BILL NO. 36

(as introduced)

3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Government Bill

Financial Measures (2003) Act

The Honourable Neil J. LeBlanc
Minister of Finance

First Reading: April 17, 2003

(Explanatory Notes)

Second Reading: May 5, 2003

Third Reading: May 22, 2003 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2 enables the Governor in Council to make regulations respecting fees under the Apprenticeship and Trades Qualifications Act.

Clauses 3 to 9 and 13 extend the equity tax credit to December 31, 2006, and update and revise the Equity Tax Credit Act.

Clauses 10 to 12 extend the labour-sponsored venture-capital tax credit to December 31, 2004.

Subclause 14(1) removes a reference to the former Planning Act and substitutes references to certain provisions of the Municipal Government Act.

Subclause 14(2) provides that a by-law made pursuant to the Municipal Government Act does not apply to a casino to the extent that the Governor in Council determines if, as a result of the by-law, the operator of the casino has notified the Nova Scotia Gaming Corporation that an "Operator Termination Event" has occurred under the agreement between the operator and the Corporation.

Clause 15 implements a 10% reduction in personal income tax.

Clause 16 increases the deduction available with respect to family caregivers.

Clause 17 implements the Nova Scotia Taxpayer Refund.

Clause 18 makes housekeeping and technical changes in the foreign tax deductions provisions as requested by Canada Customs and Revenue Agency.

Clause 19 increases the maximum equity tax credit from $9,000 to $15,000.

Clause 20 makes technical changes in the research and development tax credit provisions as requested by Canada Customs and Revenue Agency.

Clause 21 clarifies the application of the film industry tax credit.

Clauses 22 and 23 extend the tax on large corporations from March 31, 2004, to March 31, 2006.

Clause 24 changes the grant to be paid by Nova Scotia Power Incorporated by decreasing the amount to be paid in June 2003, and increasing the amount to be paid in June 2004.

Clause 25 repeals the clause in the Public Service Act that includes the Workers' Compensation Board of Nova Scotia in the definition of "government agency".

Clause 26 repeals the subclause in the Public Service Act that includes the Workers' Compensation Board of Nova Scotia in the definition of the "public service".

Clause 27 adds a new Section to the Public Service Act that gives the Public Service Commission power to provide direction to the Workers' Compensation Board of Nova Scotia respecting collective bargaining and general compensation levels for non-bargaining unit employees.

Clause 28 increases the tax on cigarettes effective January 9, 2003.

Clause 29 repeals provisions in the Revenue Act relating to penalties for any contravention of Part I of the Act and substitutes separate minimum penalty provisions for

(a) a consumer or purchaser who contravenes Part I;

(b) an agent, wholesaler or vendor who contravenes Part I; or

Clause 30 adds a new category to the Section in the Summary Proceedings Act that sets out the penalties for offences identified by categories.

Clause 31 sets out the effective dates for certain changes made in this Bill.

An Act Respecting Certain
Financial Measures

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Financial Measures (2003) Act.

PART I

APPRENTICESHIP AND TRADES QUALIFICATIONS ACT

2 (1) Clause 41(1)(aa) of Chapter 17 of the Revised Statutes, 1989, the Apprenticeship and Trades Qualifications Act, is repealed and the following clause substituted:

(aa) respecting fees, including prescribing fees and requiring the payment of fees;

(2) Section 41 of Chapter 17 is further amended by adding immediately after subsection (3) the following subsection:

(4) A regulation made pursuant to clause (aa) of subsection (1) may be made retroactive to the first day of April, 2003.

PART II

EQUITY TAX CREDIT ACT

3 Section 2 of Chapter 3 of the Acts of 1993, the Equity Tax Credit Act, as amended by Chapter 2 of the Acts of 1995, Chapter 3 of the Acts of 1997, Chapter 4 of the Acts of 2000 and Chapter 3 of the Acts of 2001, is further amended by

(a) adding "or a specified investment business employing directly or indirectly with an affiliated corporation five or more people" immediately after "(Canada)" in the fourth line of clause (a);

(b) adding "taxable" immediately after "a" in the first line of clause (f);

(d) striking out "2003" in the third line of subclause h(ii) and substituting "2006";

(e) striking out "2003" in the fifth line of clause (j) and substituting "2006"; and

(f) adding "that is not an issue permitted under the Nova Scotia Securities Commission Multilateral Investment 45-103 Offering Memorandum Exemption" immediately after "corporation" in the last line of subclause (k)(iv).

4 Section 4 of Chapter 3 is repealed and the following Section substituted:

4 The criteria referred to in Section 3 for eligibility of a corporation or association for registration are

(a) in the case of a corporation, that the corporation has authorized capital consisting of at least one class of voting equity shares;

(b) that at least twenty-five per cent of salaries and wages are paid in the Province;

(d) that the corporation or association has assets calculated in the prescribed manner of less than twenty-five million dollars, including assets of its affiliated companies or associations;

(e) that the corporation or association has revenues of less than twenty-five million dollars, including revenues of its affiliated companies or associations;

(f) that all or substantially all of the fair market value of the property of the corporation or association is attributable to property used in an active business or shares of a corporation or association that would, if it made application pursuant to this Act, be an eligible business;

(g) in the case of an association, that the association undertakes or carries on business or operations in any activity prescribed by regulation;

(h) that the corporation or association is not a business incorporated for the professional practice of an accountant, dentist, lawyer, medical doctor, veterinarian or chiropractor;

(i) that none of the officers and directors of the corporation or association are officers or directors of any other corporation or association that is currently not in compliance with this Act or the regulations.

5 (1) Subsection 6(1) of Chapter 3, as amended by Chapter 3 of the Acts of 1997, Chapter 4 of the Acts of 2000 and Chapter 3 of the Acts of 2001, is further amended by

(a) striking out "2003" in the seventh line of clause (a) and substituting "2006"; and

(b) adding immediately after clause (c) the following clauses:

(ca) the eligible business relocates out of the Province unless it would otherwise continue to qualify for registration;

(cb) the eligible business sells assets whose original book value of purchase when deducted from the total book value of the assets of the eligible business impinges on the capital raised under this Act;

(2) Section 6 of Chapter 3 is further amended by adding immediately after subsection (3) the following subsection:

6 Section 7 of Chapter 3, as amended by Chapter 2 of the Acts of 1995 and Chapter 4 of the Acts of 2000, is further amended by adding "or affiliates" immediately after "business" in the first line.

7 Section 9 of Chapter 3 is amended by adding immediately after subsection (2) the following subsections:

(3) Where an eligible business has repurchased shares in a transaction not permitted by this Act or the regulations, the eligible business shall withhold the amount of the credit and remit it along with details of the transaction to the Minister.

(4) Where an eligible business has repurchased shares in a transaction not permitted by this Act or the regulations in the event of a conversion of a registered retirement savings plan to a registered retirement investment fund or annuity, the eligible business shall withhold a monthly prorated amount of the credit and remit it to the Minister.

8 Clause 12(b) of Chapter 3 is repealed and the following clause substituted:

(b) in the case of a corporation, that the corporation has authorized capital consisting of at least one class of voting equity shares;

9 Subsection 13A(1) of Chapter 3 is repealed and the following subsection substituted:

(1) Twenty per cent of the amount invested in eligible investments of a community economic-development corporation shall be guaranteed by the Province if the following conditions are met:

(a) annual reports as required under Section 20 are filed in a timely fashion;

(b) the investment requirements of the regulations are complied with; and

10 Subsection 15(1) of Chapter 3, as amended by Chapter 3 of the Acts of 2001, is further amended by striking out "2003" in the second line and substituting "2004".

11 Subsection 18(1) of Chapter 3, as amended by Chapter 5 of the Acts of 1996, Chapter 4 of the Acts of 2000 and Chapter 3 of the Acts of 2001, is further amended by striking out "2003" in the third line and substituting "2004".

12 Section 18A of Chapter 3, as enacted by Chapter 5 of the Acts of 1996, is amended by adding immediately after subsection (2) the following subsection:

(3) A person who disposes of a share in respect of which a tax credit has been allowed after eight years from the date of purchase shall not receive a tax credit on a subsequent purchase of substantially the same shares.

13 Section 20 of Chapter 3 is repealed and the following Section substituted:

(a) a labour-sponsored venture-capital corporation shall file annually and for eight years after its final sale of shares in the Province;

(b) a community economic-development corporation shall file annually and for four years after its final sale of shares under this Act; and

a return with the Minister setting out the information prescribed by the regulations.

PART III

GAMING CONTROL ACT

14 (1) Clause 37(1)(a) of Chapter 4 of the Acts of 1994-95, the Gaming Control Act, is amended by striking out "the Planning" in the first line and substituting "Parts VIII and IX of the Municipal Government".

(2) Section 37 of Chapter 4 is further amended by adding immediately after subsection (2) the following subsections:

(3) Where

(a) pursuant to the Operating Contract dated May 31, 1995, and approved by Order in Council 1995-420, the Operator under the Contract notifies the Corporation that an Operator Termination Event under the Contract has occurred; and

(b) in the opinion of the Governor in Council, a by-law made pursuant to the Municipal Government Act, whether the by-law is made before or after the coming into force of this subsection, affects the Operator with respect to the Contract,

the by-law does not apply to the Operator or a Casino Complex under the Contract to the extent that the Governor in Council determines.

(4) The exercise by the Governor in Council of the authority contained in subsection (3) is regulations within the meaning of the Regulations Act.

PART IV

INCOME TAX ACT

15 Section 8 of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, as enacted by Chapter 4 of the Acts of 2000, is amended by

(a) striking out "9.77%" in the first line of clause (a) and substituting "8.79%";

(b) striking out "$2,891 plus 14.95%" in the first line of clause (b) and substituting "$2,601 plus 13.58%"; and

16 Subclause 10(1)(d)(iii) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by striking out "$14,047"in the thirteenth line and substituting "$15,837".

17 Chapter 217 is further amended by adding immediately after Section 19 the following Section:

19A (1) In this Section,

(a) "benefit year" means the 2003 calendar year;

(b) "eligible individual" means an individual other than a trust.

(2) An eligible individual is deemed to have made an overpayment on account of the tax payable by the individual under this Act for the taxation year ending in or at the same time as the benefit year if the following conditions are satisfied:

(a) the individual files a return of income, other than a return of income filed under paragraph 128(2)(e) of the Federal Act, for the taxation year ending on the last day of 2001, 2002 or 2003 no later than twelve months after the end of the respective taxation year;

(b) the Minister of Finance assesses an amount of tax payable under this Act on or before December 31st of the immediately following taxation year;

(c) the individual is resident in the Province as at May 1, 2003, if the eligibility determination is made in June 2003, and for eligibility determinations made in months subsequent to June 2003, the individual is resident in the Province at the beginning of that month; and

(d) the amount of tax payable by the individual for the taxation year, as determined on assessment or reassessment by the Minister of Finance, is equal to or greater than $1.00.

(3) Subject to subsection (4), the amount of the deemed overpayment for the benefit year is $155 and that overpayment is deemed to have an effective date that is the day of the month in which the individual's eligibility is determined.

(4) An individual who filed a return of income for the 2001, 2002 or 2003 calendar year is not entitled to the deemed overpayment referred to in subsection (3) if

(a) for the 2001 taxation year a return was filed and assessed for any taxation year pursuant to subsection 70(1) of the Federal Act before January 1, 2003;

(b) for the 2002 taxation year a return was filed and assessed for any taxation year pursuant to subsection 70(1) of the Federal Act before January 1, 2004; or

(c) for the 2003 taxation year a return was filed and assessed for any taxation year pursuant to subsection 70(1) of the Federal Act before January 1, 2005.

(5) An individual who would be eligible for a refund with respect to a return of income filed and assessed for either the 2001, 2002 or 2003 taxation year but who has since died and for whom a return of income pursuant to subsection 70(1) of the Federal Act has not been filed or assessed is deemed to be resident in the Province as at May 1, 2003.

(6) The Minister of Finance shall determine, without an application by an individual, whether the individual is an eligible individual for the benefit year.

(7) After making a determination under subsection (6), the Minister of Finance shall pay a refund to the individual in the amount of the deemed overpayment.

(8) The Minister of Finance shall not pay a refund under this Section after January 15, 2005.

(9) Where an individual receives a refund under this Section to which the individual is not entitled, the individual shall repay the amount to the Minister of Finance.

(10) No amount is repayable under subsection (9) if the individual's entitlement to a refund or the amount of the individual's refund is reduced by reason of an assessment or reassessment of tax issued

(a) with respect to the 2001 taxation year, after December 31, 2002;

(b) with respect to the 2002 taxation year, after December 31, 2003; or

(11) An amount payable under subsection (9), that has not been paid to the Minister of Finance,

(a) constitutes a debt to Her Majesty in right of the Province and may be recovered by way of deduction or set-off or may be recovered in any court of competent jurisdiction in proceedings commenced at any time or by any other manner provided by this Act; and

(b) is deemed for the purpose of Sections 81 to 106 to be tax payable under this Act.

(12) For the purpose of section 164 of the Federal Act as it applies for the purpose of this Act, a refund paid under this Section is deemed to be a refund of tax under this Act.

(13) Notwithstanding subsection (12), no interest is payable on the amount of a refund under this Section or on an amount repayable under subsection (9).

(14) An individual is not entitled to the deemed overpayment pursuant to this Section where the Minister has made an assessment pursuant to subsection 152(7) of the Federal Act.

(15) A decision of the Minister of Finance pursuant to this Section is final and not subject to appeal.

(16) For greater certainty, a taxpayer is only entitled to one payment pursuant to subsection (3).

18 Section 34 of Chapter 217 is repealed and the following Section substituted:

34 (1) Where an individual resided in the Province on the last day of a taxation year and had income for the year that included income earned in a country other than Canada in respect of which non-business-income tax was paid by the individual to the government of a country other than Canada, the individual may deduct from the tax payable by the individual under this Act for that taxation year an amount equal to the lesser of

(a) the amount, if any, by which any non-business-income tax paid by the individual for the year to the government of such other country exceeds

(i) if section 127.5 of the Federal Act does not apply to the individual for the taxation year, the amount deductible from the individual's tax payable under Part I of the Federal Act for that year pursuant to subsection 126(1) of the Federal Act in respect of any non-business-income tax paid to the government of such other country, or

(ii) if section 127.5 of the Federal Act applies to the individual for the taxation year, the amount deductible from the individual's tax payable under Part I of the Federal Act for that year pursuant to section 127.54 of the Federal Act in respect of any non-business-income tax paid to the government of such other country; and

(b) that proportion of the tax otherwise payable under this Act for that taxation year that

(i) the amount, if any, by which the total of the individual's qualifying income exceeds the total of the individual's qualifying losses

(A) for the year, if the individual is resident in Canada throughout the year, and

(B) for the part of the year throughout which the individual is resident in Canada, if the individual is non-resident at any time of the year,

from sources in that country, on the assumption that

(D) no amount was deducted under subsection 91(5) of the Federal Act in computing the individual's income for the year, and

(E) the individual's income from employment in that country was not from a source in that country to the extent of the lesser of the amounts determined in respect thereof under paragraphs 122.3(1)(c) and (d) of the Federal Act for the year,

is of

(ii) the amount, if any, by which,

(A) if the individual was resident in Canada throughout the year, the individual's income earned in the year in the Province computed without reference to paragraph 20(1)(ww) of the Federal Act, and

(B) if the individual was non-resident at any time in the year, the individual's income earned in the year in the Province that is included in the amount determined under paragraph 114(a) of the Federal Act in respect of the individual for the year,

exceeds

(C) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b) of the Federal Act or deductible under any of paragraphs 110(1)(d) to (d.3), (f), (g) and (j) or section 112 of the Federal Act for the year, in computing the individual's taxable income for the year.

(2) For the purpose of subsection (1) and clause 43(b), the non-business-income tax paid by a taxpayer to the government of a country other than Canada in respect of the taxpayer's income for a taxation year is the non-business-income tax paid by the taxpayer to the government of that country in respect of that year as determined under the definition "non-business-income tax" in subsection 126(7) of the Federal Act.

(3) For the purpose of this Section and Section 43,

(a) the government of a country other than Canada includes the government of a state, province or other political subdivision of that country;

(b) where a taxpayer's income for a taxation year is in whole or in part from sources in more than one country other than Canada, subsection 34(1) and Section 43 shall be read as providing for separate deductions in respect of each of the countries other than Canada; and

(c) if any income from a source in a particular country would be tax-exempt income but for the fact that a portion of the income is subject to an income or profits tax imposed by the government of a country other than Canada, the portion is deemed to be income from a separate source in the particular country.

(4) For the purpose of this Section and Section 43, the definitions of "qualifying incomes", "qualifying losses" and "tax-exempt income" in subsection 126(7) of the Federal Act apply.

19 Clause 37(2)(b) of Chapter 217 is repealed and the following clause substituted:

(b) $15,000.

20 (1) Subsection 41(5) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by striking out "where the taxpayer is an individual on the individual's balance due date for the year and," in the fourth and fifth lines.

(2) Subsection 41(6) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by striking out "(iii) or subclause (1)(c)(ii)" in the fourth and fifth lines and substituting "(1)(c)(i)".

(3) Subsection 41(8) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by striking out "(iii) or subclause (1)(c)(ii)" in the fourth and fifth lines and substituting "(1)(c)(i)".

(4) Clause 41(11)(d) of Chapter 217, as enacted by Chapter 5 of the Acts of 2002, is amended by striking out "2001" in the second line and substituting "2002".

(5) Subsection 41(12) of Chapter 217, as enacted by Chapter 5 of the Acts of 2002, is amended by

(a) striking out "2001" in the second line of clause (c) and substituting "2002"; and

(b) striking out "fifteen per cent of" in the twenty-eighth and twenty-ninth lines.

(6) Clause 41(13)(d) of Chapter 217, as enacted by Chapter 5 of the Acts of 2002, is amended by striking out "2001" in the second line and substituting "2002".

(7) Subsections 41(15) and (16) of Chapter 217 are repealed and the following subsections substituted:

(15) Subsections (11) to (13) and (16) to (19) do not apply to a corporation or a partnership, in this subsection referred to as the "transferor", that disposes of a property to another person or a partnership, in this subsection and subsections (16) to (19), referred to as the "purchaser", that does not deal at arm's length with the transferor, if the purchaser acquired the property in circumstances described under subsection 127(33) of the Federal Act.

(16) Where, at any particular time in a taxation year and after March 31, 2002, a purchaser, other than a partnership, converts to commercial use, or disposes of without having previously converted to commercial use, a property

(a) that was acquired by the purchaser in circumstances described in subsection (15) or that is another property that incorporates a property acquired in such circumstances; and

(b) that was first acquired, or that incorporates a property that was first acquired, by a corporation, in this subsection referred to as the "original user", with which the purchaser did not deal at arm's length at the time at which the purchaser acquired the property, in the original user's taxation year or fiscal period that includes the particular time, on the assumption that the original user had such a taxation year or fiscal period, or in any of the original user's four preceding taxation years or fiscal periods,

there shall be added to the purchaser's tax otherwise payable under this Part for the year the lesser of

(c) the amount included, in respect of the property, in the research and development tax credit of the original user; and

(d) the amount determined by applying the percentage that was applied in computing the research and development tax credit referred to in clause (c) by the corporation that was the original user, to

(i) where the property or the other property is disposed of to a person who deals at arm's length with the purchaser, the proceeds of disposition of that property, and

(ii) in any other case, the fair market value of the property or the other property at the time of the conversion or disposition.

(17) Where, at any particular time in a taxation year and after March 31, 2002, a purchaser, other than a partnership, converts to commercial use, or disposes of without having previously converted to commercial use, a property

(a) that was acquired by the purchaser in circumstances described in subsection (15) or that is another property that incorporates a property acquired in such circumstances; and

(b) that was first acquired, or that incorporates a property that was first acquired, by a partnership, in this subsection referred to as the "original user", with which the purchaser did not deal at arm's length at the time at which the purchaser acquired the property, in the original user's taxation year or fiscal period that includes the particular time, on the assumption that the original user had such a taxation year or fiscal period, or in any of the original user's four preceding taxation years or fiscal periods,

there shall be added to the purchaser's tax otherwise payable under this Part for the year the lesser of

(c) the amount that can reasonably be considered to have been included in respect of the property in computing the research and development tax credit under subsection (8) in respect of all the corporations that were members of the original user; and

(d) the amount determined by applying the percentage that was applied in computing the research and development tax credit referred to in clause (c), times the proportion of that research and development tax credit that was utilized by the corporations that were members of the original user was of the total research and development tax credit calculated as if the original user was a corporation, to

(i) where the property or the other property is disposed of to a person who deals at arm's length with the purchaser, the proceeds of disposition of that property, and

(ii) in any other case, the fair market value of the property or the other property at the time of the conversion or disposition.

(18) Where, at any particular time in a taxation year and after March 31, 2002, a purchaser is a partnership that converts to commercial use, or disposes of without having previously converted to commercial use, a property

(a) that was acquired by the purchaser in circumstances described in subsection (15) or that is another property that incorporates a property acquired in such circumstances; and

there shall be added to the tax otherwise payable under this Part for the year, for each member of the partnership that is the purchaser, the portion that may reasonably be considered to be the partner's share of the lesser of

(c) the amount included, in respect of the property, in the research and development tax credit of the original user; and

(d) the amount determined by applying the percentage that was applied in computing the research and development tax credit referred to in clause (c) to

(i) where the property or the other property is disposed of to a person who deals at arm's length with the purchaser, the proceeds of disposition of that property, and

(ii) in any other case, the fair market value of the property or the other property at the time of the conversion or disposition.

(19) Where, at any particular time in a taxation year and after March 31, 2002, a purchaser is a partnership that converts to commercial use, or disposes of without having previously converted to commercial use, a property

(a) that was acquired by the purchaser in circumstances described in subsection (15) or that is another property that incorporates a property acquired in such circumstances; and

there shall be added to the tax otherwise payable under this Part for the year, for each member of the partnership that is the purchaser, the portion that may reasonably considered to be the partner's share of the lesser of

(i) where the property or the other property is disposed of to a person who deals at arm's length with the purchaser, the proceeds of disposition of that property, and

(ii) in any other case, the fair market value of the property or the other property at the time of the conversion or disposition.

21 Subclause 47(2)(a)(iii) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2002, is further amended by striking out "in the Province" in the second line.

22 Subsection 71(7) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2002, is further amended by striking out "2004" in the third and in the sixth lines and substituting in each case "2006".

23 Section 77 of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2002, is further amended by striking out "2004" in the last line and substituting "2006".

PART V

NOVA SCOTIA POWER PRIVATIZATION ACT

24 (1) Subsection 18(3) of Chapter 8 of the Acts of 1992, the Nova Scotia Power Privatization Act, as enacted by Chapter 5 of the Acts of 2002, is amended by

(a) striking out "2002" in the first line and substituting "2003"; and

(b) striking out "seven" in the fourth line and substituting "five".

(2) Subsection 18(4) of Chapter 8, as enacted by Chapter 5 of the Acts of 2002, is amended by

(a) striking out "2003" in the first line and substituting "2004"; and

(b) striking out "ten million seven" in the fourth line and substituting "fifteen million five".

PART VI

PUBLIC SERVICE ACT

25 Clause 10(1)(b) of Chapter 376 of the Revised Statutes, the Public Service Act, 1989, is repealed.

26 Subclause 17(b)(iv) of Chapter 376 is repealed.

27 Chapter 376 is further amended by adding immediately after Section 17J the following Section:

17K The Public Service Commission may provide such direction as it considers appropriate to the Workers' Compensation Board of Nova Scotia respecting

(a) collective bargaining by the Board; and

(b) the setting of general compensation levels for non-bargaining unit employees of the Board.

PART VII

REVENUE ACT

28 Subsection 34(1) of Chapter 17 of the Acts of 1995-96, the Revenue Act, as amended by Chapter 21 of the Acts of 1996, Chapter 3 of the Acts of 1997, Chapter 13 of the Acts of 1998, Chapter 5 of the Acts of 1999 (2nd Sess.), Chapter 3 of the Acts of 2001, Chapter 48 of the Acts of 2001 and Chapter 5 of the Acts of 2002, is further amended by

(a) striking out "ten and fifty-two" in the first line of clause (a) and substituting "thirteen and two";

(b) striking out "nine and forty-nine" in the first line of clause (b) and substituting "eleven and seventy-four"; and

29 Subsections 87(1) and (2) of Chapter 17 are repealed and the following subsections substituted:

(1) A consumer or purchaser who contravenes Part I of this Act is liable, on summary conviction, to the penalties provided for a category G offence in the Summary Proceedings Act or to imprisonment for a term not exceeding ninety days for a first offence or a term not exceeding one year for a second or subsequent offence, or to both fine and imprisonment.

(2) An agent, wholesaler or vendor who contravenes Part I of this Act is liable, on summary conviction, to

(a) the penalties provided for a category J offence in the Summary Proceedings Act or to imprisonment for a term not exceeding six months for a first offence or a term not exceeding one year for a second or subsequent offence, or to both fine and imprisonment; and

(b) a fine equal to two times the amount of tax that should have been collected, remitted or paid, as determined pursuant to this Act.

(2A) A person who sells gasoline or diesel oil to a vendor or a purchaser without holding the permit required for the sale under the regulations is liable, on summary conviction, to

(a) the penalties provided for a category J offence in the Summary Proceedings Act or to imprisonment for a term not exceeding one year, or to both fine and imprisonment; and

(b) a fine equal to two times the amount of tax that should have been collected, remitted or paid, as determined pursuant to this Act.

PART VIII

SUMMARY PROCEEDINGS ACT

30 Section 4B of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 10 of the Acts of 2002, is amended by

(a) striking out the period at the end of clause (i) and substituting a semi colon; and

(b) adding immediately after clause (i) the following clause:

(j) where an enactment makes an offence punishable as a category J offence, a judge shall impose a fine of not less than one thousand five hundred dollars for the first offence, not less than two thousand five hundred dollars for the second offence and not less than five thousand dollars for the third or a subsequent offence.

PART IX

EFFECTIVE DATES

31 (1) This Act, except Sections 2, 15, 16, 18, 20, 21 and 24 to 30, has effect on and after April 3, 2003.

(2) Section 21 has effect on and after January 1, 2000.

(3) Section 20 has effect on and after April 1, 2002.

(4) Sections 16 and 18 have effect on and after January 1, 2003.

(5) Section 28 has effect on and after January 9, 2003.

(6) Section 24 has effect on and after April 1, 2003.

(7) Section 15 has effect on and after January 1, 2004.

(8) Sections 29 and 30 come into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2003 Crown in right of Nova Scotia. Updated May 23, 2003. Send comments to legc.office@gov.ns.ca.

BILL NO. 36

(as introduced)

Financial Measures (2003) Act

Explanatory Notes

An Act Respecting Certain Financial Measures

An Act Respecting Certain
Financial Measures