Land Transfer Tax Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections69

• 1Interpretation

  1 (1) In this Act, “convey” includes the granting, assigning, releasing, surrendering, leasing or disposing of land in Ontario, agreeing to sell land in Ontario, or the giving of an option upon or with respect to any land in Ontario, or the registration of a caution or notice of any kind signifying the existence of an unregistered instrument or writing by which land is conveyed, whether the effect of any of the foregoing is to bring into existence an interest of any kind in land or is only for the purpose of giving effect to or formal recognition to any interest of whatsoever kind that theretofore existed in land, but “convey” does not include any transfer of land for the purpose only of securing a debt or loan, or any transfer by a creditor for the purpose only of returning land that had been used as security for a debt or loan; (“céder”) “conveyance” includes any instrument or writing …

• 1.
• 1.1Exemptions under other Acts

  1.1 No person otherwise subject to tax under this Act is exempt therefrom by reason of an exemption granted to the person, or to or in respect of the personal or real property of the person, by or under any other Act, unless the other Act expressly mentions this Act. 2001, c. 23, s. 142. Section Amendments with date in force (d/m/y) 2001, c. 23, s. 142 - 05/12/2001

• 2Tax

  2 (1) Every person who, on or after January 1, 2017, tenders for registration in Ontario a conveyance by which any land is conveyed to or in trust for a transferee shall pay when the conveyance is tendered for registration or before it is tendered for registration, (a) a tax computed at a rate of, (i) one-half of 1 per cent of the value of the consideration for the conveyance up to and including $55,000, (ii) 1 per cent of the value of the consideration that exceeds $55,000 up to and including $250,000, (iii) 1.5 per cent of the value of the consideration that exceeds $250,000 up to and including $400,000, and (iv) 2 per cent of the value of the consideration that exceeds $400,000; and (b) if the value of the consideration for the conveyance exceeds $2,000,000 and the conveyance is a conveyance of land that contains at least one and not more than two single family residences, an addition…

• 2.
• 2.1Special rules re subs. 2 (2.1)

  2.1 (1) This section applies with respect to tax payable under subsection 2 (2.1). 2017, c. 17, Sched. 1, s. 3. Same (2) For greater certainty, in this section, a reference to tax payable under subsection 2 (2.1) includes tax payable under subsection 3 (2) that is determined in accordance with subsection 2 (2.1). 2017, c. 17, Sched. 1, s. 3. Exemption, agreements prior to April 21, 2017 (3) No tax is payable under subsection 2 (2.1) if, (a) the land is conveyed pursuant to an agreement of purchase and sale entered into on or before April 20, 2017; and (b) any assignment of the agreement of purchase and sale to any other person was entered into on or before April 20, 2017. 2017, c. 17, Sched. 1, s. 3. Exemption, prescribed classes or requirements (4) No tax is payable under subsection 2 (2.1) if the land is conveyed, (a) to a foreign national who meets such residency, citizenship or immig…

• 2.2Person liable for the tax

  2.2 Every person who immediately after the registration of a conveyance has a beneficial interest in the land that was acquired or increased as a result of a conveyance or as part of an arrangement relating to the conveyance is liable for the tax payable under section 2, unless the person has previously paid tax on the acquisition of or increase in beneficial interest. 1996, c. 29, s. 18; 2004, c. 31, Sched. 21, s. 4; 2016, c. 37, Sched. 13, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 29, s. 18 - 09/12/1996 2004, c. 31, Sched. 21, s. 4 - 16/12/2004 2016, c. 37, Sched. 13, s. 2 - 08/12/2016

• 2.3Multiple conveyances

  2.3 (1) Where land is conveyed by more than one conveyance and the Minister is of the opinion that one of the reasons for conveying the land by more than one conveyance is to reduce the total amount of tax payable under this Act in respect of the conveyances of the land to an amount less than the amount of tax that would have been payable if the land had been conveyed by one conveyance, the total amount of tax payable under this Act in respect of the conveyances shall not be less than the amount of tax that would have been payable if the land had been conveyed by one conveyance. 1996, c. 29, s. 18. Multiple dispositions of beneficial interest (2) Where a disposition of a beneficial interest in land occurs by means of more than one disposition of a beneficial interest in the land and the Minister is of the opinion that one of the reasons for disposing of the beneficial interest by more th…

• 3Disposition of beneficial interest in land

  3 (1) For the purposes of this section, a disposition of a beneficial interest in land includes, (a) a sale, transfer or assignment, however effected, of any part of a beneficial interest in land; and (b) any change in entitlement to or any accretion to a beneficial interest in land,

• 3.
• [s7]

  but does not include, (c) Repealed: 1997, c. 10, s. 11. (d) a transfer of a beneficial interest in land which occurs by reason of the death of the owner of the interest, if the transfer is not required to be made under the terms of an agreement enforceable by or against the person legally or beneficially entitled to the interest immediately following the death of the owner; (e) a transfer or assignment of a beneficial interest in land by a debtor to a creditor for the purpose only of providing security for a debt or loan and a transfer or reassignment by the creditor to the debtor of the security; (f) a lease of land or a transfer of the interest of a lessee under a lease of land if, at the time of the disposition, the unexpired term of the lease cannot exceed 50 years, including any renewals or extensions of the term provided for in the lease or in a separate option to lease or other do…

• 4.
• 4Repealed

  4 Repealed: 2004, c. 31, Sched. 21, s. 6. Section Amendments with date in force (d/m/y) 1994, c. 18, s. 4 (5) - 23/06/1994 2004, c. 31, Sched. 21, s. 6 - 16/12/2004 Information and returns

• 5.
• 5Statement or affidavit re conveyance

  5 (1) The following information respecting a conveyance shall be provided to the Minister in the form and manner required by subsection (1.1) or (1.2): 1. The true value of the consideration for the conveyance. 2. The true amount in cash and the value of any property or security included in the value of the consideration. 3. The amount or value of any lien or encumbrance subject to which the conveyance is made. 4. Where the value of the conveyance exceeds $400,000, whether the land being conveyed contains at least one and not more than two single family residences. 5. Such other information as may be required by the Minister for the purposes of administering or enforcing this or any other Act. 2004, c. 31, Sched. 21, s. 7 (1). Same, statement (1.1) If the conveyance is tendered for registration as an electronic document, the information shall be provided as a statement in the form and ma…

• 6.
• 5.0.1Additional information

  5.0.1 (1) Every transferee, in a conveyance or disposition in respect of which a statement, affidavit or return is required under section 5, shall provide the Minister with such additional information as may be prescribed about the transferee and the conveyance or disposition, and shall provide the information in the form and manner approved by the Minister. 2017, c. 17, Sched. 1, s. 5. Use of information (2) The Minister may use information collected under subsection (1) for the purposes of the administration or enforcement of this Act. 2016, c. 37, Sched. 13, s. 4. Same, analyses (3) The Minister may use information collected under subsection (1) in de-identified form for the purposes of compiling statistical information and of developing and evaluating economic, tax and fiscal policy. 2016, c. 37, Sched. 13, s. 4. Meaning of “de-identified form” (4) For the purposes of subsection (3),…

• 7.
• 5.0.2Confidentiality

  5.0.2 (1) Except as authorized by this section and subsections 5.0.1 (2) and (3), the Minister shall not, (a) knowingly communicate or knowingly allow to be communicated to any person any personal information obtained under section 5.0.1; or (b) knowingly allow any person to inspect or to have access to any personal information obtained under section 5.0.1. 2016, c. 37, Sched. 13, s. 4. Same (2) Except as authorized by this section and subsection 5.2 (3), no designated collector and no land registrar shall, (a) knowingly communicate or knowingly allow to be communicated to any person any personal information obtained under section 5.0.1; or (b) knowingly allow any person to inspect or to have access to any personal information obtained under section 5.0.1. 2016, c. 37, Sched. 13, s. 4. Testimony (3) No person who collects information under section 5.0.1 shall be required, in connection w…

• 5.0.3Offence, false or misleading statements

  5.0.3 Every person who makes or assists in making a statement in a statement, affidavit or return required under section 5 for the purpose of determining tax liability under subsection 2 (2.1) that, at the time and in light of the circumstances under which it was made, is false or misleading in respect of any fact or that omits to state any material fact, the omission of which makes the statement false or misleading, is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2017, c. 17, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 17, Sched. 1, s. 6 - 01/06/2017

• 8.
• 5.1Designated collectors

  5.1 (1) The Minister may, in writing, designate one or more persons to collect the tax payable under this Act with respect to conveyances tendered for registration as electronic documents, and may attach such conditions and restrictions to a designation as the Minister considers appropriate. 2004, c. 31, Sched. 21, s. 8. Status (2) Every designated collector is an agent of the Minister for the purposes of collecting and remitting the tax imposed by this Act with respect to conveyances tendered for registration as electronic documents. 2004, c. 31, Sched. 21, s. 8. Security (3) The Minister shall demand security in a form acceptable to the Minister from every designated collector in an amount not less than the equivalent of an average of one month’s tax collectable by the designated collector calculated for the 12-month period immediately preceding the date of the Minister’s demand or $1 …

• 9.
• 5.2Duty to collect tax

  5.2 (1) Every designated collector and land registrar shall collect the tax payable under this Act with respect to conveyances tendered for registration. 2004, c. 31, Sched. 21, s. 8. Duty to remit tax (2) Every designated collector and land registrar shall remit to the Minister, at the times and in the manner required by the Minister, the tax collectable by the designated collector or land registrar. 2004, c. 31, Sched. 21, s. 8. Duty to provide information (3) Every designated collector and land registrar shall give to the Minister and to such other persons as the Minister may specify any information obtained in the course of performing duties under this Act and such other information as the Minister considers necessary for the proper administration and enforcement of this or any other Act, and shall give the information to the Minister and other persons without charge and in the form …

• 5.3Duty to file returns

  5.3 (1) Every land registrar shall file with the Minister such returns as the Minister may require with respect to the amount of tax collected by the land registrar. 2004, c. 31, Sched. 21, s. 8. Same, designated collectors (2) Every designated collector shall file with the Minister at such times and in such manner as the Minister may require such returns containing such information as the Minister may require. 2004, c. 31, Sched. 21, s. 8. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 21, s. 8 - 16/12/2004

• 10.
• 5.4Agreement to exchange information with City of Toronto

  5.4 (1) The Minister and the City of Toronto may enter into an agreement under which, (a) the Minister may disclose to the City of Toronto information collected by the Minister in the administration of this Act or the regulations; and (b) the City of Toronto may disclose to the Minister information collected by the City of Toronto in the administration and enforcement of a by-law made under section 267 of the City of Toronto Act, 2006 that imposes a municipal land transfer tax. 2008, c. 7, Sched. K, s. 1. Scope of information (2) An agreement described in subsection (1) may authorize the disclosure of any information collected by the Minister, by the City of Toronto or by an agent of either or both of them that relates to a conveyance or a disposition on or after February 1, 2008. 2008, c. 7, Sched. K, s. 1. Minister may disclose information (3) Despite any other Act, the Minister may di…

• 11.
• 6Offence, false statements

  6 (1) Every person is guilty of an offence who, (a) makes, participates in, assents to or acquiesces in the making of false or deceptive statements in a statement, affidavit, return or other document prepared, submitted or filed under this Act; (b) destroys, alters, mutilates, hides or otherwise disposes of any records or books of account, in order to evade payment of tax under this Act; (c) makes, assents to or acquiesces in the making of false or deceptive entries, or assents to or acquiesces in the omission to enter a material particular, in any records or books of account; (d) wilfully, in any manner, evades or attempts to evade, (i) paying tax under this Act, or (ii) complying with this Act; or (e) conspires with any person to commit an offence described in clauses (a) to (d). 2004, c. 31, Sched. 21, s. 9. Same (2) A person convicted of an offence under subsection (1) is liable to o…

• 12.
• 6.1Offence, failure to deliver return, pay tax

  6.1 In addition to any penalty otherwise payable under this Act, every person who fails to deliver a return as required by subsection 5 (7) or (8) or who fails to remit the tax payable is guilty of an offence and on conviction is liable to a fine of not less than 25 per cent of the tax payable and not more than twice the amount of the tax payable. 2004, c. 31, Sched. 21, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 21, s. 9 - 16/12/2004

• 13.
• 7Offence, general

  7 (1) Subject to sections 6 and 6.1, every person who knowingly contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $10,000 if no other penalty is provided for the offence. 2004, c. 31, Sched. 21, s. 10 (1). Compliance, how proved (2) For the purpose of any proceeding taken under this Act, the facts necessary to establish compliance on the part of the Minister with this Act as well as the failure of any person to comply with the requirements of this Act shall, unless evidence to the contrary satisfactory to the court is adduced, be sufficiently proved in any court of law by affidavit of the Minister or of any officer of the Ministry of Finance. R.S.O. 1990, c. L.6, s. 7 (2); 2004, c. 31, Sched. 21, s. 10 (2). Limitation (3) A proceeding to prosecute an offence under this Act shall be commenced within six years of the time w…

• 7.1Penalty, failure to pay tax

  7.1 (1) If the Minister is satisfied that a person’s failure to pay tax is attributable to fraud or wilful default, the Minister may assess a penalty against the person in an amount equal to the greater of $500 and 25 per cent of the tax that the person failed to pay. 1999, c. 9, s. 133. Same, tax under s. 2 (2) Every person who tenders for registration a conveyance described in subsection 2 (1) or (1.1) and who pays, at that time, an amount that is less than the amount of tax payable by that person under section 2 shall pay a penalty, when the Minister assesses it, in an amount equal to 5 per cent of the difference between the tax payable and the amount actually paid. 2016, c. 37, Sched. 13, s. 5. Same, returns under s. 5 (3) Every person who fails to deliver a return as required by subsection 5 (7) or (8) shall pay a penalty, when the Minister assesses it, in an amount equal to 5 per c…

• 14.
• 7.2Failure to comply with conditions of designation

  7.2 (1) The Minister may assess a penalty against a designated collector who fails to comply with any condition or restriction attached to the designated collector’s designation under subsection 5.1 (1) and the amount of the penalty is not more than $5,000 for each day the failure continues. 2004, c. 31, Sched. 21, s. 12. Failure to provide security (2) The Minister may assess a penalty against a designated collector who fails to provide security as required under subsection 5.1 (3) and the amount of the penalty is not more than $5,000 for each day the failure continues. 2004, c. 31, Sched. 21, s. 12. Failure to collect tax (3) The Minister may assess a penalty against a designated collector who fails to collect tax as required by subsection 5.2 (1), and the amount of the penalty is 110 per cent of the amount that the designated collector failed to collect. 2004, c. 31, Sched. 21, s. 12.…

• 15.
• 8Refund

  8 (1) Where a person has paid an amount under this Act that is not payable under this Act, the Minister may, upon receipt of satisfactory evidence that the amount was wrongly paid, refund all or part of the amount, but no refund shall be made unless an application for it is made within four years after the date of the payment. 2004, c. 31, Sched. 21, s. 13 (1). Refund, residence on farmland (2) The Minister may refund to a transferee the tax paid by him, her or it under this Act, as calculated under clause 2 (1) (b) or (1.1) (b), on a conveyance of land on which a single family residence is located, (a) if the residence ceases to be a single family residence under this Act because the land on which the residence is located is eligible to be classified in the farm property class prescribed under the Assessment Act; and (b) if the Minister receives evidence satisfactory to him or her that …

• 9Repealed

  9 Repealed: 2017, c. 8, Sched. 16, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 18, s. 4 (14) - 20/05/1993; 1996, c. 18, s. 12 (1-3) - 08/05/1996; 1996, c. 24, s. 32 - 19/07/1989; 1997, c. 10, s. 16 - 07/05/1997 2008, c. 7, Sched. K, s. 2 - 14/12/2007 2016, c. 37, Sched. 13, s. 7 (1-4) - 08/12/2016 2017, c. 8, Sched. 16, s. 3 - 17/05/2017

• 16.
• 9.1Repealed

  9.1 Repealed: 2004, c. 31, Sched. 21, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 18, s. 4 (15) - 23/06/1994 2004, c. 31, Sched. 21, s. 14 - 16/12/2004 Refund on purchase of qualifying home

• 17.
• 9.2Definitions

  9.2 (1) In this section, “newly constructed home” means a home in respect of which the purchaser is entitled to a warranty under section 13 of the Ontario New Home Warranties Plan Act and which is sold to the purchaser by a vendor as defined in that Act; (“logement neuf”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “newly constructed home” in subsection 9.2 (1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 77) “newly constructed home” means a home in respect of which the purchaser is entitled to a warranty described in subsection 47 (1) of the Protection for Owners and Purchasers of New Homes Act, 2017 and that is sold to the purchaser by a vendor within the meaning of that Act; (“logement neuf”) “permanent resident of Canada” means a permanent resident as defined in the Immigration and Refugee Protectio…

• 18.
• 9.3Records to be kept

  9.3 (1) Every person required by section 5 to make a statement or affidavit or to deliver a return shall keep at their place of residence in Ontario or at their principal place of business in Ontario such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under this Act. 2004, c. 31, Sched. 21, s. 16. Same, designated collectors (2) Every designated collector shall keep at the designated collector’s principal place of business in Ontario documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes collectable, collected and remitted under this Act. 2004, c. 31, Sched. 21, s. 16. Same (3) Every designated collector shall keep at the designated collector’s principal place of business in Ontario documents, records and accounts in such …

• 10Audit and inspection

  10 (1) Any person thereunto authorized by the Minister for any purpose related to the administration or enforcement of this Act may at all reasonable times enter into any premises or place where any business is carried on or any property is kept or where anything is done in connection with any business or where any books or records are or should be kept and, (a) audit or examine the books and records and any account, voucher, letter, telegram or other document that relates or may relate to the information that is or should be in the books or records or to an amount payable under this Act; (b) examine property described in any conveyance or any property, process or matter an examination of which may, in his or her opinion, assist him or her in determining the accuracy of any statement, affidavit or return required by this Act or in ascertaining the information that is or should be in the …

• 19.
• 11Administration of oaths

  11 A person authorized to administer an oath under the Land Titles Act or the Registry Act may administer an oath for any of the purposes of this Act. R.S.O. 1990, c. L.6, s. 11.

• 20.
• 12Assessment

  12 (1) The Minister may make an assessment of an amount of tax or penalty required under this Act, together with any interest imposed thereon under this Act, (a) if a person responsible for the payment of tax fails to pay it as required under this Act; (b) if a person required by section 5.1 to collect and remit tax to the Minister fails to remit the tax as required under this Act or if the amount remitted is not, in the opinion of the Minister, substantiated by the person’s records; or (c) if a person is liable to pay tax or a penalty imposed under this Act. 2004. c. 31, Sched. 21, s. 18 (1). Notice of assessment (2) Where the Minister has made an assessment under subsection (1), the Minister shall send by mail or by registered mail or deliver by personal service a notice of assessment to the person so assessed, and the amount of the assessment shall be remitted to the Minister by the p…

• 21.
• 12.1Definitions

  12.1 (1) In this section, “tax benefit” means a reduction, an avoidance, a deferral or a cancellation of tax or other amount payable under this Act or an increase in a refund or rebate of tax or other amount under this Act; (“avantage fiscal”) “tax consequences” to a person means the amount of tax, rebate or other amount payable by, or refundable to, the person under this Act, or any other amount that is relevant to the purposes of computing that amount; (“attribut fiscal”) “transaction” includes an arrangement or event. (“opération”) 2014, c. 7, Sched. 16, s. 1. Application of section (2) This section applies to the following transactions: 1. A transaction completed after May 1, 2014, including a transaction that is part of a series of transactions that includes one or more transactions completed on or before May 1, 2014. 2. A transaction completed on or before May 1, 2014, if the trans…

• 22.
• 13Notice of objection

  13 (1) A person that objects to an assessment made under section 12 or a statement of disallowance made under subsection 8 (7) may, within 180 days from the day of mailing or delivery by personal service of the notice of assessment or statement of disallowance, serve on the Minister a notice of objection in the form approved by the Minister. 1997, c. 43, Sched. F, s. 6 (4). Facts and reasons to be given (1.1) The notice of objection shall, (a) clearly describe each issue raised by way of objection; and (b) fully set out the facts and reasons relied on by the person in respect of each issue. 1997, c. 43, Sched. F, s. 6 (4). Same (1.2) If a notice of objection does not fully set out the facts and reasons relied on by the person in respect of an issue, the Minister may in writing request the person to provide the information, and the person shall be deemed to have complied with clause (1.1)…

• 13.1Assessment, non-arm’s length transfers

  13.1 (1) In this section, “member of his or her family” means, in relation to a transferor, the parent, spouse, grandparent, child, grandchild, son-in-law, daughter-in-law, father-in-law or mother-in-law of the transferor. 2001, c. 23, s. 144; 2021, c. 4, Sched. 11, s. 20. Liability to pay (2) If at any time a person transfers property (including money), either directly or indirectly, by means of a trust or by any other means to a member of his or her family, to an individual who is less than 18 years old at the time of the transfer, or to another person with whom the transferor is not dealing at arm’s length, the transferor and transferee are jointly and severally liable to pay under this Act the amount determined under subsection (4). 2001, c. 23, s. 144; 2005, c. 5, s. 36 (5). Same (3) For the purpose of subsection (2), persons shall be deemed not to deal with each other at arm’s leng…

• 14Appeal

  14 (1) After the Minister has given the notification required by subsection 13 (3), a person who has served notice of objection under section 13 may appeal to the Superior Court of Justice to have the assessment or the statement of disallowance vacated or varied or reassessed or a fresh statement of disallowance issued, but no appeal under this section shall be instituted after the expiration of ninety days from the day on which notice has been mailed to such person under subsection 13 (3). R.S.O. 1990, c. L.6, s. 14 (1); 2001, c. 23, s. 145 (1). Appeal, how instituted (2) An appeal to the Superior Court of Justice shall be instituted by, (a) filing a notice of appeal with the court in the form approved by the Minister; (b) paying a fee to the court in the same amount and manner as the fee payable under regulations made under the Administration of Justice Act on the issue of a statement …

• 14.1Application under subrule 14.05 (2), Rules of Civil Procedure

  14.1 (1) If the following conditions are satisfied, a person may make an application under subrule 14.05 (2) of the Rules of Civil Procedure to a judge of the Superior Court of Justice: 1. The application is to determine one or more issues of law that depend solely on the interpretation of, i. this Act or the regulations, or ii. this Act or the regulations and another Ontario statute or regulation. 2. The Minister has indicated in writing that the Minister is satisfied that it is in the public interest for the applicant to make the application. 3. The Minister and the applicant have executed a statement of agreed facts on which they both intend to rely and the applicant files the statement as part of the applicant’s application record. 4. No facts remain in dispute between the Minister and the applicant that either of them believes may be relevant to the determination of any issue of law…

• 15Recovery of tax

  15 (1) Upon default of payment of an amount assessed under section 12, (a) the Minister may bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in and by the name of the Minister or the Minister’s name of office and may be continued by the Minister’s successor in office as if no change had occurred and shall be tried without a jury; and (b) the Minister may issue a warrant directed to the sheriff of the area in which any property of a person assessed under this Act is located or situate for the amount owing under this Act by the person, together with interest thereon from the date of the issue of the warrant and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Superior Court of Justice on …

• 15.0.1Recovery of costs

  15.0.1 The Minister is entitled to recover from a person the reasonable costs and charges incurred by or on behalf of the Minister in the course of obtaining payment of any amount required to be paid under this Act by the person, if the costs and charges relate to any of the following things: 1. Service of a notice or other document. 2. Registration of a notice of lien and charge, including any charges for related searches and for enforcement activities. 3. An action under clause 15 (1) (a) for the recovery of any amount payable under this Act. 4. Issuance and execution of a warrant referred to in clause 15 (1) (b), to the extent that the costs and charges are not recovered by the sheriff upon execution of the warrant. 5. Other prescribed payments made by or on behalf of the Minister to a third party. 2011, c. 9, Sched. 22, s. 3. Section Amendments with date in force (d/m/y) 2011, c. 9, …

• 15.1Lien on real property

  15.1 (1) Any tax payable or required to be remitted under this Act by any taxpayer is, upon registration by the Minister in the proper land registry office of a notice claiming a lien and charge conferred by this section, a lien and charge on any interest the taxpayer liable to pay or remit the tax has in the real property described in the notice. 1994, c. 18, s. 4 (21). Lien on personal property (2) Any tax payable or required to be remitted under this Act by any taxpayer is, upon registration by the Minister with the registrar under the Personal Property Security Act of a notice claiming a lien and charge under this section, a lien and charge on any interest in personal property in Ontario owned or held at the time of registration or acquired afterwards by the taxpayer liable to pay or remit the tax. 1994, c. 18, s. 4 (21). Amounts included and priority (3) The lien and charge conferre…

• 16Garnishment

  16 (1) When the Minister has knowledge or suspects that a person (a “third party”) is, or within 365 days will become, indebted or liable to make any payment to a person (a “tax debtor”) liable to make a payment under this Act, the Minister may, by registered letter or by letter served personally, require the third party to promptly pay to the Minister any money that is otherwise payable by the third party to the tax debtor in whole or in part during the 365 days after the third party receives the letter. 2001, c. 23, s. 148 (1). Garnishment, loans and advances (1.1) If the Minister has knowledge or suspects that within 365 days, (a) a bank, credit union, trust corporation or other similar person (in this section referred to as the “institution”) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a person liabl…

• 17Interest

  17 (1) If on a particular date a debt as calculated under subsection (2) is payable by any person, the person shall be charged interest payable to the Minister at the prescribed rate and calculated in the prescribed manner on the amount of the debt from that date to the date the amount is received by the Minister. 1994, c. 18, s. 4 (22). Amount of debt calculation (2) In this section, the amount of the debt payable by a person under this Act at a particular date is the amount by which, (a) the aggregate of, (i) all tax under this Act that is payable or collectable by the person before that date, (ii) all amounts or penalties or both assessed under this Act against the person at any time before that date, and (iii) the total of all amounts charged under this section against the person in respect of a period of time ending before that date, exceeds, (b) the aggregate of, (i) the amount of …

• 18Transition re rebates and deferred tax

  18 (1) References in this section to “the predecessor to this section” are references to this section as it read before its re-enactment, effective on May 7, 1997, by the Job Growth and Tax Reduction Act, 1997. 1997, c. 10, s. 18. Cancellation of deferred tax (2) If the payment of tax was deferred under the predecessor to this section and if the time for fulfilling the undertaking in respect of which the deferral was granted or extended has not expired on May 6, 1997, the tax is cancelled and is no longer owing. 1997, c. 10, s. 18. Rebate (3) If a person is entitled on May 7, 1997 to apply for a rebate under subsection (3) of the predecessor to this section, the rebate shall be made despite that subsection if the Minister receives an application for the rebate before January 1, 1998. However, no interest shall be paid for any period of time after the last day on which the application cou…

• 19Repealed

  19 Repealed: 1997, c. 10, s. 19. Section Amendments with date in force (d/m/y) 1997, c. 10, s. 19 - 07/05/1997

• 20Resolving disputes

  20 If any doubt or dispute arises as to the liability to pay a tax or any portion of a tax demanded under the authority of this Act, or if owing to special circumstances it is deemed inequitable to demand payment of the whole amount imposed by this Act, the Minister may accept such amount as he or she deems proper. R.S.O. 1990, c. L.6, s. 20.

• 21Application to disposition of beneficial interest

  21 Section 3, subsections 5 (7), (8), (9) and (12), section 6.1, subsections 7.1 (2) and 8 (6), section 17 and clauses 22 (2) (b) and (m) apply with respect to dispositions of beneficial interests in land after the 18th day of July, 1989 other than, (a) beneficial interests in land acquired pursuant to an agreement in writing to acquire the beneficial interest entered into before the 19th day of July, 1989 or as part of a lawful distribution to the public in accordance with a prospectus, preliminary prospectus or registration statement filed before the 19th day of July, 1989 with a public authority in Canada in accordance with the applicable securities legislation of Canada or of any province and, where required by law, accepted for filing by that public authority; and (b) beneficial interests in land acquired before the 1st day of January, 1990 where arrangements in writing for the disp…

• 21.1Use and disclosure of certain information

  21.1 The Minister may enter into agreements to permit third parties to use information provided under subsection 5 (1) for such purposes and subject to such conditions and restrictions as the Minister considers appropriate. 2004, c. 31, Sched. 21, s. 24. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 21, s. 24 - 16/12/2004

• 21.2No right to compensation

  21.2 Nothing in this Act and no exercise of any power or performance of any duty under section 5.1, 5.2, 5.3 or 21.1 shall be deemed by any court or person to entitle any person to compensation from the Crown under any agreement that purports to provide for compensation, whether the agreement is made before or after section 5.1 comes into force. 2004, c. 31, Sched. 21, s. 24. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 21, s. 24 - 16/12/2004

• 22Forms and regulations

  22 (1) The Minister may approve the use and format of forms for any purpose of this Act and the forms may provide for such information to be furnished as the Minister may require. 1997, c. 19, s. 12 (3). Regulations (1.1) The Minister may make regulations, (a) prescribing land that is included in the definition of “designated land”; (b) prescribing areas of land in the Greater Golden Horseshoe Region that are excluded from the definition of “specified region”; (c) prescribing areas of land that are included in the definition of “specified region”; (d) prescribing an alternate rate of tax for the purposes of subsection 2 (2.1); (e) prescribing classes of foreign entities and prescribing requirements to be met for the purposes of the exemption in subsection 2.1 (4); (f) prescribing citizenship, residency, educational enrolment, employment or other requirements to be met for the purposes of…