Real Property Tax Act Regulations

c t REAL PROPERTY TAX ACT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to June 29, 2024. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Real Property Tax Act Regulations Section 1 c REAL PROPERTY TAX ACT Chapter R-5 REGULATIONS Made by the Lieutenant Governor in Council under the Real Property Tax Act R.S.P.E.I. 1988, Cap. R-5 1. Definitions In these regulations (a) “Act” means the Real Property Tax Act R.S.P.E.I. 1988, Cap. R-5; (b) “assessment” means a valuation of property in dollars established pursuant to the provisions of the Real Property Assessment Act R.S.P.E.I. 1988, Cap. R-4; (b.1) “list” means a list or electronic file of all properties in a municipality and such list shall contain all of the information described in subsection 2(1) in relation to those properties and the number of the municipality; (c) “Minister” revoked by EC419/10; (c.1) “notice of taxation” means a notice of taxation given pursuant to section 12 of the Act; (d) “parcel number” means the account number assigned to a parcel of land by the Minister to identify it and distinguish it from any other parcel of land in the province, also known as property account number; (e) “taxation year” means the calendar year in respect of which tax is levied pursuant to the Act. (EC512/72; 119/84; 484/86; 639/93; 752/06; 296/08; 419/10) 2. Contents of tax roll (1) The tax roll is a list or electronic file which shall show (a) the taxation year to which the levy applies; (b) the parcel number assigned to the property; (c) the acreage, location, and civic address of the property; (d) the name and mailing address of each person in whose name tax is levied; (e) revoked by EC752/06; (f) the assessed value or values on which tax may be levied on the property; (g) the rates of tax levied on the property; (h) the total amount of tax payable on the property for the year exclusive of arrears; c t Current to: June 29, 2024 Page 3 Section 3 Real Property Tax Act Regulations (i) the mobile home identifier (MHI) number; (j) the tax exemption code; (k) the township lot number; (l) the farm qualification code; (m) the municipal code number; (n) the percentage of the property located within the municipality; (o) the date which the current assessment is effective; (p) the date of ownership of the property; and (q) the original parcel number of the property. Exempted property (2) Property exempted from tax under the provisions of section 3 of the Act shall be listed on the tax roll but shall be clearly identified thereon as exempt. Inspection of tax roll (3) The tax roll shall be open at specified times to public inspection under supervision at the office of the Provincial Tax Commissioner in Charlottetown. (EC512/72; 752/06) 3. List supplied to municipality (1) On or before March 31 each year, the Minister shall forward to each municipality a list of all real property, situate, lying and being within the boundaries of the municipality. (2) Revoked by EC752/06. Exempted property (3) Property exempted from tax under the provisions of section 3 of the Act shall be clearly identified as exempt on any list forwarded to a municipality pursuant to the provisions of subsection (1). Assessment list sufficient (4) If the information shown thereon includes all the information prescribed by subsections (2) and (3), an assessment list provided to a municipality annually pursuant to the Real Property Assessment Act shall be deemed sufficient to meet the requirements of this section. (EC512/72; 1219/74; 752/06) 4. Notice of taxation (1) On or before the fifth business day in May of each year the Minister shall mail a notice of taxation for the current taxation year to every person in whose name a tax is levied pursuant to the Act. Special provision for 1993 tax year (1.1) Notwithstanding subsection (1), for the 1993 tax year revised notices shall be sent before September 1, 1993, to every person in whose name a tax is levied pursuant to the Act and who receives a tax credit. Special provision for 2020 tax year -notice of taxation (1.2) Notwithstanding subsection (1), the Minister shall mail a notice of taxation for the 2020 tax year on or before the fifth business day in June, 2020, to every person in whose name a tax is levied pursuant to the Act. Page 4 Current to: June 29, 2024 t c Real Property Tax Act Regulations Section 4 Form of notice (2) The notice of taxation for the purpose of this section shall have imprinted thereon (a) the parcel number assigned to the property on which the tax is levied; (b) the location and description of the property; (c) the assessment or assessments made on such property pursuant to the Real Property Assessment Act, and on which tax is levied; (d) the rate or rates of tax imposed on the property pursuant to sections 4 and 8 of the Act; (e) revoked by EC255/87; (f) the arrears of tax payable on the property pursuant to the Act and the accumulated interest and penalties added thereto as at March 31 immediately prior to the forwarding of the tax notice; (g) the total of all taxes, penalties and interest due and payable; (h) the amount of each installment payment demanded and the date on which such payments are due; (i) revoked by EC255/87; (j) the date on which the notice was mailed. Where information contained in assessment notice (3) The provisions of clauses (2)(a), (b) and (c) shall be satisfied and the information therein required shall not be imprinted on such notice of taxation, where (a) the parcel number assigned to the property; (b) the location and description of the property; and (c) the assessment or assessments made on such property pursuant to the Real Property Assessment Act are imprinted on a notice of assessment mailed by the Minister pursuant to the Real Property Assessment Act, and where such notice of assessment and notice of taxation form part of the same document. Idem (4) The information referred to in clauses (3)(a), (b) and (c) imprinted on the notice of assessment shall be deemed to form part of the notice of taxation. Copy of notice (5) In the case where a person other than the person in whose name a tax is levied has been designated by the person assessed as the person responsible to pay the tax levied in respect of a property, the Minister shall forward a duplicate of the notice of taxation forwarded under subsection (1) to the person in whose name the tax is levied to the person designated as the person responsible for the payment of the tax levied on the property. Copy for information only (6) In all cases described in subsection (5) the notice forwarded to the person in whose name a tax is levied shall be inscribed with the words “For Information Only”. (EC512/72; 255/87; 204/92; 282/93; 296/08; 427/16; 249/20) c t Current to: June 29, 2024 Page 5 Section 5 Real Property Tax Act Regulations 5. Special tax on improvements (1) A special real property tax levied under clause 12(5)(a) of the Act shall be levied in a taxation year on the assessed value of all improvements to real property in excess of $2,500 when such improvements to that extent are completed between January 1 and November 1 of that year. Tax rate (2) When a special real property tax is levied pursuant to the Act, it shall be levied at the same rate as the rate levied pursuant to the Act for the taxation year in which the improvements were made. Notice (3) The Minister shall forward a notice of such additional tax payable to the person in whose name the tax was levied within seven days of the date on which the special real property tax is noted on the tax roll. Form of notice (4) The notice referred to in subsection (3) shall be in the same form and shall provide information similar to that prescribed by section 4. (EC512/72; 1219/74; 255/87) 6. Special municipal tax (1) A special municipal real property tax levied under subsection 12(9) of the Act shall be levied on the assessed value of all improvements to real property valued in excess of two thousand five hundred dollars when such improvements are completed to that extent between January 1 and November 1 in a taxation year. Tax rate (2) When a special municipal real property tax shall be levied pursuant to the Act, it shall be levied at the same rate as the rate levied pursuant to the Act for the taxation year in which the improvements were made. Notice (3) The Minister shall forward a notice of such additional tax payable to the person in whose name the tax was levied within seven days of the date on which the special municipal real property tax is noted on the tax roll. Form of notice (4) The notice referred to in subsection (3) shall be in the same form and shall provide information similar to that prescribed in section 4. (EC512/72; 255/87) 7. Correction of errors and omissions (1) For the purposes of section 13 of the Act, a correction of an error or omission in the tax roll for a taxation year shall be made effective January 1 of the taxation year in which the error or omission is discovered and, where the correction would result in a corrected amount of property taxes that is less the property taxes that were levied against the property for either or both of the two taxation years immediately preceding the taxation year in which the error or omission was discovered, the correction shall also be made to the tax roll for one or both of those taxations years, as applicable, effective January 1 of the taxation year. Page 6 Current to: June 29, 2024 t c Real Property Tax Act Regulations Section 8 Notice (2) The amended notice of taxation referred to in section 13 of the Act shall be in the same form and shall show information similar to that required under section 4 and shall have inscribed thereon the word “Amended”. (EC512/72; 482/99; 296/08; 427/16) 8. When taxes payable (1) Taxes levied pursuant to the Act shall be due and payable as follows: (a) one-third the total amount on the thirty-first day of May; (b) one-third the total amount on the thirty-first day of August; (c) one-third the total amount on the thirtieth day of November. Remainders resulting from the division of payments shall be added to the initial installment demanded and shall be payable as part of that installment. Special provision for 2020 tax year -when payments due (1.1) Notwithstanding subsection (1), in respect of the 2020 tax year, taxes levied pursuant to the Act are due and payable on December 31, 2020. When taxes overdue (2) All taxes levied by the Minister or municipality pursuant to the Act shall be overdue if unpaid on the date specified in subsection (1) or (1.1), as the case may be. Special provision for 2020 tax year - when taxes overdue (2.1) Notwithstanding subsection (2), all taxes levied by the Minister or a municipality for the 2020 tax year pursuant to the Act are overdue if unpaid on the date specified in subsection (1.1). Special provision for 2020 tax year - arrears of taxes (2.2) All taxes and interest for tax years prior to 2020 that are unpaid as of April 30, 2020, are overdue if unpaid on the date specified in subsection (1.1). (EC117/73; 296/08; 249/20) 8.1 Prescribed maximum amount For the purposes of subsections 14(2), (7) and (10) of the Act, the prescribed maximum amount of annual household income is $42,000. (EC257/09; 654/24) 9. Interest rate - unpaid taxes (1) Subject to subsection (1.1), all taxes levied pursuant to the Act that are unpaid or partly unpaid when due shall bear interest at the rate of 1% per month on the unpaid amount until paid. Interest rate - deferred taxes (1.1) Deferred taxes referred to in subsection 14(9) of the Act shall bear interest at the rate of 0% per month. Date when interest charge commences (2) Interest charges shall be calculated at the rate provided under subsection (1) from the date on which the tax or any portion thereof is due as provided by the Act and these regulations. c t Current to: June 29, 2024 Page 7 Section 10 Real Property Tax Act Regulations Calculation of interest (3) Interest charges on unpaid taxes shall be calculated on the balance of tax overdue at the end of each month, and when calculated, the interest charges shall be added to the tax account of the person in whose name the tax was levied. Interest to be shown on tax notice (4) All initial interest charges and additional interest charges shall be shown on any tax notice, tax reminder, or tax statement forwarded subsequent to calculation to any person in respect of the property in respect of which the interest charges have been made. (EC512/72; 117/73; 476/75; 640/78; 1028/81; 585/83; 255/87; 189/88; 550/21) 10. Payment (1) Payment of tax shall be made at the Provincial Tax Office or at such other local business offices as may be authorized to receive such payment by the Minister. Receipts (2) Upon request, official receipts for each and every payment of tax shall be forwarded to the person in whose name the tax was levied or to such other person as the assessed person shall designate to pay the tax. Interim receipts (3) Interim receipts shall be issued in respect of each payment by the agent at whose office the payment is made. (EC512/72; 784/89) 11. Notice of liability for sale for arrears of tax Where the taxes levied pursuant to the Act are overdue and unpaid, the Minister shall mail, within 24 calendar months from the date on which the taxes became overdue and unpaid, to the person in whose name the tax is levied or to the persons directed pursuant to subsection 11(3) of the Act, a notice stating that the real property in respect of which the tax was levied is liable to be sold. (EC1042/78) 12. Form of notice The notice prescribed by section 11 shall be in such form as is set forth in Schedule A as Form C, and there shall be imprinted thereon (a) the parcel number assigned to the property; (b) the location and description of the property taxed; (c) the amount of tax, interest and penalty charges unpaid; (d) the taxation years for which the taxes have accrued; (e) the total tax arrears and interest as at the end of the calendar month immediately prior to date of the notice. (EC1042/78) 13. Notice of sale (1) If the tax referred to in section 12 and any additional taxes levied subsequent to the date of mailing of the notice in section 12 or any portion thereof remain overdue and unpaid twelve months from the date of the notice referred to in section 12, the Minister shall within sixty days mail to the person in whose name the tax is levied pursuant to the Act or to the persons Page 8 Current to: June 29, 2024 t c Real Property Tax Act Regulations Section 14 directed pursuant to subsection 11(3) of the Act, a notice stating that the property in respect of which the tax has been levied shall be sold. Form of notice (2) The notice prescribed by subsection (1) shall be in such form as is set forth in Schedule A as Form D and these shall be imprinted thereon (a) the parcel number assigned to the property; (b) the location and description of the property; (c) the amount of tax, interest and penalty charges unpaid; (d) the taxation years for which the taxes have accrued; (e) the total tax arrears and interest as at the end of the month immediately prior to the date of the notice. (EC130/75) 14. Advertising for sale (1) Where the tax referred to in section 13 and any additional taxes levied subsequent to the date of mailing of the notice in section 13 or any portion thereof remain overdue and unpaid on the eighth day following the date on which the notice prescribed by section 13 is mailed, the property on which the tax was levied shall be advertised for sale. Form of notice (2) The notice prescribed by subsection (1) shall be in such form as is set forth in Schedule A as Form E and there shall be imprinted thereon (a) the name of the person in whose name the tax was levied; (b) the location of the real property offered for sale; (c) the parcel number assigned to the property; (d) the date, time and site at which the sale will be held; (e) the cause of the sale. Signature of Minister (3) The notice of tax sale shall be dated and shall bear the signature of the Minister. (EC512/72; 130/75) 14.1 Ownership deed and certificate form The form of the deed and certificate of ownership referred to in subsection 15(1) of the Act shall be as set out in Forms H and I of Schedule A. (EC678/80) 15. Adjustment of tax (1) Where a tax levied pursuant to the Act for a taxation year has been prepaid by the person in whose name a tax was levied and the property in respect of which the tax was levied is damaged or destroyed, on the receipt of satisfactory evidence the Minister shall adjust the tax due for the portion of the calendar year unexpired at the date on which the damage or destruction occurred and shall rebate to the person in whose name the tax was levied from the amount of tax prepaid an amount equal to the ratio between the unexpired portion of the calendar year and the calendar year. c t Current to: June 29, 2024 Page 9 Section 16 Real Property Tax Act Regulations Application for rebate (2) All applications for rebate of property tax must be forwarded to the Minister within thirty days of the date on which the property destruction or damage occurred and be completed on a form approved by the Minister and shall be supported by such evidence of damage or destruction as the Minister shall require. Damage to exceed one thousand dollars (3) Notwithstanding subsection (1), the Minister shall not make an adjustment of tax due and payable and make a rebate of prepaid tax unless the value of the property damage or destruction is in excess of one thousand dollars. (EC512/72) 16. Payment of taxes to municipalities (1) The Minister shall pay, within a year, to a municipality the amount prescribed under section 22 of the Act, to be disbursed to the municipality in respect of the taxes it has levied for that year by the last day of each calendar month, one-twelfth of the taxes levied for that year. Payment of waste management fees (2) The Minister shall pay, within a year, to the Island Waste Management Corporation the amount prescribed under section 22 of the Act, to be disbursed to the Island Waste Management Corporation in respect of the waste management fees it has levied for that year, by the last day of each calendar month, one-twelfth of the waste management fees levied for that year. (EC512/72; 90/89; EC351/04; 419/10) 17. Payment of deferred taxes Revoked by EC255/87. 18. Application of tax payments Payments of tax received pursuant to any tax notice forwarded under the provisions of the Act and in accordance with these regulations shall be applied in the following order: (a) against interest due on unpaid taxes levied by a municipality on real property prior to the thirtieth day of June, 1972; (b) against the principal amount of unpaid taxes levied by a municipality on real property prior to the thirtieth day of June, 1972; (c) revoked by EC427/16; (d) revoked by EC427/16; (e) against interest due on unpaid tax levied by the province in a prior year pursuant to sections 4 and 8 of the Act; (f) against the principal amount of unpaid taxes levied by the province in a prior year pursuant to sections 4 and 8 of the Act; (g) against the principal amount of taxes levied by the province for the current taxation year pursuant to sections 4 and 7 of the Act. (EC512/72; 419/10; 427/16) 19. Commissioner to act for Minister Unless specified otherwise in the Act or these regulations, the Provincial Tax Commissioner shall act for the Minister in all matters relating to the administration and implementation of the Act and these regulations. (EC512/72) Page 10 Current to: June 29, 2024 t c Real Property Tax Act Regulations Section 20 20. Remuneration Revoked by EC639/93. 21. Notice of appeal Revoked by EC639/93. 22. Return of overpaid tax (1) Where as a result of an appeal, the Appeals board orders a reduction in tax, the Minister shall return to the person in whose name the tax was levied all or any portion of the resultant excess tax which may have been paid in respect of the property on which the appeal was filed together with interest calculated at the rate of twelve per cent per annum. Interest (2) Interest required to be paid under the provisions of subsection (1) shall be calculated from the date on which such excess payments were received to the date on which the repayment is authorized by the Minister inclusive of both dates. (EC512/72; 1028/81) 23. Procedure Revoked by EC639/93. 24. Tax credit, eligibility (1) For the purpose of section 5 of the Act (a) a person shall be deemed to be a resident person if he resides in the province for 183 consecutive days or more each taxation year; (b) a corporation shall be deemed to be a resident corporation if 50% or more of the voting shares of the corporation are held by persons who qualify as residents under clause (a); (c) joint tenants and tenants in common shall be entitled to the credit if half or more of the tenants qualify as residents under clause (a); (d) a person who is a full-time student in attendance at an approved post-secondary educational institution located outside of the province and whose ordinary residence is in the province shall be deemed to be a resident person. Idem (2) No person or corporation shall be entitled to the credit referred to unless the property is (a) assessed in the name of that person or corporation pursuant to section 10 of the Real Property Assessment Act; or (b) vested in a resident person or resident corporation by a registered document as a life interest. (EC255/87; 189/88) 24.1 Tax credit, residential property (1) Where a person is eligible under section 5.1 of the Act to receive a tax credit in respect of a residential property for a calendar year, the amount of the tax credit is the amount determined by the formula [A - B] x [(C/D) x ((1.50 - E)/100)] c t Current to: June 29, 2024 Page 11 Section 24 Real Property Tax Act Regulations where A is the assessed value of the residential property as of December 31, 2007; B is the sum of (a) the value obtained by adjusting the assessed value of the residential property as of December 31, 2002 with the annual percentage increase in the All-Items Consumer Price Index for Prince Edward Island for the calendar year 2002 and for every subsequent calendar year up to and including the calendar year 2006; and (b) the value obtained by adjusting the assessed value of any improvements made to the residential property after December 31, 2002 with the percentage increase in the All-Items Consumer Price Index for Prince Edward Island for every calendar year after the calendar year in which the improvement was made up to and including the calendar year 2006; C is the number of days during the calendar year for which the credit is calculated that the residential property was owned by the person; D is the number of days in the calendar year for which the credit is calculated; and E is the amount of the tax credit per $100 of assessment that the person was eligible to receive under section 5 at December 31, 2007, in respect of the residential property. Tax credit, residential property, City of Charlottetown (2) Revoked by EC354/15. (EC205/04; 335/05; 379/08; 419/10; 354/15) 24.2 Tax credit, sloped land, buffer zones (1) The amount of the tax credit that a person may receive under section 5.2 or 5.3 of the Act is (a) $1.50 per acre for property receiving farm assessment; or (b) $5.00 per acre for property receiving farm use assessment. Idem (2) A person not eligible to receive a tax credit for a calendar year under section 5.2 or 5.3 of the Act unless the person (a) has completed an environmental farm plan that includes all of the agricultural land owned by the person; and (b) has completed, and submitted to the Department of Agriculture a statement, in a form approved by the Minister, in which the person certifies that he or she has complied with the following: (i) the Environmental Protection Act Watercourse and Wetland Protection Regulations, (ii) the provisions of the Fisheries Act (Canada) that pertain to livestock access, (iii) the Guidelines for Manure Management for Prince Edward Island published in 1999 by the Department of Agriculture, Fisheries, Aquaculture and Forestry and the Department of Technology and Environment. Environmentally friendly farm buildings or structures (3) A person is not eligible to receive a tax credit for a calendar year under section 5.4 of the Act in respect of an environmentally friendly farm building or structure unless the person (a) has complied with the requirements of subsection (2); and (b) is eligible for funding, in respect of the building or structure, under the Sustainable Resource Conservation Program of the Department of Agriculture. Page 12 Current to: June 29, 2024 t c Real Property Tax Act Regulations Section 24 “environmental farm plan”, defined (4) In this section, an “environmental farm plan” means an environmental farm plan as defined in the Agricultural Crop Rotation Act General Regulations. Tax credit, environmentally friendly farm buildings (5) For the purpose of section 5.4 of the Act and these regulations, the following are prescribed as environmentally friendly farm buildings or structures: (a) manure storage lagoons and pits and their covers; (b) pesticide storage buildings; (c) pesticide mixing and filling areas, including spill containment areas; (d) petroleum storage tanks, dispensers and containment areas; (e) milk house waste management systems, including septic tanks; (f) silage effluent containment areas; (g) deadstock composting facilities; (h) feedlot and livestock yard structures; (i) greenhouse spill containment areas. (EC351/04; 379/08; 419/10) 24.3 Tax credit, owner-occupied residential property - 2024 and after (1) Where a person is eligible under section 5.5 of the Act to receive a tax credit in respect of a residential property for a calendar year, the amount of the tax credit is the amount determined by the formula [A-((B+C) x (1+D))] x [(E/F) x ((1.50 - G)/100)] where A is the owner-occupied residential property assessment in accordance with section 9.2 of the Real Property Assessment Act as of January 1, 2024; B is (a) where the property last became the person’s owner-occupied residential property after December 31, 2020, but before January 1, 2024, the owner-occupied residential property assessment in accordance with section 9.2 of the Real Property Assessment Act as of the date the property last became the person’s owner-occupied residential property; or (b) where the property last became the person’s owner-occupied residential property on or before December 31, 2020, the owner-occupied residential property assessment in accordance with section 9.2 of the Real Property Assessment Act as of December 31, 2020; C is (a) where the property last became the person’s owner-occupied residential property after December 31, 2020, but before January 1, 2024, the assessed value of any new residential construction or changes to the property on and after the date on which the property last became the taxpayer’s owner-occupied residential property and up to December 31, 2023; or (b) where the property last became the person’s owner-occupied residential property on or before December 31, 2020, the assessed value of any new construction or changes to the property between January 1, 2021, and December 31, 2023; D is the percentage increase for 2024 in the owner-occupied residential property assessment in accordance with section 9.2 of the Real Property Assessment Act; c t Current to: June 29, 2024 Page 13 Section 24 Real Property Tax Act Regulations E is the number of days during the calendar year for which the credit is calculated that the residential property was owned by the person; F is the number of days in the calendar year for which the credit is calculated; and G is the amount of the tax credit per $100 of assessment that the person was eligible to receive under section 5 of the Act at December 31, 2023, in respect of the residential property. Where result less than $0 (2) Where the calculation based on the formula in subsection (1) results in a value of less than $0, the amount of the tax credit shall be $0. (EC653/24) 24.4 Tax credit, leased or rented multiple dwelling accommodation units – 2024 and after (1) Where a person is eligible under section 5.6 of the Act to receive a tax credit for a calendar year in respect of a property with multiple dwelling accommodation units, the amount of the tax credit is the amount determined by the formula [A-((B+C) x (1+D))] x [(E/F) x ((1.50 - G)/100)] where A is the non-commercial realty assessment on the portion of the property that is in the form of multiple dwelling accommodation units in accordance with the Real Property Assessment Act as of January 1, 2024; B is (a) where the property was last acquired by the person after December 31, 2022, but before January 1, 2024, the non-commercial realty assessment on the portion of the property that is in the form of multiple dwelling accommodation units in accordance with the Real Property Assessment Act as of date the property was last acquired by the person; or (b) where the property was last acquired by the person on or before December 31, 2022, the non-commercial realty assessment on the portion of the property that is in the form of multiple dwelling accommodation units in accordance with the Real Property Assessment Act as of December 31, 2022; C is (a) where the property was last acquired by the person after December 31, 2022 but before January 1, 2024, the assessed value of any new non-commercial construction or changes to the property subsequent to the property last being acquired by the person and up to December 31, 2023; or (b) where the property was last acquired by the person on or before January 1, 2023, the assessed value of any new construction or changes to the property between January 1, 2023 and December 31, 2023; D is the 2024 increase percentage in the non-commercial realty assessment on the portion of the property that is in the form of multiple dwelling accommodation units; E is the number of days during the calendar year for which the credit is calculated that the non-commercial property was owned by the person; F is the number of days in the calendar year for which the credit is calculated; and G is the amount of the tax credit per $100 of assessment that the person was eligible to receive under section 5 of the Real Property Tax Act at December 31, 2023, in respect of the non-commercial property. Page 14 Current to: June 29, 2024 t c Real Property Tax Act Regulations Section 25 Where result less than $0 (2) Where the calculation based on the formula in subsection (1) results in a value of less than $0, the amount of the tax credit shall be $0. (EC653/24) 25. Residence Proof of residence may be required and where required, a person or corporation shall complete a form approved by the Minister. (EC255/87) 26. Tax credit Where, during a taxation year, a person qualifies as a resident person under clause 24(1)(a) or a corporation qualifies as a resident corporation under clause 24(1)(b) and, as a result, the person or the corporation becomes eligible under section 24 for the tax credit under section 5 of the Act, the tax credit shall be calculated on a pro-rated basis as follows: (a) from the date that the person or the corporation took ownership of the property to which the tax credit relates, if that date is on or after January 1 of the taxation year; (b) from January 1 of the taxation year, if the date that the person or the corporation took ownership of the property to which the tax credit relates is before January 1 of the taxation year and the date that the person or the corporation took up residency in the province is on or after January 1 of the taxation year; (c) from the later of the date that the person or the corporation took ownership of the property to which the tax credit relates and the date that the person or the corporation took up residency in the province, if both dates are before January 1 of the taxation year. (EC189/88; 427/16) 27. Acquisition of property Revoked by EC189/88 c t Current to: June 29, 2024 Page 15 Real Property Tax Act Regulations SCHEDULE A SCHEDULE A FORM A - TAX NOTICE {revoked by EC351/04} FORM C - NOTICE OF LIABILITY TO TAX SALE FORM D - NOTICE OF TAX SALE FORM E - NOTICE OF TAX SALE (for publication) FORM G - NOTICE OF APPEAL TO APPEALS BOARD {revoked by EC639/93} FORM H - TAX DEED FORM I - CERTIFICATE OF OWNERSHIP FORM A Revoked by EC351/04 c t Current to: June 29, 2024 Page 17 SCHEDULE A Real Property Tax Act Regulations FORM C PROVINCE OF PRINCE EDWARD ISLAND DEPARTMENT OF FINANCE AND MUNICIPAL AFFAIRS NOTICE OF LIABILITY TO TAX SALE PURSUANT TO THE REAL PROPERTY TAX ACT Name and address in whose name the tax is levied ............................................................................................................. ............................................................................................................. Date: ................................................. PARCEL NUMBER PROPERTY LOCATION DESCRIPTION TAKE NOTICE that real property tax levied in your name on the property described above is overdue and unpaid as follows: Arrears to December 31 $............................... Tax Arrears $............................... Tax Arrears $............................... Interest $............................... Total Arrears and Interest $............................... AND TAKE NOTICE that the property is liable to be sold at a public sale as provided by section 16 of the Act. …………...................................................... Minister of Finance and Municipal Affairs Province of Prince Edward Island (EC419/10) Page 18 Current to: June 29, 2024 t c Real Property Tax Act Regulations SCHEDULE A FORM D PROVINCE OF PRINCE EDWARD ISLAND DEPARTMENT OF FINANCE AND MUNICIPAL AFFAIRS NOTICE OF TAX SALE PURSUANT TO THE REAL PROPERTY TAX ACT Name and address in whose name the tax is levied ............................................................................................................ ............................................................................................................ Date: ................................................. PARCEL NUMBER PROPERTY LOCATION DESCRIPTION TAKE NOTICE that real property tax levied in your name on the property described above is overdue and unpaid as follows: AND TAKE NOTICE that the property is liable to be sold as provided by section 16 of the Act. …………...................................................... Minister of Finance and Municipal Affairs Province of Prince Edward Island (EC419/10) c t Current to: June 29, 2024 Page 19 SCHEDULE A Real Property Tax Act Regulations FORM E NOTICE OF TAX SALE (For Publication) There will be sold at public auction at or near ....................................... , ................................ Street,............................. , Prince Edward Island on the .................... day of ......................, 20 .....at the hour of .............. o’clock in the ................. , real property located at.................................................................................. , (County), Prince Edward Island, being identified as parcel number ................................assessed in the name of ..................... ........................................................... of ................................................................................ This property is being sold for nonpayment of taxes in accordance with section 16 of the Real Property Tax Act. A more complete legal description may be obtained by contacting the law firm of .................................... , attention .................................... at ............................ who act for the Province in connection with this sale. The said property will be sold subject to a reserve bid and conditions of sale. DATED at .................................... , this ..................day of ......................................, 20........ …………...................................................... Minister of Finance and Municipal Affairs Province of Prince Edward Island (EC395/92; 419/10) FORM G Revoked by EC639/93. Page 20 Current to: June 29, 2024 t c Real Property Tax Act Regulations SCHEDULE A FORM H PROVINCE OF PRINCE EDWARD ISLAND DEPARTMENT OF FINANCE AND MUNICIPAL AFFAIRS TAX DEED WHEREAS taxes, interest or penalty due under the provisions of the Real Property Tax Act R.S.P.E.I. 1988, Cap. R-5 were unpaid on the real property herein described, assessment number ........................................................................... assessed in the name of ....................................................... of .................................................................................... AND WHEREAS, the property was sold at public auction held at ........................................ in the County of .............................................................. , Province of Prince Edward Island on the ............ day of .......................... , 20.................., to ................................................... , (the purchaser) of ......................................... in the County of .............................................. , Province of Prince Edward Island for the sum of $.................................................. THEREFORE BY THIS DEED I ........................................................................................... Minister of Finance and Municipal Affairs pursuant to the authority conferred by section 17 of the said Act, and in consideration of the sum of $...................... , do grant unto the said purchaser, his heirs and assigns, all that parcel of land situate, lying and being .................................................................................... ................................................................................................................................................ ................................................................................................................................................ (Herein set forth description of land) IN WITNESS WHEREOF, I have hereunto set my hand and seal the ............ day of .........................., 20......... SIGNED, SEALED AND DELIVERED in the presence of: ..................................................... ......................................................................................... Minister of Finance and Municipal Affairs On the ................... day of .........................., 20......... personally appeared before me ........................................................................................................., of ................................. in .......................................... County and being duly sworn testified that he is subscribing witness to the within deed of writing and that he was present and did see the same duly executed by ............................................................................................................................. Minister of Finance and Municipal Affairs therein named. ........................................ Commissioner for Deeds (EC419/10) c t Current to: June 29, 2024 Page 21 SCHEDULE A Real Property Tax Act Regulations FORM I PROVINCE OF PRINCE EDWARD ISLAND DEPARTMENT OF FINANCE AND MUNICIPAL AFFAIRS CERTIFICATE OF OWNERSHIP WHEREAS taxes, interest or penalty due under the Real Property Tax Act R.S.P.E.I. 1988, Cap.R-5 were unpaid on the real property described below, assessment number ................... assessed in the name of .......................................................................................................... of ............................................................................................................................................ AND WHEREAS, the property was sold to ........................................................................... of ........................................................................... (the purchaser) at a public auction held at ........................................... in the County of ......................................................... , Province of Prince Edward Island for the sum of $ ....................................... I, ........................................................................ , Minister of Finance and Municipal Affairs pursuant to the powers conferred by section 17 of the said Act, do issue this certificate of ownership acknowledging receipt of said sum and granting the property unto the purchaser. Description of Property IN WITNESS WHEREOF, I have hereunto set my hand and seal the .................................... day of ........................................., 20.......................... WITNESSED BY ......................................................... ............................................................................. Minister of Finance and Municipal Affairs (EC419/10) Page 22 Current to: June 29, 2024 t c