92.1. A local municipality may, by by-law, adopt a program to grant assistance in the form of a tax credit to the persons and in respect of the immovables referred to in section 92.2.
It may also grant assistance to any person that operates a private-sector enterprise and that is the owner or occupant of an immovable other than a residence. The value of the assistance that may be granted in this way for all of the beneficiaries may not exceed, per fiscal year, $300,000 for Ville de Montréal and for Ville de Québec and $250,000 for any other municipality.
Assistance may not be granted, however, if one of the following situations applies to the immovable referred to in the first or second paragraph:
(1) activities previously exercised in the territory of another local municipality have been transferred to it; or
(2) its owner or occupant receives government assistance intended to lower property taxes.
Subparagraph 2 of the third paragraph does not apply if the government assistance is granted to implement a recovery plan.
The period during which assistance may be granted to a person declared eligible may not exceed 10 years.
The by-law provided for in the first paragraph determines the total value of the assistance that may be granted under the program. That by-law, and any resolution adopted under the second paragraph, must be approved by the eligible voters of the municipality if the annual average of the total value of the assistance that may be granted exceeds $25,000 or 1% of the total appropriations provided for in the municipality’s budget for its operating expenses for the fiscal year during which the by-law or the resolution is adopted, whichever is higher. If the average exceeds 5% of the total appropriations, the by-law or the resolution must also be approved by the Minister. To determine the average, the total value of the assistance that may be granted under the by-law or the resolution adopted is taken into account, along with that of the assistance that may be granted under any other by-law adopted under the first paragraph if it is or will soon be in force and any resolution adopted under the second paragraph since the beginning of the fiscal year during which the by-law or resolution is adopted.
2006, c. 31, s. 120; 2008, c. 18, s. 67; 2012, c. 21, s. 12; 2017, c. 13, s. 143.