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Volume 63, No. 9

108/2020

The British Columbia Gazette,

Part II

May 19, 2020

B.C. Reg. 108/2020 , deposited May 19, 2020, under the SCHOOL ACT [section 117.1]. Order in Council 253/2020, approved and ordered May 19, 2020.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective January 1, 2020,

the attached Additional School Tax Regulation is made.

— C. JAMES, Minister of Finance and Deputy Premier ; L. BEARE, Presiding Member of the Executive Council .

ADDITIONAL SCHOOL TAX REGULATION

Definitions

1 In this regulation:

"Act" means the School Act ;

"long-term lease" means a lease registered in the land title office that has a term of 60 years or

more, as determined in accordance with

section 4 [how term of lease must be determined] .

Application

2 This regulation applies in respect of the 2020 taxation year and subsequent taxation

years.

Dwelling property does not include property owned by certain lessees of Crown or

other lands

3 For the purposes of

section 117.1 [definitions for this Division] of the Act, "dwelling property" does not include property owned by a person if both of the following apply in respect of a taxation year:

(

a) the person holds or occupies the property, under a long-term lease, in the

manner referred to in one of the following provisions of the Assessment Act :

(

i) section 26 [assessment of land the fee of which is in the Crown] ;

(ii)

section 27 [assessment of exempt land held by occupier] ;

(iii)

section 28 [assessment of land the fee of which is in the municipality] ;

(

b) as at October 31 of the preceding taxation year, there were less than 30 years

remaining in the term of the long-term lease.

How term of lease must be determined

(1) For the purposes of this regulation, the term of a long-term lease of a property

must be determined by adding

(

a) the number of years for which a lessee has the right to occupy the property

under the long-term lease, and

(

b) the maximum number of years, not already counted under paragraph (a), for

which a lessee would have the right to occupy the property were the lessee to exercise

all rights or options to renew or extend the long-term lease.

(2) If the number determined under subsection (1) includes a portion of a year,

the number must be rounded up to the next whole number.

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