Budget Measures and Interim Appropriation Act, 2008 (No. 2) Duncan, Hon. Dwight Minister of Finance — Bill 114 (39th Parliament, 1st Session)

Bill 114, 39-1

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Bill 114, Budget Measures and Interim Appropriation Act, 2008 (No. 2)

Duncan, Hon. Dwight Minister of Finance

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[39] Bill 114 Royal Assent (PDF)

Bill 114 2008

An Act respecting Budget measures,

interim appropriations and other matters, to amend the Ottawa Congress Centre

Act and to enact the Ontario Capital Growth Corporation Act, 2008

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History on www.e-Laws.gov.on.ca.

CONTENTS

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule

Schedule W

Contents

of this Act

Commencement

Short

title

Assessment

Act

Commodity

Futures Act

Corporations

Tax Act

Education

Act

Electricity

Act, 1998

Executive

Council Act

Financial

Administration Act

Fuel

Tax Act

Income

Tax Act

Interim

Appropriation for 2009-2010 Act, 2008

Legal

Aid Services Act, 1998

Limitations

Act, 2002

Local

Roads Boards Act

Northern

Services Boards Act

Ontario

Capital Growth Corporation Act, 2008

Ottawa Congress Centre Act

Provincial Land Tax Act, 2006

Securities

Act

Social

Housing Reform Act, 2000

Supplementary

Interim Appropriation Act, 2008

Taxation

Act, 2007

Amendments to Various

Acts Consequential to the Enactment of the Taxation Act, 2007

Tobacco Tax Act

___________

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

Same

(2) The Schedules to this Act come into force as provided

in each Schedule.

Same

(3) If a

Schedule to this Act provides that any provisions

are to come into force on a day to be named by proclamation of the Lieutenant

Governor, a proclamation may apply to one or more of those provisions, and

proclamations may be issued at different times with respect to any of those

provisions.

Short title

3. The

short title of this Act is the Budget Measures and Interim

Appropriation Act, 2008 (No. 2).

Schedule A

assessment Act

1. Subsection

2 (2) of the Assessment Act is amended by adding

the following clause:

(d.7) prescribing

land to which subsection 40 (3) does not apply;

2. (1) Subsection

3 (1) of the Act is amended by adding the following paragraph:

Care

homes

7. Land

that is used as a care home within the meaning of the Residential

Tenancies Act, 2006 if the following conditions are satisfied:

i. the

operator of the care home,

A. is currently operating an approved charitable home

for the aged under the Charitable Institutions Act ,

B. on or before January 1, 2004 was operating an

approved charitable home for the aged under the Charitable

Institutions Act and is currently operating a nursing home under the Nursing Homes Act or a long-term care home under the Long-Term Care Homes Act, 2007 ,

ii. the

operator of the care home is a registered charity within the meaning of

subsection 248 (1) of the Income Tax Act (Canada), and

iii. the

land is owned, used and occupied by the care home or, if the land is leased by

the care home, it is used and occupied by the care home and would be exempt

from taxation if it was occupied by the owner.

This paragraph does not apply to any portion of the land that is

occupied by a commercial tenant or that is a self-contained residential unit.

(2) Paragraph 20 of subsection 3 (1) of the Act is repealed

and the following substituted:

Mineral

land and minerals

20. The

buildings, plant and machinery under mineral land and the machinery in or on

the land only to the extent and in the proportion that the buildings, plant and

machinery are used for obtaining minerals from the ground, and all minerals

that are in, on or under land.

(3) Subsection 3 (1) of the Act is amended by adding the

following paragraph:

Additional

residential units for seniors

22.1 A

structure erected or placed on land that is a garden suite within the meaning

of the Planning Act , if the following conditions

are satisfied:

i. a

by-law or order under the Planning Act provides

that the use of the garden suite is temporary,

ii. the

garden suite is used as the personal residence of a person who is at least 65

years of age, and

iii. the

landowner also has his or her personal residence on the land and is a family

member of the person described in subparagraph ii.

Section

19.1 of the Act is amended by adding the following subsections:

Assessment

corporation to make adjustment

(5) If a change is made to the current value of land other

than a change resulting from a general reassessment, the assessment corporation

shall make any adjustments required under this section.

Adjustment

for arithmetical error

(6) If, at any time during a taxation year, the assessment

corporation determines that there has been an arithmetical error in an

adjustment under this

section for the year or a subsequent taxation year, the

corporation shall make an adjustment to correct the error.

Notice

of adjustment

(7) If an adjustment is made under subsection (5) or

(6) and no notice showing the adjustment is otherwise given under this Act, the

assessment corporation shall notify the person against whom the land is

assessed and the municipality within 90 days of making the adjustment.

Exception

(8) Sections 39.1 and 40 do not apply to a notice given

under subsection (7).

Section

31 of the Act is amended by adding the following subsection:

Exception

(1.0.1) Subsection (1) does not apply where the only

change is an adjustment made under

section 19.1.

5. (1) Subsection

32 (1) of the Act is amended by striking out "any notice provided for by

section 31" and substituting "any notice provided for under this Act".

(2) Subsection 32 (1.1) of the Act is amended by striking

out "any notice provided for by

section 31" in the portion before paragraph 1

and substituting "any notice provided for under this Act".

(3) Subsection 32 (2) of the Act is amended by striking

out the portion before paragraph 1 and substituting the following:

Change

in classification

(2) The following rules apply if, as a result of a change

in the regulations made under this Act or the Education

Act , the classification of land is changed and taxes have been levied on

the land that exceed the amount of taxes that would have been levied on the

land if it had been classified in accordance with the change in the regulations:

. . . .

(4) Subsection 32 (3) of the Act is amended by striking

out "for the current year or for all or part of the preceding year" at the end

of the portion before paragraph 1.

(5) Subsection 32 (4) of the Act is amended by striking

out "for the current year or for all or part of the preceding year" in the

portion before paragraph 1.

(6) Subsection 32 (5) of the Act is repealed.

6. Subsection

39 (1) of the Act is amended by adding "or a local roads area under the Local Roads Boards Act " after "the assessment roll for a

locality".

(1) Subsection

39.1 (1) of the Act is repealed and the following substituted:

Reconsideration

of assessment

(1) For 2009 and subsequent taxation years, the owner of a

property or a person who has received or would be entitled to receive a notice

of assessment under this Act may request the assessment corporation to

reconsider the following matters no later than March 31 of the taxation year in

respect of which the request is made:

1. Any

matter that could form the basis of an appeal under subsection 40 (1).

2. Any

matter that could form the basis of an application under

section 46.

(2) Subsection 39.1 (3) of the Act is amended by adding

"or March 31 of the taxation year, whichever is later" at the end.

8. (1) Subsection

40 (8) of the Act is amended by adding "or March 31 of the taxation year,

whichever is later" at the end.

(2) Subsection 40 (12) of the Act is repealed.

(3) Clauses 40 (26) (

a) and (

b) of the Act are repealed

and the following substituted:

(

a) in

relation to the assessments under sections 32, 33 and 34 for the year; and

(

b) in

relation to the assessment, including assessments under sections 32, 33 and 34,

for a subsequent taxation year to which the same general reassessment applies,

if the appeal is not finally disposed of before March 31 of the subsequent

taxation year or, if an assessment has been made under

section 32, 33 or 34,

before the 90th day after the notice of assessment was mailed.

Commencement

(1) Subject

to subsections (2) and (3), this

Schedule comes into force on the day the Budget Measures and Interim Appropriation Act, 2008 (No. 2) receives Royal Assent.

Same

(2) Subsections 2 (1) and (2) are deemed to have come into

force on January 1, 2004.

Same

(3) Subsection 2 (3) is deemed to have come into force on

January 1, 2005.

Schedule b

Commodity Futures Act

Section

60 of the Commodity Futures Act is amended by

adding the following subsection:

Inter-jurisdictional

enforcement

(9) Without limiting the generality of subsections (1) and

(4), an order may be made under subsection (1) or (4) in respect of a person or

company if any of the following circumstances exist:

1. The

person or company has been convicted in any jurisdiction of an offence arising

from a transaction, business or course of conduct related to commodities or

contracts.

2. The

person or company has been convicted in any jurisdiction of an offence under a

law respecting the buying or selling of commodities or contracts.

3. The

person or company has been found by a court in any jurisdiction to have

contravened the laws of the jurisdiction respecting the buying or selling of

commodities or contracts.

4. The

person or company is subject to an order imposing sanctions, conditions,

restrictions or requirements on the person or company that is made by an

authority in any jurisdiction responsible for the regulation of commodities and

contracts.

5. The

person or company has agreed with an authority in any jurisdiction responsible

for the regulation of commodities and contracts that the person or company be

made subject to sanctions, conditions, restrictions or requirements.

Commencement

2. This

Schedule comes into force on the day the Budget Measures

and Interim Appropriation Act, 2008 (No. 2) receives Royal Assent.

Schedule c

corporations Tax Act

(1) Subsection

43.3 (3.2) of the Corporations Tax Act is amended

by striking out the portion before the formula and substituting the following:

Expenditure

limit, taxation year ending after May 4, 1999 and before February 26, 2008

(3.2) Subject to subsections (3.3) and (3.7), the amount

of a corporation's expenditure limit for a taxation year that ends after May 4,

1999 and before February 26, 2008 is the amount that would be determined to be

its expenditure limit for the taxation year for the purposes of subsection 127

(10.1) of the Income Tax Act (Canada) if, for the

purposes of the definition of "B" in subsection 127 (10.2) of that Act, the

business limit of a corporation were considered to be the amount, if any, by

which the business limit of the corporation for the taxation year as determined

under subsection 41 (3.1) without the application of paragraph 125 (5) (

b) of

the Income Tax Act (Canada) and this subsection

exceeds the amount calculated using the formula,

. . . .

(2) Section 43.3 of the Act is amended by adding the

following sub

Document details

Collection	Ontario — Bills
Citation	Bill 114, 39-1
Type	bill
Volume / chapter	p39 s1 bill 114 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4d064ce9bbde152e2ad7ddc0fedec03472d80cb4

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