ARCHIVED — Regulations Amending Schedules I and III to the Payments in Lieu of Taxes Act

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Vol. 144, No. 13 — June 23, 2010

Registration

SOR/2010-129 June 10, 2010

PAYMENTS IN LIEU OF TAXES ACT

P.C. 2010-734 June 10, 2010

Whereas, pursuant to subsection 9(2) of the Payments in Lieu of Taxes Act (see footnote a), a copy of the proposed Regulations Amending Schedules I and III to the Payments in Lieu of Taxes Act, in the annexed form, was published in the Canada Gazette, Part I, on September 12, 2009 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Public Works and Government Services with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Works and Government Services, pursuant to paragraphs 9(1)(a) (see footnote b) and (h) of the Payments in Lieu of Taxes Act (see footnote c), hereby makes the annexed Regulations Amending Schedules I and III to the Payments in Lieu of Taxes Act.

REGULATIONS AMENDING SCHEDULES I AND III TO
THE PAYMENTS IN LIEU OF TAXES ACT

AMENDMENTS

1. Schedule I to the Payments in Lieu of Taxes Act (see footnote 1) is amended by deleting the following:

Queens Quay West Land Corporation, with respect to real property owned by Her Majesty in right of Canada, the administration and control of which is held by the Corporation, whether title to the said real property is vested in the name of Her Majesty or in the name of the Corporation.

2. Schedule III to the Act is amended by deleting the following:

Queens Quay West Land Corporation
Queens Quay West Land Corporation

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Minister of Transport, Infrastructure and Communities has requested that the Queens Quay West Land Corporation be deleted from schedules I and III of the Payments in Lieu of Taxes Act.

The Queens Quay West Land Corporation was originally established in 1936 under the Ontario Companies Act. It was responsible for supporting the federal commitment to cities and communities through activities such as redeveloping surplus federal lands to meet community needs, providing green space in urban areas, and supporting recreational and cultural activities.

In 2003–2004 the new position of Minister of State (Infrastructure) was created and given responsibility for five Crown corporations, including the Queens Quay West Land Corporation. The responsibility for the latter was transferred to the Minister of Transport, Infrastructure and Communities in February 2006.

Although the mandate of the Queens Quay West Land Corporation was to dispose of all remaining properties and dissolve, this was not possible because the Queens Quay West Land Corporation had been used as a conduit for the provision of operational funding to Harbourfront Centre by the federal government. The Auditor General criticized the use of this corporation to fund Harbourfront Centre.

On August 15, 2005, the Governor in Council, on the recommendation of the Treasury Board, authorized the payment to Harbourfront Centre of the last installment of the federal operating subsidy through the Queens Quay West Land Corporation. The Queens Quay West Land Corporation was directed to dissolve by March 31, 2006.

The Queens Quay West Land Corporation was dissolved on June 30, 2006, by Certificate of Dissolution under the Canada Business Corporations Act.

Under section 9 of the Payments in Lieu of Taxes Act, the Governor in Council may make regulations for carrying out the purposes and provisions of the Act and adding to or deleting from schedules I and III any corporation established by or under an Act of Parliament or performing a function on behalf of the Government of Canada.

The amendment would remove the Queens Quay West Land Corporation from any application under the Payments in Lieu of Taxes Act.

Alternatives

No alternative is available.

Consultation

This amendment is proposed in consultation with the Minister of Transport, Infrastructure and Communities.

These Regulations were pre-published in the Canada Gazette, Part I, on September 12, 2009, followed by a 30-day comment period. No comments were received.

Contact

Colin Boutin
National Manager
Policy and Strategic initiatives
Valuation and Payments in lieu of Taxes (PILT) Programs
Public Works and Government Services Canada
191 Promenade du Portage, 6th Floor, Room 3
Gatineau, Québec
K1A 0S5
Telephone: 819-956-7435

Footnote a
R.S., c. M-13; S.C. 2000, c. 8, s. 2

Footnote b
S.C. 2000, c. 8, ss. 10(1)

Footnote c
R.S., c. M-13; S.C. 2000, c. 8, s. 2

Footnote 1
R.S., c. M-13; S.C. 2000, c. 8, s. 2