Municipal Act, 2001, S. O. 2001, c

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 33, section 145 by adding the following section:

Tax relief re: cemeteries

357.1  (1)  The purpose of this section is to provide tax relief to a cemetery owner if the cemetery’s care and maintenance fund is not adequately funded. 2002, c. 33, s. 145.

Application for cancellation, reduction, refund

(2)  If a cemetery is located in a local municipality and the cemetery owner has a deficiency in one or more of its care and maintenance funds as prescribed, the cemetery owner may apply to the treasurer of the local municipality for the cancellation, reduction or refund of all or part of the taxes assessed or levied against the part of the land that is eligible land in the year in respect of which the application is made. 2002, c. 33, s. 145.

Timing of application

(3)  An application under subsection (2) shall be delivered to the local municipality on or before February 28 of the year following the taxation year in respect of which the notice is given or such later date as the Minister of Finance may prescribe. 2002, c. 33, s. 145.

Registrar’s notice

(4)  The application under subsection (2) shall include a notice from the registrar prepared under section 54 of the Funeral, Burial and Cremation Services Act, 2002, which notice shall,

(a) confirm whether the owner has a deficiency in its care and maintenance fund; and

(b) direct the local municipality to cancel the taxes assessed or levied on the eligible land or to reduce or refund the taxes by the amount specified in the notice. 2002, c. 33, s. 145.

Decision by registrar

(5)  The decision made by the registrar as to whether the taxes assessed or levied against the eligible land should be cancelled, reduced or refunded and as to the amount of any reduction or refund of the taxes assessed or levied against the eligible land shall be made in accordance with the regulations, but in no case shall the amount of a refund exceed the amount of the taxes assessed or levied in respect of the eligible land in the taxation year in respect of which the application is made. 2002, c. 33, s. 145.

Compliance by municipality

(6)  Upon receipt of a notice under subsection (4), the local municipality shall carry out the direction contained in the notice. 2002, c. 33, s. 145.

Same

(7)  The local municipality shall issue any refund to which a cemetery owner is entitled under this Act within 120 days after the last day on which the owner is entitled to make an application under subsection (3). 2002, c. 33, s. 145.

Regulations

(8)  The Minister of Finance may make regulations,

(a) defining deficiency for the purposes of this section;

(b) prescribing the cemetery that has a deficiency in its care and maintenance fund for the purposes of subsection (2) and respecting the manner in which the owner of one or more cemeteries may calculate deficiencies in his or her care and maintenance funds;

(c) prescribing a date for the purposes of subsection (3);

(d) governing the decision made by the registrar as to whether to cancel the taxes assessed or levied against the eligible land or as to the amount of the reduction or refund of the taxes assessed or levied against the eligible land and respecting the determination as to the amount of the reduction or refund. 2002, c. 33, s. 145.

Definitions

(9)  In this section,

“care and maintenance fund” and “cemetery” have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; (“fonds d’entretien”, “cimetière”)

“commercial cemetery” means a cemetery operated for the purpose of making a profit for the owner; (“cimetière commercial”)

“crematorium”, “funeral establishment”, “licensed services” and “licensed supplies” have the same meaning as they have in the Funeral, Burial and Cremation Services Act, 2002; (“crématoire”, “résidence funéraire”, “services autorisés”, “fournitures autorisées”)

“deficiency” means a deficiency as defined by regulation; (“insuffisance”, “insuffisant”)

“eligible land” means land located on a cemetery other than a commercial cemetery that is liable to assessment and taxation in respect of the operation of a crematorium, funeral establishment, transfer service or other business related to the provision of licensed supplies or licensed services; (“bien-fonds admissible”)

“registrar” means the registrar appointed with respect to cemeteries under the Funeral, Burial and Cremation Services Act, 2002; (“registrateur”)

“transfer service” means a transfer service as defined in the Funeral, Burial and Cremation Services Act, 2002. (“service de transfert”) 2002, c. 33, s. 145.

See: 2002, c. 33, ss. 145, 154.

Overcharges

358.  (1)  Upon application to the treasurer of a local municipality made in accordance with this section, the local municipality may cancel, reduce or refund all or part of the taxes levied on land in one or both of the two years preceding the year in which the application is made for any overcharge caused by a gross or manifest error in the preparation of the assessment roll that is clerical or factual in nature, including the transposition of figures, a typographical error or similar errors, but not an error in judgment in assessing the property. 2001, c. 25, s. 358 (1).

Application

(2)  An application may only be made by the owner of the land or by another person described in subsection 357 (2). 2001, c. 25, s. 358 (2).

Timing

(3)  An application must be filed with the treasurer between March 1 and December 31 of a year and may apply to taxes levied for one or both of the two years preceding the year in which the application is made and the application shall indicate to which year or years it applies. 2001, c. 25, s. 358 (3).

Exception

(4)  Despite subsection (3), if the assessment corporation extends the time for the return of the assessment roll under subsection 36 (2) of the Assessment Act, an application shall not be made until at least 61 days after the return. 2001, c. 25, s. 358 (4).

Restriction

(5)  Despite subsection (3), an application shall not be made for taxes levied in a year if the assessment on the land for that year was subject to an appeal, complaint or application under section 35, 40 or 46 of the Assessment Act unless,

(a) the error is made subsequent to the commencement of all appeals, complaints or applications;

(b) the appeal, complaint or application,

(i) is made by a person other than the taxpayer,

(ii) is withdrawn before the appeal, complaint or application is actually heard,

(iii) is made in respect of a change to or the addition of the school support of the taxpayer on or to the assessment roll, or

(iv) is made in respect of a change to the name or mailing address of the taxpayer on the assessment roll; or

(c) the appeal, complaint or application is in a class of appeals, complaints or applications prescribed by the Minister. 2001, c. 25, s. 358 (5).

Copy to be provided

(6)  The treasurer shall send a copy of the application to the assessment corporation and the registrar of the Assessment Review Board. 2001, c. 25, s. 358 (6).

Confirmation

(7)  An application shall not be heard by council under subsection (9) unless the assessment corporation confirms an error in the assessment referred to in the application. 2001, c. 25, s. 358 (7).

Notice

(8)  If an application is not valid under subsection (5), the treasurer shall notify the applicant in writing of the reasons it is not valid. 2001, c. 25, s. 358 (8).

Meeting

(9)  On or before September 30 of the year following the year in which the application is made, council shall,

(a) hold a meeting at which the applicant may make representations to council;

(b) notify the applicant of the meeting by mail sent at least 14 days before the meeting; and

(c) make its decision. 2001, c. 25, s. 358 (9).

Notice

(10)  Within 14 days after making its decision, council shall notify the applicant of the decision. 2001, c. 25, s. 358 (10).

Committee

(11)  A council may appoint a committee composed of at least three persons who are members of council or who are eligible to be elected members of council, excluding employees of the municipality or its local boards, to hear applications under clause (9) (a) and to provide its recommendations to council and section 252 applies with necessary modifications to the committee. 2001, c. 25, s. 358 (11).

Delegation of power

(12)  A council may pass a by-law authorizing the Assessment Review Board to exercise the powers and functions of the council under subsections (1) and (9) with respect to applications made under subsection (1) and subsections (7) and (8) do not apply to these applications. 2001, c. 25, s. 358 (12).

Copy to be provided

(13)  The council shall forward to the registrar of the Assessment Review Board and to the assessment corporation a certified copy of any by-law passed under subsection (12). 2001, c. 25, s. 358 (13).

Regulations

(14)  The Minister may make regulations prescribing classes of appeals, complaints or applications for the purpose of clause (5) (c). 2001, c. 25, s. 358 (14).

Copy of decision

(15)  The council and the Assessment Review Board shall forward a copy of their decisions under this section to the assessment corporation, but failure to comply with this requirement does not invalidate the proceedings taken under this section. 2001, c. 25, s. 358 (15).

Increase of taxes

359.  (1)  Upon application made by the treasurer of the local municipality, a local municipality may increase the taxes levied on land in the year in respect of which the application is made to the extent of any undercharge caused by a gross or manifest error that is a clerical or factual error, including the transposition of figures, a typographical error or similar error, but not an error in judgement in assessing the land. 2001, c. 25, s. 359 (1); 2002, c. 17, Sched. A, s. 63 (1).

Exception

(2)  An application cannot be made under subsection (1) if the treasurer has issued a tax statement under section 352 with respect to the taxes before notice is given under clause (3) (b). 2001, c. 25, s. 359 (2).

Deadline

(2.1)  An application under this section must be made on or before December 31 of the year following the year in respect of which the application is made. 2002, c. 17, Sched. A, s. 63 (2).

Meeting

(3)  Council shall,

(a) hold a meeting at which the treasurer and the person in respect of whom the application is made may make representations to council;

(b) notify the treasurer and the person in respect of whom the application is made of the meeting by mail sent at least 14 days before the meeting; and

(c) make its decision. 2001, c. 25, s. 359 (3).

Notice

(4)  Within 14 days after making its decision, council shall notify the treasurer and the person in respect of whom the application is made of the decision and specify the last day for appealing the decision. 2001, c. 25, s. 359 (4).

Appeal

(5)  Within 35 days after council makes its decision, the person in respect of whom the application is made may appeal the decision of council to the Assessment Review Board by filing a notice of appeal with the registrar of the board. 2001, c. 25, s. 359 (5).

Notice

(6)  The Assessment Review Board shall notify the appellant and the treasurer of the municipality of the hearing by mail sent at least 14 days before the hearing. 2001, c. 25, s. 359 (6).

Decision

(7)  The Assessment Review Board shall hear the appeal and may make any decision that council could have made. 2001, c. 25, s. 359 (7).

Delegation of power

(8)  The council may pass a by-law authorizing the Assessment Review Board to exercise the powers and functions of the council under subsections (1) and (3) with respect to applications made under subsection (1). 2001, c. 25, s. 359 (8).

Non-application

(9)  Subsections (4), (5), (6) and (7) do not apply to applications made under subsection (1) if a delegation by-law under subsection (8) is in force on the day the application is made. 2001, c. 25, s. 359 (9).

Copy to be provided

(10)  The council shall forward to the registrar of the Assessment Review Board and to the assessment corporation a certified copy of any by-law passed under subsection (8) and a copy of every application received to which the by-law applies. 2001, c. 25, s. 359 (10).

Decision final

(11)  A decision of the Assessment Review Board under this section is final. 2001, c. 25, s. 359 (11).

Collection

(12)  The amount of an increase in taxes under this section is collectible as if it had been levied and included on the original tax bill except,

(a) the amount is not payable until the time for appealing has expired or, if an appeal is made, the Assessment Review Board has made its decision; and

(b) the amount is not subject to late-payment charges until the 22nd day after the amount becomes payable. 2001, c. 25, s. 359 (12).

Notice

(13)  The council and the Assessment Review Board shall forward a copy of their decisions under this section to the assessment corporation but failure to comply with this requirement does not invalidate the proceedings taken under this section. 2001, c. 25, s. 359 (13).

Error in calculating taxes

359.1  (1)  Despite paragraph 1 of subsection 329 (2), upon application made by the treasurer of a local municipality, the local municipality may, if it is satisfied that there was an error in the calculation of taxes on land under Part IX or under Part XXII.1, XXII.2 or XXII.3 of the old Act, authorize the use of an amount of taxes referred to in paragraph 1 of subsection 329 (2) for the year in which the application is made which reflects what the taxes would have been on the land for the previous year if the error had not been made. 2004, c. 31, Sched. 26, s. 7.

Meeting

(2)  Before making a decision under subsection (1), council shall,

(a) hold a meeting at which the treasurer and the person in respect of whom the application is made may make representations to council; and

(b) notify the treasurer and the person in respect of whom the application is made of the meeting by mail sent at least 14 days before the meeting. 2004, c. 31, Sched. 26, s. 7.

Notice

(3)  Within 14 days after making its decision, the council shall notify the treasurer and the person in respect of whom the application is made of the decision. 2004, c. 31, Sched. 26, s. 7.

Appeal

(4)  The provisions of subsections 359 (5), (6) and (7) apply to a decision of a council under this section, with necessary modifications. 2004, c. 31, Sched. 26, s. 7.

No authority to change previous year’s taxes

(5)  Nothing in this section authorizes a municipality to change the taxes levied on land for a previous year. 2004, c. 31, Sched. 26, s. 7.

Regulation

360.  For the purpose of sections 357, 358 and 359, the Minister may by regulation define “gross or manifest error”. 2001, c. 25, s. 360.

Rebates for charities

361.  (1)  Every municipality, other than a lower-tier municipality, shall have a tax rebate program for eligible charities for the purposes of giving them relief from taxes or amounts paid on account of taxes on eligible property they occupy. 2002, c. 22, s. 159 (1).

Eligible charities, property

(2)  For the purposes of this section,

(a) a charity is eligible if it is a registered charity as defined in subsection 248 (1) of the Income Tax Act (Canada) that has a registration number issued by the Canada Customs and Revenue Agency;

(b) a property is eligible if it is in one of the commercial classes or industrial classes, within the meaning of subsection 308 (1). 2001, c. 25, s. 361 (2).

Program requirements

(3)  A tax rebate program under this section is subject to the following requirements:

1. The program must provide for a rebate for an eligible charity that pays taxes or amounts on account of taxes on eligible property it occupies.

2. The amount of a rebate required under paragraph 1 must be at least 40 per cent, or such other percentage as the Minister of Finance may prescribe, of the taxes or amounts on account of taxes paid by the eligible charity on the property it occupies. If the eligible charity is required to pay an amount under section 367 or 368, the amount of the rebate shall be the total of the amounts paid by the eligible charity under those sections.

3. The program must provide that payment of one-half of the rebate must be made within 60 days after the receipt by the municipality of the application of the eligible charity for the rebate for the taxation year and the balance of the rebate must be paid within 120 days of the receipt of the application.

4. The program must permit the eligible charity to make an application for a rebate for a taxation year based on an estimate of the taxes or amounts on account of taxes payable by the eligible charity on the property it occupies.

5. The program must provide for final adjustments, to be made after the taxes or amounts on account of taxes paid by the charity can be determined, in respect of differences between the estimated rebate paid by the municipality and the rebate to which the charity is entitled.

6. The program must require, as a condition of receiving a rebate for a year, that a charity repay any other municipality amounts by which the rebates the charity received for the year from that other municipality exceed the rebates from that other municipality to which the charity is entitled for the year.

7. An application for a taxation year must be made after January 1 of the year and no later than the last day of February of the following year. 2001, c. 25, s. 361 (3); 2002, c. 22, s. 159 (2-5).

Program options

(4)  The following apply with respect to what a tax rebate program under this section may provide but is not required to provide:

1. The program may provide for rebates to organizations that are similar to eligible charities or a class of such organizations defined by the municipality.

2. The program may provide for rebates to eligible charities or similar organizations for taxes or amounts on account of taxes on property that is in any class of real property prescribed under the Assessment Act.

3. The program may provide for rebates that are greater than those required under subsection (3) and may provide for different rebate amounts for different eligible charities or similar organizations up to 100 per cent of the taxes paid by the eligible charity or similar organization.

4. The program may provide for adjustments in respect of the rebates for a year to be deducted from amounts payable in the next year for the next year’s rebates. 2001, c. 25, s. 361 (4); 2002, c. 22, s. 159 (6).

Procedural requirements

(5)  The program may include procedural requirements that must be satisfied for an eligible charity to be entitled to a rebate required under subsection (3). 2001, c. 25, s. 361 (5).

Who gives rebates

(6)  Rebates under a program of a municipality under this section shall be given by the municipality unless the municipality is an upper-tier municipality, in which case the rebates shall be given by the lower-tier municipalities. 2001, c. 25, s. 361 (6).

Sharing amounts of rebates

(7)  The amount of a rebate paid under this section on a property shall be shared by the municipalities and school boards that share in the revenue from the taxes on the property in the same proportion as the municipalities and school boards share in those revenues. 2002, c. 22, s. 159 (7).

Statement of costs shared by school boards

(8)  The municipality that gives a rebate to a charity or similar organization shall also give the charity or similar organization a written statement of the proportion of the costs of the rebate that is shared by school boards. 2001, c. 25, s. 361 (8).

Interest

(9)  The municipality shall pay interest, at the same rate of interest that applies under subsection 257.11 (4) of the Education Act, on the amount of any rebate to which the eligible charity is entitled under this section if the municipality fails to rebate or credit the amount within the time specified in paragraph 3 of subsection (3) or within such other time as the Minister of Finance may prescribe. 2001, c. 25, s. 361 (9).

No fee

(10)  Despite this Act, no fee may be charged by the municipality to process an application under this section. 2001, c. 25, s. 361 (10).

Change of assessment

(10.1)  The following apply if the assessment of an eligible property for a year changes as a result of a request under section 39.1 of the Assessment Act, a complaint under section 40 of that Act or an application under section 46 of that Act:

1. A rebate under subsection (3) with respect to the year shall be redetermined using the new taxes on property for the year based on the new assessment.

2. If, as a result of a redetermination under paragraph 1, the amount of the rebate is increased, the increased amount shall be paid to the eligible charity in accordance with this section.

3. If, as a result of a redetermination under paragraph 1, the amount of the rebate is decreased and amounts paid on account of the rebate exceed the redetermined amount of the rebate, the excess payments are a debt due to the municipality which gave the rebate but the municipality shall not take any action to collect the debt, including the imposition of interest, until 120 days after providing the eligible charity with notice of the debt. 2002, c. 17, Sched. A, s. 64.

Regulations

(11)  The Minister of Finance may make regulations,

(a) governing programs under this section including prescribing additional requirements for the programs;

(b) governing procedural requirements the programs must include;

(c) prescribing a percentage for the purpose of paragraph 2 of subsection (3);

(d) prescribing a time period for the purpose of subsection (9). 2001, c. 25, s. 361 (11).

Interpretation

(12)  In this section, “tax” includes charges under section 208. 2002, c. 17, Sched. A, s. 64.

Tax reductions

362.  (1)  The council of a municipality, other than a lower-tier municipality, may by by-law passed on or before April 30 of the year to which it relates, provide for tax reductions for owners of all or part of the eligible amount on properties in the property classes described in subsection (2) that are designated in the by-law. 2001, c. 25, s. 362 (1).

Property classes

(2)  The property classes referred to in subsection (1) are the property classes that are subject to Part IX and the by-law may treat different property classes differently. 2001, c. 25, s. 362 (2).