18 excluding the tax rate for school purposes, and “C”  is the notional tax rate for the residential property class as calculated under section 19 excluding the tax rate for school purposes. O. Reg. 121/07, s. 3 (4); O. Reg. 106/08, s. 1; O. Reg. 161/09, s. 3 (1); O. Reg. 66/19, s. 2; O. Reg. 577/22, s. 9. (5) Subsection (4) does not apply to the multi-residential property class and the landfill property class. O. Reg. 63/17, s. 1; O. Reg. 133/17, s. 1.
Municipal levy restriction thresholds
 4. The following tax ratios are prescribed for the purposes of subsection 277 (7) of the Act: 1.  For the multi-residential property class, 2.00. 2.  For the commercial classes, 1.98. 3.  For the industrial classes, 2.63. 4.  For the landfill property class, 25.00. O. Reg. 121/07, s. 4; O. Reg. 63/17, s. 2; O. Reg. 133/17, s. 2.
Special levy for tax increase
 5. (1) If, in a taxation year, subsection 6 (1) or (2) applies to a property class of the City, the City shall raise an amount by special levy equal to the amount by which its revenue was reduced by the application of that subsection to the property class.  O. Reg. 121/07, s. 5 (1). (2) The special levy shall be raised under subsection 277 (4) of the Act on all property that is not in a property class to which subsection 6 (1) or (2) applies for the year.  O. Reg. 121/07, s. 5 (2).
Maximum tax ratios
 6. (1) If section 5 of this Regulation applied in the previous year, the tax ratio established by the City under section 277 of the Act for the property class for a taxation year shall not exceed the tax ratio calculated in the following manner: 1.  Identify the general levy tax rate for the residential property class, as determined by the City for the previous year under section 277 of the Act. 2.  Determine the increased residential tax rate by adding the tax rate identified in paragraph 1 and the rate for the special levy for the residential property class for the previous year, as determined under section 5. 3.  Divide the previous year’s general levy tax rate for the property class that is subject to section 3 of this Regulation, as determined by the City for the previous year under section 277 of the Act, by the increased residential tax rate determined under paragraph 2.  O. Reg. 121/07, s. 6 (1); O. Reg. 58/10, s. 6. (2) If section 6 of Ontario Regulation 73/03 (Tax Matters — Special Tax Rates and Limits, 2003 and Later Years) made under the Municipal Act, 2001
applied in 2006, the tax ratio established by the City under section 277 of the Act for the property class for 2007 shall not exceed the tax ratio calculated in the following manner: 1.  Identify the general levy tax rate for the residential property class, as determined by the City for 2006 under section 308 of the Municipal Act, 2001. 2.  Determine the increased residential tax rate by adding the tax rate identified in paragraph 1 and the rate for the special levy for the residential property class for 2006, as determined under section 6 of Ontario Regulation 73/03. 3.  Divide the general levy tax rate for the property class that is subject to section 3 of this Regulation, as determined by the City for 2006 under section 308 of the Municipal Act, 2001, by the increased residential tax rate determined under paragraph 2.  O. Reg. 121/07, s. 6 (2).
Graduated Tax Rates (Subsection 279 (1) of the Act)
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Landfill property class
 7.0.1 The landfill property class is prescribed for the purposes of clause 279 (1) (a) of the Act. O. Reg. 63/17, s. 4.
Non-application of s. 279 of the Act
 7.0.1.1 Section 279 of the Act and any by-law made under that section do not apply to property, (a)  that is in the farmland awaiting development subclass described in subsection 19 (2) of Ontario Regulation 282/98 (General) made under the Assessment Act; and (b)  for which tax rates levied for municipal purposes are reduced under section 278 of the Act or a regulation or by-law made under that section. O. Reg. 44/21, s. 2. Application of Part XII of the Act And Phasing Out of the Part
Application of Part XII of the Act And Phasing Out of the Part
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Landfill property class
 7.0.2 (1) Part XII of the Act applies to property in the landfill property class in the City if the City has passed a by-law providing that the Part applies. O. Reg. 133/17, s. 4. (2) A by-law under subsection (1) must be passed in the first taxation year to which it applies. O. Reg. 133/17, s. 4.
By-law to exempt property from the application of Part XII
 7.1 (1) A property is exempt from the application of Part XII of the Act for a taxation year if a by-law has been enacted by the City that provides that this section applies within the City for the taxation year. O. Reg. 133/17, s. 5. (2) A by-law under subsection (1) may require that any of the following conditions must be met in order for a property to be exempt: 1.  The taxes for the property in the previous taxation year were equal to its uncapped taxes for that taxation year. 2.  As a result of Part XII of the Act, the taxes for the property in the previous taxation year were lower than the property’s uncapped taxes for that taxation year, but in the current taxation year, if Part XII of the Act applied, the property’s taxes would be equal to its uncapped taxes, or a tax decrease for the property would be limited. 3.  A tax decrease for the property in the previous taxation year was limited under Part XII of the Act, but in the current taxation year, if Part XII of the Act applied, the property’s taxes would be equal to its uncapped taxes, or a tax increase for the property would be limited. O. Reg. 133/17, s. 5. (3) A by-law under subsection (1) must be passed in the first taxation year to which it applies. O. Reg. 133/17, s. 5.
By-law to end the application of Part XII immediately
 7.2 (1) The City may pass a by-law providing that Part XII of the Act does not apply to any property in the commercial classes, to any property in the industrial classes or to any property in the multi-residential property class if, in the previous taxation year in the City, there were no properties within the commercial classes, industrial classes or multi-residential property class, as the case may be. O. Reg. 133/17, s. 5. (2) The City may pass a by-law providing that Part XII of the Act does not apply to any property in the commercial classes, to any property in the industrial classes or to any property in the multi-residential property class if, in the previous taxation year in the City, the taxes for every property in the commercial classes, industrial classes or multi-residential property class, as the case may be, were equal to the uncapped taxes for the property for the taxation year, as shown on the final tax bill for the taxation year for the property. O. Reg. 133/17, s. 5. (3) A by-law under this section applies to the taxation year in which it is passed and to subsequent taxation years and cannot be revoked. O. Reg. 133/17, s. 5.
By-law to phase out the application of Part XII
 7.3 (1) Subject to subsection (2), the City may pass a by-law providing that the amount of taxes for municipal and school purposes for a taxation year under subsection 291 (1) of the Act for all property in the commercial classes, the industrial classes, the landfill property class or the multi-residential property class shall be calculated in accordance with subsections (4) and (5) of this section. O. Reg. 133/17, s. 5. (2) The City may only pass a by-law under subsection (1) if, in the previous taxation year, the taxes for each property in the commercial classes, the industrial classes, the landfill property class or the multi-residential property class, as the case may be, were equal to or greater than 50 per cent of the uncapped taxes for the property for the taxation year, as shown on the final tax bill for the taxation year for the property. In determining whether the taxes for each property in a class were equal to or greater than 50 per cent of its uncapped taxes, the City may opt to exclude properties in a subclass for vacant land. O. Reg. 133/17, s. 5. (3) A by-law under subsection (1) must be passed in the first taxation year to which it applies. O. Reg. 133/17, s. 5. (4) A by-law under subsection (1) does not apply to a property in a taxation year if the taxes for the property for the taxation year that would have been calculated for the property but for the application of the by-law (but including the application of any other option contained in a by-law passed by the City under Part XII of the Act) are equal to the uncapped taxes for the property for the taxation year. O. Reg. 133/17, s. 5. (5) If a by-law under subsection (1) applies to a property in a taxation year, the taxes for the property shall be calculated as follows: 1.  Subtract the taxes for the property as determined under paragraph 4 of subsection 291 (1) of the Act from the uncapped taxes for the property. 2.  Multiply the amount determined under paragraph 1 by, i.  one-quarter, if the by-law under subsection (1) did not apply to the property in the previous taxation year, ii.  one-third, if the by-law under subsection (1) applied to the property in the previous taxation year but not in the taxation year before that, or iii.  one-half, if the by-law under subsection (1) applied to the property in the previous two taxation years. 3.  The taxes for the property for the taxation year shall be equal to the sum of the amount determined under paragraph 2 and the taxes for the property as determined under paragraph 4 of subsection 291 (1) of the Act. O. Reg. 133/17, s. 5. (6) If a by-law made under subsection (1) applies in the City to a property in the commercial classes, the industrial classes, the landfill property class or the multi-residential property class for three consecutive taxation years, every property in that class or in those classes in the City, as applicable, is exempt from the application of Part XII of the Act for every subsequent taxation year. O. Reg. 133/17, s. 5. Local Municipal Levies — Funding of Rebates (Subsection 277 (11) of the Act)
Local Municipal Levies — Funding of Rebates (Subsection 277 (11) of the Act)
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Tax rate increases, general, re rebates to charities
 8. (1) This section applies with respect to rebates under section 329 of the Act other than rebates described in subsection 9 (1).  O. Reg. 121/07, s. 8 (1). (2) The tax rate for a property class may be greater than would be allowed under paragraph 2 of subsection 277 (6) of the Act to the extent necessary to raise an amount sufficient to fund the rebates under section 329 of the Act on property in the property class.  O. Reg. 121/07, s. 8 (2).
Tax rate increases, commercial and industrial classes, re rebates to charities
 9. (1) This section applies with respect to rebates under section 329 of the Act, (a)  that are given to eligible charities; and (b)  that are on property in the commercial classes or industrial classes, within the meaning of subsection 275 (1) of the Act.  O. Reg. 121/07, s. 9 (1). (2) The tax rates for the commercial classes may be greater than would be allowed under paragraph 2 of subsection 277 (6) of the Act to the extent necessary to raise an amount sufficient to fund the rebates described in subsection (1) on property in all the commercial classes subject to the requirement in subsection (3).  O. Reg. 121/07, s. 9 (2). (3) The amounts by which the tax rates for each of the commercial classes are greater than what would be allowed but for this section must be in the same proportion to each other as the tax ratios established under section 275 of the Act for the commercial classes are to each other.  O. Reg. 121/07, s. 9 (3). (4) The tax rates for the industrial classes may be greater than would be allowed under paragraph 2 of subsection 277 (6) of the Act to the extent necessary to raise an amount sufficient to fund the rebates described in subsection (1) on property in all the industrial classes subject to the requirement in subsection (5).  O. Reg. 121/07, s. 9 (4). (5) The amounts by which the tax rates for each of the industrial classes are greater than what would be allowed but for this section must be in the same proportion to each other as the tax ratios established under section 275 of the Act for the industrial classes are to each other.  O. Reg. 121/07, s. 9 (5). Subclass Tax Reductions (Subsection 278.1 (1) of the Act)
Subclass Tax Reductions (Subsection 278.1 (1) of the Act)
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Small-scale on-farm business subclasses
 9.1 75 per cent is prescribed for the purposes of clause 278.1 (1) (a) of the Act with respect to the small-scale on-farm business subclass for the industrial property class and the small-scale on-farm business subclass for the commercial property class. O. Reg. 364/18, s. 1.
Creative enterprise subclass
 9.2 For the purposes of clause 278.1 (1) (b) of the Act, the prescribed range for the creative enterprise facilities subclass is between 0 and 50 per cent, inclusive. O. Reg. 383/18, s. 1.
Small business subclass
 9.3 For the purposes of clause 278.1 (1) (b) of the Act, the prescribed range for the small business subclass is between 0 and 35 per cent, inclusive. O. Reg. 333/21, s. 2. Taxation of Certain Railway, Power Utility Lands (Section 280 of the Act)
Taxation of Certain Railway, Power Utility Lands (Section 280 of the Act)
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Tax rates
 10. (1) The tax rate imposed on land described in paragraph 1 of subsection 280 (1) of the Act is $624.33 per acre.  O. Reg. 121/07, s. 10 (1); O. Reg. 394/17, s. 1; O. Reg. 357/18, s. 1. (2) The tax rate imposed on land described in paragraph 2 of subsection 280 (1) of the Act is $834.02 per acre.  O. Reg. 121/07, s. 10 (2).
Prescribed power utilities
 11. (1) A designated electricity utility, as defined in subsection 19.0.1 (5) of the Assessment Act, is prescribed as a power utility for the purposes of paragraph 2 of subsection 280 (1) of the City of Toronto Act, 2006.  O. Reg. 121/07, s. 11 (1). (2) The following corporations are prescribed as power utilities for the purposes of paragraph 2 of subsection 280 (1) of the Act: 1.  Great Lakes Power Limited. 2.  Canadian Niagara Power Company Limited. 3.  Cedar Rapids Transmission Company Limited. 4.  Inco Limited. 5.  NAV Canada. 6.  Cornwall Street Railway Light & Power Company Limited.  O. Reg. 121/07, s. 11 (2). Payments in Lieu of Taxes, Distribution (Subsections 284 (1) to (4) of the Act)
Payments in Lieu of Taxes, Distribution (Subsections 284 (1) to (4) of the Act)
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Distribution to school boards
 12. (1) This section provides for the sharing of payments in lieu of taxes between the City and the school boards.  O. Reg. 121/07, s. 12 (1). (2) If the City is eligible to receive a payment in lieu of taxes paid under subsection 4 (3) of the Municipal Tax Assistance Act in respect of any property for a year, the City shall distribute the amount in accordance with subsection (5) and the formula in subsection (3).  O. Reg. 121/07, s. 12 (2). (3) If the City is eligible to receive a payment in lieu of taxes described in subsection (4) in respect of a residential property for a year, the City shall distribute, in accordance with subsection (5), an amount determined in accordance with the following: School board (share) = Amount (of PIL) × [School taxes (class) / Total taxes (class)] where, “Amount (of PIL)” means the amount of the payment in lieu of taxes; “School board (share)” means the amount to be distributed among the school boards; “School taxes (class)” means the taxes levied for the year for school purposes on all property in the City in the same property class as the property in respect of which the City is eligible to receive the payment in lieu of taxes; “Total taxes (class)” means the taxes levied for the year for municipal and school purposes on the property described in the definition of “School taxes (class)”. O. Reg. 121/07, s. 12 (3); O. Reg. 66/19, s. 3. (4) The payment in lieu of taxes referred to in subsection (3) is a payment in lieu of taxes paid under any of the following: 1.  Subsection 4 (3) of the Municipal Tax Assistance Act. 2.  Subsection 84 (2) or (5) of the Electricity Act, 1998.  O. Reg. 121/07, s. 12 (4). (5) The amount that the City is required to distribute under subsection (3) shall be distributed in accordance with subsection 257.8 (2) of the Education Act.  O. Reg. 121/07, s. 12 (5). (6) The fraction in the formula in subsection (3) must be calculated to five decimal places.  O. Reg. 121/07, s. 12 (6). (7) In this section, “residential property” means property in the residential/farm property class, the multi-residential property class or the new multi-residential property class prescribed under the Assessment Act.  O. Reg. 121/07, s. 12 (7).
Special rules for certain defence properties
 13. (1) Section 12 applies with respect to a payment in lieu of taxes in respect of that portion of the lands and premises for which the assessment roll number is 19 08 031 580 00151 that are in the residential or multi-residential property class.  O. Reg. 121/07, s. 13 (1). (2) Despite the Education Act, payments in lieu of taxes based on the tax rates set out in Ontario Regulation 392/98 (Tax Matters — Taxation of Certain Railway, Power Utility Lands) made under the Education Act, shall be retained by the City and not distributed to the school boards.  O. Reg. 121/07, s. 13 (2).
Instalment payments to school boards
 14. (1) The City shall pay the amounts required by sections 12 and 13 for a year in four instalments due on or before March 31, June 30, September 30 and December 15 of the year determined in accordance with the following: 1.  The first instalments to the school boards must be 25 per cent of the amount that the City was required to pay the school boards in respect of payments in lieu of taxes for the previous year. 2.  The second instalment to a school board must be 50 per cent of the amount that the City is required to pay for the year less the amount of the first instalment. 3.  The third instalment to a school board must be 25 per cent of the amount that the City is required to pay for the year. 4.  The fourth instalment to a school board must be equal to the balance of the amount that the City is required to pay for the year.  O. Reg. 121/07, s. 14 (1). (2) A school board may, by agreement with the City, provide for any number of instalments and their due dates other than those provided in subsection (1), and the agreement prevails over subsection (1).  O. Reg. 121/07, s. 14 (2). Universities, etc., Liable to Tax (Subsections 285 (1) to (5) of the Act)
Universities, etc., Liable to Tax (Subsections 285 (1) to (5) of the Act)
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Tax payable by universities, etc.
 15. The prescribed amount for the purposes of subsections 285 (1), (2), (3), (4) and (5) of the Act is $75 per year.  O. Reg. 121/07, s. 15. part iii   Limits on Traditional Municipal Taxes Determination of Maximum Taxes — Amounts to be Added (Subsection 291 (1) of the Act)
PART III LIMITS ON TRADITIONAL MUNICIPAL TAXES
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Determination of Maximum Taxes — Amounts to be Added (Subsection 291 (1) of the Act)
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Determination of Maximum Taxes — Levy Change Adjustment (Subsection 291 (1) of the Act)
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Application
 16. (1) Sections 17 to 20 of this Regulation provide for the adjustments to be made under paragraph 3 of subsection 291 (1) of the Act in respect of changes in taxes for municipal purposes.  O. Reg. 121/07, s. 16. (2) Sections 17 to 20 of this Regulation do not apply and no adjustment shall be made under paragraph 3 of subsection 291 (1) of the Act in respect of a property for a taxation year if a by-law under subsection 15.1 (2) of this Regulation applies to the property for the taxation year. O. Reg. 133/17, s. 7. (3) In sections 17 to 20, “specified subclass” means any subclass of real property prescribed under paragraph 2 or 3 of subsection 8 (1) of the Assessment Act or subsection 8 (1.1) of that Act. O. Reg. 15/22, s. 1.
Levy change adjustment
 17. (1) Subject to section 17.1, the amount determined under paragraph 2 of subsection 291 (1) of the Act for a taxation year in respect of a property shall be adjusted, (a)  by increasing it by the amount determined for the year under subsection (2), if the amount determined under subsection (2) is positive; or (b)  by decreasing it by the amount determined for the year under subsection (2), if the amount determined under subsection (2) is negative.  O. Reg. 121/07, s. 17 (1); O. Reg. 298/20, s. 2. (2) The amount referred to in clauses (1) (a) and (b) for a taxation year is determined by multiplying the amount determined under paragraph 2 of subsection 291 (1) of the Act for the taxation year by the adjustment fraction calculated under subsection (3) for that year.  O. Reg. 121/07, s. 17 (2). (3) The adjustment fraction for a taxation year shall be calculated using the formula, (D - E) / E in which, “D”  is the actual tax rate for the property for the taxation year, as described in section 18, and “E”  is the notional tax rate to raise the previous year’s levies for the property, as determined under section 19. O. Reg. 121/07, s. 17 (3); O. Reg. 66/9, s. 4.
Same, excess land subclass, vacant land subclass
 17.1 If a portion of a property is in the excess land subclass or the vacant land subclass, the amount determined under paragraph 2 of subsection 291 (1) of the Act for a taxation year in respect of the property shall be adjusted in accordance with the following: 1.  Determine the percentage of the property that each of the following portions of the property represents: i.  The portion in a specified subclass, except that if there are portions in more than one type of specified subclass, a separate percentage shall be determined for each of the types of specified subclass. ii.  The portion that is not in a specified subclass. 2.  Multiply each percentage determined under paragraph 1 by the amount determined under paragraph 2 of subsection 291 (1) of the Act for the taxation year in respect of the property to determine the amount apportioned to each portion of the property. 3.  Calculate an adjustment fraction for each portion of the property using the formula set out in subsection 17 (3), treating each portion as if it were a separate property. 4.  For each portion, multiply the amount apportioned to it under paragraph 2 by its adjustment fraction determined under paragraph 3. 5.  Add together the amounts determined for each portion under paragraph 4. 6.  Adjust the amount determined under paragraph 2 of subsection 291 (1) of the Act for the taxation year in respect of the property by, i.  increasing it by the amount determined under paragraph 5, if the amount is positive, or ii.  decreasing it by the amount determined under paragraph 5, if the amount is negative. O. Reg. 298/20, s. 3; O. Reg. 15/22, s. 2.
Actual tax rate for a taxation year
 18. (1) For the purposes of subsection 17 (3), the actual tax rate for a property for a taxation year means the sum of each tax rate for the taxation year for municipal or school purposes that is applicable to property in the applicable property class.  O. Reg. 121/07, s. 18 (1). (2) Despite subsection (1), a special municipal levy for a taxation year applicable to property in a property class shall be included as a tax rate in the calculation of the actual tax rate only if the levy applies to at least 50 per cent of the sum of the assessments of all properties in that property class.  O. Reg. 121/07, s. 18 (2). (3) For the purposes of determining the actual tax rate for a property for a taxation year under subsection (1), if the property is in a specified subclass, each tax rate for the taxation year for municipal or school purposes applicable to the property shall be reduced in accordance with the reduction, if any, that applies to the tax rate under section 278 or 278.1 of the Act or section 257.7 of the Education Act. O. Reg. 298/20, s. 4; O. Reg. 15/22, s. 3.
Graduated tax rates
 20. For the purposes of sections 17 to 19 of this Regulation, the tax rate for a property with respect to which a by-law under section 279 of the Act applies is the tax rate that would have applied if section 279 of the Act had not applied.  O. Reg. 121/07, s. 20. Determination of Maximum Taxes — Adjustment for Consolidation or Division of Parcels (Subsection 291 (2) of the Act)
Determination of Maximum Taxes — Adjustment for Consolidation or Division of Parcels (Subsection 291 (2) of the Act)
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Application and interpretation
 21. (1) In this section and sections 22 to 27, “assessment roll” means the assessment roll under the Assessment Act; “average level of taxation” means, in respect of two or more parcels of land for the previous year, the sum of the taxes for municipal and school purposes imposed on each parcel in the previous year divided by the sum of the taxes that would have been imposed for the previous year on each parcel if Part XII of the Act had not applied; “consolidated parcel” means a parcel of land included on the assessment roll for the taxation year that was included on the assessment roll for the previous year as two or more separate parcels; “level of taxation” means, in respect of a parcel of land for a year, the level of taxation for the parcel for the year that would be determined under paragraph 1 of subsection 291 (2) of the Act; “original parcel” means, in respect of a taxation year, a parcel of land included on the assessment roll for the previous year that is severed or subdivided into two or more parcels of land that are included on the assessment roll for the current taxation year; “property class” means a property class under the Assessment Act; “separate parcel” means, in respect of a taxation year, a parcel of land included on the assessment roll for the previous year that is included on the assessment roll for the taxation year as part of a consolidated parcel; “severed parcel” means, in respect of a taxation year, a parcel of land included on the assessment roll for the taxation year that was part of an original parcel included on the assessment roll for the previous year; “subclass” means subclass of real property as defined in section 1 of the Assessment Act.  O. Reg. 121/07, s. 21 (1). (2) For the purposes of this section and sections 22 to 27 of this Regulation, the commercial classes, as defined in subsection 288 (1) of the Act, are deemed to be a single property class and the industrial classes, as defined in that subsection, are deemed to be a single property class.  O. Reg. 121/07, s. 21 (2). (3) In sections 22 to 27, a reference to a provision of the Act listed in Column 1 of the following Table shall be read as a reference to the provision of the Municipal Act, 2001
listed in the same row in Column 2 of the Table if the reference is to the application of the provision for the 2006 taxation year: Table  Column 1 — Act   Column 2 — Municipal Act, 2001 

  Part XII   Part IX 

  Section 291   section 329 

  Section 293   section 330 

  Section 294   section 331 

  paragraph 1 of subsection 294 (2)   paragraph 1 of subsection 331 (2) O. Reg. 121/07, s. 21 (3).
Severance or subdivision of land, par. 1 of s. 291 (2) of the Act
 23. (1) This section applies in determining the amount of taxes for the previous year for a severed parcel for the purposes of paragraph 1 of subsection 291 (2) of the Act.  O. Reg. 121/07, s. 23 (1). (2) The amount of the taxes for municipal and school purposes for the previous year for a severed parcel that is in the same property class in the taxation year as the property class in which the original parcel was included for the previous year is the amount determined in the following manner, if the original parcel was not included in the previous year in the subclass for vacant land: 1.  Determine the taxes for municipal and school purposes for the original parcel for the previous year under section 291, 293 or 294 of the Act. 2.  Determine the ratio of the assessment for the taxation year of each severed parcel that is in the same class as the original parcel to the total assessment of the severed parcels for the taxation year. 3.  Multiply the amount of taxes determined under paragraph 1 by the ratio determined under paragraph 2.  O. Reg. 121/07, s. 23 (2). (3) If a portion of the original parcel was included in the subclass for excess land for the previous year, the taxes for municipal and school purposes for the previous year for a severed parcel that is not in the subclass for vacant land for the taxation year and that is in the same property class as the corresponding portion of the original parcel that was not included in the subclass for excess land for the previous year is the amount of taxes levied on the corresponding portion of the original parcel in the previous year.  O. Reg. 121/07, s. 23 (3). (4) If the original parcel contains portions that are in different property classes to which Part XII of the Act applied and the severed parcels are contained in the same property class as a portion of the original parcel, the taxes for municipal and school taxes for the previous year for the severed parcel is the amount of the taxes levied on the corresponding portion of the original parcel.  O. Reg. 121/07, s. 23 (4).
Portion of parcel in same property class as original parcel
 24. (1) This section applies to a portion of a parcel of land if, (a)  the parcel of land was in a single property class that was subject to Part XII of the Act in the previous year; and (b)  the parcel of land is apportioned into more than one property class for the taxation year and the portion of the parcel is in the same class as the classification of the parcel from the previous year.  O. Reg. 121/07, s. 24 (1); O. Reg. 58/10, s. 7. (2) The taxes for the previous year for the portion of the parcel of land shall be determined in the following manner: 1.  Determine the taxes for the original parcel for the previous year under section 291, 293 or 294 of the Act. 2.  Determine the ratio of the assessment of the apportioned parcel that is in the same property class as the original parcel for the taxation year to the total assessment of the parcel for the taxation year. 3.  Multiply the amount of taxes determined under paragraph 1 by the ratio determined under paragraph 2.  O. Reg. 121/07, s. 24 (2).
Change in tax exempt portion of a parcel
 26. (1) This section applies if the portion of a parcel of land that is exempt from taxes for municipal and school purposes changes between the previous year and the taxation year and the change is due only to a change in the proportion of the parcel that is entitled to the exemption.  O. Reg. 121/07, s. 26 (1). (2) The amount of taxes for municipal and school purposes for the previous year for the taxable portion of the parcel for the purposes of paragraph 1 of subsection 291 (2) of the Act is determined as follows: 1.  If the assessment of the taxable portion of the parcel increased between the previous year and the taxation year, the amount of the taxes for municipal and school purposes for the previous year for that portion is the amount that would be determined in respect of the portion of the parcel under subsection 25 (2) of this Regulation. 2.  If the assessment of the taxable portion of the parcel decreased between the previous year and the taxation year, the amount of the taxes for municipal and school purposes for the previous year for that portion is the amount that would be determined in respect of the portion of the parcel under subsection 25 (3) of this Regulation.  O. Reg. 121/07, s. 26 (2).
Change in subclass assessment of a property
 27. (1) This section applies if, (a)  the proportion of the assessment on the portion of a property that is in a subclass for excess land, if any, changes between the previous year and the taxation year; and (b)  the change in the assessment referred to in clause (a) results from the application of municipal requirements for any development on the property.  O. Reg. 121/07, s. 27 (1). (2) The amount of taxes for the previous year for the purposes of paragraph 1 of subsection 291 (2) of the Act for the portion of the property that is not in a subclass for excess land is determined as follows: 1.  Determine the assessment of the portion of the property that is not in a subclass for excess land for the taxation year. 2.  Determine the total assessment of the property for the taxation year. 3.  Determine the total assessment of the property for the previous year. 4.  Determine the tax rate levied by the City for the previous year on the portion of the property not in a subclass for excess land. 5. Determine the level of taxation for the previous year for the property. 6.  Divide the amount determined under paragraph 1 by the amount determined under paragraph 2. 7.  Multiply together the following: i.  the quotient determined under paragraph 6, ii.  the amount determined under paragraph 3, iii.  the tax rate determined under paragraph 4, and iv.  the level of taxation determined under paragraph 5.  O. Reg. 121/07, s. 27 (2). (3) The amount of taxes for the previous year for the purposes of paragraph 1 of subsection 291 (2) of the Act for the portion of the property that is in a subclass for excess land is determined as follows: 1.  Determine the assessment of the portion of the property that is in a subclass for excess land for the taxation year. 2.  Determine the total assessment of the property for the taxation year. 3.  Determine the total assessment of the property for the previous year. 4.  Determine the applicable tax rate in the City for the previous year for the subclass for excess land. 5.  Determine the level of taxation for the previous year on the property. 6.  Divide the amount determined under paragraph 1 by the amount determined under paragraph 2. 7.  Multiply together the following: i.  the quotient determined under paragraph 6, ii.  the amount determined under paragraph 3, iii.  the tax rate determined under paragraph 4, and iv.  the level of taxation determined under paragraph 5.  O. Reg. 121/07, s. 27 (3). Determination of Maximum Taxes — Special Rule for Certain Assessments (Subsection 291 (9) of the Act)
Determination of Maximum Taxes — Special Rule for Certain Assessments (Subsection 291 (9) of the Act)
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Special rule for assessments under ss. 33 and 34 of the Assessment Act
 28. If an additional assessment is made under section 33 of the Assessment Act for a taxation year in relation to an improvement and, in relation to the same improvement, an additional assessment is made for the subsequent taxation year under section 34 of the Assessment Act, subsection 291 (9) of the City of Toronto Act, 2006
shall not apply with respect to the additional assessment for the subsequent taxation year.  O. Reg. 121/07, s. 28. City Capping Option (Subsection 292 (1) of the Act)
City Capping Option (Subsection 292 (1) of the Act)
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Adjustment to par. 3 and 4 of s. 292 (1) of the Act
 29.1 $500 is the amount prescribed instead of $250 for the purposes of subparagraphs 3 i and 4 i of subsection 292 (1) of the Act. O. Reg. 107/16, s. 4; O. Reg. 63/17, s. 9. By-law to Provide for Recoveries — Prescribed Adjustments (Section 293 of the Act)
By-law to Provide for Recoveries — Prescribed Adjustments (Section 293 of the Act)
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Re changes in taxes for school purposes
 30. No adjustment shall be made for the purposes of the following provisions of the Act in respect of changes in taxes for school purposes: 1.  Subsection 293 (2). 2.  Paragraph 2 of subsection 293 (4). 3.  Paragraphs 2 and 6 of subsection 293 (6).  O. Reg. 121/07, s. 30.
Adjustment, various provisions
 31. (1) This section applies for the purposes of subsection 293 (2), paragraph 2 of subsection 293 (4) and paragraph 2 of subsection 293 (6) of the Act.  O. Reg. 121/07, s. 31 (1). (2) The amount of the adjustment to the taxes for a taxation year in respect of changes in taxes for municipal purposes shall be determined using the formula, H / (J + 1) in which, “H”  is the amount of uncapped taxes for the taxation year, and “J”  is the adjustment fraction for the taxation year determined under subsection 17 (3) of this Regulation. O. Reg. 121/07, s. 31 (2); O. Reg. 66/19, s. 5. (3) In this section, “uncapped taxes” means, in respect of a taxation year, the taxes for municipal and school purposes that would have been imposed for the year if Part XII of the Act had not applied.  O. Reg. 121/07, s. 31 (3).
Adjustment, par. 1 of s. 293 (4) of the Act
 32. For the purposes of paragraph 1 of subsection 293 (4) of the Act, foregone revenues shall be determined after taking into account revenues gained or lost as a result of the application of paragraph 3 or 4 of subsection 292 (1) of the Act.  O. Reg. 121/07, s. 32.