First Session, 48th

General Assembly

65 Elizabeth II,

BILL 62

AN ACT TO AMEND THE CITY OF ST.

JOHN'S ACT AND THE CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE EDDIE

JOYCE

Minister of

Municipal Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the City of St. John's Act to provide that a

business improvement area levy may be imposed by the council in accordance with

the City of St. John's Municipal Taxation

Act .

This Bill would amend the City of St. John's Municipal Taxation Act

to provide that

"taxes", unless

otherwise stated, include levies;

business improvement area

levies may be imposed on persons carrying on a business within a business improvement

area or on owners of real property on which a business is being carried on,

where that real property is within a business improvement area;

a business improvement area

levy charged or collected by the city during the period from January 1, 2013 to

the day the proposed subsection comes into force shall be considered to have been

validly charged or collected where that levy was charged to or collected from a

person who carried on a business within a business improvement area or from an owner

of real property on which a business was carried on, where that real property

was within a business improvement area;

a business improvement area

levy shall be fixed annually by resolution of the council and may be fixed in

accordance with certain listed methods;

the council shall determine the

manner and time that a business improvement area levy is to be paid;

the council may establish

different levies for different business improvement areas by resolution; and

leases, licences or permits for

commercial property in effect on January 1, 2013 are considered to include a

clause to require an annual deposit in relation to a business improvement area

levy where that lease, licence or permit does not include such a clause.

A BILL

AN ACT TO AMEND THE CITY OF ST. JOHN'S ACT

AND THE CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT

Analysis

CITY

OF ST. JOHN 'S

ACT

S.99 Amdt.

Business improvement areas

CITY

OF ST. JOHN 'S

MUNICIPAL TAXATION ACT

S.2 Amdt.

Interpretation

3. Ss.4.1 & 4.2 Added

4.1 Business improvement

area levy

4.2 Business improvement

area levy rate

S.14 Amdt.

Rent increase where tax increase

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

CITY OF ST.

JOHN 'S ACT

RSNL1990 cC-17

as amended

1. (1) Paragraph 99(9)(

a) of the City of St.

John's Act is repealed and the following substituted:

(

a) in order to provide revenue to a board for

annual operating and other expenses, impose a business improvement area levy in

accordance with sections 4.1 and 4.2 of the City

of St. John's Municipal Taxation Act ;

(2) Paragraph 99(9)(

b) of the Act is repealed.

CITY OF ST.

JOHN 'S MUNICIPAL

TAXATION ACT

SNL2006 cC-17.1

as amended

2. (1) Subsection 2(1) of the City of St. John's Municipal Taxation Act

is amended by adding immediately after paragraph (

b) the following:

(b.1) "business improvement area" means a

commercial area of the city which has been declared and designated a business

improvement area under subsection 99(2) of the City of St. John's Act ;

(b.2) "business improvement area board"

means a board appointed under subsection 99(5) of the City of St. John's Act ;

(2) Paragraph 2(1)(

l) of the Act is repealed and

the following substituted:

(l) "taxes", unless otherwise stated,

include taxes, rates, licence fees, assessments, levies or other indebtedness

to the council.

3. The Act is amended by adding immediately after

section 4 the following:

Business improvement

area levy

4.1

(1) The

council may, in order to provide revenue to a business improvement area board

for annual operating and other expenses, impose an annual levy on

(

a) persons carrying on a business within a

business improvement area; or

(

b) owners of real property on which a business is

being carried on, where that real property is within a business improvement

area.

(2) A business improvement area levy charged or

collected by the city during the period from January 1, 2013 to the day this

subsection came into force shall be considered to have been validly charged or collected

where that levy was charged to or collected from

(

a) a person who carried on a business within a

business improvement area; or

(

b) an owner of real property on which a business

was carried on, where that real property was within a business improvement

area.

Business improvement

area levy rate

4.2

(1) A

business improvement area levy shall be fixed annually by resolution of the

council and may be fixed in accordance with one of the following methods:

(

a) a percentage of the value of the real property

occupied by the business;

(

b) a set fee; or

(

c) by reference to a scale specifying separate

classifications or categories of businesses and assigning to each classification

or category a specific fee.

(2) A business improvement area levy shall be payable

in a manner and at a time that the council shall determine.

(3) The council may establish different levies for

different business improvement areas by resolution.

4. Subsection 14(1) of the Act is repealed and the

following substituted:

Rent increase

where tax increase

(1) Notwithstanding

a provision in a lease, licence or permit for commercial property that is in effect

on January 1, 2013, where that lease, licence or permit does not include a

provision enabling the owner of the commercial property to increase the rent or

require an annual deposit in relation to an increase in property tax or a

business improvement area levy payable by the owner, that lease, licence or permit

is considered to include such a clause.

Queen's Printer