2004 Legislative Session: 5th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE GARY COLLINS
MINISTER OF FINANCE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Community Charter
1 The Community Charter, S.B.C. 2003, c. 26, is amended by adding the following section:
221.1 (1) 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 revised assessment roll, by supplementary assessment roll or on further appeal;
"new exemption provision" means the aspect of section 339 (1) (p) of the Local Government Act, as that provision read after its repeal and replacement by the Budget Measures Implementation Act, 2003, that referred to "dust and particulate matter eliminating equipment" and that is continued by section 220 (1) (q) of this Act;
"previous exemption provision" means the aspect of section 339 (1) (p) of the Local Government Act, as that provision read before its repeal and replacement by the Budget Measures Implementation Act, 2003, that referred to "dust and particulate matter eliminators".
(2) Subject to subsection (3), a dust and particulate matter eliminator is exempt from taxation if the eliminator
(a) was, on final determination under the Assessment Act, exempt for the 2003 taxation year under the previous exemption provision,
(b) was not exempt for the 2004 taxation year under the new exemption provision because it was not dust and particulate matter eliminating equipment, and
(c) continues to be a dust and particulate matter eliminator.
(3) The exemption under subsection (2) does not apply to any increase in assessed value that is attributable to changes to or replacement of the dust and particulate matter eliminator.
Corporation Capital Tax Act, S.B.C. 1992
2 Section 14 (2) of the Corporation Capital Tax Act, S.B.C. 1992, c. 4, as it read on April 1, 1993, is amended by adding "directly" after "Eligible property must be used".
Corporation Capital Tax Act, R.S.B.C. 1996
3 Section 13 (2) of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, as it read on April 21, 1997, is amended by adding "directly" after "Eligible property must be used".
4 The following section is added:
42.1 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Home Owner Grant Act
5 Section 2 (3) of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended by striking out "$525 000" in both places and substituting "$585 000".
6 Section 3 (4) is amended by striking out "$525 000" in both places and substituting "$585 000".
7 Section 4 (4) is amended by striking out "$525 000" in both places and substituting "$585 000".
8 Section 5 (4) is amended by striking out "$525 000" in both places and substituting "$585 000".
Hotel Room Tax Act
9 Section 29 of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is repealed and the following substituted:
29 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Income Tax Act
10 Section 4.32 (1) of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by striking out "by an individual" and substituting "by an individual who was resident in British Columbia on the last day of the taxation year and".
11 Section 4.69 is amended by striking out "by an individual," and substituting "by an individual who was resident in British Columbia on the last day of the taxation year,".
12 Section 4.7 is amended by striking out "by an individual" and substituting "by an individual who was resident in British Columbia on the last day of the taxation year and".
13 Section 4.75 (1) and (2) is amended by striking out "sections 4.3 to 4.65 and 4.67 to 4.7," and substituting "sections 4.3, 4.31, 4.4 to 4.65, 4.67 and 4.68,".
14 Section 4.77 (c) is repealed.
15 Section 97 is amended in paragraph (b) of the definition of "BC qualified expenditure" by striking out "September 1, 2004," and substituting "September 1, 2009,".
Insurance Premium Tax Act
16 Section 1 of the Insurance Premium Tax Act, R.S.B.C. 1996, c. 232, is amended in the definition of "taxpayer" by striking out "or" at the end of paragraph (b) and by adding the following paragraph:
(b.1) a person resident in British Columbia in respect of whom or in respect of whose risk, including, without limitation, risk related to the person's property, employees, directors or officers, a person not resident in British Columbia enters into an insurance contract with an insurer other than a taxable insurer, if
(a) the contract is entered into with the consent of the person resident in British Columbia,
(b) the person resident in British Columbia contributes to the payment of premiums under the contract, or reimburses the person who entered into the contract for the payment of those premiums, or
(c) the person resident in British Columbia and the person who enters into the contract are related persons within the meaning of section 251 of the Income Tax Act (Canada), or .
17 Section 4 is repealed and the following substituted:
4 A taxpayer other than a taxable insurer must pay to the minister a tax equal to 7% of the BC premium paid or payable, or premium note given, or mutual or other liability assumed, under an insurance contract referred to in paragraph (b) or (b.1) of the definition of "taxpayer".
18 Section 6 (2) is amended by striking out "of entering into an insurance contract referred to in paragraph (b) of the definition of "taxpayer"," and substituting "from the date a contract referred to in paragraph (b) or (b.1) of the definition of "taxpayer" was entered into,".
19 The following section is added:
27.1 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Logging Tax Act
20 The Logging Tax Act, R.S.B.C. 1996, c. 277, is amended by adding the following section:
34.1 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Mineral Tax Act
21 The Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by adding the following section:
17.1 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Mining Tax Act
22 The Mining Tax Act, R.S.B.C. 1996, c. 295, is amended by adding the following section:
34.1 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Motor Fuel Tax Act
23 Section 1 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended
(a) by adding the following definitions:
"blend of alternative motor fuel" means a blend of an alternative motor fuel as defined in the regulations; ,
(b) by repealing the definition of "family farm" and substituting the following:
"family farm" means land that
(a) is classified as a farm under the Assessment Act, and
(b) is operated by
(i) an individual,
(ii) individuals who are prescribed family members, or
(iii) a corporation if
(A) the corporation's sole activity is the operation of the land as a farm,
(B) 75% of the voting shares of each class of shares of the corporation that have attached to them the right to vote in the election of the directors are controlled, in the prescribed manner, by individuals who are prescribed family members, and
(C) each of the individuals referred to in clause (B) is actively engaged in operating the land as a farm; ,
(c) in the definition of "gasoline" by adding "a blend of an alternative motor fuel," after "alternative motor fuel,", and
(d) in the definition of "motive fuel" by adding ", a blend of an alternative motor fuel" after "alternative motor fuel".
24 Section 10.1 is amended
(a) in subsection (1) by adding "or a blend of an alternative motor fuel" after "an alternative motor fuel",
(b) by adding the following subsections:
(1.1) A rate established for the purposes of subsection (1) must not exceed
(a) in respect of an alternative motor fuel, the rate set out in section 4 (1) (a) plus the rate set out in section 13,
(b) in respect of a blend of alternative motor fuel purchased outside the Greater Vancouver transportation service region, the rate set out in section 4 (1) (a), or
(c) in respect of a blend of alternative motor fuel purchased inside the Greater Vancouver transportation service region, the rate set out in section 4 (1) (b).
(1.2) In addition to the tax payable under subsection (1) a purchaser of a blend of an alternative motor fuel within an area inside the Greater Vancouver transportation service region must pay to the Greater Vancouver Transportation Authority, at the time of purchase, tax on the fuel at the rates set in the regulations.
(1.3) A rate established for the purposes of subsection (1.2) must not exceed the rate set out in section 4 (1) (c).
(1.4) In addition to the tax payable under subsection (1), a purchaser of a blend of an alternative motor fuel within an area inside the Victoria regional transit service area must pay to the government at the time of purchase, for the raising of revenue for the purposes of the British Columbia Transit Act, tax on the fuel at the rates set out in the regulations.
(1.5) A rate established for the purposes of subsection (1.4) must not exceed the rate set out in section 12.1 (2).
(1.6) In addition to the tax payable under subsection (1) and (1.2) or (1.4), a purchaser of a blend of an alternative motor fuel from a retail dealer within an area prescribed under the Build BC Act must pay to the government, at the time of purchase, for the raising of revenue for the purposes of the BC Transportation Financing Authority established under that Act, tax on the fuel at the rates set by regulation under that Act.
(1.7) A rate established for the purposes of subsection (1.6) must not exceed the rate set out in section 13. ,
(c) in subsections (2) and (3) by adding "or a blend of an alternative motor fuel" after "alternative motor fuel", and
(d) by repealing subsection (4) and substituting the following:
(4) A rate established for the purposes of subsections (2) and (3) must not exceed the rate set out in section 10 (1) (a) plus the rate set out in section 13.
25 Section 12 (1) and (2) is amended by striking out "sections 4 (1) (c) and 10 (1) (c)" and substituting "sections 4 (1) (c), 10 (1) (c) and 10.1 (1.2)".
26 Section 22 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If a person has paid tax imposed under section 4 or 10 in respect of fuel, or under section 10.1 (1) or (1.2) in respect of a blend of an alternative motor fuel, and that fuel is used for a purpose for which coloured fuel is authorized to be used under section 15 (1) (d), (e) or (h) or 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, 10 or 10.1 (1) or (1.2) and the tax that would have been payable under section 5 had the fuel been coloured fuel. , and
(b) in subsection (2) by striking out "section 12.1 or 13" in both places and substituting "section 10.1 (1.4) or (1.6), 12.1 or 13".
27 Section 23 (1) is repealed and the following substituted:
(1) If a person with disabilities who is 16 years of age or older owns or leases a motor vehicle and has paid tax imposed by this Act on fuel used to propel the motor vehicle, the director must pay to the person from the consolidated revenue fund a refund equal to the tax paid during the period January 1 to December 31 up to a maximum of $500.
28 Section 24 is repealed and the following substituted:
24 If a person purchases, for the operation of a private passenger motor vehicle, motive fuel on which tax imposed by section 10 has been paid, or a blend of an alternative motor fuel that contains diesel fuel on which tax imposed by section 10.1 has been paid, the director must pay to the person from the consolidated revenue fund a refund of 0.5¢ per litre purchased.
29 Section 59 is repealed and the following substituted:
59 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
30 Section 71 (2) is amended
(a) in paragraph (o.1) by adding "and blends of alternative motor fuels," after "alternative motor fuels", and
(b) by repealing paragraph (o.2) and substituting the following:
(o.2) subject to section 10.1 (1.1), (1.3), (1.5), or (1.7), prescribing the rates of tax on alternative motor fuels and blends of alternative motor fuels, which may be different for different types of fuel, different uses of fuel, different proportions of fuel or fuel purchased at different locations; .
Property Transfer Tax Act
31 Section 14 of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended
(a) in subsection (1) by adding the following definitions:
"family member" means a Canadian citizen or a permanent resident, as defined in the Immigration and Refugee Protection Act (Canada), who is
(a) a related individual,
(b) a person's sibling, cousin, niece, nephew, aunt or uncle,
(c) the spouse of a person's sibling, cousin, niece, nephew, aunt or uncle, or
(d) the sibling, cousin, niece, nephew, aunt or uncle of a person's spouse;
"sibling" means a sibling who is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);
"spouse" means a spouse who is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada); ,
(b) in subsection (1) in paragraph (a) of the definition of "family farm" by striking out "by one individual or by related individuals" and substituting "by one individual or by family members",
(c) in subsection (1) in paragraph (c) of the definition of "family farm" by striking out "subsection 3 (c) or (d)," and substituting "subsection 3 (c), (c.1), (c.2), (d), (d.1) or (d.2),",
(d) by repealing subsection (3) (a) and substituting the following:
(a) a transfer from a transferor who is not a trustee referred to in paragraph (c) or (d), to a transferee who is
(i) a related individual, a sibling or a spouse of a sibling, if the land transferred is a family farm, or
(ii) a related individual, if the land transferred is a recreational residence; ,
(e) by repealing subsection (3) (c) (ii) and substituting the following:
(ii) the transferee beneficiary was a related individual of the deceased at the time of the deceased's death, and ,
(f) in subsection (3) (c) (iii) (A) by striking out "family farm,",
(g) by repealing subsection (3) (d) (ii) and substituting the following:
(ii) the transferee beneficiary is a related individual of the settlor of the trust, and ,
(h) in subsection (3) (d) (iii) by striking out "a family farm or",
(i) in subsection (3) by adding the following paragraphs:
(c.1) a transfer from a transferor who is a trustee of a deceased's estate or of a trust established under a deceased's will and who is registered in that capacity under the Land Title Act as the trustee of the land transferred to a transferee, if
(i) the transferee is a family farm corporation,
(ii) at the time of the deceased's death, the relationship between the deceased and each other person, if any, who is a shareholder of the family farm corporation was one of the following:
(A) the shareholder was a related individuals of the deceased,
(B) the shareholder was a sibling of the deceased, or
(C) the shareholder is a spouse of a sibling of the deceased, and
(iii) immediately before the deceased's death, the land transferred was the deceased's family farm;
(c.2) a transfer from a transferor who is a trustee of a deceased's estate or of a trust established under a deceased's will and who is registered in that capacity under the Land Title Act as the trustee of the land transferred to a transferee, if
(i) the transferee is a beneficiary of the estate or trust,
(ii) at the time of the deceased's death, the relationship between the deceased and the transferee beneficiary was one of the following:
(A) the transferee was a related individual of the deceased,
(B) the transferee was a sibling of the deceased, or
(C) the transferee was a spouse of a sibling of the deceased;
(iii) immediately before the deceased's death, the land transferred was the deceased's family farm;
(d.1) a transfer from a transferor who is a trustee of a trust that is settled during the lifetime of the settlor and who is registered in that capacity under the Land Title Act as the trustee of the land transferred, if
(i) the transferee is a family farm corporation,
(ii) at the time of the land transfer, the relationship between the settlor of the trust and each other person, if any, who is a shareholder of the family farm corporation is one of the following:
(A) the shareholder is a related individual of the settlor,
(B) the shareholder is a sibling of the settlor, or
(C) the shareholder is a spouse of a sibling of the settlor, and
(iii) the land transferred is the settlor's family farm;
(d.2) a transfer from a transferor who is a trustee of a trust that is settled during the lifetime of the settlor and who is registered in that capacity under the Land Title Act as the trustee of the land transferred, if
(i) the transferee is a beneficiary of the trust,
(ii) the relationship between the settlor of the trust and the transferee beneficiary is one of the following:
(A) the transferee is a related individual of the settlor,
(B) the transferee is a sibling of the settlor, or
(C) the transferee is a spouse of a sibling of the settlor, and
(iii) the land transferred is a family farm; ,
(j) by repealing subsection (3) (e) (ii) and substituting the following:
(ii) the transferee beneficiary is a related individual of the settlor of the trust, ,
(k) by repealing subsection (3) (f) and substituting the following:
(f) a transfer from a transferor to a transferee, if
(i) the transferee is a family farm corporation,
(ii) each of the shareholders of the family farm corporation is
(A) the transferor,
(B) a related individual of the transferor,
(C) a sibling of the transferor, or
(D) a spouse of a sibling of the transferor, and
(iii) the land transferred is a family farm; ,
(l) by repealing subsection (3) (g) and substituting the following:
(g) a transfer from a transferor that is a family farm corporation to a transferee, if the land transferred is a family farm and
(i) the transferee is the sole shareholder of the family farm corporation, or
(ii) the relationship between the transferee and each other person who is a shareholder of the family farm corporation is one of the following:
(A) the transferee is a related individual of that shareholder,
(B) the transferee is a sibling of that shareholder,
(C) the transferee is a sibling of a spouse of that shareholder, or
(D) the transferee is the spouse of a sibling of that shareholder; , and
(m) in subsection (4) by adding the following paragraph:
(p.2) a transfer to the Public Guardian and Trustee, if
(i) the land transferred is to be held in trust by the Public Guardian and Trustee for the sole benefit of a minor,
(ii) the minor is a related individual of the transferor or of the person whose estate is the transferor, and
(iii) the land transferred is a family farm or recreational residence or was the principal residence of the transferor, of the person whose estate is the transferor or of the minor;
(p.3) a transfer from the Public Guardian and Trustee, if
(i) the land transferred was held in trust by the Public Guardian and Trustee for the sole benefit of a minor, and
(ii) the transferee is the beneficiary; .
Social Service Tax Act
32 Section 109 of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is repealed and the following substituted:
109 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Tobacco Tax Act
33 Section 1 of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is amended by adding the following definition:
"retail authorization" means an authorization to sell tobacco held by a person in a class prescribed under section 44 (2) (i), or issued by the director in accordance with a regulation under section 44 (2) (i.i); .
34 Section 2 (2) and (3) is amended by striking out "16¢" and substituting "17.9¢".
35 Section 5 (1) and (3) is amended by striking out "by regulations"and substituting "by a retail authorization".
36 Sections 5, 7, 9 and 23 (1) (d) are amended by striking out "authorization under section 44 (2) (i)" wherever it appears and substituting "retail authorization".
37 Section 6 is amended by adding the following subsection:
(6) The director may refuse to issue a dealer's permit if
(a) the application for the dealer's permit is in respect of a location where an authorization or dealer's permit held by another person was suspended or cancelled by the director under section 7 or 9 of the Act, and
(b) there is evidence satisfactory to the director that the applicant for the dealer's permit is not at arms length from the person referred to in paragraph (a).
38 Section 7 (2) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) suspend the person's dealer's permit or retail authorization for a period of 30 days if
(i) the person sells tobacco from a location where another person previously sold tobacco,
(ii) the other person's dealer's permit or retail authorization was suspended or cancelled, and
(iii) there is evidence satisfactory to the director that the person referred to in subparagraph (i) is not at arms length from the person referred to in subparagraph (ii).
39 Section 7 (3) is amended by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:
(c) cancel the person's dealer's permit or retail authorization if
(i) the person sells tobacco from a location where another person previously sold tobacco,
(ii) the other person's dealer's permit or retail authorization was suspended or cancelled, and
(iii) there is evidence satisfactory to the director that the person referred to in subparagraph (i) is not at arms length from the person referred to in subparagraph (ii).
40 Section 7 (4) (b) is repealed and the following substituted:
(b) give the person an opportunity to show why the dealer's permit or retail authorization should not be cancelled under subsection (3).
41 Section 36 is repealed and the following substituted:
36 (1) In this section, "proceeding" means
(a) an action for the recovery of taxes,
(b) the filing of a certificate,
(c) the making of a demand, and
(d) the registration or enforcement of a lien
under this Act.
(2) A proceeding may be commenced at any time within 7 years after the date of an assessment or re-assessment of the amount claimed in the proceeding.
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
42 Section 37 is amended
(a) in subsection (2) by striking out "The" and substituting "Subject to subsection (2.1), the", and
(b) by adding the following subsection:
(2.1) If a bond is required as a condition of holding a dealer's permit or a retail authorization, the amount of the bond must be the greater of the amount established under subsection (2) or $5 000.
43 Section 44 (2) is amended by adding the following subparagraph:
(i.1) prescribing the circumstances in which the director may issue an authorization to sell tobacco at retail, and establishing limits or conditions on this authorization; .
44 (1) Section 1 is deemed to have come into force on December 31, 2003 for the purposes of the 2004 and subsequent taxation years.
(2) Section 2 is deemed to have come into force on April 1, 1993 and is retroactive to the extent necessary to give it effect on and after that date and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
(3) Section 3 is deemed to have come into force on April 21, 1997 and is retroactive to the extent necessary to give it effect on and after that date and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
(4) Sections 4, 9, 19 to 22, 29, 32 and 41 are deemed to have come into force on February 18, 1998, and are retroactive to the extent necessary to given them effect on and after that date.
(5) Sections 5 to 8, 10 to 14 and 27 are deemed to have come into force on January 1, 2004, and are retroactive to the extent necessary to give them effect on and after that date.
(6) Sections 16 to 18, 23 (b), 31, 33, 35 to 40, 42 and 43 are deemed to have come into force on February 18, 2004, and are retroactive to the extent necessary to give them effect on and after that date.
(7) Sections 23 (a), (c) and (d), 24 to 26, 28 and 30 come into by regulation of the Lieutenant Governor in Council.
(8) Section 34 comes into force on December 20, 2003 and is retroactive to the extent necessary to give it effect on and after that date.
Community Charter
SECTION 1: [Community Charter, section 221.1] provides a continued tax exemption for existing buildings and other structures used for dust and particulate matter elimination that were exempt in 2003 but would otherwise not be exempt as such starting in the 2004 taxation year because they were not dust and particulate matter eliminating equipment.
Corporation Capital Tax Act, S.B.C. 1992
SECTION 2: [Corporation Capital Tax Act, section 14] requires eligible property to be directly used for a listed purpose.
Corporation Capital Tax Act, R.S.B.C. 1996
SECTION 3: [Corporation Capital Tax Act, section 13] requires eligible property to be directly used for a listed purpose.
SECTION 4: [Corporation Capital Tax Act, section 42.1] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re-assessment under the Act.
Home Owner Grant Act
SECTION 5: [Home Owner Grant Act, section 2] increases from $525 000 to $585 000 the value of an eligible residence subject to a reduction of the grant.
SECTION 6: [Home Owner Grant Act, section 3] increases from $525 000 to $585 000 the value of an eligible apartment and housing unit subject to a reduction of the grant.
SECTION 7: [Home Owner Grant Act, section 4] increases from $525 000 to $585 000 the value of an eligible land cooperative residence subject to a reduction of the grant.
SECTION 8: [Home Owner Grant Act, section 5] increases from $525 000 to $585 000 the value of an eligible multi dwelling leased parcel residence subject to a reduction of the grant.
Hotel Room Tax Act
SECTION 9: [Hotel Room Tax Act, section 29] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re- assessment under the Act.
Income Tax Act
SECTION 10: [Income Tax Act, section 4.32] restricts the eligibility for the pension credit to an individual who was resident in B.C. on the last day of the taxation year.
SECTION 11: [Income Tax Act, section 4.69] restricts the eligibility for the dividend tax credit to an individual who was resident in B.C. on the last day of the taxation year.
SECTION 12: [Income Tax Act, section 4.7] restricts the eligibility for the overseas employment tax credit to an individual who was resident in B.C. on the last day of the taxation year.
SECTION 13: [Income Tax Act, section 4.75]
SECTION 14: [Income Tax Act, section 4.77] as a consequence of the amendment to section 4.32 of the Act by this Bill, repeals a reference to the pension credit.
SECTION 15: [Income Tax Act, section 97] extends the period in which a qualified expenditure may be a BC qualified expenditure, with the effect of extending the British Columbia Scientific Research and Experimental Development Tax Credit.
Insurance Premium Tax Act
SECTION 16: [Insurance Premium Tax Act, section 1] expands the meaning of "taxpayer" to include residents of British Columbia who are insured with an unlicensed insurer under an insurance contract entered into by non-residents.
SECTION 17: [Insurance Premium Tax Act, section 4] makes the tax payable under this section apply only to BC premiums rather than any premiums, and adds a reference to the new paragraph added to the definition of "taxpayer" by this Bill.
SECTION 18: [Insurance Premium Tax Act, section 6] is consequential to the amendment to the definition of "taxpayer" by this Bill.
SECTION 19: [Insurance Premium Tax Act, section 27.1] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re-assessment under the Act.
Logging Tax Act
SECTION 20: [Logging Tax Act, section 34.1] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re- assessment under the Act.
Mineral Tax Act
SECTION 21: [Mineral Tax Act, section 17.1] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re- assessment under the Act.
Mining Tax Act
SECTION 22: [Mining Tax Act, section 34.1] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re- assessment under the Act.
Motor Fuel Tax Act
SECTION 23: [Motor Fuel Tax Act, section 1]
(a) adds the definition of a "blend of an alternative motor fuel";
(b) expands the definition of "family farm" to include any corporate structure provided that at least 75% of the shareholders are direct family members actively engaged in farming and the sole activity is farming;
(c) and (d) changes the definitions of "gasoline" and "motive fuel" by removing a blend of an alternative motor fuel.
SECTION 24: [Motor Fuel Tax Act, section 10.1] provides a new tax scheme respecting the taxation of a blend of an alternative motor fuel.
SECTIONS 25 and 26: [Motor Fuel Tax Act, sections 12 and 22] are consequential to the proposed amendments to section 10.1 of the Act.
SECTION 27: [Motor Fuel Tax Act, section 23] increases the limit of the tax refund payable to persons with disabilities to $500 per year and changes the refund period from January 1 to December 31.
SECTION 28: [Motor Fuel Tax Act, section 24] is consequential to the proposed amendments to section 10.1 of the Act.
SECTION 29: [Motor Fuel Tax Act, section 59] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re- assessment under the Act.
SECTION 30: [Motor Fuel Tax Act, section 71] is consequential to the proposed amendments to section 10.1 of the Act.
Property Transfer Tax Act
SECTION 31: [Property Transfer Tax Act, section 14] expands the exemption from property transfer tax for transfers of family farms by
Social Service Tax Act
SECTION 32: [Social Service Tax Act, section 109] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re- assessment under the Act.
Tobacco Tax Act
SECTION 33: [Tobacco Tax Act, section 1] provides a definition of "retail authorization" for the purposes of authorizing persons to sell tobacco at retail under the Act.
SECTION 34: [Tobacco Tax Act, section 2] increases the tax rate on cigarettes from 16 cents to 17.9 cents per cigarette, and from 16 cents to 17.9 cents per gram of tobacco in a form other than cigarettes and cigars.
SECTION 35: [Tobacco Tax Act, section 5] replaces references to an authorization prescribed by regulation to a retail authorization consequential to establishing a definition of retail authorization under section 33 of this Bill.
SECTION 36: [Tobacco Tax Act, sections 5, 7, 9 and 23] brings consistency to the wording of the Act consequential to defining a retail authorization under section 1 of the Act.
SECTION 37: [Tobacco Tax Act, section 6] adds authority for the director to refuse to issue a dealer's permit if the applicant proposes to sell tobacco from a location where another person's permit was suspended or cancelled if the applicant is not at arms length to that other person.
SECTION 38: [Tobacco Tax Act, section 7] adds authority for the director to suspend a dealer's permit or a retail authorization if the holder of the permit or authorization is operating from a location where a permit or authorization was previously cancelled.
SECTION 39: [Tobacco Tax Act, section 7] adds authority for the director to cancel a dealer's permit or a retail authorization if the holder of the permit or authorization is operating from a location where a permit or authorization was previously cancelled.
SECTION 40: [Tobacco Tax Act, section 7] replaces existing provision requiring that a person have the opportunity to refute the basis for a proposed cancellation of a dealer's permit or retail authorization, consequential to amendments under sections 38 and 39 of this Bill.
SECTION 41: [Tobacco Tax Act, section 36] establishes a 7 year limitation period for undertaking collection action, beginning from the date of an assessment or re-assessment under the Act.
SECTION 42: [Tobacco Tax Act, section 37] establishes that the director may require a minimum bond of $5 000 as a condition of issuing a dealer's permit or a retail authorization.
SECTION 43: [Tobacco Tax Act, section 44] establishes the authority to prescribe a retail authorization, as well as limits and conditions for holding this authorization.
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