2019 Legislative Session: 4th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. TODD STONE

BILL M 226 – 2019

ASSESSMENT (SPLIT ASSESSMENT

CLASSIFICATION) AMENDMENT ACT, 2019

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 19 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended:

(

a) in subsection (1) by striking out the period at the end of the definition of "strata accommodation property" and substituting a semicolon, and by adding the following definition:

"unused airspace" is that part of a property which has no improvement and only consists of the empty space located above property with an improvement. ,

(

b) in subsection (14.1) by striking out the period at the end of paragraph (

e) and substituting a semicolon, and by adding the following paragraph:

(e.1) in relation to unused airspace, respecting

(

i) the classification of unused airspace,

(ii) qualifying improvements above which airspace may be deemed to be classified as unused airspace,

(iii) a limit on the tax rate applied to land classified as unused airspace, and

(iv) a limit on the relationship between the tax rate applied to land classified as unused airspace and another tax rate. , and

(

c) by adding the following subsection:

(14.6) In prescribing limits under subsection (14.1) (e.1) (iii) or (iv), the maximum tax rate on unused airspace must be lower than the limit that applies to commercial property.

Part 1 of the Prescribed Classes of Property Regulation, B.C. Reg. 438/81, is amended:

(

a) in

section 1 (1) (c) (

i) by striking out " Class 9 " and substituting " Class 6.1 or 9 ", and

(

b) by adding the following section:

Class 6.1 – Unused Airspace

6.1 Class 6.1 property shall only include unused airspace that is located immediately above property with an improvement that is included in class 4, 5 or 6.

Consequential Amendments

Vancouver Charter

Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out the period at the end of the definition of "street" and substituting a semicolon, and by adding the following definition:

"unused airspace" has the same meaning as it does in

section 19 of the Assessment Act .

Section 374.3 is amended by adding the following subsection:

(4) A regulation made under subsection (1) respecting levy rates on property classified as unused airspace must be in accordance with

section 19 (14.6) of the Assessment Act .

Community Charter

5 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following section:

199.1 A regulation made under

section 199 respecting tax rates on property classified as unused airspace must be in accordance with

section 19 (14.6) of the Assessment Act .

Section 1 of the

Schedule is amended by adding the following definition:

"unused airspace" has the same meaning as it does in

section 19 of the Assessment Act .

Commencement

7 This Act comes into force on the date of Royal Assent.

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c) Queen’s Printer, Victoria, British Columbia, Canada