[37] Bill 43 Original (PDF)

Bill 43

Bill 431999

An Act to amend the Assessment Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.Subsection 3 (1) of the Assessment Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 4, 1997, chapter 29, section 3, 1997, chapter 43, Schedule F, section 1, 1997, chapter 43, Schedule G, section 18 and 1998, chapter 28, section 66, is further amended by adding the following paragraph:

Custom-built homes for seniors and handicapped persons

22.1The features (including additional area) of a custom-built home whose purpose is primarily to make the home more suitable for an elderly or handicapped resident. In this paragraph, "custom-built home" means a residential unit designed and built for the purpose of providing accommodation for a person who would otherwise require care in an institution and who has attained 65 years of age or is a handicapped person. This paragraph applies only if,

i.the owner of the custom-built home applies to the Minister for the exemption and the Minister approves the exemption,

ii.the elderly or handicapped person resides in the custom-built home as his or her principal residence,

iii.the land is assessed as residential and comprises not more than three residential units, and

iv.the person occupying the property is not in the business of offering care to handicapped or elderly persons.


2.(1)Paragraph 22.1 of subsection 3 (1) of the Act, as set out in section 1, applies with respect to the 1996 and subsequent taxation years.


(2)If the assessment of property for the 1996 and subsequent taxation years that results from the application of paragraph 22.1 of subsection 3 (1) of the Act, as set out in section 1, is lower than the assessment of that property before that paragraph came into force, a person who paid taxes as a result of the higher assessment is entitled to a refund of the difference between the taxes that result from the lower assessment and the taxes that resulted from the higher assessment.


3.This Act comes into force on the day it receives Royal Assent.

Short title

4.The short title of this Act is the Assessment Amendment Act, 1999.


The Bill amends subsection 3 (1) of the Assessment Act to add an exemption from taxation for certain features of homes custom-built for elderly or handicapped residents. The exemption is retroactive to 1996. The existing paragraph 22 of subsection 3 (1), added in 1984, provides a similar exemption but applies only to alterations, improvements and additions to existing residential units, not to new custom-built homes.