1997 Legislative Session: 2nd Session, 36th Parliament
THIRD READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 6th day of May, 1997
Ian D. Izard, Law Clerk
ANDREW PETTER
MINISTER OF FINANCE AND
CORPORATE RELATIONS AND
MINISTER RESPONSIBLE FOR
INTERGOVERNMENTAL RELATIONS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Agricultural Credit Act
1 Section 8 of the Agricultural Credit Act, R.S.B.C. 1996, c. 9, is repealed.
Assessment Authority Act
2 Section 17 of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is amended by adding the following subsections:
(5) Each year before December 31, the Minister of Municipal Affairs and Housing may submit a requisition to the authority for the amount required to cover the anticipated costs to the government, for its next fiscal year, of appeals under the Assessment Act to the Courts of Revision and the Assessment Appeal Board.
(6) Subject to subsection (7), the authority must pay the amount requisitioned under subsection (5) to the government in quarterly installments, with the first instalment due on June 30 in the year for which the requisition is made.
(7) The Minister of Municipal Affairs and Housing may require the authority to adjust the final instalment for a fiscal year such that the total amounts paid for the fiscal year cover the actual costs of the appeals referred to in subsection (5) for that fiscal year.
(8) An amount requisitioned under subsection (5), as adjusted under subsection (7), is deemed to be part of the annual operating and capital expenses of the authority for the purposes of this section.
Financial Administration Act
3 The Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by adding the following:
11.1 (1) In this section, "staff" means those individuals employed by the government whose salaries are paid directly out of an appropriation.
(2) When the Minister of Finance and Corporate Relations presents the estimates of revenue and expenditure for a fiscal year to the Legislative Assembly, the minister must also present a schedule showing authorized staff utilization for that fiscal year.
(3) Total actual staff utilization for a fiscal year must not exceed authorized staff utilization set out in the estimates of revenue and expenditure for that year, except with the approval of the Lieutenant Governor in Council.
(4) The public accounts for a fiscal year must include a schedule showing actual staff utilization for that fiscal year.
4 Section 23 (6) to (8) is repealed.
5 Section 48 (2) (c) is amended by adding "except for management fees or financial services fees deducted in relation to expenditures incurred by the office of the chief investment officer" after "section 47 (4) to (6)".
Fire Services Act
6 Section 37 of the Fire Services Act, R.S.B.C. 1996, c. 144, is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section:
"commissioner" means commissioner as defined in the Insurance Premium Tax Act;
"property insurance" means insurance against the loss of, or damage to, property but does not include aircraft insurance, automobile insurance or hail insurance within the meaning of the Insurance Companies Act (Canada). , and
(b) in subsection (2) by striking out "policies insuring property against a fire hazard located in British Columbia, other than automobiles," and substituting "policies of property insurance, in respect of property located in British Columbia,".
Grazing Enhancement Special Account Act
7 Section 5 of the Grazing Enhancement Special Account Act, R.S.B.C. 1996, c. 175, is repealed and the following substituted:
5 This Act, except section 6, is repealed on March 31, 2005.
Hotel Room Tax Act
8 Section 17 of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is amended
(a) by adding the following subsection:
(3.1) If it appears from an inspection, audit or examination or from other information available to the director that a person has received a refund of tax under this Act that was in excess of the refund amount that was due to the person, the director must make an assessment against the person in an amount equal to the excess amount refunded plus interest at the rate prescribed by the Lieutenant Governor in Council. ,
(b) in subsection (4) by striking out "subsection (3) (b)" and substituting "subsection (3) (b) or (3.1)", and
(c) in subsection (9) by striking out "subsection (3)" and substituting "subsection (3) or (3.1)".
9 Section 18 (1) (b) is amended by striking out "17 (3)" and substituting "17 (3) or (3.1)".
Industrial Development Incentive Act
10 Section 3 (2) (b) of the Industrial Development Incentive Act, R.S.B.C. 1996, c. 221, is amended by striking out "$400 million." and substituting "$450 million."
Insurance Premium Tax Act
11 Sections 17 (1) and 18 (3) of the Insurance Premium Tax Act, R.S.B.C. 1996, c. 232, is amended by striking out "60" wherever it appears and substituting "90".
Local Government Grants Act
12 Section 2 of the Local Government Grants Act, R.S.B.C. 1996, c. 275, is repealed.
13 Section 3 is repealed and the following substituted:
3 Without limiting section 1, the amount of a class of unconditional grants may be determined on the basis of one or more of the following, as prescribed by regulation, but subject to any minimum or maximum prescribed by regulation:
(a) a fixed amount for each municipality or regional district;
(b) the population of a municipality or regional district;
(c) the total annual expenditures or revenues of a municipality or regional district;
(d) the converted value of land and improvements within a municipality or regional district, within the meaning of section 820 of the Municipal Act;
(e) any other prescribed basis.
14 Section 6 is repealed and the following substituted:
6 At least annually, the minister must consult with representatives of the Union of British Columbia Municipalities regarding the amount and the administration of grants under this Act.
15 Section 7 (2) is amended
(a) by repealing paragraph (d) and substituting the following:
(d) specifying conditions on which a grant may be paid and making a grant subject to further conditions specified by the minister; , and
(b) by repealing paragraph (h).
Logging Tax Act
16 Sections 23 (2) and 24 (3) of the Logging Tax Act, R.S.B.C. 1996, c. 277, is amended by striking out "60" and substituting "90".
Mining Tax Act
17 Sections 23 (1) and 24 (3) of the Mining Tax Act, R.S.B.C. 1996, c. 295, is amended by striking out "60" and substituting "90".
Motor Fuel Tax Act
18 The definition of "coloured fuel" in section 1 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by adding "and" at the end of paragraph (a) and by repealing paragraph (b).
19 The following section is added:
3.1 (1) Subject to subsection (2), alcohol based fuel and compressed natural gas are deemed to be liable to be taxed under this Act.
(2) Fuel described in subsection (1) is exempt from tax payable under this Act when purchased to propel a motor vehicle.
20 Section 9 (e) is repealed and the following substituted:
(e) if the natural gas is used or purchased for use in a stationary internal combustion engine that compresses gas or pumps oil for transmission through pipes, 1.9¢ on every 810.32 litres, at standard reference conditions, of natural gas used or purchased by the person, .
21 Section 22 (1) is repealed and the following substituted:
(1) If a person has paid tax imposed under section 4 or 10 in respect of fuel used for a purpose for which coloured fuel is authorized to be used under section 15 (1) (d), (e) or (h) or in respect of fuel used in a family farm truck while being operated internationally for the purpose specified in section 15 (1) (j), the director must pay to that person from the consolidated revenue fund a refund equal to the difference between the tax paid on the fuel under section 4 or 10 and the tax that would have been payable under section 5 had the fuel been coloured fuel.
22 Section 43 is amended by adding the following subsection:
(2.1) If it appears from an inspection, audit or examination or from other information available to the director that a person has received a refund of tax under this Act that was in excess of the refund amount that was due to the person, the director must make an assessment against the person in an amount equal to the excess amount refunded plus interest at the rate prescribed by the Lieutenant Governor in Council.
Municipal Act
23 Section 339 of the Municipal Act, R.S.B.C. 1996, c. 323, is amended
(a) by repealing subsection (1) (q) and substituting the following:
(q) to the extent established by subsection (3), land and improvements that were exempted for the 1996 taxation year under a pollution abatement provision, if
(i) the land and improvements were exempted under that provision for the 1996 taxation year on final determination under the Assessment Act, and
(ii) as applicable,
(A) for an exemption in relation to land only, the land continues to be exclusively or primarily used for the purpose of abating pollution,
(B) for an exemption in relation to improvements only, the improvements continue to be exclusively or primarily used for the purpose of abating pollution, or
(C) for an exemption in relation to land and improvements, the land and improvements continue to be exclusively or primarily used for the purpose of abating pollution; , and
(b) by adding the following subsections:
(3) The amount of an exemption under subsection (1) (q) for a taxation year is limited to the portion of the assessed value of land and improvements that is the least of the following:
(a) the portion that the assessment commissioner, in his or her discretion, determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;
(b) the portion that was exempted for pollution abatement purposes for the immediately preceding taxation year on final determination under the Assessment Act;
(c) the portion that was exempted for the 1996 taxation year on final determination under the Assessment Act.
(4) In this section,
"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by supplementary assessment roll, by correction of a Court of Revision, on complaint to a Court of Revision or on further appeal;
"pollution abatement provision" means section 339 (1) (q) of this Act, section 15 (1) (s) of the Taxation (Rural Area) Act or section 396 (1) (e.01) of the Vancouver Charter, as those provisions read before their repeal and replacement by the Budget Measures Implementation Act, 1997.
Property Transfer Tax Act
24 Section 14 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by repealing the definition of "family farm corporation" and substituting the following:
"family farm corporation" means a corporation of which the principal activity is farming farm land; .
25 Section 14 (3) is amended
(a) in paragraph (f) (i) by adding "is the sole shareholder or" after "the transferor", and
(b) in paragraph (g) (i) by adding "is the sole shareholder or" after "the transferee".
Public Service Labour Relations Act
26 Section 1 (1) of the Public Service Labour Relations Act, R.S.B.C. 1996, c. 388, is amended in paragraph (q) of the definition of "employee" by adding "the Office of the Chief Investment Officer," after "the Treasury Board Staff Division,".
Shelter Aid for Elderly Renters Act
27 Section 2 (5) of the Shelter Aid for Elderly Renters Act, R.S.B.C. 1996, c. 424, is repealed and the following substituted:
(5) The eligibility committee may delegate its powers, duties and functions to persons who are appointed to administer this Act.
28 Section 5 is repealed and the following substituted:
5 The employees required for the administration of this Act may be appointed.
Social Service Tax Act
29 Section 80 (1) (a) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by striking out "$1" and substituting "$10".
30 Section 115 is amended by adding the following subsection:
(4.1) If it appears from an inspection, audit or examination or from other information available to the commissioner that a person has received a refund of tax under this Act that was in excess of the refund amount that was due to the person, the commissioner must make an assessment against the person in an amount equal to the excess amount refunded plus interest at the rate prescribed by the Lieutenant Governor in Council.
31 Section 118 (1) (b) is amended by striking out "115 (1) or (2)," and substituting "115 (1), (2) or (4.1),".
South Moresby Implementation Account Act
32 Section 2 (2) (a) of the South Moresby Implementation Account Act, R.S.B.C. 1996, c. 435, is repealed.
Taxation (Rural Area) Act
33 Section 15 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended
(a) by repealing subsection (1) (s) and substituting the following:
(s) to the extent established by subsection (3), land and improvements that were exempted for the 1996 taxation year under a pollution abatement provision, if
(i) the land and improvements were exempted under that provision for the 1996 taxation year on final determination under the Assessment Act, and
(ii) as applicable,
(A) for an exemption in relation to land only, the land continues to be exclusively or primarily used for the purpose of abating pollution,
(B) for an exemption in relation to improvements only, the improvements continue to be exclusively or primarily used for the purpose of abating pollution, or
(C) for an exemption in relation to land and improvements, the land and improvements continue to be exclusively or primarily used for the purpose of abating pollution; ,
(b) by repealing subsection (3) and substituting the following:
(3) The amount of an exemption under subsection (1) (s) for a taxation year is limited to the portion of the assessed value of land and improvements that is the least of the following:
(a) the portion that the assessment commissioner, in his or her discretion, determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;
(b) the portion that was exempted for pollution abatement purposes for the immediately preceding taxation year on final determination under the Assessment Act;
(c) the portion that was exempted for the 1996 taxation year on final determination under the Assessment Act. , and
(c) by adding the following subsection:
(5) In this section,
"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by supplementary assessment roll, by correction of a Court of Revision, on complaint to a Court of Revision or on further appeal;
"pollution abatement provision" means section 15 (1) (s) of this Act, section 339 (1) (q) of the Municipal Act or section 396 (1) (e.01) of the Vancouver Charter, as those provisions read before their repeal and replacement by the Budget Measures Implementation Act, 1997.
Tobacco Tax Act
34 Section 2 (3) of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is amended by striking out "8.4¢" and substituting "11¢".
35 Section 22 is amended
(a) by adding the following subsection:
(2.1) If, on the basis of an inspection, audit or examination under section 21 or from other information available to the director, it appears that a person has received a refund of tax under this Act that was in excess of the refund amount that was due to the person, the director must make an assessment against the person in an amount equal to the excess amount refunded plus interest at the rate prescribed by the Lieutenant Governor in Council. ,
(b) in subsection (7) by striking out "subsection (1) or (2)," and substituting "subsection (1), (2) or (2.1),", and
(c) in subsection (8) by striking out "under subsection (1)" and substituting "under subsection (1) or (2.1)".
Vancouver Charter
36 Section 396 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended
(a) by repealing subsection (1) (e.01) and substituting the following:
(e.01) To the extent established by subsection (3), land and improvements that were exempted for the 1996 taxation year under a pollution abatement provision, if
(i) the land and improvements were exempted under that provision for the 1996 taxation year on final determination under the Assessment Act, and
(ii) as applicable,
(A) for an exemption in relation to land only, the land continues to be exclusively or primarily used for the purpose of abating pollution,
(B) for an exemption in relation to improvements only, the improvements continue to be exclusively or primarily used for the purpose of abating pollution, or
(C) for an exemption in relation to land and improvements, the land and improvements continue to be exclusively or primarily used for the purpose of abating pollution; , and
(b) by adding the following subsections:
(3) The amount of an exemption under subsection (1) (e.01) for a taxation year is limited to the portion of the assessed value of land and improvements that is the least of the following:
(a) the portion that the assessment commissioner, in his or her discretion, determines is attributable to the use of pollution abatement for that taxation year, subject to final determination under the Assessment Act;
(b) the portion that was exempted for pollution abatement purposes for the immediately preceding taxation year on final determination under the Assessment Act;
(c) the portion that was exempted for the 1996 taxation year on final determination under the Assessment Act.
(4) In this section,
"final determination under the Assessment Act" means a determination on the assessment roll for a taxation year, subject to any change that is finally determined under the Assessment Act by supplementary assessment roll, by correction of a Court of Revision, on complaint to a Court of Revision or on further appeal;
"pollution abatement provision" means section 396 (1) (e.01) of this Act, section 339 (1) (q) of the Municipal Act or section 15 (1) (s) of the Taxation (Rural Area) Act, as those provisions read before their repeal and replacement by the Budget Measures Implementation Act, 1997.
37 (1) Despite section 17 (5) of the Assessment Authority Act, the Minister of Municipal Affairs and Housing may submit a requisition to the British Columbia Assessment Authority, at any time before the end of the fiscal year ending March 31, 1998, for the amount required to cover the costs to the government for that fiscal year of appeals under the Assessment Act to the Courts of Revision and the Assessment Appeal Board.
(2) Section 17 (6) to (8) of the Assessment Authority Act applies in relation to an amount requisitioned under this section as if it were an amount requisitioned under section 17 (5) of that Act.
38 The Insurance Corporation of British Columbia must pay to the Minister of Finance and Corporate Relations in the 1997-98 fiscal year, as a recovery to the Ministry Operations Vote of the Ministry of Transportation and Highways, the costs, net of the amount appropriated under the Motor Vehicles subvote, reported by the Minister of Transportation and Highways as having been incurred by that ministry during that fiscal year for programs under the Motor Vehicle Act promoting and improving highway safety.
39 The Lieutenant Governor in Council may, by regulation, transfer to the British Columbia Housing Management Commission assets of the government, consisting of accounts receivable by the government and provision for doubtful accounts, in relation to the program operated under the Shelter Aid for Elderly Renters Act.
40 (1) Section 6 is deemed to have come into force on January 1, 1997 and is retroactive to the extent necessary to give it effect for the purposes of the 1997 calendar year.
(2) Sections 23, 33 and 36 are deemed to have come into force on January 1, 1997 and are retroactive to the extent necessary to give them effect for the purposes of the 1997 taxation year.
(3) Sections 27 and 28 are deemed to have come into force on March 3, 1997 and are retroactive to the extent necessary to give them effect on and after that date.
(4) Sections 8, 9, 11, 16, 17, 20 to 22, 24, 25, 29 to 31, 34 and 35 are deemed to have come into force on March 26, 1997 and are retroactive to the extent necessary to give them effect on and after that date.
(5) Section 32 is deemed to have come into force on March 31, 1997 and is retroactive to the extent necessary to give it effect on and after that date.
(6) Sections 3, 4, 12 to 15, 18 and 19 are deemed to have come into force on April 1, 1997 and are retroactive to the extent necessary to give them effect on and after that date.
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