HomeMy Public PortalAboutRevitalization Tax Exemption Consolidated Bylaw 1328TOWN OF OLIVER
BYLAW 1328
A bylaw to establish a Revitalization Tax Exemption Program to provide relief from certain
municipal property taxes for eligible development projects.
Whereas:
A. Council wishes to encourage revitalization by providing certain tax exemptions for
qualifying developments in designated areas of Oliver;
B. Council may provide revitalization tax exemptions pursuant to section 226 of the Community
Charter;
C. Council has given notice of its intention to adopt this Bylaw in accordance with section 227
of the Community Charter;
D. Council has considered this Bylaw in conjunction with the objectives and policies set out
under section 165 (3.1) (c) of the Community Charter in its financial plan;
Now therefore, the Council of the Town of Oliver, in open meeting assembled, enacts as
follows:
Citation
1. This bylaw may be cited for all purposes as “Revitalization Tax Exemption Bylaw 1328”.
Definitions
2. In this Bylaw:
“Apartment Building” means a non-strata building under single ownership used or to be used
for monthly rental of individual dwelling units.
“Application Form” is the form referred to in section 14(2) of this bylaw.
“Assessed Value” means the assessed value of land and improvements of the
property, as determined by the BC Assessment Authority, for the purpose of
calculating property taxes.
“Baseline Assessment” means the BC Assessment Authority’s last published land
and improvements assessed value immediately before the commencement of the
Eligible Development.
“Building Inspector” means the person designated to issue building permits and to perform
building inspections pursuant to the Town’s Building Bylaw and the British Columbia
Building Code.
Amended by
Bylaw
1328.01
Sept. 22,
2014
Revitalization Tax Exemption Bylaw 1328 Page 2 of 27
“Construction Value” means the estimated value of construction, acceptable to the Building
Inspector and using the methodology for determining the value of construction on a building
permit, and, if required by the Building Inspector, must be determined by an estimate
prepared by the Owner’s architect or engineer. To the extent necessary, the Building
Inspector may divide the Construction Value into separate components representing new
construction, renovations and additions, as well as industrial, commercial and residential
building components.
“Co-op” means a development that is set up and operated as a housing cooperative under the
Cooperative Association Act of British Columbia.
“Council” means the elected council of the Town of Oliver.
“Designated Officer” means the person authorized by Council under section 3 of this Bylaw
to administer this Bylaw.
“Eligible Hotel Development” means a building or group of buildings containing not less
than 50 sleeping units which are available to the general public for short term daily
occupancy for not less than 182 days each year. An Eligible Hotel Development may include
attached or ancillary conference and recreation facilities, restaurants, service businesses and
retail outlets. If sleeping units are stratified, the strata lots must be subject to a Land Title Act,
section 219 covenant requiring them to be used for tourist occupancy not less than 182 days
each calendar year.
“Eligible Housing Development” means an Apartment Building, a Co-op, or a building
containing Restricted Strata Units.
“Eligible Improvement” means a building or part of a building for which a tax exemption
under this Bylaw is granted.
“Exemption Agreement” means a revitalization tax exemption agreement referred to in
section 15 of this bylaw.
“Exemption Certificate” means a tax exemption certificate referred to in section 17 of this
bylaw.
“Final Inspection” means a written notice issued by the Building Inspector certifying that all
work related to a building permit has been completed.
“Occupancy Permit” means written authorization from the Building Inspector to occupy a
building for its intended use.
“Oliver Airport” means the property operated as an airport by the Town, comprised of the
following parcel of land:
Parcel Identifier: 007-629-583;
Lot 2, DL 2450s, SDYD, Plan 38137, Except Plan 40263 and Plan KAP70549.
Revitalization Tax Exemption Bylaw 1328 Page 3 of 27
“Owner” means the registered owner of a property or group of properties for which a tax
exemption under this Bylaw has been applied for or granted and includes a tenant leasing
land from the Town on the Oliver Airport.
“Program” means the revitalization tax exemption program established under this Bylaw.
“Property” means a parcel or group of parcels within a Revitalization Zone that is eligible for
a tax exemption under this Bylaw.
“Restricted Strata Unit” means a Strata Unit within a multi-unit residential building that is
subdivided under the Strata Property Act, and that is subject to a no separate sale covenant
under section 219 of the Land Title Act, and that is subject to a housing agreement under
section 905 of the Local Government Act, restricting the use of the dwelling unit to rental
only for a period of at least 10 years following receipt of an Occupancy Permit.
“Revitalization Zone” means a geographical area of the Town that has been established to
provide tax exemptions for qualifying developments within that zone.
“Strata Unit” means a strata lot within a multi-unit residential building that is subdivided
under the Strata Property Act.
“Town” means the Town of Oliver as a municipal corporation or the physical boundaries of
the Town of Oliver, as the context requires.
“Work” means site servicing, building construction, and landscaping related to a
development for which a tax exemption is issued under this Bylaw.
Designated Officer
3. The person appointed as the Chief Financial Officer of the Town is appointed as the
Designated Officer to administer this Bylaw. In addition, a person appointed as Deputy Chief
Financial Officer may also act as the Designated Officer in place of the Chief Financial
Officer.
Delegation to Designated Officer
4. For each Exemption Agreement that is entered into pursuant to this Bylaw, Council hereby
delegates to the Designated Officer the authority to solely sign and issue the applicable
Exemption Certificate.
Establishment of Revitalization Zones
5. This Bylaw creates the Revitalization Zones listed below:
(1) Downtown Commercial Revitalization Zone, as described in Schedule C;
(2) Core Area Residential Revitalization Zone, as described in Schedule D;
(3) Industrial Revitalization Zone, as described in Schedule E; and
Revitalization Tax Exemption Bylaw 1328 Page 4 of 27
(4) Airport Revitalization Zone, as described in Schedule F.
(5) Hotel Development Revitalization Zone, as described in Schedule G.
Revitalization Tax Exemption Program – Reasons and Objectives
6. The Revitalization Tax Exemption Program is hereby established. The reasons for and
objectives of the Program are to foster economic growth, community revitalization, and
housing availability by encouraging the construction and renovation of buildings within the
Revitalization Zones established in this Bylaw. More specific objectives of each
Revitalization Zone are stated in the attached Schedules.
7. The Program is intended to accomplish its objectives by providing property tax relief for
qualifying developments in Revitalization Zones.
Qualification Deadline
8. This Bylaw commences on the date of its adoption, and developments that are under
construction as of that date or for which a building permit has been issued on or prior to that
date are not eligible for a tax exemption under this Bylaw.
9. In order to be eligible for an Exemption Certificate under this Bylaw, an Owner of a Property
must submit a completed Application Form for a tax exemption on or before May 31, 2023
and enter into a Tax Exemption Agreement with the Town on or before June 29, 2023.
Scope of Tax Exemption
10. The tax exemption available under this Bylaw is limited to the property value taxes imposed
for general municipal purposes excepting property value taxes for policing services by the
Town under section 197(1)(a) if the Community Charter. This Bylaw shall not include an
exemption from any local area service taxes or business improvement area taxes payable in
the designated areas in which the Property is located
11. This Bylaw is intended to provide tax relief only and nothing in this Bylaw shall be
interpreted such that an Owner is entitled to a tax refund or any other payment from the
Town.
12. If the Eligible Improvement is destroyed or demolished or otherwise removed, the tax
exemption for improvements, and the tax exemption for land (if applicable) under this
Bylaw, shall cease until another Eligible Improvement has been reconstructed on the
Property within the term of the tax exemption.
Strata Subdivision
13. Where an Eligible Improvement is a Strata Unit or is subdivided into a Strata Unit under the
Strata Property Act:
(1) the tax exemption for improvements under this Bylaw for each Strata Unit will be granted
such that the tax on improvements for that Strata Unit will be imposed on the assessed
Amended by
Bylaw 1328.02
January 8, 2018
Amended by
Bylaw 1328.03
July 23, 2019
Amended by
Bylaw 1328.02
January 8, 2018
Revitalization Tax Exemption Bylaw 1328 Page 5 of 27
value of the improvements minus the total Construction Value apportioned in accordance
with the unit entitlement of the Strata Unit, and
(2) the tax exemption for land under this Bylaw (if applicable) for each Strata Unit will be
granted such that the tax on land for that Strata Unit will be imposed on the Assessed
Value of the land minus 35% of the Baseline Assessment of the lands.
Tax Exemption Criteria
14. In order to qualify for a tax exemption, the following criteria must be met in relation to a
Property:
(1) Compliance with Bylaw – There must be strict compliance with the criteria established
by this Bylaw, including its Schedules.
(2) Application – A completed Application Form for tax exemption under this Bylaw must
be submitted by the Owner in writing to the Town on the form established by the
Designated Officer from time to time, but completion of the form does not relieve the
Owner from providing all additional information required by the Designated Officer.
(3) Exemption Agreement – Upon submission of a satisfactory application, an Exemption
Agreement must be approved by Council and executed by the Owner and the Town, and
the Owner must not be in breach of the Agreement during the term of the Agreement.
(4) Exemption Certificate – Once all the requirements of the Exemption Agreement are
complied with, an Exemption Certificate shall be issued and there must be compliance by
the Owner with the conditions of the Exemption Certificate.
(5) No Government Orders – The construction on the Property must not be a response to an
order of the Town or of another public authority.
(6) Payment of Taxes – All property taxes, rates, fees, and other charges levied by the Town,
including penalties and interest, on the Property and on other land owned by the Owner
within the Town must have been paid at the time of application for the Tax Exemption
and be kept current during the terms of the Exemption Agreement and the Exemption
Certificate.
(7) Compliance with Laws –The Owner must, at the time of the application for the tax
exemption, be using and occupying the Property in compliance with and at all times
during the term of the tax exemption must use and occupy the Property in compliance
with all enactments, regulations, and orders of any authority having jurisdiction and,
without limiting the generality of the foregoing, all federal, provincial, or municipal laws,
statutes, bylaws, licences, permits, and approvals, including all the rules, regulations,
policies, guidelines, criteria or the like made under any such laws.
Form of Exemption Agreement
15. The substantive terms of the Exemption Agreement to be entered into under this Bylaw are
contained within the agreement attached as Schedule A, subject to such additional site-
Amended by
Bylaw 1328.01
Sept. 22, 2014
Revitalization Tax Exemption Bylaw 1328 Page 6 of 27
specific conditions as are considered necessary by the Designated Officer or by Council in
respect of any particular Property.
Timing of Agreement
16. When an Owner has completed the Application Form and provided all other information
required by the Designated Officer, all to the satisfaction of the Designated Officer, the
Designated Officer will request that Council consider entering into an Agreement with the
Owner.
Exemption Certificate
17. Once the conditions established under the Exemption Agreement have been met, an Owner
of Property shall be entitled to an Exemption Certificate issued by the Designated Officer
with the substantive terms of the certificate attached as Schedule B, plus any other site-
specific conditions contained in the Exemption Agreement for that Property.
Date of Effectiveness of Certificate
18. Where the Exemption Certificate is issued on or before October 31 of a given year, the first
year of the tax exemption is the taxation year subsequent to the year in which the Exemption
Certificate is issued. Where the Exemption Certificate is issued after October 31 of a given
year, the first year of the tax exemption is the second year following the year in which the
Exemption Certificate is issued.
Cancellation of Exemption Certificate
19. An Exemption Certificate will be cancelled by Council:
(1) on the request of the Owner; or
(2) if any of the conditions in the Exemption Certificate are not met.
Recapture of Taxes
20. If Property that has benefitted from a tax exemption under the Program established by this
Bylaw ceases to meet all the conditions of the Exemption Certificate, then the Exemption
Certificate shall be cancelled as per subsection 19(2) of this bylaw and all tax exempted
commencing in the calendar year in which the conditions under the Exemption Certificate
were not met shall be calculated by the Designated Officer and shall become a debt
immediately payable by the Owner at that time to the Town and must be repaid by the Owner
at that time. Interest shall be calculated on the outstanding amount, from the date the
conditions of the Exemption Certificate were not met, at the rate set by the Province for
arrears of taxes, compounded monthly and shall continue to accrue until the debt is paid in
full.
No Multiple Exemptions
21. Notwithstanding any other provision of this Bylaw, a Property which is receiving a tax
exemption pursuant to any other bylaw may not apply for or qualify for a tax exemption
under this Bylaw.
Revitalization Tax Exemption Bylaw 1328 Page 7 of 27
Schedules
22. This Bylaw includes and incorporates the following seven schedules:
Schedule A – Form of Exemption Agreement
Schedule B – Form of Exemption Certificate
Schedule C – Downtown Commercial Revitalization Zone
Schedule D – Core Area Residential Revitalization Zone
Schedule E – Industrial Revitalization Zone
Schedule F – Airport Revitalization Zone
Schedule G – Hotel Revitalization Zone”
Read a First time on January 14, 2013.
Read a Second time on March 25, 2013.
Read a Third time on April 8, 2013.
Notice pursuant to section 227(3) of the Community Charter was published on April 3, 2013 and
on April 10, 2013.
Adopted on April 22, 2013.
Original signed by Mayor Original signed by Corporate Officer
___________________________ ________________________
Mayor Corporate Officer
Amended by
Bylaw 1328.02
January 8, 2018
Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 8 of 27
Schedule A – Form of Exemption Agreement
THIS AGREEMENT dated for reference the ___ day of ___________, 20___
BETWEEN:
[Insert Owner Name and Address] (the "Owner")
AND:
Town of Oliver
6150 Main Street
PO Box 638
Oliver, BC V0H 1T0 (the “Town”)
WHEREAS:
A. The Town has, by the Bylaw (defined later in this Agreement), established a Revitalization
Tax Exemption Program for the purpose of encouraging revitalization of certain areas of the
municipality;
B. The Owner is the registered owner, or the registered leaseholder of the Land, as defined in
this Agreement;
C. The Land is located in an area designated within the Bylaw as a revitalization area;
D. The Owner has applied for a Tax Exemption under the Bylaw and a copy of the Application
Form is attached to this Agreement, and the Owner has provided to the Town’s Chief
Financial Officer all additional information required for the purposes of this Agreement,
which additional information is also attached;
E. This Agreement contains the terms and conditions respecting the issuance, by the Town, of
an Exemption Certificate granting a partial municipal property tax exemption on the Land;
and
F. The Owner and the Town wish to enter into this Agreement.
THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements
contained in this Agreement (the receipt and sufficiency of which consideration the Town and
the Owner hereby expressly acknowledge), the Town and Owner covenant and agree with each
other as follows:
Definitions
1. In this Agreement the following words have the following meanings:
"Agreement" means this Agreement.
Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 9 of 27
"Bylaw" means "Revitalization Tax Exemption Bylaw 1328".
"Land" means [Insert complete legal description of the lands, including parcel identifier
number].
Bylaw Definitions
2. Any terms not defined in this Agreement but defined in the Bylaw have the meanings given
in the Bylaw.
Term
3. This Agreement shall commence on the date of its full execution and shall terminate:
(1) if a Final Inspection and an Occupancy Permit [if applicable] for the Eligible
Improvement are not obtained on or before [insert deadline date for completion] ; or
(2) upon issuance of an Exemption Certificate if an Exemption Certificate is issued .
Revitalization Zone
4. The Owner has applied to the Town for a Tax Exemption in the following revitalization zone
[check one]:
Downtown Commercial Core Area Residential Hotel Development
Industrial Airport
Tax Exemption Certificate
5. If the Owner meets all of the following conditions, the Town will issue an Exemption
Certificate, in form generally attached as Schedule B to the Bylaw, for the applicable Tax
Exemption, as authorized by the Bylaw, in respect of the Land:
(1) Construction or Alteration – The Owner must have constructed to a state of
completion as evidenced by a Final Inspection and also by an Occupancy Permit, if
applicable, issued by the Building Inspector, the following Eligible Improvement on the
Land:
[Insert project description here]
(2) Completion of Work – All Work must be completed in accordance with the BC Building
Code and applicable bylaws and servicing agreements with the Town, as well as any
building permit or permit issued by the Town under Part 26 of the Local Government
Act, including completion of all on-site and off-site landscaping or servicing Work that
is required by any such bylaw, permit or servicing agreement.
(3) Schedules – The Property must be developed in accordance with all applicable criteria
set out in the Bylaw, including the Schedules to the Bylaw.
(4) Utility Connections – The Owner must have paid to the Town the costs of all tie-ins of
works and services associated with the Eligible Improvement to existing storm and
sanitary sewers, water mains, water meters, driveways, and other municipal services.
Amended by
Bylaw 1328.02
January 8, 2018
Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 10 of 27
(5) No Government Orders – The construction of the Eligible Improvement must not have
been a response to an order of the Town or an order of another public authority.
(6) No Change in Zoning – The Owner must not have applied to the Town during the term
of this Agreement to change the zoning of the Land to some use other than the
proposed use stated in the application.
(7) Payment of Taxes – All property taxes, rates, fees, and other charges levied by the
Town, including penalties and interest, on the Property and on other land owned by
the Owner within Town must be paid.
(8) Subdivision – The Owner must not have, during the term of this Agreement,
subdivided the Land or any building on the Land, whether by conventional subdivision
or in any other way, except for a strata subdivision creating a Strata Unit or a
Restricted Strata Unit or stratifying a commercial, industrial or mixed-use building.
(9) Compliance with Laws and Covenants – The Owner must have, during the term of this
Agreement, used and occupied the Land in compliance with all enactments,
regulations, and orders of any authority having jurisdiction and, without limiting the
generality of the foregoing, all federal, provincial, or municipal laws, statutes, bylaws,
licences, permits or approvals, including all the rules, regulations, policies, guidelines,
criteria or the like made under any such laws and shall have complied with all land use
covenants and land use agreements and charges registered against upon title of the
Land.
(10) Change of Ownership – The Owner must not have sold, assigned or otherwise
transferred all or a portion of his or her equitable or legal interest in the Land during
the term of this Agreement unless the transferee took an assignment of this
Agreement, in a form satisfactory to the Town, and agreed to be bound by it.
(11) Additional Site-Specific Terms – [List additional terms here]
Entire Agreement
6. This Agreement constitutes the entire agreement between the Owner and the Town with
regard to the subject matter hereof and supersedes all prior agreements, understandings,
negotiations, and discussions, whether oral or written of the Town with the Owner.
Further Assurances
7. The Owner shall, on the request of the Town, execute and deliver or cause to be executed
and delivered, all such further transfers, agreements, documents, instruments, easements,
deeds and assurances, and do and perform or cause to be done and performed, all such acts
and things as may be, in the opinion of the Town, necessary to give full effect to the intent
of this Agreement.
No Town Representations
8. It is mutually understood, agreed and declared by and between the parties that the Town
has made no representations, covenants, warranties, guarantees, promises, or agreements
Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 11 of 27
(oral or otherwise), expressed or implied, with the Owner other than those expressly
contained in this Agreement.
Notices
9. All notices to be given under this Agreement must be in writing and may be delivered by
hand or mailed by first-class prepaid registered mail to the address for the party at the top
of this Agreement. Any notice delivered by hand is deemed to be given and received on the
day it is sent. Any notice mailed is deemed to be given and received on the fourth day after
it is posted (unless there is a mail strike, slow down or other labour dispute which might
affect delivery, in which case the notice will be effective only if actually delivered). Notices
must be addressed to the addresses on page 1 or to such other address as may from time to
time be advised by a party in writing. Notices to the Town must be addressed to the
attention of the "Corporate Officer".
Powers Preserved
10. Nothing contained in or implied by this Agreement prejudices or affects the rights and
powers of the Town in the exercise of its functions under any enactment or at common law,
all of which may be fully and effectively exercised in relation to the Improvement and the
Land.
Relationship
11. Nothing in this Agreement is to be interpreted as creating an agency, partnership or joint
venture between the Town and the Owner.
Time
12. Time is of the essence in this Agreement.
Remedies not Exclusive
13. No reference to or exercise of any specific right or remedy by the Town prejudices or
precludes the Town from any other remedy, whether allowed at law or in equity or
expressly provided for herein.
Headings
14. The headings appearing in this Agreement have been inserted for reference and as a matter
of convenience and in no way define, limit or enlarge the scope or meaning of this
Agreement or any provision of it.
Waiver
15. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver
in writing of the breach in respect of which the waiver is asserted. A waiver of a breach of
this Agreement does not operate as a waiver of any other breach of this Agreement.
Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 12 of 27
Interpretation
16. Wherever the singular or masculine or neuter is used in this Agreement, the same will be
construed as meaning the plural, the feminine or body corporate where the context or the
parties so require.
Severance
17. If any section, subsection, clause or phrase of this Agreement is held to be invalid for any
reason by a court of competent jurisdiction, the invalid portion shall be severed and the
decision that it is invalid shall not affect the validity of the remainder of the Agreement.
Enurement
18. This Agreement enures to the benefit of and is binding upon the parties and their respective
successors and in the case of the Owner, its permitted assigns.
Statutory References
19. A reference in this Agreement to a statute includes regulations made pursuant to it and
includes all amendments and replacements to them from time to time.
Modifications
20. No amendment or modification of any of the terms or provisions of this Agreement will be
of any force or effect unless the amendment or modification is in writing and duly executed
by the Town and the Owner.
Governing Law
21. This Agreement will be governed by and interpreted in accordance with the laws of British
Columbia.
Joint and Several Liability
22. In circumstances where two or more persons comprise the Owner, those persons shall be
jointly and severally liable for performance of the obligations of the Owner under this
Agreement.
Expense of Owner
23. The expense of performing the obligations and covenants of the Owner contained in this
Agreement, and of all matters incidental to them, is solely that of the Owner.
Owner's Representations and Warranties
24. The Owner represents and warrants to the Town that:
(1) If the Owner is a corporation, all necessary corporate actions and proceedings have
been taken by the Owner to authorize its entry into and performance of this
Agreement;
Revitalization Tax Exemption Bylaw 1328 – Schedule A Page 13 of 27
(2) If the Owner is a corporation, the Owner has the corporate capacity and authority to
enter into and perform this Agreement.
(3) Upon execution and delivery on behalf of the Owner, this Agreement constitutes a
valid and binding contractual obligation of the Owner;
(4) Neither the execution and delivery, nor the performance, of this Agreement shall
breach any other agreement or obligation, or cause the Owner to be in default of any
other agreement or obligation, respecting to the Land; and
As evidence of their agreement to be bound by the terms of this Agreement, the parties have
executed this Agreement on the dates written below.
DATED the __ day of ________, 20 __ )
)
Executed by the Town of Oliver )
by its authorized signatories: )
) seal
)
_____________________________ )
)
)
_____________________________ )
)
DATED the ___ day of ________, 20__ )
)
(insert corporate name) )
by its authorized signatory(ies): ) seal
)
)
)
)
Revitalization Tax Exemption Bylaw 1328 – Schedule B Page 14 of 27
Schedule B: Form of Exemption Certificate
This Tax Exemption Certificate is issued in accordance with:
A. Revitalization Tax Exemption Bylaw 1328 (the "Bylaw");
B. The Revitalization Tax Exemption Program (the "Program") established by the Bylaw; and
C. The Revitalization Tax Exemption Agreement dated for reference the ___ day of
_________________, 20____ (the "Agreement") entered into between the Town of Oliver
(the “Town”) and the:
[select one]: registered owner(s) registered leaseholder(s) (the “Owner”)
of those land(s) and improvements within the Town, legally described as:
Parcel Identifier: _____________________
Legal Description: ________________________________________________________
________________________________________________________________________
Property Tax Roll Number(s): _______________________________________________
Civic Address: ____________________________________________________________
(the “Land”)
Whereas the Owner has constructed on the Land certain improvements described below,
which qualify for a tax exemption under the Bylaw and under Section 226 of the Community
Charter:
[Identification of Eligible Improvements] ____________________________________________
______________________________________________________________________________
______________________________________________________________________________
Now therefore, this Certificate certifies that the Land is subject to a revitalization tax
exemption as follows:
[Years and values are illustrative only and are to be amended or deleted as applicable.]
The total term of Tax Exemption is ___ years, commencing in ______ and ending in _______.
Table 1: Improvement Value Assessment Exemption
Year Amount of Exemption
1 – 5 (2014-2018) Lesser of $1,000,000 or assessed improvement value
6 (2019) Lesser of $800,000 or assessed improvement value
7 (2020) Lesser of $600,000 or assessed improvement value
8 (2021) Lesser of $400,000 or assessed improvement value
9 (2022) Lesser of $200,000 or assessed improvement value
10 (2023) Lesser of $100,000 or assessed improvement value
Revitalization Tax Exemption Bylaw 1328 – Schedule B Page 15 of 27
Table 2: Land Value Assessment Exemption
Year Amount of Exemption
1 – 5 (2014-2018) 35% of assessed value of land only
6 (2019) 30% of assessed value of land only
7 (2020) 25% of assessed value of land only
8 (2021) 20% of assessed value of land only
9 (2022) 15% of assessed value of land only
10 (2023) 10% of assessed value of land only
Conditions of Tax Exemption
1. This Certificate is issued on the following conditions:
(1) Compliance with Bylaw – The Land must strictly meet and continue at all times to meet
the criteria within Revitalization Tax Exemption Bylaw 1328 (the “Bylaw”), including its
Schedules.
(2) No Change in Zoning – The Owner must not apply to the Town during the term of the
tax exemption to change the zoning of the Land to a category of use (residential /
commercial / industrial) other than the category of use for which the tax exemption was
granted.
(3) Ongoing Occupancy / Business Operations - The Eligible Improvement must be
continuously used for and only for a residential use or a commercial or an industrial
business operation, whichever is applicable, during the term of the tax exemption.
(4) Subdivision – The Owner must not have subdivided the Land or any building on the
Land, whether by conventional subdivision or in any other way, except for a strata
subdivision creating a Strata Unit or a Restricted Strata Unit or stratifying a commercial,
industrial or mixed-use building.
(5) Demolition / Destruction – If the Eligible Improvement is destroyed or demolished or
otherwise removed, the tax exemption for improvements under the Bylaw, and the tax
exemption for land (if applicable), shall cease until another Eligible Improvement has
been reconstructed on the Land within the term of the tax exemption; however, the
term of this Certificate will not be extended.
(6) Compliance with Laws and Covenants – The Owner must during the term of the tax
exemption use and occupy the Land in compliance with all enactments, regulations, and
orders of any authority having jurisdiction and, without limiting the generality of the
foregoing, all federal, provincial, or municipal laws, statutes, bylaws, licences, permits or
approvals, including all the rules, regulations, policies, guidelines, criteria or the like
made under any such laws and shall remain in compliance with all land use covenants
and land use agreements and charges registered against upon title of the Land.
(7) Business License – Where applicable, the Owner must at all times possess a valid
business licence issued by the Town in respect of the business carried on at the Land.
Revitalization Tax Exemption Bylaw 1328 – Schedule B Page 16 of 27
(8) Payment of Taxes - All property taxes, rates, fees, and other charges levied by the Town,
including penalties and interest, on the Land (minus taxes exempted under the Bylaw)
and on other land owned by the Owner within the Town must be paid during the term
of the tax exemption. For clarity, If taxes payable on the Land or on other land owned by
the Owner within the Town become in arrears, this Certificate shall be cancelled.
Strata Subdivision
2. Where the Eligible Improvement is a strata lot or is subdivided into a strata lot under the
Strata Property Act:
(1) the tax exemption for improvements under the Bylaw for each strata lot will be granted
such that the tax on improvements for that strata lot will be imposed on the assessed
value of the improvements minus the improvement value exemption shown in Table 1
apportioned in accordance with the unit entitlement of the strata lot, and
(2) [if applicable] the tax exemption for land under the Bylaw for each strata lot will be
granted such that the tax on land for that strata lot will be imposed on the assessed
value of the land minus the land value exemption shown in Table 2.
Cancellation of Certificate
3. This Certificate may be cancelled by the Council of Oliver:
(1) on the request of the Owner; or
(2) if any of the conditions in this Certificate are not met.
Partial Recapture of Exempted Taxes
4. If the Land ceases to meet all the conditions of this Certificate, then this Certificate shall be
cancelled and all tax exempted commencing in the calendar year in which the conditions
under this Certificate were not met shall be calculated by the Designated Officer and shall
become a debt immediately payable by the Owner at that time to the Town and must be
repaid by the Owner at that time. Interest shall be calculated on the outstanding amount,
from the date the conditions of this Certificate were not met, at the rate set by the Province
for arrears of taxes, compounded monthly and shall continue to accrue until the debt is paid
in full.
No Refund
5. For clarity, under no circumstances will the Owner be entitled under the Program to any
cash credit, carry forward tax exemption credit or any refund for any property taxes paid.
DATED the ___ day of _________ , 20 ___
Town of Oliver
by its authorized signatory:
__________________________________
Chief Financial Officer
Revitalization Tax Exemption Bylaw 1328 – Schedule C Page 17 of 27
Schedule C: Downtown Commercial Revitalization Zone
1. The Downtown Commercial Revitalization Zone is comprised of the shaded area, outlined in
dashed lines, illustrated below:
Revitalization Tax Exemption Bylaw 1328 – Schedule C Page 18 of 27
2. The specific objectives of the Downtown Commercial Revitalization Zone are:
(1) To encourage commercial development of existing vacant properties in the historic
downtown core area of Oliver;
(2) To encourage introduction of new commercial activities and new commercial buildings
and to sustain existing commercial activities by encouraging revitalization of existing
buildings in the downtown core area;
(3) To enhance the livability and vibrancy of the downtown area by encouraging
construction of new residential dwelling units above commercial developments in the
downtown core area;
(4) To enhance the aesthetic appearance of the downtown core area by encouraging
renovation to the facades and other exterior components of buildings in the area.
3. The following tax exemptions apply in the Downtown Commercial Revitalization Zone:
(1) New Construction and Expansion – For new commercial construction on
vacant lots and for expansion of existing commercial buildings, including
construction of residential dwelling units above the ground floor of a
commercial building, a tax exemption for improvements only will be granted
such that the tax on improvements will be imposed on the Assessed Value of
the improvements minus the Baseline Assessment of the improvements.
(2) Interior Renovations and Façade Improvements – For interior renovations or
facade improvements in excess of $100,000 Construction Value, a tax
exemption for improvements only will be granted such that the tax on
improvements will be imposed on the Assessed Value of the improvements
minus the Baseline Assessment of the improvements.
4. The above tax exemptions shall be provided for the following terms:
(1) For all qualifying construction under section 3(1) of this Schedule, the full tax
exemption shall be granted for 5 years, then reduced such that references to
Assessed Value are reduced to the following amounts:
(a) Year 6 – 80% of Assessed Value
(b) Year 7 – 60% of Assessed Value
(c) Year 8 – 40% of Assessed Value
(d) Year 9 – 20% of Assessed Value
(e) Year 10 – 10% of Assessed Value.
(2) For qualifying construction under subsection 3(2) of this schedule the tax exemption
shall be granted for 5 years only.
Amended by
Bylaw 1328.02
January 8, 2018
Amended by
Bylaw 1328.01
Sept. 22, 2014
Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 19 of 27
Schedule D: Core Area Residential Revitalization Zone
1. The Core Area Residential Revitalization Zone is comprised of the shaded area, outlined in
dashed lines, illustrated below:
Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 20 of 27
2. The specific objectives of the Core Area Residential Revitalization Zone are:
(1) To enhance the livability and vibrancy of the downtown area by encouraging
construction of new multi-family residential dwelling units in the downtown core area;
(2) To encourage realization of the medium to high-density residential designation of this
area in the Official Community Plan;
(3) To create a residential base within walking distance from the downtown commercial
area thus encouraging the evolution of a walkable downtown area in accordance with
smart growth principles; and
(4) To encourage creation of rental and co-op housing opportunities.
3. The following tax exemptions apply in the Core Area Residential Revitalization Zone:
(1) New Construction
(a) For construction of a new Eligible Housing Development that is an
Apartment Building or a Co-op containing not less than four
dwelling units and being not less than two stories high on an
existing land parcel, a tax exemption for improvements only will be
granted such that the tax on improvements will be imposed on the
Assessed Value of the improvements minus the Baseline
Assessment of the improvements.
(b) For construction of a new building containing not less than four
Strata Units or Restricted Strata Units and being not less than two
stories high on an existing parcel, a tax exemption for each Strata
Unit or the Restricted Strata Unit, as applicable, will be granted such
that the tax on improvements will be imposed on the Assessed
Value of the improvements minus the total Construction Value
apportioned in accordance with the unit entitlement of each Strata
Unit or Restricted Strata Unit, as applicable.”
(2) Assembly Parcels
(a) For construction of a new Eligible Housing Development that is an
Apartment Building or a Co-op containing not less than four dwelling
units and being not less than two stories high on land made up of former
lots that were assembled and/or consolidated for the purpose of the
development,
(i) a tax exemption for improvements only will be granted such that the
tax on improvements will be imposed on the Assessed Value of the
improvements minus the Baseline Assessment of the improvements;
and
Amended by
Bylaw 1328.01
Sept. 22, 2014
Amended by
Bylaw 1328.01
Sept. 22, 2014
Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 21 of 27
(ii) a tax exemption on the land will be granted such that the tax on land
will be imposed on the Assessed Value of the land minus 35% of the
Baseline Assessment of the land.
(b) For construction of a new building containing not less than four Strata
Units or Restricted Strata Units and being not less than two stories high
on land made up of former lots that were assembled and/or consolidated
for the purpose of the development,
(i) a tax exemption for the Strata Unit or the Restricted Strata Unit, as
applicable, will be granted such that the tax on improvements will be
imposed on the Assessed Value of the improvements minus the total
Construction Value apportioned in accordance with the unit
entitlement of the Strata Unit or Restricted Strata Unit, as applicable;
and
(ii) a tax exemption on the land of each Strata Unit or Restricted Strata
Unit, as applicable, will be granted such that the tax on land will be
imposed on the Assessed Value of the land minus 35% of the Baseline
Assessment of the land.
4. The above tax exemptions shall be provided for the following terms:
(1) For Strata Units, the above exemptions will be granted for 5 years only.
(2) For Restricted Strata Units and other Eligible Housing Developments, the
above exemptions will be granted for 5 years, then reduced such that
references to Assessed Value of improvements and to 35% of Assessed Value
of land are reduced to the following amounts:
(a) Year 6 – 80% of Assessed Value of improvements and 30% of Assessed
Value of land, where applicable
(b) Year 7 – 60% of Assessed Value of improvements and 25% of Assessed
Value of land, where applicable
(c) Year 8 – 40% of Assessed Value of improvements and 20% of Assessed
Value of land, where applicable
(d) Year 9 – 20% of Assessed Value of improvements and 15% of Assessed
Value of land, where applicable
(e) Year 10 – 10% of Assessed Value of improvements and 10% of Assessed
Value of land, where applicable
Amended by
Bylaw 1328.01
Sept. 22, 2014
Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 22 of 27
Schedule E: Industrial Revitalization Zone
1. The Industrial Revitalization Zone is comprised of the shaded area, outlined in dashed
lines, illustrated below:
Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 23 of 27
2. The specific objectives of the Industrial Revitalization Zone are:
(1) To create employment opportunities by encouraging industrial and commercial
development in the established industrial areas of Oliver;
(2) To encourage introduction of new industrial and commercial buildings and activities and
to sustain existing industrial and commercial activities by encouraging revitalization of
existing buildings in industrial zones.
3. Subject to section 5 and section 6 of this Schedule, the following tax exemptions
are provided in the Industrial Revitalization Zone:
(1) New Construction and Expansion – For new construction or
expansion of existing industrial and commercial buildings with a
Construction Value of $250,000 or more, a tax exemption for
improvements only will be granted such that the tax on
improvements will be imposed on the Assessed Value of the
improvements minus the Baseline Assessment of the improvements.
(2) Renovations – For renovations of existing industrial and commercial buildings
with a Construction Value of $250,000 or more, a tax exemption for
improvements only will be granted such that the tax on improvements will be
imposed on the Assessed Value of the improvements minus the Baseline
Assessment of the improvements.
4. The above tax exemptions shall be provided for the following terms:
(1) For qualifying construction under subsection 3(1) of this Schedule, the full
tax exemption shall be granted for 5 years, then reduced such that
references to Assessed Value are reduced to the following amounts:
(a) Year 6 – 80% of Assessed Value
(b) Year 7 – 60% of Assessed Value
(c) Year 8 – 40% of Assessed Value
(d) Year 9 – 20% of Assessed Value
(e) Year 10 – 10% of Assessed Value
(2) For qualifying construction under subsection 3(2) of this schedule the tax exemption
shall be granted for 5 years only.
5. Notwithstanding Section 3 of this Schedule, no tax exemption will be granted or continued
where the principal use of the Property is or becomes one or both of the following:
(1) Indoor or outdoor storage facilities; and
(2) Vehicle recycling facilities.
6. Notwithstanding anything else in the Bylaw or this Schedule, if the assessment class of the
Property for any reason ceases to be Class 4 – Major Industry, Class 5 – Light Industry or
Amended by
Bylaw 1328.01
Sept. 22, 2014
Amended by
Bylaw 1328.01
Sept. 22, 2014
Revitalization Tax Exemption Bylaw 1328 – Schedule E Page 24 of 27
Class 6 – Business and Other, the Property is not eligible for a tax exemption under this
Bylaw and any existing tax exemption under this Bylaw ceases at the time of the change in
assessment class.
Revitalization Tax Exemption Bylaw 1328 – Schedule F Page 25 of 27
Schedule F: Airport Revitalization Zone
1. The Airport Revitalization Zone is comprised of the Oliver Airport located in the shaded
area, and outlined in dashed lines, illustrated below:
Revitalization Tax Exemption Bylaw 1328 – Schedule F Page 26 of 27
2. The specific objectives of the Airport Revitalization Zone are:
(1) To create aviation-related employment opportunities by encouraging commercial and
industrial development on the Oliver Airport; and
(2) To enhance the financial viability of the Oliver Airport by fostering lease revenues from
new commercial and industrial developments on the airport.
3. Subject to section 5 of this Schedule, , the following tax exemptions are provided in the
Airport Revitalization Zone:
(1) New Construction – For new industrial or commercial construction
on vacant land, a tax exemption for improvements only will be
granted such that the tax on improvements will be imposed on the
Assessed Value of the improvements minus the Baseline Assessment
of the improvements.
(2) Expansion – For expansion of existing industrial and commercial
operations in excess of $250,000 Construction Value, a tax
exemption for improvements only will be granted such that the tax
on improvements will be imposed on the Assessed Value of the
improvements minus the Baseline Assessment of the improvements.
4. The above tax exemptions shall be granted for 5 years, then reduced such that
references to Assessed Value are reduced to the following amounts:
(a) Year 6 – 80% of Assessed Value
(b) Year 7 – 60% of Assessed Value
(c) Year 8 – 40% of Assessed Value
(d) Year 9 – 20% of Assessed Value
(e) Year 10 – 10% of Assessed Value
5. Notwithstanding Section 3 of this Schedule, no tax exemption will be granted or continued
where the principal use of the Property is or becomes general aviation hangars for storage
of non-commercial aircraft.
Amended by
Bylaw 1328.01
Sept. 22, 2014
Revitalization Tax Exemption Bylaw 1328 – Schedule F Page 27 of 27
Schedule G: Hotel Development Revitalization Zone
1. The Hotel Development Revitalization Zone is comprised of any parcel which is within a
land use zone that permits hotel use.
2. The specific objectives of the Hotel Development Revitalization Zone are:
(1) To encourage new hotel investment in the Town of Oliver;
(2) To promote a higher standard of overnight accommodations and enrich the visitor’s
experience while staying in the Town of Oliver; and
(3) To generally reinforce the Town’s commitment to the long term development of the
tourism industry in Oliver.
3. The following tax exemptions apply in the Hotel Development Revitalization Zone:
(1) New Construction and Expansion – for new Hotel construction on vacant lots and for
expansion of existing hotels, a tax exemption for improvements only will be granted
such that the tax on improvements will be imposed on the Assessed Value of the
improvements minus the Baseline Assessment of the improvements.
(2) Interior Renovations and Façade Improvements – For interior renovations or façade
improvements in excess of $100,000 Construction Value, a tax exemption for
improvements only will be granted such that the tax on improvements will be imposed
on the Assessed Value of the improvements minus the Baseline Assessment of the
improvements.
4. The above tax exemption shall be provided for the following terms:
(1) For construction of a new Hotel Development built under section 3(1) of this Schedule,
the tax exemption shall be granted for 10 years.
(2) For qualifying construction under subsection 3(2) of this schedule the tax exemption
shall be granted for 5 years only.
Amended by
Bylaw 1328.02
January 8, 2018