Acts and Regulations

2017, c.18 - Local Governance Act

Section 99
Disposition versions

Full text
Fiscal year and budgets of local governments
99(1)The fiscal year of a local government is the calendar year.
99(2)Each year on or before the date set by regulation, a local government shall adopt by resolution and submit to the Minister for approval in the form provided by the Minister
(a) an estimate of the money required for the operation of the local government,
(b) the amount of that estimate to be raised on the local government tax base,
(c) the rates at which the amount referred to in paragraph (b) is to be raised, which,
(i) for municipalities, shall be fixed under subparagraphs 5(2)(a)(i) and (ii) of the Real Property Tax Act, and
(ii) for rural communities and regional municipalities, shall be fixed under subparagraphs 5(2)(a.1)(i) and (ii) of the Real Property Tax Act, and
(d) the imposition of the tax under subparagraph (c)(i) or (ii), as the case may be.
99(3)A local government shall, in the form referred to in subsection (2), provide the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised.
99(4)When calculating the local government tax base for the purposes of paragraph (2)(b), the assessed value of real property in a local government owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (5).
99(5)The assessed value of real property in a local government owned by the Crown in right of Canada shall be determined by the Minister by making
(a) adjustments to the assessed value of the real property to reflect the previous year’s property value determined under the Payments in Lieu of Taxes Act (Canada), and
(b) any other adjustments that may be required to be made in respect of real property reclassifications and alterations and other modifications to real property in order to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada).
99(6)If the estimate under paragraph (2)(a) is not approved by the Minister, the local government shall adopt the following revisions by resolution and submit them to the Minister for approval on or before the date set by regulation:
(a) a revision of the estimate under paragraph (2)(a),
(b) a revision of the amount under paragraph (2)(b), and
(c) a revision of the rates under subparagraph (2)(c)(i) or (ii), as the case may be.
99(7)On the approval of the Minister, the rates adopted under this section are the rates fixed for the purposes of the Real Property Tax Act.
99(8) If a local government fails to submit the form referred to in subsection (2) to the Minister or, if applicable, the revisions referred to in subsection (6) within the time prescribed by regulation, the Minister may fix the rates in subparagraph (2)(c)(i) or (ii), as the case may be.
99(9)If the services vary in different areas of the local government to a degree that, in the opinion of the council, warrants an adjustment of the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, the local government shall fix different rates for different areas, or portions of areas, accordingly.
99(10)If a portion of a rural district is annexed to a local government, the local government, with the approval of the Lieutenant-Governor in Council and subject to the terms and conditions set by the Lieutenant-Governor in Council, may for a period not exceeding ten years fix rates that are different than the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, or in subsection (9) for real property that
(a) was located in the rural district immediately before the annexation, and
(b) is not subject to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act.
99(11)If a local government fixes rates under subsection (9) or (10), the local government shall adjust the rates fixed in subparagraph (2)(c)(i) or (ii), as the case may be, so that the amount of the estimate under paragraph (2)(b) remains the same.
2021, c.44, s.4
Fiscal year and budgets of local governments
99(1)The fiscal year of a local government is the calendar year.
99(2)Each year on or before the date set by regulation, a local government shall adopt by resolution and submit to the Minister for approval in the form provided by the Minister
(a) an estimate of the money required for the operation of the local government,
(b) the amount of that estimate to be raised on the local government tax base,
(c) the rate at which the amount referred to in paragraph (b) is to be raised, and
(d) the imposition of the tax under paragraph 5(2)(a) or (a.1), as the case may be, of the Real Property Tax Act.
99(3)A local government shall, in the form referred to in subsection (2), provide the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised.
99(4)When calculating the local government tax base for the purposes of paragraph (2)(b), the assessed value of real property in a local government owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (5).
99(5)The assessed value of real property in a local government owned by the Crown in right of Canada shall be determined by the Minister by making
(a) adjustments to the assessed value of the real property to reflect the previous year’s property value determined under the Payments in Lieu of Taxes Act (Canada), and
(b) any other adjustments that may be required to be made in respect of real property reclassifications and alterations and other modifications to real property in order to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada).
99(6)If the estimate under paragraph (2)(a) is not approved by the Minister, the local government shall adopt the following revisions by resolution and submit them to the Minister for approval on or before the date set by regulation:
(a) a revision of the estimate under paragraph (2)(a),
(b) a revision of the amount under paragraph (2)(b), and
(c) a revision of the rate under paragraph (2)(c).
99(7)On the approval of the Minister, the rate adopted under this section is the rate fixed for the purposes of the Real Property Tax Act.
99(8) If a local government fails to submit the form referred to in subsection (2) to the Minister or, if applicable, the revisions referred to in subsection (6) within the time prescribed by regulation, the Minister may fix the rate in paragraph (2)(c).
99(9)If the services vary in different areas of the local government to a degree that, in the opinion of the council, warrants an adjustment of the rate fixed in paragraph (2)(c), the local government may fix different rates for different areas, or portions of areas, accordingly.
99(10)If a local service district is annexed to a local government, the local government, with the approval of the Lieutenant-Governor in Council and subject to the terms and conditions set by the Lieutenant-Governor in Council, may for a period not exceeding ten years fix a rate that is different than the rate fixed in paragraph (2)(c) or subsection (9) for real property that
(a) was located in the local service district immediately before the annexation, and
(b) is not subject to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act.
99(11)If a local government fixes a rate under subsection (9) or (10), the local government shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same.
Fiscal year and budgets of local governments
99(1)The fiscal year of a local government is the calendar year.
99(2)Each year on or before the date set by regulation, a local government shall adopt by resolution and submit to the Minister for approval in the form provided by the Minister
(a) an estimate of the money required for the operation of the local government,
(b) the amount of that estimate to be raised on the local government tax base,
(c) the rate at which the amount referred to in paragraph (b) is to be raised, and
(d) the imposition of the tax under paragraph 5(2)(a) or (a.1), as the case may be, of the Real Property Tax Act.
99(3)A local government shall, in the form referred to in subsection (2), provide the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised.
99(4)When calculating the local government tax base for the purposes of paragraph (2)(b), the assessed value of real property in a local government owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (5).
99(5)The assessed value of real property in a local government owned by the Crown in right of Canada shall be determined by the Minister by making
(a) adjustments to the assessed value of the real property to reflect the previous year’s property value determined under the Payments in Lieu of Taxes Act (Canada), and
(b) any other adjustments that may be required to be made in respect of real property reclassifications and alterations and other modifications to real property in order to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada).
99(6)If the estimate under paragraph (2)(a) is not approved by the Minister, the local government shall adopt the following revisions by resolution and submit them to the Minister for approval on or before the date set by regulation:
(a) a revision of the estimate under paragraph (2)(a),
(b) a revision of the amount under paragraph (2)(b), and
(c) a revision of the rate under paragraph (2)(c).
99(7)On the approval of the Minister, the rate adopted under this section is the rate fixed for the purposes of the Real Property Tax Act.
99(8) If a local government fails to submit the form referred to in subsection (2) to the Minister or, if applicable, the revisions referred to in subsection (6) within the time prescribed by regulation, the Minister may fix the rate in paragraph (2)(c).
99(9)If the services vary in different areas of the local government to a degree that, in the opinion of the council, warrants an adjustment of the rate fixed in paragraph (2)(c), the local government may fix different rates for different areas, or portions of areas, accordingly.
99(10)If a local service district is annexed to a local government, the local government, with the approval of the Lieutenant-Governor in Council and subject to the terms and conditions set by the Lieutenant-Governor in Council, may for a period not exceeding ten years fix a rate that is different than the rate fixed in paragraph (2)(c) or subsection (9) for real property that
(a) was located in the local service district immediately before the annexation, and
(b) is not subject to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act.
99(11)If a local government fixes a rate under subsection (9) or (10), the local government shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same.