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In This Volume

  • 396A (1) In this section and section 396B “eligible heritage property” means property that is
  • (a) protected heritage property,
  • (b) subject to a heritage revitalization agreement under section 592, or
  • (c) subject to a covenant under section 219 of the Land Title Act that relates to the conservation of heritage property.
  • (2) Despite section 396 but subject to subsection (3) of this section, for the purposes of supporting the conservation of an eligible heritage property, on or before October 31 in any year the Council may, by by-law adopted by at least 2/3 of the votes cast, do one or more of the following:
  • (a) exempt all or part of the eligible heritage property from real property taxation under this Part;
  • (b) if eligible heritage property exempted under paragraph (a) is a building or other improvement so affixed to the land as to constitute real property, exempt an area of land surrounding the exempted property from real property taxation under this Part for the same period of time as the exemption is made under paragraph (a);
  • (c) limit an exemption under paragraph (a) or (b) to a specified portion of the net taxable value of the property to which the exemption applies;
  • (d) make an exemption under this subsection subject to specified conditions.
  • (3) A by-law under subsection (2) may provide a tax exemption
  • (a) for the next calendar year, or
  • (b) if the by-law receives the assent of the electors or is approved by the electors in accordance with subsection (4), for a specified period not greater than 10 years.
  • (4) Approval of the electors to a by-law under subsection (2) is deemed to have been given if all the following requirements are met:
  • (a) at least 30 days before adopting the by-law, a notice is published accordance with section 3
    • (i) identifying the eligible heritage property that would be subject to the by-law,
    • (ii) describing the exemption that would be made for the eligible heritage property, and
    • (iii) stating that the by-law may be adopted by the Council after 30 days unless more than 1/20 of the electors petition the Council to obtain the assent of the electors to the by-law;
  • (b) from the date on which the notice is first published under paragraph (a), it is posted for public inspection in the City Hall during its regular office hours;
  • (c) by the end of 30 days after the notice is first published under paragraph (a), 1/20 or fewer of the electors have petitioned the Council to obtain the assent of the electors to the by-law.
  • (5) Within 30 days after adopting a by-law under this section, the Council must give notice of the by‑law to the minister responsible for the Heritage Conservation Act in accordance with section 602.

1994-43-92; 1997-25-191; 2010-6-130.