45.1 (1) This section applies to an authority that operates an airport as described in subparagraph 24 i of subsection 3 (1) of the Act for the 2013 and subsequent taxation years. O. Reg. 398/17, s. 1. (2) The following authorities are prescribed for the purposes of sub-subparagraph 24 i B of subsection 3 (1) of the Act: 1.  The Greater London International Airport Authority, in respect of the London International Airport. 2.  The Greater Toronto Airports Authority, in respect of the Toronto Pearson International Airport. 3.  The Ottawa Macdonald-Cartier International Airport Authority, in respect of the Ottawa International Airport. 4.  The Thunder Bay International Airports Authority, in respect of the Thunder Bay Airport. 5.  The Toronto Port Authority, in respect of the Billy Bishop Toronto City Airport. O. Reg. 398/17, s. 1; O. Reg. 505/18, s. 2 (1). (3) Subject to subsection (5), for the purposes of this Regulation, the passenger total for a taxation year with respect to an authority is determined as follows: 1.  For the Greater London International Airport Authority, the passenger total is the total number of enplaned and deplaned passengers for London, Ontario for the year that is two years prior to the relevant taxation year, as reported by Statistics Canada in Table 23-10-0253-01 entitled “Air passenger traffic at Canadian airports, annual”. 2.  For the Greater Toronto Airports Authority, the passenger total is the total number of enplaned and deplaned passengers for Toronto/Lester B Pearson International, Ontario for the year that is two years prior to the relevant taxation year, as reported by Statistics Canada in Table 23-10-0253-01 entitled “Air passenger traffic at Canadian airports, annual”. 3.  For the Ottawa Macdonald-Cartier International Airport Authority, the passenger total is the total number of enplaned and deplaned passengers for Ottawa/Macdonald-Cartier International, Ontario for the year that is two years prior to the relevant taxation year, as reported by Statistics Canada in Table 23-10-0253-01 entitled “Air passenger traffic at Canadian airports, annual”. 4.  For the Thunder Bay International Airports Authority, the passenger total is the total number of enplaned and deplaned passengers for Thunder Bay, Ontario for the year that is two years prior to the relevant taxation year, as reported by Statistics Canada in Table 23-10-0253-01 entitled “Air passenger traffic at Canadian airports, annual”. 5.  For the Toronto Port Authority, the passenger total is the total number of enplaned and deplaned passengers for Toronto/Billy Bishop Toronto City, Ontario for the year that is two years prior to the relevant taxation year, as reported by Statistics Canada in Table 23-10-0253-01 entitled “Air passenger traffic at Canadian airports, annual”. O. Reg. 505/18, s. 2 (2). (4) If the total number of enplaned and deplaned passengers for Toronto/Billy Bishop Toronto City, Ontario is not reported for the year in the publication referred to in paragraph 5 of subsection (3), the passenger total is the total number as reported for that airport by the Toronto Port Authority to the City of Toronto for the year that is two years prior to the relevant taxation year. O. Reg. 505/18, s. 2 (2). (5) If an authority and the municipality in which it is located agree in writing by March 31 of a taxation year, the passenger total for that year shall be equal to the total number of enplaned and deplaned passengers for the authority for the immediately preceding year, as reported by the authority to the municipality. O. Reg. 398/17, s. 1. (6) For the purposes of this Regulation, a reference to a municipality in which an authority is located is a reference to all the municipalities in which the authority is located. O. Reg. 398/17, s. 1. (7) Subject to subsections (9) and (9.2), for each taxation year, an authority shall make a payment in lieu of taxes to the municipality in which it is located in the amount determined by multiplying the passenger total for the year for the authority by the passenger rate set out in the following Table for that authority. TABLE  Authority   Passenger Rate 

  Greater London International Airport Authority   $1.66998 

  Greater Toronto Airports Authority   $0.94029 

  Ottawa Macdonald-Cartier International Airport Authority   $1.07735 

  Thunder Bay International Airports Authority   $0.55403 

  Toronto Port Authority   $0.94029 O. Reg. 398/17, s. 1; O. Reg. 505/18, s. 2 (3); O. Reg. 56/22, s. 1 (1). (8) The Greater Toronto Airports Authority shall make its payment in lieu of taxes for a taxation year by paying, (a)  to the City of Mississauga an amount equal to 99.43 per cent of the amount of the payment determined under subsection (7) for the taxation year; and (b)  to the City of Toronto an amount equal to 0.57 per cent of the amount of the payment determined under subsection (7) for the taxation year. O. Reg. 398/17, s. 1. (9) Subject to subsection (9.2), if the amount determined for an authority under subsection (7) for a taxation year exceeds 105 per cent of the amount determined under this section for the immediately preceding taxation year, the payment in lieu of taxes for the taxation year shall be equal to 105 per cent of the amount paid for the immediately preceding taxation year. O. Reg. 398/17, s. 1; O. Reg. 56/22, s. 1 (2). (9.1) In subsection (9.2), “reference passenger total” means, with respect to an authority, the passenger total determined for the authority under subsection (3) for the 2021 taxation year or, if the authority and municipality had an agreement under subsection (5) for the 2020 and 2021 taxation years, the 2020 taxation year. O. Reg. 56/22, s. 1 (3). (9.2) If the passenger total for an authority determined under subsection (3) for the 2022 taxation year is less than the reference passenger total, the following rules apply: 1.  Subsection (9) does not apply with respect to the authority for the 2022 taxation year and subsequent taxation years, subject to paragraph 2. 2.  Subsection (9) resumes applying with respect to the authority for the taxation years that follow the first taxation year after 2022 for which the passenger total for the authority determined under subsection (3) is equal to or greater than the reference passenger total. 3.  For that first taxation year after 2022 for which the passenger total for the authority determined under subsection (3) is equal to or greater than the reference passenger total, the authority shall make a payment in lieu of taxes for the taxation year, for the purposes of subsection (7), in the amount that is equal to the lesser of, i.  the amount determined under subsection (7) for the taxation year, and ii.  105 per cent of the amount that would be determined under that subsection if a passenger total equal to the reference passenger total were used. O. Reg. 56/22, s. 1 (3). (10) An authority shall pay to the municipality in which it is located the amount owing under this section for a taxation year, (a)  in equal quarterly instalments by March 31, June 30, September 30 and December 15 of the taxation year; or (b)  in the proportions and at the times agreed to in writing by the authority and the municipality. O. Reg. 398/17, s. 1. (11) If an authority fails to make a payment at the time it is required to do so under subsection (10), the municipality may impose on the authority a penalty equal to the penalty that the municipality imposes on owners of property in the commercial property class for the non-payment of taxes under section 345 of the Municipal Act, 2001 or section 310 of the City of Toronto Act, 2006. O. Reg. 398/17, s. 1. (12) If an authority fails to pay all of the amount required under this section for a taxation year on or before the last day of the taxation year, the authority shall pay forthwith an amount equal to the taxes for municipal and school taxes that would be payable for the taxation year if the property were taxable and the tax roll for the municipality shall be amended to show the authority’s liability to pay that amount. O. Reg. 398/17, s. 1. (13) By March 31 of each taxation year, or a later date agreed to by the authority and the municipality, the authority shall provide the following information to the municipality: 1.  The number of enplaned and deplaned passengers reported for the authority for the year that is two years prior to the relevant taxation year as reported by Statistics Canada in Table 23-10-0253-01 entitled “Air passenger traffic at Canadian airports, annual” or, if subsection (4) or (5) applies, the total number of enplaned and deplaned passengers as reported for or by the authority for the purposes of those subsections. 2.  The calculation of the payment in lieu of taxes for the year. O. Reg. 398/17, s. 1; O. Reg. 505/18, s. 2 (4). (14) If subsection (4) or (5) applies, the authority shall, within a reasonable time, provide to the municipality, upon request, an auditor’s report verifying the passenger total that was reported for the taxation year by the authority. O. Reg. 398/17, s. 1. (15) Revoked: O. Reg. 505/18, s. 2 (4). New Residential Unit — Exempt Portion