Bill PR18 2015
An Act respecting The Centre for International Governance Innovation
Preamble
The Centre for International Governance Innovation has applied for special legislation to exempt certain land from taxation for municipal and school purposes, other than local improvement rates, beginning on January 1, 2015, while the land is used for a specified purpose, and to cancel the taxes for municipal and school purposes, other than local improvement rates, that were payable on the land from September 1, 2014 to December 31, 2014.
The applicant represents that the corporation was incorporated under the Canada Corporations Act by letters patent dated July 30, 2001 under the name The New Economy Institute and that it changed its name to its current name by supplementary letters patent dated July 19, 2002. The applicant further represents that The Centre for International Governance Innovation was continued under the Canada Not-for-profit Corporations Act and that it is a not-for-profit corporation, the purpose of which is to operate a research institute related to the multilateral system, particularly within the areas of economic and financial governance, international law, and global security and that it has a 99-year leasehold interest in the land, which is owned by the City of Waterloo and used as the applicant's research and teaching facilities. The applicant represents that The Centre for International Governance Innovation is a registered charity within the meaning of the Income Tax Act (Canada).
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:
Definition
1. In this Act,
"specified property" means the land, as defined in the Assessment Act, municipally known as 67 Erb Street West in the City of Waterloo, more specifically described as:
Part of Lot 53, Municipal Compiled Plan of Subdivision of Part of Lot 14, G.C.T. and Part of Lots 200, 201, 202, 203 and 'M', John Hoffman's Survey, R.P. 385, City of Waterloo, Regional Municipality of Waterloo, designated as Parts 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 27, 30, 36 and 37, Plan 58R-16569.
Municipal tax exemption by-law
2. (1) The council of the City of Waterloo may pass by-laws exempting the specified property from taxation for municipal purposes, other than local improvement rates, beginning January 1, 2015, if,
(a) the City of Waterloo is the registered owner of the specified property;
(b) the specified property is occupied and used either,
(i) solely by The Centre for International Governance Innovation, or
(ii) jointly by The Centre for International Governance Innovation and one or more other non-profit entities that would be exempt from taxation for municipal purposes, other than local improvement rates, if they owned and occupied the specified land solely; and
(c) The Centre for International Governance Innovation is a registered charity within the meaning of the Income Tax Act (Canada).
Municipal tax cancellation by-law
(2) If the council of the City of Waterloo passes a by-law under subsection (1), it may pass by-laws cancelling the taxes for municipal purposes, other than local improvement rates, including interest and penalties, on the specified property for the following periods provided that the conditions set out in clauses (1) (a), (b) and (c) are satisfied:
1. For the period of September 1, 2014 to December 31, 2014.
2. For any part of a year,
i. to which the exemption applies, and
ii. for which taxes have been levied.
Non-exempt portion of land
(3) For greater certainty, if any portion of the specified property is occupied and used by an entity that would not be exempt from taxation for municipal purposes, other than local improvement rates, if that entity owned and occupied the specified property solely, that portion of the specified property so occupied and used is not exempt from taxation under a by-law passed under subsection (1) and a cancellation of taxes for municipal purposes under subsection (2) does not apply to that portion.
School taxes
Tax exemption
3. (1) If the council of the City of Waterloo passes a by-law under subsection 2 (1), the specified property is also exempt from taxation for school purposes for the period for which the specified property is exempt from taxation for municipal purposes, other than local improvement rates, under the by-law.
Tax cancellation
(2) If the council of the City of Waterloo passes a by-law under subsection 2 (2), the taxes for school purposes on the specified property, including interest and penalties, are also cancelled for the period for which the taxes for municipal purposes, other than local improvement rates, are cancelled.
Non-exempt portion of land
(3) For greater certainty, if any portion of the specified property is not exempt from taxation under a by-law passed under subsection 2 (1), as described in subsection 2 (3), an exemption from taxation for school purposes or a cancellation of taxes for school purposes does not apply to that portion.
Chargeback
(4) Section 353 (taxes collected on behalf of other bodies) of the Municipal Act, 2001 applies, with necessary modifications, to taxes cancelled by subsection (2).
Repeal
4. The Centre for International Governance Innovation Act, 2006 is repealed.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Centre for International Governance Innovation Act (Tax Relief), 2015.