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Employer Health Tax Act

R.R.O. 1990, REGULATION 319

GENERAL

Consolidation Period: From December 6, 2016 to the e-Laws currency date.

Last amendment: 427/16.

Legislative History: 121/93, 816/94, 178/96, 19/97, 308/97, 450/99, 307/04, 223/06, 51/11, 427/16.

This is the English version of a bilingual regulation.

1. Revoked: O. Reg. 427/16, s. 1.

2. For the purposes of paragraph 1 of subsection 3 (1) of the Act, the prescribed times at which an employer is required to pay monthly instalments to the Minister for a year are February 15 of the year and the 15th day of each of the following 11 months.  O. Reg. 51/11, s. 2.

3. (1) The prescribed date on or before which the return for a year is required to be delivered under subsection 5 (1) of the Act with respect to the tax payable by a taxpayer as an employer is,

(a) in the case of a taxpayer who is an employer to whom clause 3 (2) (b) of the Act applies, the 15th day of the month following the month in which the employer paid the total Ontario remuneration for the year; and

(b) March 15 of the following year, in the case of a taxpayer who is an employer other than an employer to whom clause 3 (2) (b) of the Act applies.  O. Reg. 816/94, s. 3 (1).

Note:  Subsection (1) applies to returns for 1993 and subsequent years.  See:  O. Reg. 816/94, s. 7 (1).

(1.1) Revoked:  O. Reg. 51/11, s. 3.

(2) For purposes of subsection 5 (2) of the Act, an employer who ceases to have a permanent establishment in Ontario shall deliver the return for the year within forty days after the employer ceases to have the permanent establishment.  R.R.O. 1990, Reg. 319, s. 3 (2).

(3) Revoked:  O. Reg. 51/11, s. 3.

(4) If a trustee in bankruptcy is required under subsection 5 (7) of the Act to deliver a return for a taxpayer, the prescribed date on or before which the trustee is required to deliver the return is the date that is 40 days after the day the taxpayer became a bankrupt.  O. Reg. 19/97, s. 1.

4. Revoked:  O. Reg. 51/11, s. 4.

5. An employer is not required to pay tax on the total Ontario remuneration paid to employees who work outside of Canada for the period when the employees do no report for work at a permanent establishment of the employer if,

(a) the employees work outside of Canada for a continuous period of at least 183 days; and

(b) the employer is a registered charity as defined under section 149.1 of the Income Tax Act (Canada).  R.R.O. 1990, Reg. 319, s. 5.

6. (1) In this section,

“adjustment date” means January 1, April 1, July 1 or October 1; (“date de rajustement”)

“average prime rate”, on a particular date, means the mean, rounded to the nearest whole percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada.  O. Reg. 308/97, s. 1. (“taux préférentiel moyen”)

(2) For the purposes of the Act, the prescribed rates of interest shall be determined in accordance with the following rules:

1. A base rate of interest shall be determined for January 1, 1997 and for each adjustment date after January 1, 1997 and shall be equal to the average prime rate on,

i. October 15 of the previous year, if the adjustment date is January 1,

ii. January 15 of the same year, if the adjustment date is April 1,

iii. April 15 of the same year, if the adjustment date is July 1, and

iv. July 15 of the same year, if the adjustment date is October 1.

2. The base rate of interest in effect on a particular date shall be,

i. the base rate for the particular date, if the particular date is an adjustment date, and

ii. the base rate for the last adjustment date before the particular date, otherwise.

3. The prescribed rate of interest payable by a person under the Act in respect of a particular day shall be an annual interest rate that is three percentage points higher than the base rate of interest in effect on that day.

4. The prescribed rate of interest to be paid or allowed by the Minister to a person under the Act, in respect of a particular day before July 1, 2006, shall be an annual interest rate that is two percentage points lower than the base rate of interest in effect for that day.

4.1 The prescribed rate of interest to be paid or allowed by the Minister to a person under the Act, in respect of a particular day after June 30, 2006, shall be an annual interest rate that is three percentage points lower than the base rate of interest in effect for that day.

5. For interest that is calculated by reference to an excess amount (to be refunded or applied in accordance with the Act) attributable to a decision of the Minister or a court on an objection to, or an appeal from, an assessment for 1998 or a later year, the prescribed rate of interest to be paid or allowed by the Minister in respect of a particular day is the base rate of interest in effect for that day.  O. Reg. 308/97, s. 1; O. Reg. 450/99, s. 1; O. Reg. 223/06, s. 1.

7. Revoked:  O. Reg. 51/11, s. 4.

8. The Workplace Safety and Insurance Board is a prescribed board for the purposes of section 28 of the Act.  O. Reg. 816/94, s. 6; O. Reg. 51/11, s. 5.

 

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