Eligibility for credit
2(1)A person in whose name real property is assessed shall be credited by the Minister of Finance and Treasury Board against taxes owing in respect of that real property for the year 1984 or any succeeding year a prescribed amount if on January 1, 1984 or on the first day of January in any such succeeding year that person maintains his principal residence on the real property or maintains thereon a residence for his spouse or children.
2(1.01)A person in whose name real property is assessed on January 1, 1999, or on the first day of January in any succeeding year shall be deemed for the purposes of subsection (1) to have maintained his or her principal residence on the real property for the year 1999 or any succeeding year if that person
(a)
maintains his or her residence on the real property for at least one hundred and eighty-three days during the year, and
(b)
is not otherwise entitled under subsection (1) to a credit against taxes owing in respect of real property for that year.
2(1.1)A person in whose name real property is assessed, shall be credited by the Minister of Finance and Treasury Board against taxes owing in respect of that real property for the year 1978 or any succeeding year a prescribed amount if the real property
(a)
is to be used as only one residence, whether or not it is completed, and
(b)
has not been occupied by himself or any other person or has not been leased.
2(1.2)A person who, on or after January 1, 1983, becomes the owner of real property on which he or she establishes or subsequently establishes his or her principal residence or a residence for his or her spouse or children, is, notwithstanding that he or she has received a credit against taxes owing for that year in respect of other real property on which he or she no longer maintains a residence for himself or herself or for his or her spouse or children, entitled to a credit against taxes owing in respect of that real property for the year in which he or she establishes his or her principal residence or a residence for his or her spouse or children, or, if the taxes have been paid, to a rebate of such taxes, in an amount equal to
(a)
the amount that would have been credited in respect of that property for the year if a credit had been authorized under subsection (1), less
(b)
the amount realized by multiplying the amount referred to in paragraph (
a) by the fraction that results from dividing the number of days in that year into the greater of
(i)
the number of days that expired prior to the date on which the residence was first established by the person for himself or herself, his or her spouse or children on that real property, or, if such residence was maintained by him or her prior to his or her becoming owner of the real property, the date on which he or she became the owner, and
(ii)
the number of days that expired prior to the date on which he or she ceased to maintain a residence for himself or herself, his or her spouse or children on any other real property in respect of which he or she received a credit against taxes owing for that year.
2(2)Where real property is assessed jointly in the names of more than one person, and one of the persons in whose names the real property is assessed would be entitled to a credit under subsection (1) or (1.1) if the real property had been assessed in his name alone, the credit shall be applied in respect of that real property notwithstanding that the other persons in whose name the real property is assessed do not qualify for the credit.
2(3)Where, in respect of the same real property, separate assessments are made in the names of more than one person, and one of the persons in whose names the real property is assessed would be entitled to a credit under subsection (1) or (1.1) if the real property had been assessed in his name alone, that person is entitled to a credit but only in respect of the amount of the assessment in his name.
2(4)Where real property is assessed in the name of an estate and is occupied by a beneficiary of that estate under circumstances that
(a)
do not make the beneficiary a tenant, and
(b)
would entitle the beneficiary to a credit under subsection (1) or (1.1) had the real property been assessed in the name of the beneficiary,
the credit shall be applied in respect of the obligation of the estate to pay taxes on the real property.
2(5)Repealed: 1986, c.13, s.5
2(6)Repealed: 1982, c.7, s.16
2(7)Where a person who is entitled to a credit under subsection (1), (1.2) or (8) uses any portion of the real property for any industry, trade, business, profession or vocation or under lease or agreement allows any other person to so use any portion of the real property, that person is entitled to a credit in respect only of the portion of the real property that is used as his principal residence or the residence of his spouse or children.
2(8)Where a person in whose name real property is assessed maintains on January 1, 1984, or on the first day of January in any succeeding year his principal residence on the real property or maintains thereon a residence for his spouse or children, and the real property contains two or more residences including his own or that of his spouse or children, regardless of whether on that date the other residence or residences are occupied, that person is entitled to a credit in respect only of that portion of the real property that is used as his principal residence or the residence of his spouse or children.
2(8.1)Where under an agreement of purchase and sale, a person who maintained his or her principal residence on real property assessed in the name of another person or who maintained a residence for his or her spouse or children on that real property becomes the owner of that real property, that person is entitled under this Act to a credit against taxes owing on that real property, or if the taxes have been paid, to a rebate of those taxes, for the period determined under subsection (8.2), as if that person had been the owner during that period, if
(a)
the person was required, under the agreement of purchase and sale, to purchase the real property within three years after the date the agreement was executed,
(b)
the person maintained his or her principal residence on the real property or maintained on the real property a residence for his or her spouse or children after the date the agreement of purchase and sale was executed,
(c)
the agreement of purchase and sale was registered in the registry office for the county in which the real property lies within ninety days after it was executed,
(d)
the person became the owner of the real property in accordance with the agreement of purchase and sale, and
(e)
no other person was entitled to a credit against taxes owing in respect of the real property or to a rebate of such taxes for that period.
2(8.2)For the purposes of subsection (8.1), the period for which a person is entitled to a credit or a rebate of taxes is as follows:
(a)
in respect of the year in which the person becomes the owner of the real property under the agreement of purchase and sale, the portion of that year, immediately before he or she became the owner, during which the person maintained his or her principal residence on the real property or maintained on that real property a residence for his or her spouse or children; and
(b)
in respect of any year or years before the year referred to in paragraph (
a), to a maximum of three years immediately before the person became the owner of the real property, the portion of that year or those years after the date the agreement of purchase and sale was executed during which the person maintained his or her principal residence on the real property or maintained on that real property a residence for his or her spouse or children.
2(8.3)Subsections (8.1) and (8.2) apply to agreements of purchase and sale executed after the commencement of this subsection.
2(9)Notwithstanding subsection (1) or (1.1), the person in whose name real property is assessed is not entitled to a credit with respect to more than 0.5 hectares of real property on which a residence is maintained.
2(10)Notwithstanding any other provision of this section, no person is entitled under this section to a credit against taxes owing in respect of real property or to a rebate of taxes paid in respect of real property for a year that is after 2007.
1973, c.90, s.2; 1978, c.47, s.1; 1980, c.49, s.2; 1981, c.69, s.1; 1982, c.3, s.69; 1982, c.7, s.16; 1983, c.80, s.1; 1986, c.13, s.5; 1989, c.N-5.01, s.39; 1999, c.6, s.1; 2008, c.31, s.2; 2008, c.45, s.33; 2019, c.29, s.140