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Collection of economic data from June 1st to July 15th, 2009
-------Recall from September 28th to October 16th,2009-------

In order to prepare the valuation roll that will come into effect on January 1st, 2011, the Direction de l'évaluation foncière de la Ville de Montréal (municipal body responsible for assessment) will soon be assessing the property’s of the 16 municipalities of the urban agglomeration, on the basis of the real estate market conditions as of July 1st, 2009.

Beginning / Duration:

  • Initial forwarding date June 1st, 2009
  • Deadline for returning forms July 15th, 2009
  • Recall forwarding date September 28st, 2009
  • Deadline for recall October 16th, 2009

Procedure:

All the owners will receive by mail beginning June 1st, 2009 certain documents, such as:

A) The form entitled «List of rents and tenants or occupants as of July 1st, 2009»;
B) The form «Income and expense statement of the building».

(Those documents duly signed and completed must to be returned no later than July 15th,2009.)

A recall letter will be sent on September 28th,2009 , it must be completed and returned before October 16th,. If we do not receive the documents within the prescribed time, legal action may be taken without further notice.

 

IN ALL CASES, forms enclosed must be returned by mail back to the Direction de l’évaluation foncière – with or without other documents (financial statement, rent roll, letter, note, etc.).

You are also requested to advise the Direction de l’évaluation foncière, in writing , of any occurrence or major event liable to specifically affect the market value of a property (ex : notice of non-conformity, expert report on soil contamination or subsiding structure, major renovations recently completed or under strict obligation to be done in the near future).

This information is being requested under section 16 and 18 of an «Act respecting municipal taxation». The information or documents received will be held by the assessor in accordance with the dispositions of articles 78 to 80.2 of the same act.

Please be advised that answering the present Collection of economic data does not release the owner of a valuation unit of his legal obligations arising from article 243, that is to advise the city of any changes in the occupancy of his property.
 
  • AN ACT RESPECTING MUNICIPAL TAXATION

    16. Every owner or occupant who refuses access to any property to the assessor or his representative acting by virtue of section 15, or hinders him, without legitimate reason, is guilty of an offence and is liable to a fine of not less than 100 $ and not more than 50 000 $.
    1979, c.72, a.16; 1990, c.4, a.424; 1991, c.32, a.11.

    18. Every owner or occupant of a property or his mandatory must produce or make available to the assessor or his representative, any information respecting the property that he requires for the performance of his duties, according as he requests him to produce it by means of a questionnaire or otherwise, or to make it available.
    Every owner of a parcel of land or his mandatory must, in the same manner, where there is property on the parcel of land that must be entered on the roll in the name of its owner under Chapter V, produce or make available to the assessor or his representative any information respecting the owner of the property that he requires for the performance of his duties.
    If the owner or occupant or his mandatory refuses, without valid reason, to produce or make available the information mentioned in the first and second paragraphs in compliance with the request of the assessor or his representative, or produces or makes available false information, he is guilty of an offence and liable to the fine prescribed in section 16.
    1979, c.72, a.18; rempl., 1983, c.57, a.109; 1990, c.4, a.425; 1991, c.32, a.13; 1998, c.31, a.97.

    78. The roll is the property of the local municipality for which it is made.
    The documents gathered or prepared by the assessor for the preparation or updating of the roll, whether or not they were used for such purpose, are the property of the owner of the roll.  The municipal body responsible for assessment is the custodian of such documents, for the benefit of their owner, and shall decide where they must be kept.
    For the purposes of this chapter, the word «document» includes a track, a tape, a disk, a cassette or other data carrier and the data it contains.  The ownership or the custody of such a document entails for the body or the municipality the right to obtain, without cost, from the assessor and any other person who has entered data therein all the information necessary to have access to the data and to be able to transcribe it on a conventional document; that right does not, however, include the right to obtain the software without cost.
    1979, c.72, a.78; 1983, c.57, a.112; 1991, c.32, a.40.

    79. Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (R.S.Q., chapter A-2.1), no person has a right of access to the documents contemplated in the second paragraph of section 78, except the graphic register the preparation and updating of which are provided for by the regulation under paragraph 1 of section 263 and by the manuel d'évaluation foncière du Québec to which the regulation refers.
    However, any person may examine such a document respecting the immovable of which he is the owner or the occupant or respecting the business establishment of which he is the occupant, if that document has been used as the basis for an entry on the roll concerning that immovable or business establishment and has been prepared by the assessor.  The same applies to a person having filed an application for review or to applicant with respect to the immovable or business establishment in respect to which the application for review or a proceeding brought before the Tribunal has been made. The right to examine a document granted in this paragraph is subject to section 79.1.
    In addition to the local municipality and the municipal body responsible for assessment, the Minister may examine such a document prepared by the assessor and obtain a copy thereof without cost.
    1979, c.72, a.79; 1987, c.68, a.78; 1991, c.32, a.41; 1996, c.67, a.6; 1997, c.93, a.117; 1997, c.43, a.260; 1999, c.40, a.133, 2005,c. 50, s. 64, 2006, c. 60,s. 76.

    79.1.In the case of an immovable that generates revenues due to the presence of two or more occupants, the right to examine a document granted to each occupant under the second paragraph of section 79 is subject to the rules set out in this section if the document the occupant of a part of the immovable wishes to examine contains financial information for determining the revenues generated by the immovable and that information specifically concerns another occupant or another part of the immovable. The occupant may only examine the document if the financial information concerning any other occupant or part of the immovable is hidden or otherwise inaccessible or if it is integrated into the general information for the whole immovable in such a way that the reader is unable to match the information with another occupant or part of the immovable. If the document is drawn up in such a way that compliance with the rule set out in the second paragraph is not practical, the document may not be examined. In such a case, another document allowing compliance with the rule must be prepared. The occupant may examine the other document or obtain a copy of it, on request. The first three paragraphs apply to the right of an occupant, including a person who has filed an application for review or brought a proceeding before the Tribunal, to examine a document. They do not apply to the occupant of a business establishment. They do not limit the right of the Tribunal or a court before which the property value of the immovable is being contested to issue an order relating to the examination of relevant information by the occupant. 2005, c. 50, s. 65.

    80. The Minister may, without cost, obtain from the clerk of the local municipality a copy of or an extract from the roll in force or the roll preceding the latter.
    He may also commission a person to examine or obtain a copy of any document contemplated in the second paragraph of section 78 and prepared by the assessor, and require that person to report to him on his findings.  The person holding the document shall present and exhibit it or give a copy thereof without cost to the mandatory of the Minister ordering him to do so.
    1979, c.72, a.80; 1991, c.32, a.160.

    80.1 In the case of a document contemplated in the third paragraph of section 78, the right of the Minister or his mandatory to obtain a copy of it without cost does not apply to the data carrier itself, but to the transcription onto a conventional document of the data it contains and that are the object of the request of the Minister or his mandatory.  The right of the Minister or his mandatory to consult such a document applies, at his option, to the data carrier or to the transcription; in the first case, the Minister is entitled to obtain without cost all the information necessary to have access to the data contained on the data carrier; that right does not, however, include the right to obtain the software without cost.
    The right of an owner, an occupant, a person having filed an application for review or a person having brought a proceeding before the Tribunal to consult such a document applies only to the transcription of the data contained on the data carrier and that are contemplated in the second paragraph of section 79.
    1983, c.57, a.113; 1991, c.32, a.42; 1996, c.67, a.7; 1997, c.43, a.261: 1997, c.93, a.118.

    80.1.1 The powers conferred on the Minister by the third paragraph of section 79, the second paragraph of section 80 and the first paragraph of section 80.1, with respect to the Minister's right of access to a document, are also conferred on the Minister of Agriculture, Fisheries and Food if the document concerns an agricultural operation registered in accordance with a regulation under section 36.15 of the Act respecting the Minister of Agriculture, Fisheries and Food ( chapter M-14) and included in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities ( chapter P-41.1). 2006, c. 60, s. 77.

    80.2 The assessor must, within 30 days after the deposit of the roll, send to the Minister free of charge, any extract from the roll containing an entry used for calculating a sum payable by the Government under any of sections 210, 254 and 257.
    Such an extract may be sent in the form of an authenticated copy or any other document, depending on what is more convenient for the Minister concerned and the assessor.
    1991, c.32, a.43; 1994, c.30, a.8; 1996, c.26, a.85; 1999, c.43, a.13; 2003, c.19, a.250.2005, c. 28, s. 196; 2006, c. 60, s. 78

Forms:

Instructions

LEASE ABSTRACT

LETTERS

LIST OF TENANTS OR OCCUPANTS

INCOME & EXPENSES STATEMENT
 
 
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