British Columbia Bill 203 (Private Member) — 42nd Parliament, 3rd Session — Previous Version 1

42-3 Member Bill 203-1

British Columbia — Bills

3rd Session, 42nd Parliament

(2022) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. TODD STONE

BILL M 203 – 2022

ASSESSMENT (SPLIT ASSESSMENT

CLASSIFICATION) AMENDMENT ACT, 2022

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

CLAUSE 1: [Assessment Act,

section 19]

adds a definition of "unused airspace",

adds a regulation-making power in respect of unused airspace,

provides a limit on the prescribed tax rate on unused airspace.

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

(

a) in subsection (1) 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 adding the following paragraph:

(

f) 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) (f) (iii) or (iv), the maximum tax rate on unused airspace must be lower than the limit that applies to commercial property.

Consequential Amendments

Community Charter

CLAUSE 2: [The Community Charter,

section 199.1] is consequential to amendments made to the Assessment Act by this Bill.

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

Unused airspace tax rates

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 .

CLAUSE 3: [The Community Charter,

section 1 of the Schedule] adds a definition for the purposes of

section 199.1 being added to the Act by this Bill.

Section 1 of the

Schedule is amended by adding the following definition:

"unused airspace" has the same meaning as in

section 19 of the Assessment Act .

Prescribed Classes of Property Regulation

CLAUSE 4: [Prescribed Classes of Property Regulation,

Part 1] is consequential to amendments made to the Assessment Act by this Bill.

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.

Vancouver Charter

CLAUSE 5: [Vancouver Charter,

section 2] adds a definition for the purposes of

section 374.3 (4) being added to the Act by this Bill.

Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definition:

"unused airspace" has the same meaning as in

section 19 of the Assessment Act .

CLAUSE 6: [Vancouver Charter,

section 374.3] is consequential to amendments made to the Assessment Act by this Bill.

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