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AR 202/2017 MATTERS RELATING TO ASSESSMENT SUB‑CLASSES REGULATION

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ALBERTA REGULATION 202/2017

Municipal Government Act

MATTERS RELATING TO ASSESSMENT
SUB‑CLASSES REGULATION

Definition

1   In this Regulation, “Act” means the Municipal Government Act.

Prescribed sub‑classes

2(1)  For the purposes of section 297(2.1) of the Act, the following sub‑classes are prescribed for property in class 2:

                               (a)    vacant non‑residential property;

                              (b)    small business property;

                               (c)    other non‑residential property.

(2)  The subclasses referred to in subsection (1) can be applied to both the Urban and Rural Service Areas for Lac La Biche County and the Regional Municipality of Wood Buffalo as if the service areas were separate entities.

(3)  For the purposes of subsection (1)(b), “small business property” means property in a municipality, other than designated industrial property, that is owned or leased by a business

                               (a)    operating under a business licence or that is otherwise identified in a municipal bylaw, and


                     (b)    that has fewer than

                                        (i)    50 full‑time employees across Canada, or

                                      (ii)    a lesser number of employees as set out in a municipal bylaw,

as at December 31 or an alternative date established in a municipal bylaw.

(4)  For the purposes of subsection (3), a property that is leased by a business is not a small business property if the business has subleased the property to someone else.

(5)  For the purposes of subsection (3), a municipality may, by bylaw, prescribe procedures to allow for the effective administration of the small business property sub‑class tax rate, including, without limitations, a method for determining and counting full‑time employees, and the frequency of that count.

Tax rates

3(1)  For the purposes of section 354(3.1) of the Act, the tax rate set for section 297(1)(d) of the Act to raise the revenue required under section 353(2)(a) of the Act must be equal to the tax rate set for property described in section 2(1)(c) to raise revenue for that purpose.

(2)  The tax rate set for property referred to in section 2(1)(b)

                               (a)    must not be less than 75% of the tax rate for property referred to in section 2(1)(c), and

                              (b)    must not be greater than the tax rate for property referred to in section 2(1)(c).

Coming into force

4   This Regulation comes into force on January 1, 2018.