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DISTRICT OF MACKENZIE
BYLAW NO. 1353
A bylaw to provide a Revitalization Tax Exemption Program
for eligible construction within the District
WHEREAS the Council of the District of Mackenzie strives to attract new businesses, help
existing business expand and encourage development;
AND WHEREAS the District's efforts include revamping the District's regime of taxes, fees, and
charges, removing impediments to private sector investment and development;
AND WHEREAS section 226 of the Community Charter allows the District to enact a
Revitalization Tax Exemption bylaw after notice of the proposed bylaw has been given in
accordance with section 227 of the Community Charter;
AND WHEREAS the District's municipal council has considered this Bylaw in conjunction with
the objectives and policies set out under section 165 (3.1) (c) [use of permissive tax exemptions]
in the District's financial plan.
NOW T H E R E F O R E the Council for the District of Mackenzie in an open meeting assembled
H E R E B Y ENACTS as follows:
CITATION
1.
This Bylaw shall be cited as the "DISTRICT OF MACKENZIE REVITALIZATION TAX
EXEMPTION BYLAW NO. 1353,2016".
DEFINITIONS:
2.
In this Bylaw:
(a)
"Agreement" means an agreement between the Owner of a Lot and the District
that contains the terms and conditions governing the provision of the Revitalization
Tax Exemption under this Bylaw in the form approved by the District Official and
as provided in section 226(7) of the Community
Charter,
(b)
"Application" means an application for a Revitalization Tax Exemption under this
Bylaw in the form attached as Schedule A to this Bylaw;
(c)
"Base Year" means the year of the issuance of a Certificate;
(d)
"Building" means a building, structure or improvement in an Eligible Class in the
District that is intended for habitation, occupation or use by persons for which a
Building Permit was issued and that is authorized by the District's bylaws;
(e)
"Building Permit" means a building permit or development permit issued by the
District as required and in accordance with all applicable District bylaws for any
Construction;
(f)
"Business and Other" means the Class 6 - Business and Other property class
prescribed in the Assessment Act, RSBC 1996, c. 20 and the Prescribed Classes of
Property Regulation, B.C. Reg. 438/81, as amended or re-enacted from time to
time;
(g)
"Bylaw" means this Bylaw and any amendments to it;
(h)
"Certificate" means a Revitalization Tax Exemption Certificate as set out in
Schedule B attached hereto and forming part of this Bylaw;
(i)
"Community Charter" means the Community Charter, SBC 2003, c. 26 as
amended or reenacted from time to time;
(j)
"Construction" means construction of a new Building or renovation or
improvement of an existing Building in accordance with a Building Permit;
(k)
"District" means the District of Mackenzie or the area within the boundaries of the
District of Mackenzie as the context requires;
(1)
"District Official" means the District's Chief Financial Officer or their designate
or another person designated by the District's municipal council;
(m)
"Eligible Class" means any of Utility, Major Industry, Light Industry or Business
and Other;
(n)
"Exemption" means the Revitalization Tax Exemption provided under this Bylaw;
(o)
"Light Industry" means the Class 5 - Light Industry property class prescribed in
the Assessment Act, RSBC 1996, c. 20 and the Prescribed Classes of Property
Regulation, B.C. Reg. 438/81, as amended or re-enacted from time to time;
(p)
"Lot" means the land and improvements in a block, lot or other area in the District
in which land is held or into which land is subdivided but does not include a
highway;
(q)
"Major Industry" means the Class 4 - Major Industry property class prescribed in
the Assessment Act, RSBC 1996, c. 20 and the Prescribed Classes of Property
Regulation, B.C. Reg. 438/81, as amended or re-enacted from time to time;
(r)
"Municipal Property Tax" means property value taxes imposed on land and
improvements by the District under section 197(l)(a) of the Community
Charter,
(s)
"Non-Market Change" means the change to the assessed value of a Lot that is not
due to real estate market fluctuations or conditions, from the time immediately
before issuance of a Building Permit until the time of issuance of an Occupancy
Permit for Construction that is eligible for an Exemption under this Bylaw, as
determined by BC Assessment under the Assessment Act; -
(t)
"Occupancy Permit" means an occupancy permit or other permit issued by the
District to permit occupancy and use of a Building following Construction as
required and in accordance with all applicable District bylaws;
(u)
"Owner" means, in respect of real property;
(i)
the registered Owner of an estate in fee simple of a Lot;
(ii)
the tenant for life under a registered life estate of a Lot;
(iii)
the registered holder of the last registered agreement for sale in respect of a
Lot; or
(iv)
the holder or occupier of a Lot held in the manner referred to in section 228
[taxation of Crown land used by others] or section 229 [taxation of
municipal land used by others], of the Community Charter;
(v)
"Revitalization Tax Exemption Program" means the program established by this
Bylaw to encourage various types of revitalization within the District to achieve a
range of economic, social and environmental objectives;
(w)
"Revitalization Tax Exemption Recapture" means all Municipal Property Tax
exempted in respect of a Lot from the period of execution of the Revitalization Tax
Exemption Agreement, including a pro rata portion for the year of cancellation,
plus interest;
(x)
"Utility" means the Class 2 - Utility property class prescribed in the Assessment
Act, RSBC 1996, c. 20 and the Prescribed Classes of Property Regulation, B.C.
Reg. 438/81, as amended or re-enacted from time to time.
RATIONALE AND OBJECTIVES
3.
A Revitalization Tax Exemption Program, which includes specific tax exemption
incentives for Construction of new or existing Buildings is established for all Lots in the
District in the following Eligible Classes: Utility, Major Industry, Light Industry and
Business and Other.
4.
The reasons for and the objectives of the Revitalization Tax Exemption Program are to:
(a)
provide Owners with an economic incentive in the form of an Exemption for
eligible Construction;
(b)
encourage the development of a wide variety of Buildings and uses in the District;
(c)
increase development, the foot traffic, activity, and animation of the District; and
(d)
increase local employment opportunities; and
the Exemption provided under this Bylaw is intended to accomplish these objectives by
encouraging Construction.
ELIGIBILITY:
5.
An Owner is eligible for an Exemption under this Bylaw if:
(a)
a Building Permit is issued to the Owner after the enactment of this Bylaw for
Construction;
(b)
the Construction consists of Construction of a new Building or Construction to an
existing Building that results in a Non-Market Change to the Lot of at least
$500,000; and
(c)
the Owner complies with the Building Permit and all applicable land use and other
District enactments and the requirements of this Bylaw.
VALUE OF EXEMPTION
6.
The Exemption provided under this Bylaw is as follows:
(a)
in the first year after the Base Year, a 100% exemption on Municipal Property Tax
for the Non-Market Change in assessment of land and improvements on the Lot
between the Base Year and first year after the Base Year;
(b)
in the second year after the Base Year, a 50% exemption on Municipal Property
Tax for the Non-Market Change in assessment of land and improvements on the
Lot between the Base Year and second year after the Base Year;
(c)
in the third year after the Base Year, a 25% exemption on Municipal Property Tax
for the Non-Market Change in assessment of land and improvements on the Lot
between the Base Year and third year after the Base Year; and
(d)
in the fourth and succeeding years after the Base Year, no exemption on Municipal
Property Tax.
7.
Where it has been determined that a multi-phased development qualifies for an Exemption,
the Exemption shall apply uniformly to and separately to all Lots in the multi-phase
development as each Lot is created. The Exemption applicable to a multi-phase
development shall be available to all phases of the development despite their respective
dates of completion provided such completion occurs within ten (10) years of the issuance
of a Certificate under this Bylaw.
8.
Notwithstanding section 6 of this Bylaw, the amount of an Exemption under this Bylaw
shall not exceed the Exemption in the first year after the Base Year under this Bylaw.
REVITALIZATION TAX EXEMPTION APPLICATION PROCEDURE
9.
To obtain an Exemption, an Owner must:
(a)
pay a non-refundable application fee in the amount of $ 100.00;
(b)
submit a completed written Application to the District Official, in the form
prescribed in Schedule A to this Bylaw and satisfactory to the District Official
within 30 days of issuance of the Building Permit;
(c)
submit the following documents in support of the Application:
(i)
proof that all taxes, utilities, rates, and charges imposed on the Lot have
been paid, including, without limitation, proof that a pro-rated amount of
Municipal Property Tax, payable on land and improvements, has been paid
in respect of the Lot until the date the Application is submitted;
(ii)
a copy of the property assessment notice for the Lot for the year during
which the Application is made, as issued by the British Columbia
Assessment Authority;
(iii)
a copy of land title registration as proof of ownership for the Lot;
(iv)
a written description of the Construction in accordance with the eligibility
criteria referred to in section 5 of this Bylaw; and
(v)
a copy of the Building Permit for evidence as to the estimated cost of the
Construction.
10.
For an Exemption to apply in a given year, an Owner must satisfy the requirements of
section 9 of this Bylaw by August 31 of the preceding year.
11.
Upon receipt and review of the written Application and other materials required by section
9 of this Bylaw, the Owner's Application will either be approved or denied by the District
Official and if denied, the District Official will advise the Owner of the reasons for denial.
REVITALIZATION TAX EXEMPTION AGREEMENT
12.
Upon meeting the eligibility criteria and providing supporting documents to the satisfaction
of the District, the Owner must enter into a Revitalization Tax Exemption Agreement that
establishes the terms and conditions upon which a Revitalization Tax Exemption
Certificate shall be issued.
REVITALIZATION TAX EXEMPTION C E R T I F I C A T E
13.
A Revitalization Tax Exemption Certificate will be issued to an Owner when the Owner
has complied with all terms and conditions of this Bylaw, including those detailed in
section 14 below and an Occupancy Permit has been issued for the Construction that
satisfies the criteria outlined in section 5 of this Bylaw.
14.
The following conditions are required for a Revitalization Tax Exemption Certificate to be
issued for a Lot:
(a)
the Owner of the Lot has met all applicable provisions of this Bylaw;
(b)
the Owner of the Lot has entered into a Revitalization Tax Exemption Agreement
with the District; and
(c)
the Owner of the Lot has met all terms and conditions as set out in the Revitalization
Tax Exemption Agreement.
15.
The Revitalization Tax Exemption Certificate shall be in the form as attached as Schedule
B to this Bylaw.
16.
A Tax Exemption Certificate is issued to a specified property as identified on the
Certificate and remains with the property until the Certificate is expired or cancelled.
T E R M OF EXEMPTION AND CANCELLATION
17.
Subject to section 7 of this Bylaw, the maximum term for an Exemption under this Bylaw
is three (3) years and shall commence on January 31 in the first year after the Base Year
and expire on December 31 in the third year after the Base Year unless terminated earlier
by cancellation of the Revitalization Tax Exemption Certificate that is issued by the District
under this Bylaw.
18.
A Revitalization Tax Exemption Certificate may be cancelled by the District's Council in
one or more of the following circumstances:
(a)
upon written request of the Owner;
(b)
if any of the requirements of this Bylaw or the conditions contained in the
Agreement are not met;
(c)
i f the Lot is put to any use that is not permitted or fails to meet the eligibility
requirements;
(d)
if the Owner breaches:
(i)
any enactments, laws, statutes, regulations and orders by an authority
having jurisdiction, including District Bylaws;
(ii)
any federal, provincial, municipal, and environmental licenses, permits, and
approvals; or
(iii)
if the Construction is not completed and an Occupancy Permit is not issued
within the specified date of the Revitalization Tax Exemption Agreement.
19.
If a Lot that has benefited from an Exemption under the Revitalization Tax Exemption
Program established by this Bylaw ceases to meet all the conditions of the Certificate, then:
(a)
the Certificate shall be cancelled and a Revitalization Tax Exemption Recapture on
that Lot will be imposed;
(b)
all Municipal Property Taxes exempted in respect of that Lot from the period of
execution of the Revitalization Tax Exemption Agreement shall be repaid,
including a pro-rata share for the year of cancellation, plus interest; and
(c)
should the Revitalization Tax Exemption Recapture amount not be repaid, the
District shall add those taxes to the property tax roll for that Lot.
E F F E C T I V E DATE
20.
This Bylaw will take effect as of the date of adoption.
NOTICE of this Bylaw given in accordance with s. 227 of the Community Charter on the
1
s t &
8*_ day of
June
, 2016.
, 2016.
, 2016.
, 2016.
, 2016.
READ a first time this
24
t h
, dav of
May
READ a second time this
13
th
, dav of
June
READ a third time this
13*
, dav of
June
ADOPTED this
22
n d
, dav of
June
I hereby certify the foregoing
to be a true and correct copy
of District of Mackenzie
Bylaw No. 1353 cited as
"Revitalization Tax Exemption
Bylaw No. 1353,2016".
Corporate Officer
Mayor
SCHEDULE A
APPLICATION
Any Owner that wishes to obtain a Revitalization Tax Exemption under the District's
Revitalization Tax Exemption Bylaw No. 1353, 2016 (the "Bylaw") will be required to complete
the following Application and satisfy all requirements of the Bylaw. Defined terms in the Bylaw
also apply to this Application and Owners should read the Bylaw before completing this
Application.
The Application must be submitted to the District Official within 30 days of issuance of a Building
Permit in order to be eligible for an Exemption under the Bylaw.
Certificates will be issued after an Occupancy Permit has been issued for eligible Construction and
the Owner has complied with all requirements of the Bylaw.
Application Process:
Step #1: Apply for All Applicable Permits
Step #2: Apply for Revitalization Tax Exemption
Step #3: Administrative Review (Community Development Manager)
Step #4: Report to Council for Review
Step #5: Council Decision: Approval Subject to Final Inspection
Step #6: Project Final Inspection and issuance of Occupancy Permit
Step #7: Issuance of Tax Exemption Certificate
***PLEASE PRINT***
OWNER(S)' DETAILS:
Owner(s)' name(s):
Address:
Phone number(s):
Fax:
Email:
Business Licence number (if applicable):
BUILDING PERMIT NUMBER:
L O T DETAILS:
Address:
Legal Description:
CONSTRUCTION DETAILS:
Location of Construction:
Description of Construction:
Check applicable:
o Construction of new Building
o Construction (alteration, renovation or improvement) of existing Building
Estimated cost of Construction:
Start Date:
Estimated completion date:
Estimated number of jobs to be created by Construction:
OTHER MATERIAL INFORMATION:
CONFIDENTIALITY: *
If any of the information in this Application needs to be treated as confidential, please indicate
with reasons:
* Please note that notwithstanding an Owner's request for confidentiality, the District is
subject to the provisions of the Freedom of Information and Protection of Privacy Act and
does not warrant or represent that the information can or will be kept confidential.
DECLARATION OF OWNER(S):
I am/we are the Owner(s) or an authorized signatory of the Owner(s),
and confirm that all the above statements contained within this Application are true and
complete and there is no material information that is not disclosed in this Application. Dated
and signed this
day of
, 20
:
Witness name:
Owner name:
Witness name:
Owner name:
SCHEDULE B
BYLAW TAX EXEMPTION C E R T I F I C A T E
Date of issuance:
Certificate Number:
Name of Owner(s):
Address and contact information for Owners:
Address of Lot subject to Exemption:
Legal description of Lot subject to Exemption: PID:
Roll # for Lot subject to Exemption:
Term of Exemption:
Date of commencement of Exemption: January 1, 20
Date of expiry of Exemption: December 31, 20
Extent of, and formula for, Exemption:
Year 1: 100% exemption on Municipal Property Tax for the Non-Market Change in assessment of
land and improvements on the Lot for eligible Construction between the Base Year and first year
after the Base Year
Year 2: 50% exemption on Municipal Property Tax for the Non-Market Change in assessment of
land and improvements on the Lot for eligible Construction between the Base Year and second
year after the Base Year
Year 3: 25% exemption on Municipal Property Tax for the Non-Market Change in assessment of
land and improvements on the Lot for eligible Construction between the Base Year and third year
after the Base Year
Conditions on which Exemption is provided:
1. Compliance with District's Revitalization Tax Exemption Bylaw and all other District
enactments.
2. Compliance with Revitalization Tax Exemption Agreement.
3.
4.
5.
Recapture amount is payable if the Exemption Certificate is cancelled, as determined in
accordance with section 19 of the District's Revitalization Tax Exemption Bylaw.
Issued by:
Chief Financial Officer, District of Mackenzie
DISTRICT OF MACKENZIE
Bylaw No. 1486
A Bylaw to Amend District of Mackenzie
Revitalization
Tax Exemption Bylaw No. 1353, 2016
WHEREAS the District of Mackenzie deems it prudent and desirable to amend its Revitalization
Tax Exemption Bylaw;
NOW THEREFORE BE IT RESOLVED that the Council of the District of Mackenzie in open
meeting assembled HEREBYENACTS as follows:
1.
BylawNo. 1353 cited as "District of Mackenzie Revitalization Tax Exemption Bylaw No
1353, 2016" is hereby amended as follows:
a)
Bydeleting the provisions of Section 5 (a) and replacing them with the following:
"5. An Owner is eligible for an Exemption under this Bylawif:
(a) a Building Permit is issued to the Owner after the enactment
of this Bylawfor
Construction;
(b) the Construction consists of Construction of a new Building or Construction to
an existing Building that results in a Non--MarketChange to the Lot of at least
$150,000; and
(c) the Owner complies with the Building Permit and all applicable land use and
other District enactments
and the requirements of this Bylaw."
2.
This bylaw may be cited for all purposes
as "Revitalization Tax Exemption Program
Amendment BylawNo. 1486, 2022.
READ a first time this
22""
day of
August
2022.
READ a second time this
22""
day of
August
, 2022.
READ a third time this
22""
day of
August
, 2022.
ADOPTED this
26"'
day of
September
, 2022.
I hereby certifythe foregoing
to be a true and correct copy
of Districtof Mackenzie Bylaw
No. 1486 cited as "RevitalizationTax
Exemption Amendment
BylawNo. 1486, 2022".
yor
gl/V
lpl
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Corporate Officer
Corporate
fficer