1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
MINISTER OF FINANCE AND
CORPORATE RELATIONS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 97 of the Company Act, R.S.B.C. 1979, c. 59, is repealed and the following substituted:
97 (1) Subject to subsection (2), sections 96 to 107 apply to a trust indenture, whether entered into before or after October 1, 1973, for any of the debentures outstanding or guaranteed thereunder, unless the sale by the issuer of the debentures secured by the trust indenture is exempt from registration under section 31 (2) (2), (3) or (4) of the Securities Act or any comparable provision of a former Securities Act.
(2) On application by an interested person or on the superintendent's own motion, the superintendent may make an order, subject to the terms and conditions the superintendent considers appropriate, exempting a trust indenture or a class of trust indentures from one or more of the provisions of sections 96 to 107 where the superintendent considers that to do so would not be prejudicial to the public interest.
2 Schedule 1 of the Financial Information Act, S.B.C. 1985, c. 8, is amended by striking out the following:
Municipal Act, sections 854, 855 and 856;
3 Schedule 2 is amended by striking out the following:
Forest Research Council of British Columbia Metro Transit Operating Company .
4 Section 1 of the Hotel Room Tax Act, R.S.B.C. 1979, c. 183, is amended by adding the following definition:
"assessment" includes reassessment; .
5 Section 2 is amended by adding the following subsection:
(4) Where the minister is of the opinion that the purchase price attributed to accommodation by the operator does not represent the fair market value of the accommodation, the minister may determine an appropriate taxable value and the purchase price of the accommodation for the purpose of taxation under this Act shall be the taxable value determined by the minister.
6 Section 6.3 is repealed and the following substituted:
6.3 (1) In order to claim a refund under this Act, a person shall
(a) submit to the director an application in writing signed by the person who paid the amount claimed, and
(b) provide sufficient evidence to satisfy the director that the person who paid the amount is entitled to the refund.
(2) For the purposes of subsection (1) (a), where the person who paid the amount claimed is a corporation, the application shall be signed by a director or authorized employee of the corporation.
7 Section 6.4 is repealed and the following substituted:
6.4 (1) Notwithstanding section 13 of the Financial Administration Act,
(a) no refund of less than $10 shall be made, and
(b) no refund shall be made on a claim for a refund made more than 6 years after the date on which the tax was paid.
(2) Notwithstanding the Limitation Act, no action for a refund of tax paid in error, other than an error that is a mistake of law, shall be brought more than 6 years after the date on which the tax was paid.
8 The following section is added:
6.5 (1) No person has a right of action or other remedy against Her Majesty for the recovery of money paid as tax by mistake of law except by way of subsection (2) and by appeal under sections 11 and 12.
(2) A person who has paid money as tax by mistake of law may apply to the director for a refund of that money within
(a) 6 years after the money was paid, if it was paid by an individual in respect of accommodation for the use of that individual, or
(b) 6 months after the money was paid, in any other case.
(3) Where the director is satisfied that a person who applies under subsection (2) has paid money as tax by mistake of law, the director shall refund out of the consolidated revenue fund to the person the amount paid by mistake.
(4) This section applies also to money paid as tax by mistake of law before the day this section comes into force.
9 Section 11 (1) (a) is repealed and the following substituted:
(a) a decision of the director under section 2 (2), 2.1 (4), 6.2 or 6.5 (3), .
10 Section 12 (1) is repealed and the following substituted:
(1) A decision of the minister under section 2 (4) or 11 (4) may be appealed to the Supreme Court by way of originating application.
11 Section 34 (1) is amended by striking out "and" after paragraph (e), by adding "; and" after paragraph (f) and by adding the following paragraph:
(g) prescribing the method by which a purchase price may be attributed to accommodation that is sold as part of a combination of accommodation, meals and specialized services.
12 The Housing and Employment Development Financing Act, S.B.C. 1982, c. 34, is repealed.
13 On the repeal of the Act
(a) the British Columbia Housing and Employment Development Financing Authority is dissolved and disestablished,
(b) all of the rights, property and assets of the authority are transferred to and vested in the government, and
(c) all of the debts, liabilities, obligations and covenants of the authority are transferred to and vested in the government.
14 Money required to be paid in respect of the debts, liabilities, obligations and covenants transferred to and vested in the government by section 13 (c) shall be paid out of the consolidated revenue fund.
Insurance Premium Tax Act
15 Section 1 of the Insurance Premium Tax Act, R.S.B.C. 1979, c. 205, is amended
(a) by adding the following definitions:
"insurance business" has the same meaning as under the Financial Institutions Act;
"insurer" means an individual, corporation or other entity carrying on insurance business; ,
(b) by repealing the definition of "taxable insurer" and substituting the following:
"taxable insurer" means
(a) an insurer that has a business authorization under the Financial Institutions Act to carry on insurance business,
(b) a prescribed insurer, or
(c) a member of a prescribed class of insurers; , and
(c) by repealing paragraph (b) of the definition of "taxpayer" and substituting the following:
(b) a person resident in British Columbia who enters into an insurance contract with an insurer other than a taxable insurer.
16 Section 1 of the Motor Fuel Tax Act, S.B.C. 1985, c. 76, is amended by adding the following definition:
"assessment" includes reassessment; .
17 Section 20 is repealed and the following substituted:
20 (1) In order to claim a refund under this Act, a person shall
(a) submit to the director an application in writing signed by the person who paid the amount claimed, and
(b) provide sufficient evidence to satisfy the director that the person who paid the amount is entitled to the refund.
(2) For the purposes of subsection (1) (a), where the person who paid the amount claimed is a corporation, the application shall be signed by a director or authorized employee of the corporation.
18 Section 21 is repealed and the following substituted:
21 (1) Notwithstanding section 13 of the Financial Administration Act,
(a) no refund of less than $10 shall be made, and
(b) no refund shall be made on a claim for a refund made more than 6 years after the date on which the amount claimed was paid.
(2) Notwithstanding the Limitation Act, no action for a refund of tax paid in error or an amount equal to tax paid in error, other than an error that is a mistake of law, shall be brought more than 6 years after the date on which the amount claimed was paid.
19 The following section is added:
21.1 (1) No person has a right of action or other remedy against Her Majesty for the recovery of money paid as tax by mistake of law or as an amount equal to tax by mistake of law except by way of subsection (2) and by appeal under sections 39 and 40.
(2) A person who has paid money as tax by mistake of law or as an amount equal to tax by mistake of law may apply to the director for a refund of that money within
(a) 6 years after the money was paid, if it was paid by an individual in respect of motor fuel for the use of that individual, or
(b) 6 months after the money was paid, in any other case.
(3) Where the director is satisfied that a person who applies under subsection (2) has paid money as tax by mistake of law or as an amount equal to tax by mistake of law, the director shall refund out of the consolidated revenue fund to the person the amount paid by mistake.
(4) This section applies also to money paid as tax by mistake of law or as an amount equal to tax by mistake of law before the day this section comes into force.
20 The following section is added:
22.1 (1) Subject to this section, the director may by notice delivered to a collector appointed under section 22 (1) (a) or 24 (2) cancel that collector's appointment.
(2) The power conferred under subsection (1) is exercisable where
(a) the director is satisfied that the collector knowingly gave false information on an application for the appointment, or
(b) the collector refuses or neglects to comply with
(i) a provision of this Act or the regulations,
(ii) a provision of the agreement referred to in section 22 (1) (b), or
(iii) a condition specified by the director under section 24 (2).
(3) Before cancelling an appointment under subsection (1), the director shall give the collector notice of the reasons for the proposed cancellation and an opportunity to show the director why the appointment should not be cancelled.
(4) Cancellation of an appointment takes effect on the later of
(a) the date that notice of it is delivered to the collector, or
(b) the date stated in the notice.
(5) A cancellation of appointment under this section does not relieve a collector from any liability.
21 Section 39 (1) is repealed and the following substituted:
(1) An appeal to the minister lies from a decision of the director respecting
(a) a refund under section 15, 16, 17, 18, 19 or 21.1 (3),
(b) a cancellation of an appointment of a collector under section 22.1, and
(c) an estimate, assessment or imposition under sections 31 to 34 and 37.
22 Section 1 (1) of the Social Service Tax Act, R.S.B.C. 1979, c. 388, is amended by adding the following definition:
"assessment" includes reassessment; .
23 Section 2 (4.04) is amended by striking out "a vehicle referred to in subsection (4.03) (a)" and substituting "a vehicle referred to in subsection (4.03) (b) (i)".
24 Section 2 (4.013) (c) and (d) is repealed and the following substituted:
(c) for tangible personal property described in subsection (4.03) (b) (i) or referred to in subsection (4.04), on the date the vehicle is required to be licensed to operate in the Province for the use referred to in subsection (4.03),
(d) for tangible personal property described in subsection (4.03), other than that referred to in paragraph (c), within 15 days, or other prescribed period, after the last day of the month in which the property is brought or sent into, or is delivered in, the Province, .
25 Section 2 is amended by adding the following subsection:
(4.015) If a person is liable to pay additional tax in respect of a vehicle by reason of an adjustment in accordance with subsection (4.07), any other person who, during the time to which the additional tax relates, had
(a) management of the vehicle while it was in the Province, or
(b) the right to determine the utilization of the vehicle while it was in the Province
shall be jointly and severally liable for the additional tax with any other person liable for that tax.
26 Section 2 (4.2) is repealed.
27 Section 2.1 is amended by adding the following subsections:
(3.02) If more tax is required to be paid when tax calculated under subsection (3) is adjusted in accordance with section 2 (4.07), the additional tax is payable within 15 days, or other prescribed period, after the date the tax is adjusted.
(3.03) If a person is liable to pay additional tax in respect of a vehicle by reason of an adjustment in accordance with section 2 (4.07), any other person who, during the time to which the additional tax relates, had
(a) management of the vehicle while it was in the Province, or
(b) the right to determine the utilization of the vehicle while it was in the Province
shall be jointly and severally liable for the additional tax with any other person liable for that tax.
28 Section 2.1 (3.1) is repealed.
29 Section 3.1 is repealed.
30 Section 39 is amended
(a) by repealing subsection (2) (b) and substituting the following:
(b) no refund shall be made on a claim for a refund made more than 6 years after the date on which the tax was paid. , and
(b) by repealing subsection (2.2).
31 Section 39.1 is amended
(a) by repealing subsection (2) and substituting the following:
(2) A person who has paid money as tax by mistake of law may apply to the commissioner for a refund of that money within
(a) 6 years after the money was paid, if it was paid by an individual in respect of tangible personal property for the sole, personal consumption or use of that individual, or
(b) 6 months after the money was paid, in any other case. ,
(b) by repealing subsection (4), and
(c) in subsection (5) by striking out "the day this Act receives first reading in the Legislative Assembly" and substituting "July 24, 1990".
32 Section 1 of the Tobacco Tax Act, R.S.B.C. 1979, c. 404, is amended by adding the following definition:
"assessment" includes reassessment; .
33 Section 8.2 is repealed and the following substituted:
8.2 (1) In order to claim a refund under this Act, a person shall
(a) submit to the director an application in writing signed by the person who paid the amount claimed, and
(b) provide sufficient evidence to satisfy the director that the person who paid the amount is entitled to the refund.
(2) For the purposes of subsection (1) (a), where the person who paid the amount claimed is a corporation, the application shall be signed by a director or authorized employee of the corporation.
34 Section 8.3 is repealed and the following substituted:
8.3 (1) Notwithstanding section 13 of the Financial Administration Act,
(a) no refund of less than $10 shall be made, and
(b) no refund shall be made on a claim for a refund made more than 6 years after the date on which the amount claimed was paid.
(2) Notwithstanding the Limitation Act, no action for a refund of tax paid in error or an amount equal to tax paid in error, other than an error that is a mistake of law, shall be brought more than 6 years after the date on which the amount claimed was paid.
35 The following section is added:
8.4 (1) No person has a right of action or other remedy against Her Majesty for the recovery of money paid as tax by mistake of law or as an amount equal to tax by mistake of law except by way of subsection (2) and by appeal under sections 10 and 11.
(2) A person who has paid money as tax by mistake of law or as an amount equal to tax by mistake of law may apply to the director for a refund of that money within
(a) 6 years after the money was paid, if it was paid by an individual in respect of tobacco for the personal consumption of that individual, or
(b) 6 months after the money was paid, in any other case.
(3) Where the director is satisfied that a person who applies under subsection (2) has paid money as tax by mistake of law or as an amount equal to tax by mistake of law, the director shall refund out of the consolidated revenue fund to the person the amount paid by mistake.
(4) This section applies also to money paid as tax by mistake of law or as an amount equal to tax by mistake of law before the day this section comes into force.
36 Section 10 (1) (d) is repealed and the following substituted:
(d) a decision of the director respecting a refund under section 5.1 (3), 8.1 or 8.4 (3), .
37 Sections 12 to 15 come into force by regulation of the Lieutenant Governor in Council.
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