jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.
 1. (1) In this Regulation, “commercial classes” has the meaning set out in subsection 308 (1) of the Act; (“catégories commerciales”) “former municipality” means a municipality as it existed on the day before a municipal restructuring took effect under the Act or the Old Act; (“ancienne municipalité”) “industrial classes” has the meaning set out in subsection 308 (1) of the Act; (“catégories industrielles”) “merged area” means, in respect of a restructured municipality, a part of the restructured municipality that, before the restructuring, was, (a)  all or part of a former municipality, or (b)  unorganized territory; (“secteur fusionné”) “previous year” means, in respect of a taxation year, the immediately preceding taxation year; (“année précédente”) “taxation year” means a calendar year; (“année d’imposition”) “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 IX of the Act had not applied. (“impôts non plafonnés”)  O. Reg. 73/03, s. 1 (1); O. Reg. 160/09, s. 1; O. Reg. 57/10, s. 1; O. Reg. 337/11, s. 1; O. Reg. 61/12, s. 1; O. Reg. 444/12, s. 1; O. Reg. 3/14, s. 1; O. Reg. 12/15, s. 1; O. Reg. 106/16, s. 1; O. Reg. 62/17, s. 1; O. Reg. 24/18, s. 1; O. Reg. 65/19, s. 1; O. Reg. 4/20, s. 1; O. Reg. 45/21, s. 1; O. Reg. 14/22, s. 1; O. Reg. 574/22, s. 1. (2) 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. 73/03, s. 1 (2).
2.
 2. (1) This Regulation applies for the 2003 and subsequent taxation years. O. Reg. 73/03, s. 2. (2) Subsections 22 (3.1) and (3.2) also apply for the 2001 and 2002 taxation years. O. Reg. 342/12, s. 2. part ii   Determination of tax rates if subsection 311 (7) or 312 (7) of the Act applies
PART II DETERMINATION OF TAX RATES IF SUBSECTION 311 (7) OR 312 (7) OF THE ACT APPLIES
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3.
 3. (1) This section provides for the manner in which the tax rates on property in a property class are to be determined under subsections 311 (7) and 312 (7) of the Act if the conditions set out in those subsections are satisfied.  O. Reg. 73/03, 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 8; and (b)  the additional rate for the property class for the year that is determined under subsection (3) if, (i)  the municipality has calculated the tax rate for the property class pursuant to a regulation made under subsection 361 (11) of the Act, and (ii)  the property class is one of the commercial classes or industrial classes.  O. Reg. 73/03, 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 361 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 308 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 308 of the Act for the industrial classes.  O. Reg. 73/03, s. 3 (3). (3.1) Despite clause (2) (a), a municipality 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: I ×{1 + 0.5 × [(G - H) / H]} in which, “G”  is the actual tax rate for the residential property class as calculated under section 11, excluding the tax rate for school purposes, “H”  is the notional tax rate for the residential property class as calculated under section 12, excluding the tax rate for school purposes, and “I”  is the notional tax rate, as calculated under section 12, for the property class to which subsection 311 (7) or 312 (7) of the Act applies, excluding the tax rate for school purposes. O. Reg. 66/04, s. 1; O. Reg. 58/05, s. 1; O. Reg. 44/06, s. 1; O. Reg. 172/07, s. 1; O. Reg. 105/08, s. 1; O. Reg. 160/09, s. 2 (1); O. Reg. 65/19, s. 2; O. Reg. 574/22, s. 2. (4) Subsection (3.1) does not apply to the multi-residential property class and the landfill property class . O. Reg. 62/17, s. 2; O. Reg. 131/17, s. 1.
4.
 4. The following tax ratios are prescribed for the purposes of subsections 311 (7) and 312 (7) of the Act: 1.  2.00 for the multi-residential property class. 2.  1.98 for the commercial classes. 3.  2.63 for the industrial classes. 4.  25.00 for the landfill property class.  O. Reg. 73/03, s. 4; O. Reg. 62/17, s. 3; O. Reg. 131/17, s. 2. 5. Revoked: O. Reg. 102/16, s. 1.
6.
 6. (1) If, in 2003 or a subsequent taxation year, subsection 7 (1) or (2) applies to a property class of the municipality, the municipality 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. 73/03, s. 6 (1); O. Reg. 102/16, s. 2 (1). (2) The special levy shall be raised under subsection 311 (4) or 312 (4) of the Act, as applicable, on all property that is not in a property class to which subsection 7 (1) or (2) applies for the year.  O. Reg. 73/03, s. 6 (2); O. Reg. 102/16, s. 2 (2).
7.
 7. (1) If section 6 applied in the previous year, the tax ratio established by the municipality under section 308 of the Act for the property class for a taxation year after 2003 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 municipality for the previous year under section 312 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 6. 3.  Divide the previous year’s general levy tax rate for the property class that is subject to section 3, as determined by the municipality for the previous year under section 312 of the Act, by the increased residential tax rate determined under paragraph 2.  O. Reg. 73/03, s. 7 (1). (2) If section 6 applied in the previous year, the tax ratio established by the municipality under section 308 of the Act for the property class for a taxation year after 2003 shall not exceed the tax ratio calculated in the following manner: 1.  Identify the general upper-tier levy tax rate for the residential property class, as determined by the upper-tier municipality for the previous year under section 311 of the Act. 2.  Identify the upper-tier special levy tax rate for the residential class for the previous year, as determined under this subsection. 3.  Multiply the upper-tier special levy tax rate identified in paragraph 2 by the upper-tier weighting factor for the taxation year, as determined under subsection (3). 4.  Determine the increased tax rate for the residential property class by adding the tax rate identified in paragraph 1 and the product obtained under paragraph 3. 5.  Divide the previous year’s general upper-tier levy tax rate for the property class that is subject to section 3, as determined by the municipality for the previous year under section 311 of the Act, excluding any additional rate calculated under subsection 3 (2), by the increased tax rate for the residential property that is determined under paragraph 4.  O. Reg. 73/03, s. 7 (2); O. Reg. 102/16, s. 3 (1); O. Reg. 65/19, s. 3. (3) The upper-tier weighting factor for a taxation year shall be determined in the following manner: 1.  Determine the sum of the general levies for all property classes levied for upper-tier purposes for the previous year under section 311 of the Act. 2.  Determine the sum of the general levies for all property classes levied for lower-tier purposes for the previous year under section 312 of the Act. 3.  Add the amounts determined under paragraphs 1 and 2. 4.  Divide the amount determined under paragraph 1 by the sum obtained under paragraph 3.  O. Reg. 73/03, s. 7 (3); O. Reg. 450/03, s. 1; O. Reg. 102/16, s. 3 (2, 3).
PART II.0.0.1 SUBCLASS TAX REDUCTIONS — SUBSECTION 313.1 (1) OF THE ACT
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Small-scale on-farm business subclasses
 8.0.0.0.1 75 per cent is prescribed for the purposes of clause 313.1 (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. 363/18, s. 1.
Small business subclass
 8.0.0.0.2 For the purposes of clause 313.1 (1) (b) of the Act, the prescribed range for the small business subclass is between 0 and 35 per cent, inclusive. O. Reg. 332/21, s. 1. PART II.0.1   Graduated Tax Rates — Subsection 314 (1) of the Act
PART II.0.1 GRADUATED TAX RATES — SUBSECTION 314 (1) OF THE ACT
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Landfill property class
 8.0.0.1 The landfill property class is prescribed for the purposes of clause 314 (1) (a) of the Act. O. Reg. 62/17, s. 4.
Non-application of s. 314 of the Act
 8.0.0.1.1 Section 314 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 313 of the Act or a regulation or by-law made under that section. O. Reg. 45/21, s. 2. Part II.1   Application of Part IX of the Act And Phasing Out of the Part
PART II.1 APPLICATION OF PART IX OF THE ACT AND PHASING OUT OF THE PART
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Landfill property class
 8.0.0.2 (1) Part IX of the Act applies to property in the landfill property class in a municipality if the municipality has passed a by-law providing that the Part applies. O. Reg. 131/17, s. 4. (2) A by-law under subsection (1) shall not be passed by a lower-tier municipality unless its upper-tier municipality has delegated to it the power to do so. O. Reg. 131/17, s. 4. (3) A by-law under subsection (1) must be passed in the first taxation year to which it applies. O. Reg. 131/17, s. 4.
Resort condominium property class
 8.0.1 Property in the resort condominium property class is exempt from the application of Part IX of the Act.  O. Reg. 214/05, s. 1.
By-law to exempt property from the application of Part IX
 8.0.2 (1) A property is exempt from the application of Part IX of the Act for a taxation year if a by-law has been enacted by a municipality, other than a lower-tier municipality, that provides that this section applies within the municipality for the taxation year. O. Reg. 131/17, 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 IX 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 IX 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 IX of the Act, but in the current taxation year, if Part IX 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. 131/17, s. 5. (3) A by-law under subsection (1) must be passed in the first taxation year to which it applies. O. Reg. 131/17, s. 5.
Casino Niagara
 8.1 The property located in the City of Niagara Falls with the assessment roll number 2725 030 002 042 00 0000 is exempt from the application of Part IX of the Act.  O. Reg. 368/03, s. 1.
By-law to end the application of Part IX immediately
 8.2 (1) A municipality, other than a lower-tier municipality, may pass a by-law providing that Part IX 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 municipality, there were no properties within the commercial classes, industrial classes or multi-residential property class, as the case may be. O. Reg. 131/17, s. 6. (2) A municipality, other than a lower-tier municipality, may pass a by-law providing that Part IX 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 municipality, 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. 131/17, s. 6. (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. 131/17, s. 6.
PART III ADJUSTMENT TO TAXES — SUBSECTION 329 (1) OF THE ACT
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Application of Part
 9. (1) This Part provides for the adjustments to be made under paragraph 3 of subsection 329 (1) of the Act  in respect of changes in taxes for municipal purposes.  O. Reg. 73/03, s. 9; O. Reg. 62/17, s. 6. (2) This Part does not apply and no adjustment shall be made under paragraph 3 of subsection 329 (1) of the Act in respect of a property for a taxation year if a by-law under subsection 15.0.1 (2) of this Regulation applies to the property for the taxation year. O. Reg. 131/17, s. 7. (3) In this Part, “specified subclass” means any subclass of real property prescribed under paragraph 2 or 3 of subsection 8 (1) of the Assessment Act or under subsection 8 (1.1) of that Act. O. Reg. 14/22, s. 2.
Levy change adjustment
 10. (1) Subject to section 10.1 the amount determined under paragraph 2 of subsection 329 (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. 73/03, s. 10 (1); O. Reg. 296/20, 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 329 (1) of the Act for the taxation year by the adjustment fraction calculated under subsection (3) for that year.  O. Reg. 73/03, s. 10 (2). (3) The adjustment fraction for a taxation year shall be calculated using the formula, (A - B) / B in which, “A”  is the actual tax rate for the property for the taxation year, as described in section 11, and “B”  is the notional tax rate to raise the previous year’s levies for the property, as determined under section 12. O. Reg. 73/03, s. 10 (3); O. Reg. 65/19, s. 4.
Same, excess land subclass, vacant land subclass
 10.1 If a portion of a property is in a specified subclass, the amount determined under paragraph 2 of subsection 329 (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 329 (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 10 (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 329 (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. 296/20, s. 3; O. Reg. 14/22, s. 3.
Actual tax rate for a taxation year
 11. (1) For the purposes of subsection 10 (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 applicable to property in the property class and local municipality the property is in.  O. Reg. 73/03, s. 11 (1). (2) Despite subsection (1), a special local municipality levy or special upper-tier 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. 73/03, s. 11 (2). (3) Despite subsection (1), if the Municipal Extra Territorial Tax Act
applies to the property, the actual tax rate for the property for 2005 or a subsequent taxation year is the sum of each tax rate for the taxation year for municipal purposes that is applicable to the property.  O. Reg. 367/05, s. 2. (4) 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 313 or 313.1 of the Act or section 257.7 of the Education Act. O. Reg. 296/20, s. 4; O. Reg. 14/22, s. 4.
Merged area deemed to be local municipality
 13. If a municipal restructuring has occurred and tax rates for municipal purposes have been adopted for the taxation year pertaining exclusively to a merged area, the merged area shall be deemed to be a local municipality for the purposes of sections 10, 11 and 12 in respect of levies that apply only in the merged area.  O. Reg. 73/03, s. 13.
Graduated tax rates
 14. For the purposes of this Part, the tax rate for a property with respect to which a by-law under section 314 of the Act applies is the tax rate that would have applied if section 314 of the Act had not applied.  O. Reg. 73/03, s. 14.
Previously unorganized territory
 15. The following applies for the taxation year in which unorganized territory becomes part of a municipality and for the following two taxation years: 1.  No account shall be taken of any adjustment made under paragraph 3 of subsection 447.68 (1) of the Old Act for 2002 and no adjustment shall be made under paragraph 3 of subsection 329 (1) of the Act in respect of changes in taxes for municipal purposes. 2.  The property shall be deemed not to be part of the municipality for the purposes of this Part.  O. Reg. 73/03, s. 15. PART III.1   MUNICIPAL CAPPING OPTIONS UNDER PART IX OF THE ACT
PART III.1 MUNICIPAL CAPPING OPTIONS UNDER PART IX OF THE ACT
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Adjustments under par. 2 i A of s. 329.1 (1) of the Act
 15.1 (1) The following are prescribed as the adjustments to be made under sub-subparagraph 2 i A of subsection 329.1 (1) of the Act to the amount of the taxes for municipal and school purposes that would have been levied in respect of a property for the previous year but for the application of Part IX of the Act: 1.  If a supplementary assessment or change in classification was made under section 34 of the Assessment Act during the previous year or if an assessment or change in classification could have been made under section 34 of that Act and the appropriate change is made on the assessment roll for taxation in the taxation year, recalculate the taxes as if the increase in the assessment or the change in classification, as the case may be, had applied to the property for all of the previous year. 2.  If the assessment of a property whose classification is in the subclass for vacant land on the assessment roll for taxation in the taxation year increases as a result of an improvement to that property during the previous year and if no portion of any building on the property began to be used for any purpose during the previous year, recalculate the taxes as if the increase in the assessment had applied to the property for all of the previous year. 3.  If the council of a municipality cancels, reduces or refunds taxes under section 357 of the Act for the previous year on an application under clause 357 (1) (a), (b), (c), (d) or (f) of the Act or under section 358 of the Act for the previous year, recalculate the taxes as if the event that caused the cancellation, reduction or refund had occurred on January 1 of the previous year. 4.  If the council of a municipality increases taxes under section 359 of the Act for the previous year, recalculate the taxes for the previous year accordingly. 5.  If, as a result of an assessment under subsection 32 (2) or section 33 of the Assessment Act, the total taxes for municipal and school purposes for the property for the previous year are altered, recalculate the taxes for the previous year as if the alteration had applied to the property for all of the previous year.  O. Reg. 81/05, s. 1; O. Reg. 62/17, s. 9 (1). (2) 10 per cent is the percentage prescribed to replace 5 per cent, in both instances where “5 per cent” appears in sub-subparagraph 2 i A of subsection 329.1 (1) of the Act. O. Reg. 102/16, s. 8; O. Reg. 62/17, s. 9 (2).
Adjustment to par. 3 and 4 of s. 329.1 (1) of the Act
 15.2 $500 is the amount prescribed instead of $250 for the purposes of subparagraphs 3 i and 4 i of subsection 329.1 (1) of the Act. O. Reg. 102/16, s. 9; O. Reg. 62/17, s. 10. PART IV   PRESCRIBED ADJUSTMENTS UNDER SECTION 330 OF THE ACT
PART IV PRESCRIBED ADJUSTMENTS UNDER SECTION 330 OF THE ACT
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No adjustment for changes in taxes for school purposes
 16. 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 330 (2). 2.  Paragraph 2 of subsection 330 (4). 3.  Paragraphs 2 and 6 of subsection 330 (8).  O. Reg. 73/03, s. 16.
Adjustment for 2003 and subsequent years, various provisions
 17. (1) This section applies for 2003 and subsequent taxation years for the purposes of subsection 330 (2), paragraph 2 of subsection 330 (4) and paragraph 2 of subsection 330 (8) of the Act.  O. Reg. 73/03, s. 17 (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: E / (F + 1) in which, “E”  is the amount of uncapped taxes for the taxation year, and “F”  is the adjustment fraction for the taxation year determined under subsection 10 (3). O. Reg. 73/03, s. 17 (2); O. Reg. 65/19, s. 7.
Adjustment, par. 1 of s. 330 (4) of the Act
 17.1 For the purposes of paragraph 1 of subsection 330 (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 329.1 (1) of the Act.  O. Reg. 81/05, s. 2.
Adjustment, par. 6 of s. 330 (8) of the Act
 18. (1) This section applies for 2003 and subsequent taxation years for the purposes of paragraph 6 of subsection 330 (8) of the Act.  O. Reg. 73/03, s. 18 (1). (2) The amount determined under paragraph 5 of subsection 330 (8) of the Act in respect of the taxation year shall be adjusted, (a)  by increasing it by the amount determined under subsection (3), if the amount determined under subsection (3) is positive; or (b)  by decreasing it by the amount determined under subsection (3), if the amount determined under subsection (3) is negative.  O. Reg. 73/03, s. 18 (2). (3) The amount referred to in clauses (2) (a) and (b) is the amount determined by multiplying the amount determined under paragraph 5 of subsection 330 (8) of the Act by the taxation year adjustment fraction determined under subsection 10 (3).  O. Reg. 73/03, s. 18 (3).
Taxes not to be lower than uncapped taxes
 19. Despite subsection 330 (8) of the Act, if the taxes for municipal and school purposes for a taxation year, as determined under that subsection, are less than the uncapped taxes for the year, the taxes for municipal and school purposes for the year shall be equal to the uncapped taxes for the year.  O. Reg. 73/03, s. 19.
Previously unorganized territory
 20. The following applies for the taxation year in which unorganized territory becomes part of a municipality and for the following two taxation years: 1.  No adjustment shall be made under any of the provisions of the Act listed in section 16 for the taxation year in which the unorganized territory becomes part of the municipality or for the following two taxation years. 2.  Section 19 does not apply. 3.  The property shall be deemed not to be part of the municipality for the purposes of this Part.  O. Reg. 73/03, s. 20. PART V   MISCELLANEOUS
Special rule for assessments under ss. 33 and 34 of the Assessment Act
 21. 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 329 (7) of the Municipal Act, 2001 shall not apply with respect to the additional assessment for the subsequent taxation year.  O. Reg. 73/03, s. 21.
Identification of comparable properties, subss. 331 (6), (7) of the Act
 22.1 (1) This section applies with respect to the eligible properties in any municipality in which, under subparagraph 8 ii of subsection 329.1 (1) of the Act, the amount of taxes on the properties for a particular taxation year is to be determined by multiplying the amount of the uncapped taxes by 100 per cent.  O. Reg. 337/11, s. 2. (2) Despite subsections 331 (6) and (7) of the Act, the assessment corporation is not required to identify comparable properties with respect to those eligible properties.  O. Reg. 337/11, s. 2.
Certain payments in lieu of taxes deemed to be taxes
 23. Payments in lieu of taxes made under subsections 4 (3) and (4) of the Municipal Tax Assistance Act in respect of property described in paragraphs 1, 2 and 3 of subsection 22 (1) of this Regulation shall be deemed to be taxes for municipal and school purposes for the purposes of sections 329 and 330 of the Act.  O. Reg. 73/03, s. 23. part vi   tax capping on consolidation or division of parcels
PART VI TAX CAPPING ON CONSOLIDATION OR DIVISION OF PARCELS
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Application and interpretation
 24. (1) In this Part, “assessment roll” means the assessment roll under the Assessment Act; (“rôle d’évaluation”) “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 IX of the Act had not applied; (“niveau d’imposition moyen”) “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; (“parcelle issue du remembrement”) “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 331 (2) of the Act; (“niveau d’imposition”) “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; (“parcelle initiale”) “property class” means a property class under the Assessment Act; (“catégorie de biens”) “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; (“parcelle distincte”) “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; (“parcelle séparée”) “subclass” means subclass of real property as defined in section 1 of the Assessment Act. (“sous-catégorie”) O. Reg. 450/03, s. 3. (2) For the purposes of this Part, the commercial classes, as defined in subsection 308 (1) of the Act, shall be deemed to be a single property class and the industrial classes, as defined in that subsection, shall be deemed to be a single property class.  O. Reg. 450/03, s. 3. (3) In this Part, 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 Old Act listed in the same row in Column 2 of the Table if the reference is to the application of the provision for the 2002 taxation year: Table  Column 1 — Act   Column 2 — Old Act 

  Part IX   Part XXII.3 

  Section 329   section 447.68 

  Section 330   section 447.69 

  Section 331   section 447.70 

  paragraph 1 of subsection 331 (2)   paragraph 1 of subsection 447.70 (2) O. Reg. 450/03, s. 3.
Severance or subdivision of land, par. 1 of subs. 329 (2) of the Act
 26. (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 329 (2) of the Act.  O. Reg. 450/03, s. 3. (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 329, 330 or 331 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. 450/03, s. 3. (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. 450/03, s. 3. (4) If the original parcel contains portions that are in different property classes to which Part IX 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. 450/03, s. 3.
Portion of parcel in same property class as original parcel
 27. (1) The 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 IX 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 taxation year.  O. Reg. 450/03, s. 3. (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 329, 330 or 331 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. 450/03, s. 3.
Change in tax exempt portion of a parcel
 29. (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. 450/03, s. 3. (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 329 (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 28 (2). 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 28 (3).  O. Reg. 450/03, s. 3.
Change in subclass assessment of a property
 30. (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. 450/03, s. 3. (2) The amount of taxes for the previous year for the purposes of paragraph 1 of subsection 329 (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 municipality 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. 450/03, s. 3. (3) The amount of taxes for the previous year for the purposes of paragraph 1 of subsection 329 (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 municipality 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. 450/03, s. 3.
Mid-year demolition, etc.
 31. (1) For the purposes of clause 357 (1) (b) of the Act, the recalculation of taxes for the taxation year shall include a reduction determined as follows: 1.  If paragraph 2 does not apply, the reduction is, i.  30 per cent of the taxes otherwise determined for the current taxation year, if the property was included in the commercial classes, or ii.  35 per cent of the taxes otherwise determined for the current taxation year, if the property was included in the industrial classes. 2.  If a by-law was passed under subsection 313 (1.1) of the Act that sets out a percentage of taxes between 30 and 35 per cent, the reduction is that percentage of the taxes.  O. Reg. 450/03, s. 3; O. Reg. 62/17, s. 12. (2) Paragraph 5 of subsection 329 (2) of the Act applies to a property even if the owner of the property was entitled to but failed to make an application to the council of the municipality under clause 357 (1) (a), (b), (d) or (f) or section 358 of the Act for a cancellation, reduction or refund of taxes for the previous year, but only if the appropriate change is made to the assessment of the property on the assessment roll, as returned, for the taxation year.  O. Reg. 450/03, s. 3.
Comparable property for purposes of s. 331 of the Act
 32. If subsection 328 (2) of the Act applies for the taxation year to a property that is identified as a comparable property under section 331 of the Act, the amount of taxes for municipal and school purposes that would have been imposed for the taxation year on the comparable property but for the application of Part IX of the Act, as determined for the purposes of paragraph 1 of subsection 331 (2) of the Act, shall be increased to the taxes for municipal and school purposes that would have been imposed for the taxation year but for the application of subsection 328 (2) of the Act.  O. Reg. 450/03, s. 3.  Français