Bill 40 2010

An Act to amend the Public Transportation and Highway Improvement Act with respect to matching rebates of gasoline tax that the Minister provides to municipalities

Note: This Act amends the Public Transportation and Highway Improvement Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

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

   1.  Section 116 of the Public Transportation and Highway Improvement Act is amended by adding the following subsections:

Matching rebate

   (3)  If the Minister, under clause (1) (b), enters into an agreement with a municipality to provide a rebate of tax under the Gasoline Tax Act to the municipality for a purpose described in that clause, the Minister shall not refuse to enter into an agreement under clause (1) (a) to provide a rebate of tax under that Act to any other municipality for the purpose of planning, designing, constructing, maintaining, managing or operating highways under the jurisdiction of the latter municipality if the Legislature by appropriation authorizes payment of the latter rebate.

Definitions

   (4)  In subsection (5),

"first municipality" means the municipality that receives a rebate of tax under the Gasoline Tax Act for a purpose described in clause (1) (b); ("première municipalité")

"second municipality" means the municipality that receives a rebate of tax under the Gasoline Tax Act under subsection (3). ("deuxième municipalité")

Amount of rebate

   (5)  The amount of the rebate provided to the second municipality shall be calculated as follows:

A × (B ÷ C) × (D ÷ E)

where,

A =  the amount of the rebate provided to the first municipality,

B =  the number of inhabitants of the second municipality,

C =  the number of inhabitants of the first municipality,

D =  the total distance of highways under the jurisdiction of the second municipality,

E =  the total distance of highways under the jurisdiction of the first municipality.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Gasoline Tax Fairness for All Act, 2010.

EXPLANATORY NOTE

The Bill amends the Public Transportation and Highway Improvement Act.  If the Minister, under section 116 of the Act, enters into an agreement with a municipality to provide a rebate of tax under the Gasoline Tax Act to the municipality for the purpose of constructing, maintaining or operating a rapid transit or public transportation system, the Minister shall not refuse to enter into an agreement to provide a rebate of tax under that Act to any other municipality for a purpose related to public highways under the jurisdiction of the latter municipality.  The amount of the rebate that the latter municipality receives shall be based on the number of inhabitants in the municipality and the total distance of public highways under the jurisdiction of the municipality.