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VULCAN COUNTY
Vulcan - Alberta
BYLAW 2021-027
Being a bylaw of Vulcan County in the Province of
Alberta to provide non-residential property tax and/or
machinery and equipment tax incentives for new
industrial development.
WHEREAS the Municipal Government Act, RSA 2000, c.M-26 pursuant to
section 364.2, authorizes municipalities to allow full or partial exemption from
taxation for non-residential properties.
AND WHEREAS Vulcan County is committed to promoting investment
opportunities;
AND WHEREAS Vulcan County considers it desirable to encourage the
development of new non-residential properties for the general benefit of the
municipality;
AND WHEREAS Council advertised its intention to consider the provision of
this Bylaw pursuant to the requirements of the Municipal Government Act,
R.S.A. 2000 as amended or repealed and replaced from time to time;
NOW THEREFORE the Council of Vulcan County, in the Province of Alberta,
duly assembled enacts as follows:
1. This bylaw may be called the Non Residential Tax Exemption Incentive
Bylaw
2. Definitions In This Bylaw:
a) "Applicant" means a person who applies for an Exemption;
b) "Application Fee" means the fee established by this bylaw to be paid at the
time an application is submitted pursuant to this bylaw;
c) "Assessed Person" means an assessed person as defined under section
284(1) of the Municipal Government Act;
d) "CAO" means the Chief Administrative Officer of the County, or delegate;
e) "Commercial Operation Date" means the date from which the machinery and
equipment components of the New Project are operational as determined in
accordance with MRAT and the Municipal Government Act;
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f) "Complete Application" means an application submitted pursuant to this
bylaw that includes the Application Fee, the application form, any information
and documents set out on the application form and any additional application
requirements for the tax incentives under this bylaw, including any additional
documentation requested by the County to verify the accuracy of the
information provided;
g) "County" means the municipal corporation of Vulcan County, a municipality
established under the authority of the Municipal Government Act;
h) "Council" means the Council of Vulcan County;
i) "Decision" means the decision to grant an Exemption, to reject the
Exemption application, or to cancel an Exemption;
j) "Eligible Capital Costs" means the lower of the actual total capital costs
incurred to construct the New Project, or the estimated cost to the Assessed
Person to construct the New Project at the time of Final Investment Decision
as outlined in the Complete Application, and will include any new
expenditures on labour, 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 land before construction
commenced or the land itself, or other non-capital costs such as
legal/regulatory/permitting fees;
k) "Exemption" means the portion of taxes on non-residential property and
machinery and equipment that have been determined to be exempt in
accordance with this bylaw, and which are computed separately under this
bylaw for non-residential property and for machinery and equipment;
l) "Expansion Project" means development that adds to the existing facilities
physical space or associated infrastructure, but does not include the
replacement and upgrading of the components of an existing facility;
m) "Final Investment Decision" means the final approval and sanction by the
owners of a New Project;
n) "Full Time Position" means the equivalent of a person working a minimum of
37.5 hours per week throughout a 52-week period;
o) "Machinery and Equipment" means the type of property falling within the
assessment class specified in section 297(1)(d) of the Municipal Government
Act;
p) "Municipal Government Act" means the Municipal Government Act, RSA 2000,
c M-26;
q) "MRAT" means the Matters Relating to Assessment and Taxation Regulation,
2018, AR 203/2017;
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r) "New Project" means a new construction of an Industrial and/or Machinery
and Equipment Project on a Property;
s) "Non-Residential" means the type of property falling within the assessment
class specified in section 297(1)(b) of the Municipal Government Act but does
not included linear property as defined in section 284 (k) of the Municipal
Government Act;
t) "Property" means the property or properties on which an Applicant is
applying to qualify for an Exemption;
u) "Qualifying Property" means a Property which meets the criteria under this
bylaw for an Exemption;
v) "Supplementary Assessment" means a supplementary assessment as set out
in Part 9, Division 4 of the Municipal Government Act;
w) "Tax Incentive Agreement" means a written agreement setting out the terms
and conditions for an Exemption for the Qualifying Property.
3. Interpretation
The following rules apply to interpretation of this bylaw:
a) headings, titles, margin notes, and preambles in this bylaw are for ease of
reference only;
b) gender-specific words, phrases, and references are intended to be gender-
neutral, and the singular includes the plural as the context requires;
c) every provision of this bylaw is independent of all other provisions and if any
provision of this bylaw is declared invalid by a Court, all other provisions of
this bylaw remain valid and enforceable; and
d) references to bylaws and enactments in this bylaw include amendments and
replacement bylaws and enactments, and regulations and orders thereunder.
PART II - AUTHORITY AND CRITERIA FOR EXEMPTION
4. Authority to Grant Exemption
The Chief Administrative Officer has the authority to determine whether an
Exemption will be granted in accordance with the terms and conditions of this
bylaw.
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5. Criteria for Exemption
a) To be eligible for an Exemption, and qualify as a Class "A" Property the
following eligibility criteria must be met:
(i)
be a New Project with Eligible Capital Costs of more than
$1,000,000 Canadian dollars;
(ii)
be an Expansion Project with Eligible Capital Costs of more than
$1,000,000 Canadian dollars
(iii)
be commenced subsequent to this bylaw coming into force;
(iv)
employ on the Property on an ongoing basis after construction is
complete, the equivalent of more than (35) Full Time Positions.
b) To be eligible for an Exemption, and qualify as a Class "1" Property the
following eligibility criteria must be met:
(i)
be a New Project with Eligible Capital Costs of more than
$200,000 Canadian dollars;
(ii)
be commenced subsequent to this bylaw coming into force;
c) Requirements for Qualifying Property:
(i)
be physically located within Vulcan County;
(ii)
obtain all necessary development approvals from the
County;
(iii)
not have development compliance issues, be in violation of a
development agreement, or in violation of the Safety Code
Act at any time during the taxation years for which the
Exemption applies.
d) Requirements for Applicant:
(i)
Applicant is the Assessed Person or authorized agent for the
Assessed Person;
(ii)
Assessed Person must not be in arrears or have amounts owing
with regards to property tax, utilities, or other fees owed to the
County;
(iii)
Assessed Person must not be in bankruptcy or receivership;
(iv)
Assessed Person must be in compliance with terms and
conditions of any grant or other financial assistance received
from the County, irrespective of the New Project, or the
Qualifying Property;
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(v)
Assessed Person and their agent must not furnish false
information within an Application, or furnish false information or
misrepresent any fact or circumstance to the County whether as
part of the application process or during the term of the Tax
Incentive Agreement; and
(vi)
Assessed Person and their agent must meet all requirements
under this bylaw and the Municipal Government Act.
6. Ineligible Projects
New projects that transition operations or relocate development from an
incorporated urban municipality within the boundaries in Vulcan County will not
be eligible for an Exemption.
The Chief Administration Officer may exercise discretion to refuse to have the
County grant an Exemption when:
a) an entity related to the Assessed Person is in bankruptcy, or receivership;
b) the Assessed Person owns any interest in another property that is going
through foreclosure;
c) an entity related to the Assessed Person owns any interest in another
property going through foreclosure;
d) the Property is the subject of some form of litigation;
e) the Assessed Person is involved in litigation with the County; or
f) in the sole discretion of the Chief Administrative Officer, there is any other
reason to believe that the Exemption is not in the public interest.
7. Exemption Effect
An Exemption may have effect for up to:
a) Four (4) consecutive taxation years
b) No subsequent application for exemption or deferral of taxes will be
accepted for the New Project.
c) Notwithstanding anything in this bylaw, no exemption will be
permitted to apply in a taxation year that is more than 15 years after
an exemption is approved in accordance with this bylaw.
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8. Change of Ownership
a) A change in ownership of the Property will not affect the Exemption
unless the new owner falls within one or more of the terms for
disqualification under section 6 of this bylaw.
b) To maintain eligibility for the Exemption, the new owner
must assume the obligations that arise under the Tax incentive
agreement.
PART III - APPLICATION AND DECISION PROCESS
9. Application for Exemption
The application process for an Exemption is as follows:
a) Applicants must submit a Complete Application to the County, and the
Chief Administrative Officer has the discretion to reject applications that
are incomplete, ineligible, or provided after the deadline provided in this
bylaw;
b) Applicants of a Class "A" property must submit a non-refundable
application fee of one thousand dollars ($1,000) Canadian;
c) Applicants of a Class "1" property must submit a non-refundable
application fee of two hundred dollars ($200) Canadian;
d) A Complete Application must be received before construction of the New
Project has commenced;
e) Applicants whose applications are returned as incomplete or ineligible
may resubmit an application without payment of a further application fee;
f) notwithstanding the Complete Application requirements, the County may
require any additional information that, in the discretion of the County, is
necessary to complete the application and may require the Applicant's
consent to be given for the County to obtain such additional information;
g) Complete Applications may be considered and approved in accordance
with this bylaw before construction on the qualifying property is
complete; however, the Exemption will not apply until all construction on
the Qualifying Property is complete, the development is inspected and
approved, and the Commercial Operation Date takes place; and
h) the County will advise Applicants in writing if their application is accepted
for consideration. Applications accepted for consideration will become the
property of the County and may not be returned.
i) The Chief Administrative Officer will receive and consider Complete
Applications within the provisions of this bylaw and may consult with,
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obtain information from, and verify information with other employees or
agents of the County, other governments, government agencies, or
persons.
10. The Chief Administrative Officer will consider each application and:
a) grant the Exemption and enter into a Tax Incentive Agreement with the
Applicant; or
b) reject the application and advise the Applicant with written reasons as to
why.
11. The Chief Administrative Officer is authorized to enter into a Tax
Incentive Agreement with the Applicant if an Exemption is granted.
12. The Chief Administrative Officer will issue a written Decision to the Applicant
outlining the following information:
a) whether a Property qualifies for the Exemption, and the years to which
the Exemption applies, which must not include any taxation year earlier
than the taxation year in which the Exemption is granted, if applicable;
b) any reason why the Property fails to qualify for the Exemption and
provide the date by which an application for an appeal to Council must be
made;
c) the extent of any exemptions granted on the Property pursuant to the
terms of this bylaw; and
d) any conditions, the breach of which will result in the loss of the
Exemption and the taxation year or years in which the conditions apply.
13. In issuing a Decision under subsection (12), and in the Tax Incentive
Agreement, the Chief Administrative Officer may set conditions requiring the
Applicant to provide information requested by the County to enable the
County to monitor whether the Property continues to meet the terms of this
bylaw throughout the period for which the Exemption is granted, or to ensure
that the calculation of the Exemption is accurate, including the provision by
the Applicant of consent for the disclosure of such information to the Chief
Administrative Officer by employees or agents of the County, other
governments, government agencies, or other persons.
14. It will be a deemed condition of all Decisions that section 5 of this bylaw be
complied with on an ongoing basis.
15. At any time, the Chief Commission may require the Applicant to provide any
documents as the Chief Administrative Officer may deem necessary to verify
any information contained in the application or to confirm ongoing
compliance with the eligibility criteria of the Exemption.
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16. When a condition of the Decision is breached, a Property no longer qualifies
for an exemption under this bylaw, or information becomes available that
shows that the Property should not qualify for an exemption under this
bylaw, the Chief Administrative Officer will issue a written Decision cancelling
the exemption, provide an explanation why the exemption has been
cancelled, and what criterion or conditions must be met in order for the
exemption to be reinstated, if applicable. The written Decision will also
provide the date in which an appeal to Council must be submitted.
PART IV - CALCULATION AND APPLICATION OF THE EXEMPTION
17. An Exemption granted pursuant to this bylaw will be calculated and applied in
accordance with this section.
Class "A" Properties
a) 90% of the value of the current years' municipal tax levy in the first
year of taxation of the new development;
b) 65% of the value of the current years' municipal tax levy in the
second year of taxation of the new development;
c) 40% of the value of the current years' municipal tax levy in the third
year of taxation of the new development;
d) 20% of the value of the current years' municipal tax levy in the fourth
year of taxation of the new development;
Class "1" Properties
a) 70% of the value of the current years' municipal tax levy in the first
year of taxation of the new development;
b) 50% of the value of the current years' municipal tax levy in the
second year of taxation of the new development;
c) 30% of the value of the current years' municipal tax levy in the third
year of taxation of the new development;
18. Commencement of Exemption
The Exemption will begin in effect when:
a) the Commercial Operation Date is reached; and
b) the Applicant has demonstrated that all applicable conditions of the
Decision, the Tax Incentive Agreement and requirements under this
bylaw have been met.
19. Tax Incentive Agreement
A Tax Incentive Agreement will be required for all granted
Exemptions. The Tax Incentive Agreement will include the following:
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;
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b) conditions the breach of which will result in cancellation of the Tax
Incentive Agreement and the Exemption, and the taxation year or
years to which the conditions apply;
c) the date which the Exemption will begin in effect, which will be the
Commercial Operation Date;
d) the amount of the Exemption, to be calculated and allocated in
accordance with section 17 of this bylaw; and
e) any other information or conditions provided by the County.
20. Cancellation of Exemption
If at any time after an Exemption is granted, the County determines that:
a) the Applicant or their application did not meet or ceased to meet any
of the criteria in which formed the basis of granting the Exemption; or
b) there was a breach of any condition of the Tax Incentive Agreement;
the County may cancel the Exemption for the taxation year or years
in which the criterion was not met or to which the condition
applies.
c) A written Decision to cancel an Exemption must be provided to the
Applicant and must include reasons for the cancellation, identify the
taxation year or years to which the cancellation applies, and provide
the date by which an application for an appeal to Council must be
made.
PART V - APPEAL TO COUNCIL
21. An Applicant may appeal to Council in the following situations:
a) an Application for Exemption is refused or rejected;
b) an Exemption is cancelled for one or more taxation years;
c) a Tax Incentive Agreement is cancelled; or
d) content of the Tax Incentive Agreement is inconsistent with the bylaw
or the Municipal Government Act.
22. A request for appeal must be submitted in writing to the Chief Administrative
Officer within 30 days of:
a) written notice being sent to the Applicant that an application has been
refused or rejected;
b) written notice being sent to the Applicant that an Exemption is
cancelled for one or more taxation years;
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c) written notice being sent to the Applicant that a Tax Incentive
Agreement is cancelled; or
d) execution of a Tax Incentive Agreement as the case may be.
23. Council will consider an appeal at:
a) a regularly scheduled meeting of Council; or
b) a special meeting of Council.
24. Remedies available to Council upon conclusion of an appeal are:
a) Council may uphold or revoke a decision of the Chief Commissioner
with respect to the outcome of an application or cancellation of an
Exemption or Tax Incentive Agreement; or
b) Council can revise or direct the Chief Commissioner to revise a Tax
Incentive Agreement.
c) In accordance with section 460(7) of the Municipal Government Act,
complaints about a Decision may not be made to the assessment
review board.
25. Enactment
a) This bylaw shall come into effect upon third and final reading thereof.
Received first reading this 16th day of June, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Received second reading this 6th day of October, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original
signed]
________________________________
Nels Petersen, CAO
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Received third reading and finally passed this 6th day of October, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO