If you're an entrepreneur, you know that protecting your intellectual property should be high on your list when it comes to safeguarding your company. However, as a successful business owner, you also know the steps and costs of filing a trademark in the U.S. can be expensive and arduous.
This conundrum can be even more overwhelming for new business owners who want to do everything possible to minimize the price of securing trademarks. They try to handle complicated tasks like trademark registration on their own, which can be a big mistake - especially when juggling the day-to-day tasks of running a business. You may be thinking, "But what about those set-it-and-forget-it services you can find online? All you have to do is plug in your info, and you're done." Using pre-made templates for trademark filing can be tempting, but doing so can leave you with inadequate protection and hurt you in the long run.
So, what is the easiest, most cost-effective route to consider that also minimizes legal risk? The truth is, before you spend money on an online filing service, it's best to consult with a trademark attorney working with clients in Ottawa, Ontario.
At Sausser Summers, PC, our experienced trademark attorneys can help you understand the trademark process step by step. We can even help with U.S. trademark filing, U.S. trademark responses, and U.S. trademark renewals at a price you can actually afford. That way, you can make an informed decision regarding your business without having to break the bank.
Hiring an attorney can be a daunting task, but at Sausser Summers, PC, our goal is to make the process as simple and seamless as possible for you. That's why we offer a straightforward checkout service. First, you choose your flat fee trademark service and fill out a short questionnaire. Then, we will contact you within 24 hours to discuss the details of our service. From there, one of our experienced trademark attorneys will get to work on your behalf.
Using a trademark attorney for filing in Ottawa, Ontario, can significantly increase your chances of a successful registration. The U.S. government recommends hiring a trademark attorney to help with your application, and our team of trademark lawyers is dedicated to meeting your needs. In fact, we help ensure your application is filed correctly the first time so you can get on with your life and avoid legal risks.
At Sausser Summers, PC, we work closely with our clients to understand their needs and provide them with sound professional advice. We never offer incomplete services, such as simply filing for registration, because that would leave you open to legal risks. You can rely on us to handle your intellectual property matters, and our flat fee services can help protect your business in a simple, straightforward, and affordable way. It's really that simple.
In terms of filing a U.S. trademark, we provide an easy three-step process to protect your intellectual property:
1. You provide your trademark info to our team via an online form.
2. Our team performs a comprehensive trademark search. This search ensures that no other marks will prevent you from registering your trademark in the U.S. Once performed, we'll send you a legal opinion letter that details our findings.
3. Sausser Summers, PC, files your U.S. trademark application. We are then listed as your Attorney of Record on file. From there, we'll provide ongoing updates regarding the status of your trademark as it works through the registration process.
The bottom line? At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
It's not necessary to be a lawyer in order to apply for a trademark. Anyone can submit a trademark application to the U.S. Patent and Trademark Office (USPTO). However, registering a trademark involves more than just filling out a form. It's essential to conduct thorough research, accurately identify and clearly explain your trademark to ensure it receives adequate protection. And even after securing a trademark, you've got to monitor it consistently to make sure it's free from infringement.
The big takeaway here is that it's always a good idea to work with a trademark attorney to protect the intellectual property that you've worked so hard to establish. According to the Wall Street Journal, applicants are approximately 50% more likely to secure their trademark than people who file applications on their own. If your trademark application is rejected by the USPTO, you will need to revise and refile it, incurring additional filing fees. To avoid delays and extra costs, it is best to have a trademark lawyer help you get it right the first time.
Great trademark attorneys (like those you'll find at Sausser Summers, PC) will help with every step of filing and enforcing your trademark. Some additional benefits include the following:
Check to see if your proposed trademark is registered by another entity.
Conduct research to see if another business is using the trademark for which you're applying.
Provide advice and guidance on the strength of your trademark.
Draft and submit your trademark applications and application revisions.
Advice and guidance regarding trademark maintenance and protection.
Monitor the market for unauthorized use of your trademark.
Trademark enforcement to protect you against infringement.
Curious whether our trademark attorney services are right for you and your business? Contact Sausser Summer, PC, today. Let's talk about what you need, and how we can help.
Online services, can provide you with basic assistance in filing your trademark. However, they will never be a legitimate substitute for an experienced trademark attorney helping clients in Ottawa, Ontario.
Although online filing services offer a step-by-step process, they take a one-size-fits-all approach to preparing legal documents. Even their advanced service only provides basic attorney assistance in completing your paperwork and helping with minor roadblocks. Online filing services' disclaimer highlights the many limitations of its services, including the fact that communications are not protected by attorney-client privilege. In addition, online filing services cannot provide advice, explanations, opinions, recommendations, or any kind of legal guidance on possible legal rights, remedies, defenses, options, selection of forms or strategies.
In other words, online filing services can offer you the necessary forms and point you in the right direction, but they cannot customize their services to your specific needs or help you with serious complications that may arise.
For the most comprehensive trademark service and protection, it's always wise to work with highly rated trademark lawyers, like you'll find at Sausser Summers, PC.
Trademarks in the U.S. can last indefinitely, but did you know that clients in Ottawa, Ontario can file a trademark online, only to lose protection in some circumstances? Trademarks differ from patents and copyrights in that they do not have an expiration date. However, to prevent the cancellation of a trademark, you must maintain it. To ensure that your trademark remains protected, you must actively use it in commerce and renew it with the USPTO every ten years.
The Lanham Act tells us that "use in commerce" is the legitimate use of a trademark in the ordinary course of trade. In other words, you cannot register a trademark solely to reserve the rights to it in the future. In most cases, a trademark must be used continuously in connection with the goods or services it is registered for.
Trademarks are registered with the USPTO and generally need to be renewed every ten years. However, there is one crucial exception that you should be aware of. Within the first ten years of owning a trademark, you must file for renewal between the fifth and sixth year from the date of your initial registration.
During this renewal period, you are required to submit a Section 8 declaration, a specimen that shows how the mark is being used, and pay the required fee. You can also apply for Section 15 Incontestability status, which can strengthen your trademark rights. This application, although not mandatory, can make it harder for others to challenge your ownership of the mark.
After the first renewal, which falls between the fifth and sixth year of ownership, the next renewal filing is due between the ninth and tenth year, and then every tenth year thereafter. In the ninth year you will need to file a Section 8 declaration, attesting to your use of the mark or excusable nonuse. You've also got to file a Section 9 renewal application before the end of the tenth year to keep your registration active.
It is worth noting that the USPTO provides a six-month grace period if you fail to renew your mark within the required time frame, but it is best not to rely on it. If you don't file within the grace period time limits, the USPTO will cancel and expire your mark.
By hiring trademark attorneys helping clients in Ottawa, Ontario, you can avoid the pitfalls and mistakes that can arise and cause you to lose your rights to the mark that represents it.
In the event that you stop using your trademark and have no plans to resume using it in commerce, it may be considered abandoned by the USPTO. This could result in the loss of your protective rights to the mark. Typically, a trademark is assumed to be abandoned if it has not been used for three years. However, you may be able to refute this presumption by providing evidence that you intend to use the mark again in the future.
In addition to trademark abandonment, you should also be wary of improper licensing. It's important to remember that once you allow someone else to use your trademark, you must keep an eye on how they use it. You should monitor the products or services that feature your trademark to ensure that they meet consumers' expectations in terms of quality. Failure to do so can lead to a "naked" trademark license and the loss of your protective trademark rights.
If you're wondering how you can avoid refiling your trademark, the answer is simple: file it correctly the first time around. Filing a trademark isn't inherently difficult, but when doing so, it's very important that certain aspects are filled out accurately in your application. If any information is missing or incorrect, the trademark application may be considered "void ab initio" or void from the beginning, requiring you to file again.
To avoid this, make sure that the information you provide in the application is accurate and complete, including the ownership of the trademark. For instance, if a corporation has multiple shareholders, it should not file under the President's personal name. The rightful owner should be the one/entity that ultimately controls the trademark and the associated goods/services.
It is also important to ensure that the goods and/or services description is precise. For example, if you sell electronic products, you should not file for research and development services despite having a research and development department. The goods/services description should reflect the goods/services you offer to customers, not the departments within your business.
Additionally, providing accurate dates of first use when filing for a trademark is crucial. The USPTO requires two dates to be specified - the date of first use anywhere and the date of first use in interstate commerce. Contact our trademark law office today to learn more about having accurate dates on your filing paperwork.
At Sausser Summers, PC, we often get questions about how to distinguish run-of-the-mill consultants and others from great trademark attorneys. After all - when you're looking for an attorney to file or prosecute your business trademark, you should know their qualifications. Here are three ways you can separate the proverbial wheat from the chaff when it comes to trademark attorneys.
It's crucial to seek legal advice from a licensed trademark lawyer rather than relying on advice from non-professionals like trademark consultants. The USPTO even recommends hiring an attorney to help with the trademark process. Although trademark consultants may provide advice on trademark availability or name marketability, they cannot file the trademark for you or offer legal advice. According to the Rules of Practicing in trademark cases, "Individuals who are not attorneys are not recognized to practice before the Office in trademark matters." This rule applies to individuals who assist trademark applicants.
When searching for a trademark attorney, it's important to find someone with a strong background in trademark law. Look for an attorney who specializes in this area and has significant experience handling trademark-related cases. Avoid lawyers who don't have expertise in this field, as they may not be able to provide the guidance and support you need.
Ensure your attorney provides updates throughout the trademark registration process to avoid missing deadlines, including responding to any Office actions within six months. Failure to do so can result in trademark abandonment. The USPTO will only correspond with the listed attorney of record, so make sure your attorney keeps you informed.
In summary:
Building your brand and gaining recognition for it is a significant achievement, and it's important to protect it. However, there are certain pitfalls and mistakes that can arise, causing you to lose your rights to the mark that represents it. By working with knowledgeable trademark attorneys, you can avoid these issues and file your trademark successfully.
With an A+ rating from the Better Business Bureau (BBB), Sausser Summers, PC, offers comprehensive guidance, strategic advice, and reliable representation for a variety of trademark matters. Our attorneys have years of real-world experience and, having registered countless trademarks with the USPTO, provide our clients with individualized representation when they need it most.
If you're looking for skilled, adept, and experienced counsel, look no further than our trademark law firm. Contact us today to schedule your initial consultation and learn how we can help you safeguard your brand.
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CTVNewsOttawa.ca looks at things to do in Ottawa and eastern Ontario this weekend.Just a reminder that daylight saving time ends at 2 a.m. Sunday, and clocks turn back one hour.Ottawa SenatorsThe Ottawa Senators host the Seattle Kraken Saturday night at Canadian Tire Centre.Game time is 7 p.m.For tickets, visit ...
CTVNewsOttawa.ca looks at things to do in Ottawa and eastern Ontario this weekend.
Just a reminder that daylight saving time ends at 2 a.m. Sunday, and clocks turn back one hour.
The Ottawa Senators host the Seattle Kraken Saturday night at Canadian Tire Centre.
Game time is 7 p.m.
For tickets, visit www.ticketmaster.ca.
The Ottawa 67’s play twice this weekend at the Arena at TD Place.
Friday night, the 67’s host the Guelph Storm at 7 p.m.
On Sunday, the 67’s host the Kingston Frontenacs at 2 p.m.
For tickets, visit the Ottawa 67’s website.
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Disney’s The Lion King continues until November 10 at the National Arts Centre.
It’s the winner of six Tony Awards, including Best Musical.
This weekend’s schedule includes matinees at 1 p.m. on Saturday and Sunday.
For tickets and information, visit www.nac-cna.ca.
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Here’s a look at what’s happening at the National Arts Centre this weekend:
For tickets and information, visit www.nac-cna.ca.
Don’t miss the Day of the Dead Festival in the ByWard Market this weekend.
Experience the magic of Mexico and Mexican culture, with food, drink, parties, festivals and activities.
For more information, visit www.dayofthedeadfestival.ca/.
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The largest gem and mineral show in Canada is at the EY Centre this weekend.
The Rock N’ Gem Show features exquisite crystals, gemstones and fossils.
The show runs Friday, Saturday and Sunday.
The Ottawa Storytelling Festival is on Saturday afternoon at Ben Franklin Place.
For more information, visit www.ottawastorytellers.ca.
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See Into the Woods at the Meridian Theatres at Centrepointe this weekend.
“Into the Woods by Stephen Sondheim and James Lapine takes everyone's favourite storybook characters and brings them together in a timeless, yet relevant, modern classic musical,” says the Meridian Theatres at Centrepointe website.
The Ottawa Little Theatre presents Guilty Conscience.
See the show Friday, Saturday and Sunday this weekend.
The Lansdowne Farmers' Market is open this weekend.
Visit the vendors at the Aberdeen Pavilion on Sunday from 10 a.m. to 3 p.m.
The Christmas Craft Show is at the Nepean Sportsplex all weekend.
Over 100 talented artisans will be on display to help you get a head start on the Christmas season.
Click on the links for the schedule at museums in Ottawa and eastern Ontario:
Enjoy a free, guided tour of the Senate at the Senate of Canada Building, the House of Commons in the West Block and the East Block.
For tickets and tour times, visit https://rts.parl.ca/.
Explore the main Parliament Building, also called Centre Block, in this new innovative experience.
Parliament: The Immersive Experience at 211 Sparks Street includes an exhibition and a 360-degree multimedia show that takes you on a tour through Centre Block, which has been closed since 2019.
The self-guided tour is 45 minutes.
Tickets are available at no cost at visit parl.ca.
The Kingston Frontenacs play at Slush Puppie Place twice this weekend.
Friday night, the Frontenacs host the Peterborough Petes at 7 p.m.
On Saturday, the Frontenacs host the Guelph Storm at 4 p.m.
See Anne of Green Gables – the Ballet at the Brockville Arts Centre Friday night.
Show time is 6 p.m.
The One Act Play Festival is at Studio Theatre Perth on Saturday and Sunday.
Nine community theatre groups from across eastern Ontario will perform their one-act plays.
Tickets are $24 a session.
The second annual Christmas Market is at the Ma-Te-Way Centre in Renfrew on Saturday.
More than 40 vendors will help you get a jump on your Christmas shopping.
The Christmas Market is open Saturday from 11 a.m. to 4 p.m.
Start your Christmas shopping this weekend at the Christmas in the Valley Artisan Show.
Over 25 local artisans, crafters and bakers will be at the John Levi Community Centre in Almonte on Saturday and Sunday.
If you're trick-or-treating in or around Hamilton tonight, you probably won't need a winter coat under your costume.Today is forecast to be the hottest Halloween on record in Ontario municipalities including Hamilton, Toronto, Burlington, St. Catharines, Lincoln, Niagara Falls, Toronto, Oakville, Mississauga and Brampton. Ottawa and a number of places in Quebec are also forecast to set heat records.According to ...
If you're trick-or-treating in or around Hamilton tonight, you probably won't need a winter coat under your costume.
Today is forecast to be the hottest Halloween on record in Ontario municipalities including Hamilton, Toronto, Burlington, St. Catharines, Lincoln, Niagara Falls, Toronto, Oakville, Mississauga and Brampton. Ottawa and a number of places in Quebec are also forecast to set heat records.
According to CBC's Climate Data Dashboard, which sources data from the Meteorological Service of Canada, Oct. 31 will see 122 heat records set.
In Hamilton, the forecast high is 24 C, which — according to the dashboard — is 13 C above the historical average. That average is calculated using data from 1981 to 2010.
It's "not actually out of the ordinary" to experience temperatures this hot in October, Peter Kimbell, a warning preparedness meteorologist with Environment and Climate Change Canada told CBC Hamilton. "We've seen it many times before."
For example, Kimbell said, the previous record for Oct. 31 in Hamilton is 22.8 C, which occurred in 1971 and 1876. He said the region experienced similarly warm days around this time in 1901, 1933, 1946 and 1950 too.
What's happening right now, Kimbell said, is that "a big gradient of pressure" from the eastern seaboard to the central part of the United States is causing winds to blow warm air from the southern U.S. and into southern Ontario.
"We have very warm air across southern Ontario and actually had warm air across northeastern Ontario yesterday," he said.
Climate modelling shows temperatures rising
In Hamilton, the average temperature for the last 30 days is 11.6 C. That's 2 C above the historic average.
While Hamilton's hottest Halloween is not in itself a "smoking gun," Ian Borsuk, of Environmental Hamilton, says it's indicative of a wider trend toward a warmer climate.
Last year was the hottest on record, according to the European Union's climate agency, and in recent weeks, we've seen episodes of severe weather such as deadly flash floods in Spain, which scientists say are increasing in frequency due to climate change.
"These issues are only going to get worse," Borsuk said. "We've locked in this warming."
Borsuk told CBC Hamilton he hopes this record is a "wake-up call" that we need more action to reduce greenhouse gas emissions.
"It's entirely possible that this is not going to be the hottest Halloween ever," he said, adding that while some people grew up having to alter their Halloween costumes for warmth, future kids may have to get used to dressing down due to heat.
CBC's Climate Dashboard notes that Hamilton is expected to be hotter on average by the end of the century. How much depends on the scale of greenhouse gas emissions. In a low-emission scenario, the temperature will likely increase between 1.5 C and 3.8 C. In a high-emission scenario, the average annual temperature could increase as much as 8.1 C.
"The hottest Halloween on record might seem like a quaint impact of climate change in 10 to 20 years because the effect in the future will be much, much worse," Borsuk said.
A good opportunity to speak to neighbours about climate change
If the topic of heat comes up while trick-or-treating, Borsuk recommends talking about it.
"The more we talk about this and the more we make individual commitments in our own lives, the easier it is for us to imagine and conceive of the collective action that we desperately need and require governments to follow through on."
You may also want to pack an umbrella.
Kimbell said the forecast calls for rain tonight.
The owner of a rural property in Ottawa has been ordered to let vegetation regrow after he cleared part of a big wetland.Social SharingA large provincially significant wetland in Ottawa's rural west end has lost its status after a property owner cleared brush and trees.From David Manchester Road, just north of a toy store and a tractor retailer, one can see logs piled and vegetation starting to grow back. The owner was fined and now has a remediation agreement with the conservation authority.But it wasn't the cu...
The owner of a rural property in Ottawa has been ordered to let vegetation regrow after he cleared part of a big wetland.
A large provincially significant wetland in Ottawa's rural west end has lost its status after a property owner cleared brush and trees.
From David Manchester Road, just north of a toy store and a tractor retailer, one can see logs piled and vegetation starting to grow back. The owner was fined and now has a remediation agreement with the conservation authority.
But it wasn't the cutting in 2021 that led to the 41.5-hectare wetland losing protections, so much as the way the wetland was reopened for evaluation under the Ontario government's updated and controversial points system.
This area of swamp and marsh, located just southwest of the junction of highways 7 and 417, used to enjoy top-level provincial protection and was part of the sprawling Goulbourn wetland complex west of Stittsville. Using the new scorecard, however, a certified wetland evaluator gave it 558 of the required 600 points.
The evaluator hired by the property owner had followed the updated Ontario manual for evaluating wetlands, which took effect in January 2023, the City of Ottawa told CBC News. The city received the 76-page report and took the extra step of looking over the results, but found only minor errors.
The key issue for this particular wetland on David Manchester Road was that under the updated scorecard, it was evaluated on its own. It could no longer be studied as part of a group, or complex, with other wetlands nearby.
It represents the biggest wetland of the 55 hectares that the City of Ottawa has so far had to rezone because they no longer meet the bar set by the Ministry of Natural Resources.
Land registry records show Harmesh and Ram Dayal Chander bought a rectangular property of nearly 10 hectares on David Manchester Road in 2018. The property was about 75 per cent wetland, according to a 2016 wetland evaluation.
A 2023 update pegged it at about 60 per cent, and found a total of 2.67 hectares of wetland habitat had been cleared in 2021.
CBC News tried several times to reach the Chanders to hear their perspective on what happened, but did not receive a response.
Satellite images of the area on the city's mapping tool show the property covered with greenery in 2021, but partially stripped by 2022. A court document says the offence took place in September 2021.
Altering or developing a provincially significant wetland isn't allowed, and the Mississippi Valley Conservation Authority (MVCA) had its own regulations, so the cutting drew its attention.
The MVCA needed the owners to hire a professional evaluator to determine the outline of the wetland, to understand where the land should be put right again.
The whole 41.5-hectare wetland ended up being re-scored, however, using the updated points system. The re-evaluation included areas on neighbouring properties beyond the owner's own section of the wetland, and the entire wetland lost its provincially significant status.
According to a court document, Harmesh Chander was fined $1,125 in July 2024. The owners have agreed to a remediation plan with the conservation authority and are not to interfere with vegetation in a regrowth zone.
It is the first example of a wetland to lose its provincially significant designation in the Mississippi River watershed under the updated Ontario wetland evaluation system, said Matt Craig, manager of planning and regulation at the conservation authority.
"It's hard to predict what's going to happen," said Craig, about whether any other wetland re-evaluations might take place southwest of Ottawa.
"The important thing is that the wetland is still regulated and requires permission from the authority to work within the wetland and the adjacent lands."
Most of the time, the conservation authority works with private owners of wetlands about the constraints that exist on their properties, Craig said.
There's a lot of public interest in wetlands, he added, and many rural landowners are aware they help prevent erosion and flooding, while improving groundwater quality.
Kate Porter covers municipal affairs for CBC Ottawa. Over the past two decades, she has also produced in-depth reports for radio, web and TV, regularly presented the radio news, and covered the arts beat.
Updated Oct. 29, 2024 12:26 p.m. PDTThe City of Ottawa's Vacant Unit Tax (VUT) could get tougher, with increasing penalties for properties that remain unoccupied for multiple years.According to a report prepared for a joint meeting of the Finance and Corporate Services and Planning and Housing committees on Nov. 6, strengthening the VUT was one of the commitments the City of Ottawa made in exchange for ...
Updated Oct. 29, 2024 12:26 p.m. PDT
The City of Ottawa's Vacant Unit Tax (VUT) could get tougher, with increasing penalties for properties that remain unoccupied for multiple years.
According to a report prepared for a joint meeting of the Finance and Corporate Services and Planning and Housing committees on Nov. 6, strengthening the VUT was one of the commitments the City of Ottawa made in exchange for a deal with the province to provide the city with $543 million in funding.
"Strengthening the VUT is a priority not just to support the province's funding deal but also to ensure that housing is not underutilized during a housing crisis," the report says. "The tax ensures homes remain occupied and unoccupied homes are returned to the housing supply."
The VUT was implemented by council in 2022 to encourage homeowners to occupy or rent their properties to address the affordable housing crisis in the city. All revenue collected from the tax will go into the city's funds for more affordable housing. Properties that are declared vacant for more than 184 days in the previous calendar year are charged a fee equivalent to 1 per cent of the property's assessed value on their final property tax bill.
According to the joint committee report, city staff are considering implementing a graduated VUT rate that increases by 1 per cent a year for repeat vacancies, up to a maximum of 5 per cent of assessed value. Updating property eligibility codes would also add approximately 1,200 more units to the rolls.
Staff say adding a graduated tax rate would generate up to $4 million of additional revenue.
The report says staff considered scrapping the mandatory annual declaration model but determined doing so would reduce the effectiveness of the VUT's stated goal of improving housing availability.
"Alternative declaration models, such as a periodical or voluntary declaration model, were explored by staff, but were found to significantly reduce public awareness of the program and diminish the importance of ensuring all eligible residential properties are contributing to the City’s housing supply. Alternative declaration models would generate substantially less revenue while requiring similar administrative costs, resulting in an overall net cost to the city or insignificant contributions to housing initiatives," the report says.
"Increased supply has an impact on market pricing, leading to affordability of homes for sale and rent across Ottawa. In addition to helping make Ottawa more affordable, the net revenues from the tax all go toward affordable housing initiatives," the report adds.
New exemptions are also being considered, including farms, hazardous properties outside of the owner’s control, and medical care properties. The city also plans to remove the building permit requirement for one-time retrofit renovation per property and owner, if the unit is occupied within one year.
Current exemptions include primary residences, tenanted properties, and homes that are vacant due to a property sale, a court or government order, a death, an owner in care, or because of construction or renovation. Newly built homes that are listed for sale and cottage rentals are also exempt.
Property owners could also be allowed to appeal after the appeal deadline by paying an additional fee. The city is considering providing a window of up to 15 months for late appeals.
Orléans West-Innes Coun. Laura Dudas, a longstanding critic of the VUT, says she intends to vote against strengthening the tax.
"I've been consistently voting against this tax since it first came across council's table, and it looks like I'll be doing it again," she told Newstalk 580 CFRA's Ottawa Now with Kristy Cameron on Tuesday. "The administration of it continues to be onerous on residents. It really places the burden on residents and really states you’re guilty until proven innocent."
Dudas says the intention of the tax, to encourage empty units to return to the market and pay for housing projects, is noble, but she doesn't believe it should be the responsibility of property owners to declare their occupancy status every year.
"It's basically casting such a wide net that it's catching so many individuals, thousands in fact in the last year alone, in this case of having to file and then appeal their predicament," Dudas said.
Data from the city show of the 6,348 properties charged the VUT, 3,357 appealed. Of those appeals, 2,908 were approved and 377 were rejected. Seventy-two appeals remain in progress.
Dudas also suggested the VUT is not as important to the Ontario-Ottawa deal as the staff report implies.
"In terms of the actual agreement that is between the province and the city, the report that council is going to be debating over, it greatly overstates the role of the VUT in terms of the agreement. The agreement itself lists the VUT as an available tool … that is available under the terms of the agreement that the city can use to meet the requirements of the province," she said.
The Ontario government said in March, when it announced the $543 million deal, that strengthening the VUT was one of the reciprocal commitments the city made.
"The City of Ottawa has made a number of reciprocal commitments to Ontario, including opening up municipal lands for housing development to support shared housing priorities, ensuring Ottawa meets and exceeds its housing targets, strengthening the city’s vacant home tax, implementing efficiency measures that minimize the property tax burden on Ottawa’s people and businesses and facilitating the development of a long-term care home at The Ottawa Hospital," the news release, dated March 28, said.
Despite planning to vote against the plan, Dudas said she is pleased to see the city is considering adding additional exemptions to the VUT.
"I am pleased with that, don't get me wrong, that is a huge step in the right direction, but I kind of circle back to the fact that at the end of the day, over 300,000 residential properties will receive a notification saying, 'Oops! You forgot to go online this year, now you're in arrears, we're going to be chasing you down.' This is an overreach by the municipality," she said.
Staff say the first full annual cycle of the VUT, including audits and appeals, is now complete. The report states that the tax has influenced property owners to occupy empty residences in the capital.
According to the report, the final count of vacant properties in 2022 was 3,673 units, nearly half of which city staff say are now occupied.
"Preliminary analysis of the 2024 cycle indicates 1,785 properties which were vacant in 2022 are now occupied, and VUT appeals are down by 64 per cent. The program successfully influences property owners to ensure that residential units are kept occupied," the report says.
The final count of vacant properties is down slightly from the initial figure of 3,743 vacant properties that the city gave last year. The city received occupancy declarations for 99.6 per cent of the 323,182 residential properties included in the VUT program in 2023.
The first full year of taxation on vacant properties raised $12.6 million in revenue, with $10.3 million being allocated to the city's housing long-range financial plan. It cost $2.28 million to administer the VUT program in its first year.
Property owners must declare their occupancy status every year, or risk paying the additional tax. The city opened the VUT portal last December for the 2023 calendar year, with a deadline to apply by March 21, 2024. Late declarations were accepted until April 30 but were charged a $250 penalty.