[36] Bill 74 Original (PDF)
4588 Bathurst Act, 1997
EXPLANATORY NOTE
The purpose of the Bill is set out in the Preamble.
Bill Pr741997
An Act respecting 4588 Bathurst
Preamble
4588 Bathurst has applied for special legislation to authorize the cancellation of taxes for municipal and school purposes in respect of certain land it owns in the City of North York. The applicant represents that it was incorporated as a charitable corporation by letters patent dated July 26, 1994 and that it has a freehold interest in 4588 Bathurst Street in the City of North York. The applicant further represents that Bathurst Jewish Centre, a registered charitable organization within the meaning of the Income Tax Act (Canada), operates social, cultural, physical and spiritual programs out of 4588 Bathurst Street.
It is appropriate to grant the application.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"City" means The Corporation of the City of North York;
"land" means the land, as defined in the Assessment Act, described in the Schedule and owned by 4588 Bathurst;
"Metro" means The Corporation of the Municipality of Metropolitan Toronto;
"Metro School Board" means The Metropolitan Toronto School Board.
Tax cancellation
2. (1) Despite Parts VIII and XVII of the Municipality of Metropolitan Toronto Act, the City may pass by-laws cancelling the taxes payable for municipal purposes, other than local improvement rates, on the land if,
(a) the land is owned by 4588 Bathurst;
(b) the land is occupied and used solely for the purposes of Bathurst Jewish Centre; and
(c) Bathurst Jewish Centre is a registered charity within the meaning of the Income Tax Act (Canada).
Conditions
(2) A tax cancellation under subsection (1) may be subject to such conditions as may be set out in the by-law.
Metro resolution
3. (1) Despite Parts VIII and XVII of the Municipality of Metropolitan Toronto Act, Metro may by resolution direct the City to cancel the taxes payable on the land described in the Schedule for metropolitan purposes.
Notice
(2) Metro shall forward a copy of a resolution passed under subsection (1) to the City.
Metropolitan tax cancellation
(3) When the City receives a resolution passed under subsection (1), it shall by by-law cancel the taxes directed to be cancelled by the resolution.
School board resolution
4. (1) Despite Parts VIII and XVII of the Municipality of Metropolitan Toronto Act, the Metro School Board may by resolution direct the City to cancel the taxes payable on the land for all school purposes.
Notice
(2) The Metro School Board shall forward a copy of a resolution passed under subsection (1) to the City.
School tax cancellation
(3) When the City receives a resolution passed under subsection (1), it shall by by-law cancel the taxes directed to be cancelled by the resolution.
Notification to Minister
(4) The clerk of the City shall forward a copy of a by-law passed under subsection (3) to the Minister of Education and Training and shall notify the Minister if the by-law ceases to be in effect.
Notice to assessment commissioner
5. (1) The clerk of the City shall forward a copy of any by-law passed by the City under this Act to the assessment commissioner and shall notify the assessment commissioner if the by-law ceases to be in effect.
Collector's roll
(2) The treasurer of the City shall strike from the collector's roll each year that portion of the taxes that is no longer due and payable by reason of the by-law passed.
Chargeback
6. (1) Section 421 of the Municipal Act applies with necessary modifications to taxes cancelled under sections 3 and 4.
Notification
(2) The clerk of the City shall notify the Minister of Education and Training of the amount of taxes charged back to the Metro School Board under subsection (1).
Duration of by-law
7. (1) A by-law passed under subsection 3 (3) remains in effect so long as the resolution passed under subsection 3 (1) remains in effect.
Same
(2) A by-law passed under subsection 4 (3) remains in effect so long as the resolution passed under subsection 4 (1) remains in effect.
By-law ceases to have effect
8. A by-law passed under this Act ceases to have effect if any of the conditions set out in clause 2 (1) (a), (b) or (c) is not met.
Retroactive
9. A by-law or resolution passed under this Act may be retroactive to May 8, 1995.
Commencement
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then block and delete the extra 2. 00. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
10. This Act comes into force on the day it receives Royal Assent.
Short title
11. The short title of this Act is the 4588 Bathurst Act, 1997.
Schedule
The land situate in the City of North York in the Municipality of Metropolitan Toronto being composed of part of Block "A", according to a plan registered in the Land Registry Office for the Land Registry Division of Metropolitan Toronto (No. 64) as number 1899 York, and part of Block "X", according to a plan registered in the said Land Registry Office for the Land Registry Division of Metropolitan Toronto (No. 64) as number 2772.