B.C. Reg. 426/2003
O.C. 1111/2003
Deposited November 28, 2003
effective January 1, 2004

Community Charter

Municipal Tax Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 336/2008, November 28, 2008]

Contents
1Interest on overpayment of municipal taxes
2Interest on refund of municipal tax sale money
3Penalty for unpaid taxes
4Property taxes for other bodies

Interest on overpayment of municipal taxes

1  (1) The following rules apply to interest payable under section 239 [interest on overpayment of taxes] of the Community Charter:

(a) the interest is payable from the later of

(i)   September 1 of the year in which the taxes are due, and

(ii)   if the tax payment is made after July 2 of the year in which the taxes are due, the 61st day after the payment is made;

(b) the interest rate, during each successive 3 month period beginning on April 1, July 1, October 1 and January 1 in every year, is 2% below the prime lending rate of the principal banker to the Province on the 15th day of the month immediately preceding that 3 month period;

(c) the interest is to be compounded monthly and calculated on the number of days since

(i)   the last compounding of interest, or

(ii)   if no previous compounding has occurred, the interest commencement date;

(d) interest stops running on the day

(i)   an instrument capable of effecting payment of the money owed is delivered or mailed to the person to whom it is owed, or

(ii)   payment is made.

(2) Subsection (1) does not operate to require the payment of an amount of interest less than $5.

Interest on refund of municipal tax sale money

2  (1) The following rules apply to interest payable under section 411 (3) [refund if government refuses tax sale purchaser] or 423 (2) (a) [refund if court sets aside tax sale] of the Local Government Act:

(a) the interest rate, for each successive 3 month period beginning on January 1, April 1, July 1 and October 1 in every year, is 2% below the prime lending rate of the principal banker to the Province on the 15th day of the month immediately preceding that 3 month period;

(b) the interest is to be compounded monthly;

(c) interest stops running on the day

(i)   an instrument capable of effecting payment of the money owed is delivered or mailed to the person to whom it is owed, or

(ii)   payment is made.

(2) Subsection (1) does not operate to require the payment of an amount of interest less than $5.

Penalty for unpaid taxes

3  If all or part of the property taxes referred to in section 234 (1) [taxes collected under general tax collection scheme] of the Community Charter for a parcel of land and its improvements on the assessment roll remain unpaid after July 2 of the year those taxes are levied,

(a) the collector must add to the unpaid property taxes for the parcel and improvements for the current year a penalty equal to 10% of the portion that remains unpaid, and

(b) the penalty referred to in paragraph (a) is due as part of the property taxes for the current year for the parcel and improvements.

Property taxes for other bodies

4  If a property value tax is imposed under section 197 (1) (b) [property taxes for other bodies] of the Community Charter on the basis of

(a) the net taxable value of land and improvements,

(b) the net taxable value of land, or

(c) the net taxable value of improvements,

unless otherwise expressly provided, the relationships between tax rates, expressed as ratios of the rate on each property class to the rate on Class 1, must be as set out in the following Schedule:

SCHEDULE
Class of Property   Ratio to Class 1 Rate
1   1.0 : 1
2   3.5 : 1
3   1.0 : 1
4   3.4 : 1
5   3.4 : 1
6   2.45 : 1
7   3.0 : 1
8   1.0 : 1
9   1.0 : 1

[en. B.C. Reg. 336/2008.]

Note: this regulation repeals B.C. Reg. 62/84.

[Provisions of the Community Charter, S.B.C. 2003, c. 26, relevant to the enactment of this regulation: sections 199, 234 (2) and 239 (2)]