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TOWN OF HINTON BYLAW # 1161-3
BYLAW OF THE TOWN OF HINTON IN THE
PROVINCE OF ALBERTA FOR THE PURPOSE OF
PROVIDING NON-RESIDENTIAL PROPERTY TAX
INCENTIVES FOR NEW INDUSTRIAL
AND COMMERCIAL DEVELOPMENT AND EXPANSIONS
WHEREAS the Town of Hinton wishes to provide property tax incentives to encourage
growth and promote industrial and commercial development and expansion; and
AND WHEREAS according to Section 364.2 of the Municipal Government Act, RSA
2000, c M-26, Council may pass a tax incentives bylaw to attract investment
development and revitalization of non-residential properties for the general benefit of
the Town;
AND WHEREAS the Town of Hinton is responsible for carrying out measures that will
develop and maintain a viable community according to Section 3(c) of the Municipal
Government Act, RSA 2000, c M-26, which includes a measure to improve the long-
term economic outlook for the Town;
NOW THEREFORE, the Council of The Town of Hinton, in the Province of Alberta,
duly assembled, enacts as follows:
1.0
SHORT TITLE
1.1
This Bylaw may be cited as the "Non-Residential Tax Incentives Bylaw".
2.0
DEFINITIONS
2.1
In this Bylaw, unless the context otherwise requires:
2.1.1
"Act" means the Municipal Government Act, RSA 2000, c. M- 26, as amended
from time to time;
2.1.2
"Applicant" means a person who applies for an Exemption;
2.1.3
"Application Deadline" means December 31 of the year immediately preceding
the first year the Medical Clinic, New Development or Expansion is eligible to a
Non-residential Property Exemption or a Machinery and Equipment Exemption
under this Bylaw;
2.1.4
"Assessed Person" means an assessed person as that term is defined in the Act;
2.1.5
"Bylaw" means this Bylaw, and includes any appendices thereto;
2.1.6
"Chief Administrative Officer/CAO" means the person appointed by Council to
the position of the Chief Administrative Officer of the Town of Hinton, or their
designate;
2.1.7
"Council" means the Council of the Town of Hinton, including the Mayor and six
Councilors;
2.1.8
"Eligible Capital Costs" means, for both the Non-residential Property Exemption
and the Machinery and Equipment Exemption, the actual cumulative total capital
costs incurred to construct the New Development or Expansion and will include
any new expenditures on labor, engineering, materials or other costs associated
with the construction, but will not include the costs of any improvements or
Machinery and Equipment that existed on the parcel before construction
commenced or the land itself, or other non-capital costs such as legal, regulatory,
or permitting fees;
2.1.9
"Exemption" means those portions of the municipal property Taxes that may be
exempt in accordance with this Bylaw, which are computed separately under this
Bylaw;
2.1.10
"Expansion" means construction to add to, improve, renovate or replace an
existing commercial or industrial development;
2.1.11
"Machinery and Equipment" means machinery and equipment as defined in the
Act;
2.1.12
"Machinery and Equipment Exemption" means the Machinery and Equipment
portion of the municipal property Taxes that may be exempt in accordance with this
Bylaw and includes Machinery and Equipment Exemption A and Machinery and
Equipment Exemption B;
2.1.13
"Medical Clinic" means a Non-residential Property used for the provision of
Publicly Insured Services delivered by one or more licensed Physicians registered
with the with the College of Physicians & Surgeons of Alberta or Nurse Practitioner
Registered with the College of Registered Nurses of Alberta and authorized to
practice under the laws of the Province of Alberta. For greater certainty, "Medical
Clinic" does not include pharmacies, dental clinics, physical therapy or
physiotherapy clinics, chiropractic clinics, naturopathic clinics, optometry clinics, or
any other health or wellness services not delivered by the above-noted
practitioners.
2.1.14
"New Development" means the construction of new industrial or commercial
developments;
2.1.15
"Non-residential Property" means non-residential property as defined in the Act;
2.1.16
"Non-residential Property Exemption" means the non-residential portion of the
municipal property Taxes that may be exempt in accordance with this Bylaw and
includes Non-residential Property Exemption A and Non-residential Property
Exemption B;
2.1.17
"Publicly Insured Service" means a health care service that is insured under the
Alberta Health Care Insurance Act and payable by Alberta Health pursuant to the
Alberta Health Care Insurance Act and its regulations.
2.1.18
"Taxes" means municipal property taxes which may be imposed by the Town
pursuant to Part 10, Division 2 of the Act, not including any taxes associated with
raising funds to cover requisitions as defined in the Act; and
2.1.19
"Town" means the municipal corporation of the Town of Hinton.
3.0
PURPOSE AND EXEMPTION AMOUNT
3.1
The purpose of this Bylaw is to allow for:
3.1.1 Non-residential Property Exemption A - New Developments and Expansions to be
exempted from the Non-residential municipal property Taxes applicable to the New
Development or Expansion in an amount that is equal to:
a)
100% of the value of the Non-residential municipal tax levy applicable to the New
Development or Expansion in the first year of taxation;
b)
100% of the value of the Non-residential municipal tax levy applicable to the New
Development or Expansion in the second year of taxation of the New Development
or Expansion;
c)
75% of the value of the Non-residential municipal tax levy applicable to the New
Development or Expansion in the third year of the taxation of the New Development
or Expansion; and
d)
50% of the value of the Non-residential municipal tax levy applicable to the New
Development or Expansion in the fourth year of the taxation of the New
Development or Expansion; and
e)
25% of the value of the Non-residential municipal tax levy applicable to the New
Development or Expansion in the fifth year of the taxation of the New Development
or Expansion.
3.1.2 Machinery and Equipment Exemption A - New Developments and Expansions to
be exempted from the Machinery and Equipment municipal property Taxes applicable
to the New Development or Expansion in an amount that is equal to:
a)
100% of the value of the Machinery and Equipment municipal tax levy applicable
to the New Development or Expansion in the first year of taxation of the New
Development or Expansion;
b)
100% of the value of the Machinery and Equipment municipal tax levy applicable
to the New Development or Expansion in the second year of taxation of the New
Development or Expansion;
c)
75% of the value of the Machinery and Equipment municipal tax levy applicable to
the New Development or Expansion in the third year of the taxation of the New
Development or Expansion;
d)
50% of the value of the Machinery and Equipment municipal tax levy applicable to
the New Development or Expansion in the fourth year of the taxation of the New
Development or Expansion; and
e)
25% of the value of the Machinery and Equipment municipal tax levy applicable to
the New Development or Expansion in the fifth year of the taxation of the New
Development or Expansion.
3.1.3 Non-residential Property Exemption B - New Developments and Expansions to be
exempted from the Non-residential municipal property Taxes applicable to the New
Development or Expansion in an amount that is equal to 100% of the value of the
annual Non-residential municipal tax levy applicable to the New Development or
Expansion in the first 15 years of taxation of the New Development or Expansion
following, for each Non-residential Property Exemption granted under this Bylaw, the
date on which the criteria for such Non-residential Property Exemption is met.
3.1.4 Machinery and Equipment Exemption B - New Developments and Expansions to
be exempted from the Machinery and Equipment municipal property Taxes applicable
to the New Development or Expansion in an amount that is equal to 100% of the value
of the annual Machinery and Equipment municipal tax levy applicable to the New
Development or Expansion in the first 15 years of taxation of the New Development
or Expansion following, for each Machinery and Equipment Exemption granted under
this Bylaw, the date on which the criteria for such Machinery and Equipment
Exemption is met.
3.1.5 Medical Clinic Exemption C - Medical Clinics to be exempted from the Non-
residential municipal property Taxes to a maximum of 100% of the value of the annual
Non-residential municipal Tax levy for a 5-year period based on the following formula:
a)
The annual Exemption amount shall be calculated as $0.60 per verified Alberta
Health insured patient visit for Publicly Insured Services in the previous calendar
year performed at the Medical Clinic receiving the Exemption, multiplied by the total
number of such visits, to a maximum of 100% of that years annual municipal Non-
residential Property Tax levy.
b)
For new Medical Clinics in their first year of eligibility that did not operate for the
entirety of the previous calendar year, the Exemption amount for the first year of
eligibility will initially be calculated based on a reasonable estimate of the anticipated
number of Alberta Health insured patient visits for Publicly Insured Services in the
first calendar year (ending December 31) of the Medical Clinic's eligibility to receive
an Exemption, using the same formula in section 3.1.5(a). At the end of the first
calendar year in which the Medical Clinic is eligible to receive an Exemption (ending
December 31), the Applicant shall provide actual patient visit data for Publicly
Insured Services in that year, and the Exemption for that year shall be recalculated
based on the actual data. The Applicant shall either be refunded any excess Taxes
paid, or shall pay any additional Taxes owed, within 30 days after the Town provides
written notice of the reconciliation.
4.0
CRITERIA FOR AN EXEMPTION
4.1
To apply and qualify for a Non-residential Property Exemption A, an Applicant must meet
the following criteria:
4.1.1 the Applicant must be the Assessed Person for (or the person with a right to acquire) the
Non-residential Property which is the subject of the application;
4.1.2 the subject Non-residential Property must be located within the geographical
boundary of the Town;
4.1.3 the Applicant must have no overdue monies owing to the Town, including monies
owing with regard to Taxes, municipal utilities or other fees owed to the Town;
4.1.4 the Applicant must have obtained the necessary development approvals from the Town;
4.1.5 the Applicant must not be in the process of foreclosure, bankruptcy, or receivership;
4.1.6 the Applicant must not have development compliance issues, be in violation of a
development permit or development agreement or be in violation of the Safety Code Act;
4.1.7 the Applicant must complete an application in accordance with this Bylaw and the
completed application, including all required information and documentation, along with
the application fee must be submitted by the Application Deadline in this Bylaw;
4.1.8 the Applicant must construct a New Development or Expansion. An Expansion is only
eligible if the capital investment toward the Expansion results in an increased
assessment value of at least 25% by the end of year two (2) from when the
development permit was issued. This Exemption will only apply to this increased
assessment amount; and
4.1.9 the Non-residential Property which is the subject of the application must not have
previously been approved for a Non-residential Property Exemption B under this Town
of Hinton Non-Residential Tax Incentives Bylaw #1161-1, as amended or replaced from
time to time.
4.2
To qualify for a Machinery and Equipment Exemption A, an Applicant must meet the
following criteria:
4.2.1 the Applicant must be the Assessed Person for (or the person with a right to acquire)
the Machinery and Equipment which is the subject of the application;
4.2.2 the subject Machinery and Equipment must be located within the geographical
boundary of the Town;
4.2.3 the Applicant must have no overdue monies owing to the Town, including monies
owing with regard to Taxes, municipal utilities or other fees owed to the Town;
4.2.4 the Applicant must have obtained the necessary development approvals from the
Town;
4.2.5 the Applicant must not be in the process of foreclosure, bankruptcy, or receivership;
4.2.6 the Applicant must not have development compliance issues, be in violation of a
development permit or development agreement or be in violation of the Safety Code
Act;
4.2.7 the Applicant must complete an application in accordance with this Bylaw and the
completed application, including all required information and documentation, along
with the application fee must be submitted by the Application Deadline in this Bylaw;
4.2.8 the Applicant must construct a New Development or Expansion. An Expansion is only
eligible if the capital investment toward the Expansion results in an increased
assessment value of at least 25% by the end of year two (2) from when the
development permit was issued. This Exemption will only apply to this increased
assessment amount; and
4.2.9 the Machinery and Equipment which is the subject of the application must not have
previously been approved for a Machinery and Equipment Exemption B under this
Town of Hinton Non-Residential Tax Incentives Bylaw #1161-1, as amended or
replaced from time to time.
4.3
To qualify for a Non-residential Property Exemption B, an Applicant must meet the
following criteria:
4.3.1 the Applicant must be the Assessed Person for (or the person with a right to acquire)
the Non-residential Property which is the subject of the application;
4.3.2 the subject Non-residential Property must be located within the geographical boundary
of the Town;
4.3.3 the Applicant must have no overdue monies owing to the Town, including monies owing
with regard to Taxes, municipal utilities or other fees owed to the Town;
4.3.4 the Applicant must have obtained the necessary development approvals from the Town,
in connection with the relevant New Development and Expansion from the Town, if and
when those permits are required to be filed and obtained and not necessarily upon
application under this Bylaw and provided that such permits shall be issued by the Town
in the ordinary course of business for similar permits and cannot be unreasonably
withheld by the Town;
4.3.5 the Applicant must not be in the process of foreclosure, bankruptcy, or receivership;
4.3.6 the Applicant must not have received any written notice in relation to development
compliance issues, or to a violation of a development permit or development agreement
or of a violation of the Safety Code Act, that have not been cured in a reasonable cure
period;
4.3.7 the Applicant must complete an application in accordance with this Bylaw and the
completed application, including all required information and documentation, along with
the application fee must be submitted by the Application Deadline in this Bylaw;
4.3.8 the Applicant must construct a New Development or Expansion with Eligible Capital
Costs of more than FIFTEEN MILLION ($15,000,000.00) Canadian dollars within one
given fiscal year;
4.3.9 the construction of a New Development or Expansion on a parcel on which is located
assessable property with a total assessed value in excess of $250,000,000 in the year
prior to the date of the application referred to in Section 4.3.7 of this Bylaw; and
4.3.10
the Non-residential Property which is the subject of the application must not be
located on a parcel in respect of which a Non-residential Property Exemption B has
previously been approved for the same or different Non-residential Property under this
Town of Hinton Non-Residential Tax Incentives Bylaw #1161-1, as amended or
replaced from time to time.
4.4
To qualify for a Machinery and Equipment Exemption B, an Applicant must meet the
following criteria:
4.4.1 the Applicant must be the Assessed Person for (or the person with a right to acquire)
the Machinery and Equipment which is the subject of the application;
4.4.2 the subject Machinery and Equipment must be located within the geographical
boundary of the Town;
4.4.3 the Applicant must have no overdue monies owing to the Town, including monies
owing with regard to Taxes, municipal utilities or other fees owed to the Town;
4.4.4 the Applicant must have obtained the necessary development approvals from the
Town, in connection with the relevant New Development and Expansion from the
Town, if and when those permits are required to be filed and obtained and not
necessarily upon application under this Bylaw and provided that such permits shall be
issued by the Town in the ordinary course of business for similar permits and cannot
to be unreasonably withheld by the Town;
4.4.5 the Applicant must not be in the process of foreclosure, bankruptcy, or receivership;
4.4.6 the Applicant must not have received any written notice in relation to development
compliance issues, or to a violation of a development permit or development
agreement or of a violation of the Safety Code Act, that have not been cured in a
reasonable cure period;
4.4.7 the Applicant must complete an application in accordance with this Bylaw and the
completed application, including all required information and documentation, along
with the application fee must be submitted by the Application Deadline in this Bylaw;
4.4.8 the Applicant must construct a New Development or Expansion with Eligible Capital
Costs of more than FIFTEEN MILLION ($15,000,000.00) Canadian dollars within one
given fiscal year;
4.4.9 the construction of a New Development or Expansion on a parcel on which is located
assessable property with a total assessed value in excess of $250,000,000 Canadian
dollars in the year prior to the date of the application referred to in Section 4.4.7 of this
Bylaw; and
4.4.10
the Machinery and Equipment which is the subject of the application must not
be located on a parcel in respect of which a Machinery and Equipment Exemption B
has previously been approved for the same or different Machinery and Equipment
under this Town of Hinton Non-Residential Tax Incentives Bylaw #1161-1, as
amended or replaced from time to time.
4.5
To qualify for Medical Clinic Exemption C, an Applicant must meet the following
criteria:
4.5.1 the Applicant must be the Assessed Person for the Non-Residential taxes which is
subject to the application.
4.5.2 the subject Non-residential Property must be located within the geographical boundary
of the Town;
4.5.3 the Applicant must have no overdue monies owing to the Town, including monies owing
with regard to Taxes, municipal utilities or other fees owed to the Town;
4.5.4 The Applicant and all businesses within the assessed property must be fully compliant
and have obtained any required development approvals and/or business licenses.
4.5.5 The Applicant must not be in the process of foreclosure, bankruptcy, or receivership;
4.5.6 the Applicant must not have development compliance issues, be in violation of a
development permit or development agreement or be in violation of the Safety Code Act;
4.5.7 the Applicant must complete an application in accordance with this Bylaw and the
completed application, including all required information and documentation, along with
the application fee must be submitted by the Application Deadline in this Bylaw;
4.5.8 the Non-residential Property which is the subject of the application must not have
previously been approved for a Non-residential Property Exemption under this Town of
Hinton Non-Residential Tax Incentives Bylaw, as amended or replaced from time to
time.
4.5.9 The Non-residential Property must be approved to be used as a Medical Clinic under
the Town's Land Use Bylaw.
4.5.10
The Applicant must operate a Medical Clinic on the assessed property at the
time of application and throughout the duration of the Exemption.
4.5.11
The Applicant must, at the time of application, submit patient visit data verified
by Alberta Health for all Publicly Insured Services provided at the Medical Clinic and
paid for by Alberta Health during the previous calendar year, and such data must be
verified as having been provided at the assessed property. This data shall be used to
determine the exemption amount for the full five-year exemption period.
4.5.12
Notwithstanding the above, The Applicant may resubmit patient visit data
annually between January 1st and March 31st for the purpose of recalculating the
Exemption.
4.5.13
For determining the Exemption amount as per the formula in section 3.1.5(b),
the Applicant shall, at the time of submitting its Application, submit a reasonable
estimate of the anticipated number of Alberta Health insured patient visits for Publicly
Insured Services in the first calendar year (ending December 31) that the Medical
Clinic would be eligible to receive an Exemption. The CAO may, in their sole
discretion, request any data or further explanations as may be required to confirm that
the estimate provided is reasonable, and may refuse to grant an Exemption if, in their
sole discretion, the estimate provided is unreasonable. No later than March 31 in the
year after the Medical Clinic's first year of eligibility to receive an Exemption, the
Applicant shall submit actual patient visit data verified by Alberta Health for all Publicly
Insured Services provided by the Medical Clinic and paid for by Alberta Health in the
previous calendar year, and the Town shall recalculate the Exemption amount for the
first year of eligibility based on that actual data, and shall provide a written notice to
the Applicant of the result of the reconciliation, and the amount of taxes to be refunded
to the Applicant, or to be paid by the Applicant as a result of reconciliation.
4.5.14
The CAO may, in their sole discretion, request any further information or data
as may be required to confirm the accuracy of any information provided by the
Applicant for determining eligibility for an Exemption, or for determining the Exemption
amount, and the Applicant must provide any further information requested to maintain
eligibility for an Exemption.
5.0
APPLICATION FOR AN EXEMPTION
5.1
Applicants must apply for an Exemption using Appendix "B" - Application Form for Non-
Residential Tax Incentives and the application must include all required information
and documentation as outlined in Appendix "A" - Application Requirements for Non-
Residential Tax Incentives.
5.2
Completed applications, including Appendix "B" and all required information and
documentation as outlined in Appendix "A", along with the application fee must be
received by the Finance Department of the Town prior to the Application Deadline.
5.3
Notwithstanding anything in this Bylaw, Applicants may apply for an Exemption at any
time prior to the Application Deadline, including prior to any or all the Exemption
criteria listed in Section 4.0 of this Bylaw, as applicable, being met, in which case, the
CAO may grant an Exemption, provided that, in such case, the Exemption shall be
granted conditional on all the Exemption criteria listed in Section 4.0 of this Bylaw
being met by the Application Deadline.
5.4
Notwithstanding anything in this Bylaw, where the Applicant is not the Assessed
Person, the Exemption shall be granted conditional on the Applicant becoming the
Assessed Person prior to the Application Deadline.
5.5
The CAO has the discretion to reject applications that are incomplete, illegible, or
received after the Application Deadline in this Bylaw.
5.6
The CAO will advise Applicants in writing if their application is rejected for being
incomplete, illegible, or late and return the application.
5.7
Applicants whose applications are returned as incomplete or illegible may resubmit an
application provided the application is resubmitted by the Application Deadline.
5.8
Notwithstanding the requirements for a completed application, the CAO may require
additional information that, in the discretion of the CAO, is necessary to complete the
application and may require the Applicant's consent to be given for the CAO to obtain
such additional information.
5.9
The CAO will advise Applicants in writing if their application is accepted for
consideration. Applications accepted for consideration shall become the property of
the Town and may not be returned.
6.0
DECISION ON THE EXEMPTION
6.1
The CAO will consider each application in accordance with this Bylaw to determine
if they meet the criteria for an Exemption and either:
6.1.1 grant an Exemption pursuant to this Bylaw; or
6.1.2 reject the application for an Exemption.
6.2
If the CAO grants an Exemption, the CAO will issue a written decision to the Applicant
outlining the following information:
a)
the taxation years to which the Exemption applies, which must not include any
taxation year earlier than the taxation year in which the Exemption is granted;
b)
the extent of the Exemption for each taxation year to which the Exemption applies,
which amount is determined in accordance with Section 3.0 of this Bylaw;
c)
any conditions the breach of which will result in cancellation of the Exemption, and
the taxation year or years to which the conditions apply; and
d)
any other information or conditions provided by the Town.
6.3
If the CAO rejects an application for an Exemption, the CAO will issue a written
decision to the Applicant outlining the following information:
a)
the reasons why the application did not meet the criteria for an Exemption; and
b)
the date by which an application for an appeal to Council must be submitted.
6.4
Except as otherwise provided herein, an Applicant may make subsequent applications
for an Exemption and Council may grant subsequent Exemptions in respect of the
same Non-residential Property.
6.5
The balance of the approved Exemption is transferable to subsequent owners of the
Non-residential Property and Machinery and Equipment for which it was granted
provided that all eligibility criteria under this Bylaw continue to be satisfied.
6.6
Subject only to cancellation pursuant to Section 7, Non-residential Property and
Machinery and Equipment will continue to be exempt from municipal property Taxes
in accordance with the Exemption decision for the duration of the time specified in the
Exemption decision notwithstanding the subsequent amendment, replacement or
repeal of this Bylaw.
7.0
CANCELLATION OF AN EXEMPTION
7.1
If the Town determines that the Applicant or their application:
7.1.1 Did not meet or ceased to meet any of the applicable criteria in Section 4.0 of this
Bylaw which formed the basis of granting the Exemption; or
7.1.2 That there was a breach of any condition of the written decision, the Town may cancel
the Exemption for the taxation year or years in which the criterion was not met or to
which the condition applies, other than for criterion or conditions to be met on a
specific date in accordance with this Bylaw and provided that, except where the
Applicant is in the process of foreclosure, bankruptcy, or receivership:
a)
the Town shall send a prior default notice to the Applicant or subsequent owner of
the property with reasonable details and supporting documentation, declaring the
intention of the Town to exercise its rights under this Section 7.0 of this Bylaw;
b)
if the default is not duly remedied by the Applicant or subsequent owner of the
property at least sixty (60) calendar days or any further delay as required under
applicable law or regulation for the Applicant or subsequent owner of the property to
be able to cure any such default, the Town shall send a final default notice to the
Applicant or subsequent owner of the property;
c)
if such default remains unremedied for thirty (30) calendar days after the final notice,
the Exemption may be cancelled provided further that if such default is cured within
the notice period set out above, then the Exemption shall not be cancelled.
7.2
For greater clarity, the criteria in Section 4.0 of this Bylaw are deemed conditions, the
breach of which will result, subject to Section 7.1 of this Bylaw, in the cancellation of
the Exemption for the taxation year or years in which the criteria are not met.
7.3
The Town shall send a written decision of cancellation to an Applicant whose
Exemption was cancelled stating the reasons for cancellation and the date by which
an application for an appeal to Council must be submitted.
7.4
Any exemption granted in error or during a period of ineligibility may be added to the
tax roll as taxes owing for the applicable taxation year and collected in accordance
with the Act.
8.0
APPEAL TO COUNCIL
8.1
An Applicant may appeal to Council in the following situations:
8.1.1 An application for Exemption is rejected; or
8.1.2 An Exemption is cancelled.
8.2
A request for an appeal must be in writing and be received by the Finance Department
of the Town no later than the time and date specified in the decision in which the
exemption was rejected or cancelled.
8.3
Council, after considering the appeal, may;
8.3.1 Uphold or revoke a decision of the CAO with respect to the outcome of an application
or cancellation of an Exemption; or
8.3.2 Direct the CAO to revise or amend the decision with respect to the matter.
8.4
The decision of Council on appeal shall be final and binding upon all parties.
9.0
SEVERABILITY
9.1
If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then
the invalid portion must be severed, and the remainder of this Bylaw is deemed valid.
10.0 Review
10.1 Exemption A and B will expire January 30, 2028.
10.2 Medical Clinic Exemption C shall be reviewed five (5) years following the date of final
reading, with consideration given to the status of local healthcare access at that time.
11.0 EFFECTIVE DATE
11.1 Previous version of this bylaw 1161 and all amendments thereto are hereby
repealed upon the coming into force of this Bylaw
11.2 This Bylaw shall come into force and take effect upon receiving third and final
reading.
Read a first time this 07 day of April, 2026.
Read a second time this 07 day of April, 2026.
Read a third time this 07 day of April, 2026.
Mayor
Signature
Brian LaBerge
Chief Administrative Officer
Signature
Jordan Panasiuk
APPENDIX "A"
Application Requirements for Non-Residential Tax Incentives
Pursuant to the Non-Residential Tax Incentives Bylaw No. 1161-3
1. All applications for an Exemption under the Non-Residential Tax Incentive Bylaw must
include the following information:
a)
a signed and dated application form;
b)
the application fee of one hundred dollars ($100.00);
c)
an agent authorization form or directors' resolution;
d)
a corporate registry record of the Applicant dated within 60 days of the date of
the application;
e)
a land titles certificate of the assessed property dated within 60 days of the
date of the application or reasonable evidence of the right of the Applicant to
purchase the assessed property;
f)
a description of the business;
g)
a description of the Exemption being requested;
h)
For Medical Clinic Exemption C only, the Applicant must provide written
verification from Alberta Health confirming the total number of Publicly Insured
Service patient visits provided at the assessed property during the previous
full calendar year. For new Medical Clinics without a full prior calendar year of
operations, the Applicant must provide a reasonable written estimate of
anticipated insured patient visits for the first calendar year of operation,
together with supporting rationale acceptable to the CAO.
i)
For Medical Clinic Exemption C only, where the Applicant is the property
owner or landlord and not the operator of the Medical Clinic, the Applicant
must provide written confirmation, signed by the Medical Clinic operator, that
any tax exemption granted under this Bylaw will be fully passed through to,
and benefit, the Medical Clinic practice. The Town may require additional
documentation, in its sole discretion, to verify compliance with this
requirement.
j)
an explanation of how the application meets the criteria for an Exemption; and
k)
any other information, in the discretion of the CAO, that the CAO determines
to be necessary to make an application.
2. Applicants may provide any other material, including additional print, visual or audio-
visual material, which the Applicant believes will support their application.
3. The CAO has the discretion to reject applications that are incomplete, illegible, or
provided after the Application Deadline provided in the Non-Residential Tax
Incentives Bylaw.
4.
Incomplete or late applications shall be returned.
5. Applicants whose applications are returned as incomplete may resubmit their
application provided the application is resubmitted by the Application Deadline
provided in the Tax Incentives Bylaw.
6. Applicants will be advised if their application is accepted for consideration.
Applications accepted for consideration shall become the property of the Town and
may not be returned.
APPENDIX "B"
Application Form for Non-Residential Tax Incentives
Pursuant to the Non-Residential Tax Incentives Bylaw No. 1161-3
Only applications that are complete, legible, and provided by the deadline outlined in the Non-Residential
Tax Incentives Bylaw will be considered. Incomplete or late applications will be returned. Applications
that are brought forward for consideration, including any material provided with the application, become
the property of the Town, and may not be returned. Information in applications may be included in reports
that are available to the public.
Applicant Information:
Applicant Name:
Registered Corporate
Name, If Different:
Legal Description of
Assessed Property:
Mailing Address of
Assessed Property:
Corporate
Registry
Office
Address
of
Applicant:
Agent Information:
Name of Authorized Agent
for Applicant:
Mailing Address for Agent
Email Address for Agent:
Telephone
Number
for
Agent:
The personal information collected through the Town of Hinton application forms will be used solely for administering the
affairs of the Town. This collection is authorized by section 4 (c) of the Protection of Privacy Act. Please be advised that
your name, address, and details related to your application may be included on reports that are available to the public as
required or allowed by legislation. For questions about the collection of personal information, contact the Privacy Officer
at [email protected] or at 780.740.6040.
Provide, or append, a brief description of business:
Print Name of Applicant's Agent
FOR OFFICE USE ONLY
DATE APPLICATION WAS RECEIVED
NAME OF RECIPIENT.