Part 6 — Finance and Property Division 1 Finance
167 Payment into the Fund
establish one or more property tax rates expressed in mills.
(2) The property tax rates must be established under subsection (1)
in accordance with the following:
(a) there must be one property tax rate for the equalized
assessment of residential and farm land property referred to
in section 297(1) of the Municipal Government Act;
(b) there must be one property tax rate for the equalized
assessment of non-residential property referred to in section
297(1) of the Municipal Government Act;
(c) there must be one property tax rate for the equalized
assessment of machinery and equipment property referred to
in section 297(1) of the Municipal Government Act.
(3) Notwithstanding subsection (2), the property tax rates
established under subsection (1) may be varied by the Lieutenant
Governor in Council among towns or townsites in national parks.
(4) Each municipality shall pay annually into the Alberta School
Foundation Fund a sum equal to the amount that results from
applying the property tax rates established under subsection (1) in
accordance with the order that establishes them to the equalized
assessment of the municipality as established for the year under the
Municipal Government Act.
(5) A municipality that has passed a supplementary assessment
bylaw under the Municipal Government Act shall pay into the
Alberta School Foundation Fund the amount raised pursuant to the
requisition as a result of the supplementary taxes levied on that
portion of the assessment base of the municipality in respect of
which no payment is made under section 160(4).
(6) The amount referred to in subsection (5) must be paid into the
Alberta School Foundation Fund on or before February 28 in the
year subsequent to the year for which the supplementary tax is
levied.
(7) The amount paid into the Alberta School Foundation Fund
pursuant to subsection (5)
(a) must be used to offset an y under levy resulting from appeals
from equalized assessments under the Municipal
Government Act, and
(b) if there is an amount remaining after all offsets under cl ause
(a) are made, that amount must be used to lower the
province-wide requisition under this section in the
subsequent year.
(8) The Minister, or a person designated in writing by the Minister,
shall advise each municipality as soon as possible in each year of
the amount that the municipality is required to pay into the Alberta
School Foundation Fund.
(9) Each municipality shall pay into the Alberta School
Foundation Fund the amount calculated by applying the property
tax rates established under subsection (1).
(10) Notwithstanding anything in this Division, the Minister may
by order provide that the sum required to be paid into the Alberta
School Foundation Fund by a municipality pursuant to subsection
(4) be paid, in whole or in part, directly to one or more boards of
school divisions situated in whole or in part within the
municipality, and any sum paid under this section is deemed to be a
payment into the Alberta School Foundation Fund.
(11) Notwithstanding anything in this Division, the Minister may
by order suspend or defer in whole or in part the payment of any
sum required to be paid under subsection (4) for the period of time
and on the terms and conditions that the Minister prescribes.
(12) Notwithstanding anything in this section, that portion of the
assessment base of a municipality that is assessable for separate
school purposes pursuant to section 160(2)(b) is not to be included
in the equalized assessment referred to in subsection (4).
(13) If it is determined on appeal under the Municipal Government
Act that a municipality has paid an amount into the Alberta School
Foundation Fund in excess of the sum that it is required to pay
under subsection (4), the Minister may order the repayment of the
excess to the municipality from the Alberta School Foundation
Fund.