THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 28-2012
 

A by-law to adopt the optional tools for calculating the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, industrial classes and multi-residential property class for 2012.


WHEREAS, part IX of the Municipal Act, 2001 as amended (hereinafter referred to as the "Act") makes provision for limitation on taxes for certain property classes;

AND WHEREAS, the Act provides that a municipality, other than a lower-tier municipality, may pass a by-law to have one or more of the optional tools in paragraphs 1 to 8 of subsection 329.1(1) apply in the calculation of the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, industrial classes or multi-residential property class for 2005 or a subsequent taxation year;

AND WHEREAS, the Council of The Regional Municipality of Peel deems it desirable to adopt the optional tools available to it under paragraphs 1, 2, 3 and 4 of subsection 329.1(1) of the Act for the 2011 taxation year, and to apply them equally to the applicable property classes to promote fairer property taxation;

AND WHEREAS, Ontario Regulation 73/03 as amended provides that 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 that provides that section 8.0.2 of the regulation applies within the municipality for the year, which by-law may provide for certain conditions to be met in order for a property to be exempt;

AND WHEREAS, the Council of The Regional Municipality of Peel deems it desirable that section 8.0.2 of Ontario Regulation 73/03 as amended apply within the municipality and that certain conditions of exemption apply;

AND WHEREAS the Council of The Regional Municipality of Peel has by resolution adopted on April 12, 2012 authorized the presentation of this by-law for enactment;

NOW THEREFORE, the Council of The Regional Corporation enacts as follows:

1. In this by-law:

"capped taxes" and "capped" mean the taxes for municipal and school purposes that are imposed for the taxation year as a result of the application of Part IX of the Act;

"clawed-back" means the percentage by which tax decreases are limited for a taxation year in respect of properties in the commercial,

industrial and multi-residential property classes in order to recover all or part of the revenues forgone as a result of the application of section 329 of the Act to other properties in the property class;

"previous year" means 2011;

"taxation year" means 2012;

"uncapped taxes" means the taxes for municipal and school purposes that would be imposed for the taxation year but for the application of Part IX of the Act.

2. The following optional tools shall be applied in determining the amount of taxes for municipal and school purposes payable in respect of property in the commercial classes, industrial classes and multi-residential property class for the taxation year:

(1) In determining the amount of taxes for municipal and school purposes for the taxation year under subsection 329 (1) of the Act and the amount of the tenant's cap under subsection 332 (5) of the Act,

i. 10 per cent shall be used, instead of 5 per cent, in determining the amount to be added under paragraph 2 of subsection 329 (1) of the Act, and

ii. 10 per cent, instead of 5 per cent, shall be used in increasing under paragraph 2 of subsection 332 (5) of the Act the amount calculated under paragraph 1 of that subsection.

(2) In determining the amount of taxes for municipal and school purposes for the taxation year under subsection 329 (1) of the Act and the amount of the tenant's cap under subsection 332 (5) of the Act,

i. the amount to be added under paragraph 2 of subsection 329 (1) of the Act shall be the greatest of,

A. the amount of the taxes for municipal and school purposes that would have been levied in respect of the property for the previous year but for the application of Part IX of the Act, subject to the adjustments stipulated in section 15.1 of Ontario Regulation 73/03 as amended or such other adjustments that may be prescribed under the Act, multiplied by 5 per cent,

B. the amount that would be added under paragraph 2 of subsection 329 (1) of the Act for the taxation year using 10 per cent as specified under paragraph 2(1) i. of this by-law, and

C. 5 per cent of the amount determined under paragraph 1 of subsection 329 (1) of the Act for the property for the taxation year, and

ii. the amount determined under paragraph 1 of subsection 332 (5) of the Act shall be increased under paragraph 2 of that subsection by the amount determined under the following, instead of the amount specified in paragraph 2 of that subsection:

A. the amount on account of taxes levied for municipal and school purposes that the tenant would have been required to pay under the tenant's lease in the previous year but for the application of section 332 of the Act multiplied by 5 per cent as specified in subparagraph 2(2) i. A of this by-law if the amount determined under subparagraph 2(2) i. A of this by-law is the greatest of the amounts determined under paragraph 2(2) i. of this by-law.

B. the amount calculated under paragraph 1 of subsection 332 (5) of the Act multiplied by 10 per cent as specified in subparagraph 2(2) i. B of this by-law, if the amount determined under subparagraph 2(2) i. B of this by-law is the greatest of the amounts determined under paragraph 2(2) i. of this by-law, or

C. the amount calculated under paragraph 1 of subsection 332 (5) of the Act multiplied by 5 per cent as specified in subparagraph 2(2) i. C of this by-law if the amount determined under subparagraph 2(2) i. C of this by-law is the greatest of the amounts determined under paragraph 2(2) i. of this by-law.

(3) The amount of the taxes for municipal and school purposes for a property for the taxation year shall be the amount of the uncapped taxes for the property for the year if the amount of the uncapped taxes exceeds the amount of the taxes for municipal and school purposes for the property for the taxation year as determined under section 329 of the Act by $250 or a lesser amount.

(4) The amount of the taxes for municipal and school purposes for a property for the taxation year shall be the amount of the uncapped taxes for the property for the year if the amount of the taxes for municipal and school purposes for the property for the taxation year as determined under section 330 of the Act exceeds the amount of the uncapped taxes by $250 or a lesser amount.

3. The optional tools established by section 2 of this by-law shall be applied in the calculation of the amount of taxes for municipal and school purposes payable in respect of the applicable property classes, for the taxation year, in order to maximize the taxes imposed for properties that are capped and to maximize decreases for properties for which taxes are clawed-back.

4. For the purposes of sections 2 and 3, paragraphs 1-4 of section 329.1 of the Act apply in the calculation of the amount of taxes for municipal and school purposes in respect of the property in the commercial classes, industrial classes or multi-residential property class for the taxation year.

5. Section 8.0.2 of Ontario Regulation 73/03 as amended applies within the Regional Municipality of Peel for the 2012 taxation year.

6. A property is exempt from the application of Part IX of the Act for the 2012 taxation year pursuant to Section 8.0.2 of Ontario Regulation 73/03, if the property meets any of the following conditions:

(1) The taxes for the property in the previous year were equal to its uncapped taxes for that year.

(2) As a result of Part IX of the Act, the taxes for the property in the previous year were lower than the property’s uncapped taxes for that year, but in the current 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 year was limited under Part IX of the Act, but in the current 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.

 


READ THREE TIMES AND PASSED IN OPEN COUNCIL this 12th day of April, 2012.

C.Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair