Township of Sidney Act, 1995
EXPLANATORY NOTE
The purpose of the Bill is set out in the Preamble.
BILL Pr461995
An Act respecting the
Township of Sidney
Preamble
The Corporation of the Township of Sidney, referred to in this Act as the Corporation, has applied for special legislation for the authority to partially reduce the assessment on certain land and premises. The Corporation considers it desirable that it be able to reduce the assessment on the land described in the Schedule while the land is occupied by Trent Severn Power Corporation and used for the purpose of hydro-electric power generation.
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,
"assessor" means an assessor as defined in section 1 of the Assessment Act.
Reduction of assessment
2. (1) Despite section 111 of the Municipal Act, the council of the Corporation may by by-law reduce up to 75 per cent of the real property assessment otherwise applicable to the land and premises described in the Schedule, so long as the land is occupied by Trent Severn Power Corporation, its successors or assigns and used solely for the purpose of hydro-electric power generation.
Criteria
(2) If council has passed a by-law under subsection (1) and on or after January 1, 1995, the assessment of real property described in the Schedule increases by at least $5,000 as the result of the erection, alteration, enlargement or improvement of any building, structure, machinery, equipment or fixture, the assessor in determining the assessment for the real property described in the Schedule shall make such reduction in the assessment as may be necessary to reflect a change at such percentage as is determined by the by-law.
Business assessment
(3) If a reduction in the assessment of real property has been made under subsection (2), the business assessment to be determined under section 7 of the Assessment Act shall be calculated on the basis of the lower real property assessment.
Conditions
(4) An assessment reduction granted under subsection (1) may be subject to such conditions as are set out in the by-law.
Maximum period
(5) A by-law under subsection (1) shall be in force for a period not to exceed 20 years as set out in the by-law.
Re-enactment
(6) Despite subsection (5), the council of the Corporation may re-enact a by-law under subsection (1).
Rights retained
3. Section 2 does not operate so as to deprive the tenant of real property from the benefit of any exemption from assessment or a right of appeal otherwise available under the Assessment Act.
Appeals, actions, etc.
4. If any complaint, appeal, proceeding or action pertains to real property assessed totally or partially under section 2, the Assessment Review Board, the Ontario Municipal Board or any court in determining the value at which that real property shall be assessed, shall refer to the unrevised assessed value of the real property assessed under section 2 and the assessed value at which similar property in the vicinity is assessed and, if any assessment is to be altered with respect to that real property, the Assessment Review Board, the Ontario Municipal Board or the court, as the case may be, shall make its determination so that the altered assessment for the real property is consistent with such percentage rate as determined by council in its by-law passed under this Act.
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.
5. This Act comes into force on the day it receives Royal Assent.
Repeal
6. This Act is repealed on December 31, 2024.
Short title
7. The short title of this Act is the Township of Sidney Act, 1995.
Schedule
The land and premises located on Part of Lot 1, Concession 4, Township of Sidney, County of Hastings, being Parts 1, 2 and 3 on Reference Plan 21R-14603 filed in the Land Registry office for the Registry Division of Hastings (No. 21).