MHHS · Municipal Government Act
Part 10 — Taxation Division 1 General Provisions
364.2 Tax incentives for property
(a) "deferral" means a deferral under this section;
(b) "exemption" means an exemption under this section.
(c) repealed 2019 c21 s2.
(1.1) A council may, by bylaw, for the purpose of encouraging
residential development and the provision of housing in an
assessment class specified in section 297(1)(a) for the general
benefit of the municipality, provide for
(a) full or partial exemptions from taxation under this Division
for property in that assessment class, or
RSA 2000
Section 364.2 MUNICIPAL GOVERNMENT ACT Chapter M-26
264
(b) deferrals of the collection of tax under this Division on
property referred to in clause (a).
(2) A council may, by bylaw, for the purpose of encouraging the
development or revitalization of properties in an assessment class
specified in section 297(1)(b) or (d) for the general benefit of the
municipality, provide for
(a) full or partial exemptions from taxation under this Division
for property in one or both of those assessment classes, or
(b) deferrals of the collection of tax under this Division on
property referred to in clause (a).
(3) A bylaw under subsection (1.1) or (2)
(a) must set criteria to be met for property to qualify for an
exemption or deferral,
(b) must establish a process for the submission and
consideration of applications for an exemption or deferral,
(c) must not provide for an exe mption or deferral to have effect
in respect of a property for more than 15 consecutive
taxation years, but may, if the council considers it
appropriate, provide for subsequent exemptions or deferrals
of 15 consecutive taxation years or less to be applied for and
granted in respect of the property, and
(d) if the bylaw provides for any person other than the council,
including a designated officer, to refuse to grant an
exemption or deferral or to cancel an exemption or deferral,
must establish a process for applications to the council for
the review of those decisions and must specify the period of
time within which the application must be made.
(4) If after reviewing an application the municipality determines
that the property meets the requirements for a full or partial
exemption or for a deferral, the municipality may grant the
exemption or deferral.
(5) An exemption or deferral must be granted in a written form
that specifies
(a) the taxation years to which the exemption or deferral
applies, which must not include any taxation year earlier
than the taxation year in which the exemption or deferral is
granted,
RSA 2000
(b) in the case of a partial exemption, the extent of the
exemption, and
(c) any condition the breach of which will result in cancellation
under subsection (6) and the taxation year or years to which
the condition applies.
(6) If at any time after an exemption or deferral is granted under a
bylaw under this section the municipality determines that the
property did not meet or has ceased to meet a criterion referred to
in subsection (3)(a) or that a condition referred to in subsection
(5)(c) has been breached, the municipality may cancel the
exemption or deferral for the taxation year or years in which the
criterion was not met or to which the condition applies.
(7) Where a municipality refuses to grant or cancels an exemption
or deferral, the municipality must send a written notice to the
applicant stating the reasons for the refusal or cancellation and, if a
review of the decision is available under subsection (3)(d), the date
by which any application for that review must be made.
(8) Where a municipality grants or cancels an exemption or
deferral in respect of designated industrial property, the
municipality must notify the provincial assessor and provide any
other information requested by the provincial assessor respecting
the exemption, deferral or cancellation.
(9) Subject to subsection (6), any order referred to in section
127(1.1) and the criteria and conditions on which an exemption or
deferral was granted, the exemption or deferral remains valid
regardless of whether the bylaw under which it was granted is
subsequently amended or repealed or otherwise ceases to have
effect.
2019 c6 s7;2019 c21 s2;2024 c11 s2(26)