Acts and Regulations

B-10.2 - Business Improvement Areas Act

Full text
Payment of levy to business improvement corporation by Minister
5(1)Subject to subsection (5), where a council has notified the Minister that it has made a by-law imposing a levy, the Minister shall, as soon as may be after the first day of January of the year to which the by-law relates, pay to the business improvement corporation, to be expended for the purposes set out in its budget for that year, an amount equal to the total amount which will be payable by owners in respect of the levy.
5(2)Where the Minister has made a payment under subsection (1), the Minister of Finance, when next he mails a notice under subsection 7(2) of the Real Property Tax Act to the owner of non-residential property within the business improvement area, shall state on that notice the amount payable by the owner in respect of the levy.
5(3)The amount payable by an owner in respect of the levy shall be calculated by multiplying the rate of the levy by the assessed value of the property he owns.
5(4)The amount stated under subsection (2) to be payable by an owner, together with such sum as would, if the levy were a tax on real property under the Real Property Tax Act, be added from time to time by way of penalty, is a debt due to the Minister of Finance and is recoverable in any court of competent jurisdiction.
5(5)Where, in any calendar year, the Minister of Finance receives from payments by owners in respect of a levy a lesser amount in aggregate than the amount payable by them, the Minister shall, when he next makes a payment to the business improvement corporation under subsection (1), reduce the amount of that payment by the amount of the shortfall.
5(6)Where, in any calendar year, the Minister of Finance receives from payments by owners in respect of a levy a greater amount in aggregate than the amount that the levy was calculated to raise, the Minister shall pay the excess to the business improvement corporation when he next makes a payment to it under subsection (1).
5(7)When the Minister makes a payment under subsection (1) which is reduced in accordance with subsection (5), the debt calculated under subsection (4) ceases to be due to the Minister of Finance and becomes a debt due to the business improvement corporation and recoverable by the business improvement corporation in any court of competent jurisdiction, and the amount of that debt, until paid, continues to increase in accordance with subsection (4).
5(8)When a debt formerly due to the Minister of Finance has become a debt due to a business improvement corporation in accordance with subsection (7), the Minister of Finance shall
(a) identify to the corporation
(i) the properties in relation to which the payment due in respect of the levy has not been received, and
(ii) the names of the owners of those properties;
and
(b) inform the corporation of the amount which had initially been payable by the owner in respect of the levy.
5(9)A decision of the Director as to
(a) the assessed value of non-residential property,
(b) whether real property is non-residential property, or
(c) whether non-residential property lies within a business improvement area
is final.
5(10)A decision of the Minister of Finance as to any amount paid or payable to him by any owner is final.
1989, c.N-5.01, s.32
Payment of levy to business improvement corporation by Minister
5(1)Subject to subsection (5), where a council has notified the Minister that it has made a by-law imposing a levy, the Minister shall, as soon as may be after the first day of January of the year to which the by-law relates, pay to the business improvement corporation, to be expended for the purposes set out in its budget for that year, an amount equal to the total amount which will be payable by owners in respect of the levy.
5(2)Where the Minister has made a payment under subsection (1), the Minister of Finance, when next he mails a notice under subsection 7(2) of the Real Property Tax Act to the owner of non-residential property within the business improvement area, shall state on that notice the amount payable by the owner in respect of the levy.
5(3)The amount payable by an owner in respect of the levy shall be calculated by multiplying the rate of the levy by the assessed value of the property he owns.
5(4)The amount stated under subsection (2) to be payable by an owner, together with such sum as would, if the levy were a tax on real property under the Real Property Tax Act, be added from time to time by way of penalty, is a debt due to the Minister of Finance and is recoverable in any court of competent jurisdiction.
5(5)Where, in any calendar year, the Minister of Finance receives from payments by owners in respect of a levy a lesser amount in aggregate than the amount payable by them, the Minister shall, when he next makes a payment to the business improvement corporation under subsection (1), reduce the amount of that payment by the amount of the shortfall.
5(6)Where, in any calendar year, the Minister of Finance receives from payments by owners in respect of a levy a greater amount in aggregate than the amount that the levy was calculated to raise, the Minister shall pay the excess to the business improvement corporation when he next makes a payment to it under subsection (1).
5(7)When the Minister makes a payment under subsection (1) which is reduced in accordance with subsection (5), the debt calculated under subsection (4) ceases to be due to the Minister of Finance and becomes a debt due to the business improvement corporation and recoverable by the business improvement corporation in any court of competent jurisdiction, and the amount of that debt, until paid, continues to increase in accordance with subsection (4).
5(8)When a debt formerly due to the Minister of Finance has become a debt due to a business improvement corporation in accordance with subsection (7), the Minister of Finance shall
(a) identify to the corporation
(i) the properties in relation to which the payment due in respect of the levy has not been received, and
(ii) the names of the owners of those properties;
and
(b) inform the corporation of the amount which had initially been payable by the owner in respect of the levy.
5(9)A decision of the Director as to
(a) the assessed value of non-residential property,
(b) whether real property is non-residential property, or
(c) whether non-residential property lies within a business improvement area
is final.
5(10)A decision of the Minister of Finance as to any amount paid or payable to him by any owner is final.
1989, c.N-5.01, s.32