On March 27, 2012, Ontario Finance Minister Dwight Duncan presented the 2012 Ontario budget. With a projected deficit of $15.2 billion in 2012-13, the Budget reveals a provincial government in need of additional revenues. While there are relatively few tax measures in the Budget, it does freeze Ontario's general corporate income tax rate at 11.5%, a change from the planned reduction to 11% that had been scheduled for July 1, 2012 and further reduction down to 10% that had been scheduled for July 1, 2013.
Most important to the mining community is the Budget's announcement that the government will be reviewing the provincial mining tax system in Ontario "to ensure that Ontario receives fair compensation for its non-renewable resources." While no details were offered (see the relevant excerpt from the Budget materials below), clearly the government is interested in increasing its share of revenues from mining within the province. Mining companies considering new projects or the expansion of existing ones will need to consider the possibility of higher Ontario mining taxes in making business decisions, and the mining community should prepare to get actively involved in the review process in order to ensure that its concerns are heard and accounted for in any revision to the provincial mining tax regime.
EXCERPT FROM ONTARIO BUDGET 2012
Mining Sector Review
Ontario has the highest value of mineral production of any province or territory in Canada. In 2011, the value of metallic and non-metallic mineral production in the province was estimated to be almost $10.7 billion.
The Mining Tax Act levies a tax on profits from the extraction of minerals (except diamonds) in Ontario. The primary purpose of the mining tax is to ensure that Ontario receives fair compensation for its non-renewable resources. Ontario collected approximately $140 million in mining tax in 2010–11.
Ontario has introduced several mining tax incentives over the years that were designed to encourage investment at a time when Corporate Income Tax rates were high. Since Ontario mining operations have benefited from the recent steps taken by the Province to create an internationally competitive tax regime, the government is proposing to work with stakeholders in reviewing the current system to ensure Ontario receives fair compensation for its non-renewable resources.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
