Tax deferral
 6. (1) The owner of a specified residential property is entitled to a deferral of taxes for a taxation year ending after December 31, 2000 if, (a) there is a tax increase described in subsection 4 (2) that exceeds $30; (b) the owner or the owner’s spouse occupies the property as their principal residence on January 1 of the taxation year; (c) the owner or the owner’s spouse is, at any time during the taxation year, (i) a person who is 65 years of age or older and who receives a supplement under Part II of the Old Age Security Act (Canada), or (ii) a person who receives income support under the Ontario Disability Support Program Act, 1997; (d) the owner or the owner’s spouse was assessed as the owner of the property on the assessment roll for the previous year; (e) if the taxation year is after 2001, there was a deferral of taxes on the property under this section for the 2001 taxation year; and (f) a written application for the deferral, together with sufficient documentation to establish entitlement to the deferral, is given to the secretary of the levying board, (i) for the 2001 taxation year, before March 31, 2002, or (ii) for a taxation year after 2001, by July 1 of the taxation year.  O. Reg. 3/02, s. 6 (1); O. Reg. 296/03, s. 3 (1); O. Reg. 311/05, s. 1 (1-3). (2) In this Part, “owner” means the person assessed as the owner; “specified residential property” means, in respect of a taxation year, (a) a property in the residential property class if the taxation year begins on or after January 1, 2003, or (b) a property in the residential/farm property class if the taxation year ends before January 1, 2003; “spouse” means a person, (a) to whom the person is married, or (b) with whom the person is living outside marriage in a conjugal relationship, if the two persons, (i) have cohabited for at least one year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act.  O. Reg. 3/02, s. 6 (2); O. Reg. 296/03, s. 3 (2); O. Reg. 311/05, s. 1 (4, 5). (3) The amount of the tax deferral for the 2001 taxation year is the amount by which the tax increase in respect of the property, as determined under subsection 4 (2), exceeds the amount of the increase that is not phased in under section 4 before 2002.  O. Reg. 3/02, s. 6 (3). (4) For every year after 2001, the amount of the tax deferral is the amount of the tax increase from the previous taxation year.  O. Reg. 3/02, s. 6 (4). (5) Despite subsections (3) and (4), the amount of the tax deferral for a taxation year shall not exceed the amount by which 75 per cent of the assessed value of the property exceeds the sum of, (a) the total taxes deferred in previous years under this section or section 7 of Ontario Regulation 509/98; and (b) the interest on amounts deferred under section 7 of Ontario Regulation 509/98.  O. Reg. 3/02, s. 6 (5). (6) All amounts deferred under this section become due, (a) upon the death of the owner, subject to subsection (7); (b) upon the transfer of the property; or (c) on July 1 of the first year for which the owner is not entitled to a deferral of taxes, subject to subsections (8) and (9).  O. Reg. 3/02, s. 6 (6). (7) If the owner dies but the owner’s spouse is still alive, the amounts that are deferred are not due as long as, (a) the spouse is alive; (b) the property is the spouse’s principal residence; and (c) the property is not transferred, other than to the spouse.  O. Reg. 311/05, s. 1 (6). (8) If the owner’s spouse dies and, but for the spouse’s death, the owner would be entitled to a deferral of taxes if an application was made in accordance with clause (1) (f), the amounts that are deferred are not due as long as, (a) the owner is alive; (b) the property is the owner’s principal residence; and (c) the property is not transferred.  O. Reg. 311/05, s. 1 (6). (9) If the owner would have been entitled to a deferral of taxes in the taxation year if an application had been made in accordance with clause (1) (f), but an application was not made, the amounts already deferred are not due if the owner gives to the secretary of the levying board by July 1 of the taxation year: 1. A written application to continue the deferral of the amounts already deferred. 2. Sufficient documentation to establish entitlement to a deferral of taxes in the taxation year.  O. Reg. 3/02, s. 6 (9). (10) Section 382 of the Municipal Act
applies, with necessary modifications, with respect to taxes deferred under this section.  O. Reg. 3/02, s. 6 (10). part iv   rebates to Charities — commercial and industrial property classes