BILL NO. 157

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008



Government Bill



Financial Measures (2008) Act



The Honourable Michael G. Baker, Q.C.
Minister of Finance



First Reading: May 5, 2008

(Explanatory Notes)

Second Reading: May 13, 2008

Third Reading: May 15, 2008 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2 provides for a change in the fees payable under Section 12 of the Corporations Registration Act.

Clause 3 implements the terms of a memorandum of understanding with the Union of Nova Scotia Municipalities to phase out municipal funding to corrections over the next seven years.

Clause 4 implements the terms of a memorandum of understanding with the Union of Nova Scotia Municipalities to restrict the increase in the minimum municipal contribution to education costs to no greater than the increase in the cost of living as measured by the percentage increase in the Consumer Price Index for Nova Scotia for the preceding calendar year.

Clauses 5 and 6 adjust the tax payable under the Gypsum Mining Income Tax Act.

Clause 7 phases out municipal funding to public housing over a two-year period beginning April 1, 2010.

Clause 8 amends the provisions of the Income Tax Act dealing with the pension income amount deduction to allow the recipient of split pension income transferred from a spouse to claim the Provincial pension credit.

Clause 9 enacts a public transit tax credit.

Clause 10 amends the provisions of the Income Tax Act dealing with the deduction for charitable gifts to ensure that the amounts claimed are the same for Federal and Provincial deductions.

Clause 11 extends the sport and recreational activity tax credit to all Nova Scotians.

Clause 12 implements an alternative medical expense credit.

Clause 13 amends subclause 19(1)(b)(ii) of the Income Tax Act to add a reference to Section 10B.

Clause 14 amends the calculation in the Income Tax Act respecting part-year residents' ability to claim the transit tax credit, the graduate tax credit and the volunteer firefighters tax credit.

Clause 15 amends Section 24 of the Income Tax Act to add a reference to Section 10B and 12B.

Clause 16 amends Section 25 of the Income Tax Act to add a reference to Section 10B.

Clause 17 amends Section 26 of the Income Tax Act to add a reference to Sections 10B and 12B.

Clause 18 amends the provision in the Income Tax Act dealing with bankrupt individuals to restrict eligibility for the graduate tax credit for an individual who is bankrupt to the return that covers the post-bankruptcy period.

Subclause 19(1) amends the definition of "eligible individual" in Section 35 of the Income Tax Act.

Subclause 19(2) makes a change to disallow the low income tax reduction to be claimed on any of the elective returns that may be filed for a deceased taxpayer.

Clauses 20 and 21 expand the Volunteer Firefighter Tax Credit to include volunteer ground search and rescue workers.

Clause 22 expands the Film Industry Tax Credit.

Clause 23 increases the value of the Digital Media Tax Credit to match the increase in the Film Industry Tax Credit.

Clauses 24 to 26 provide that the tax on insurance premiums does not apply to contracts of insurance for farming and fishing property written on January 1, 2008, or after by mutual insurance companies designated in the regulations.

Clause 27 provides for a cost of living increase in the reinstatement fee for the restoration of a driver's licence following a revocation for an alcohol-related offence.

Clause 28 provides for a cost of living increase in the registration fees under the Personal Property Security Act.

Clauses 29 and 30 make changes in the Revenue Act that are necessary as a result of the reduction from fourteen to thirteen per cent in the HST that was effective January 1, 2008.

Clause 31 provides for a cost of living increase in the annual taxes charged under Section 16A of the Trust and Loan Companies Act.

Clause 32 sets out the effective dates for the Act.

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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 (2008) Act.

PART I

CORPORATIONS REGISTRATION ACT

2 (1) Subsection 12(2) of Chapter 101 of the Revised Statutes, 1989, the Corporations Registration Act, as amended by Chapter 3 of the Acts of 2004 and Chapter 9 of the Acts of 2007, is further amended by striking out "four" in the third line and substituting "sixty-five".

(2) Subsection 12(2A) of Chapter 101, as enacted by Chapter 3 of the Acts of 2004 and amended by Chapter 9 of the Acts of 2007, is further amended by striking out "one dollar and forty-six" in the second line and substituting "three dollars and thirty-nine".

(3) Subsection 12(2B) of Chapter 101, as enacted by Chapter 3 of the Acts of 2004 and amended by Chapter 9 of the Acts of 2007, is further amended by striking out "thirty-four dollars and ninety-six" in the second and third lines and substituting "thirty-nine dollars and forty-two".

(4) Subsection 12(2C) of Chapter 101, as enacted by Chapter 3 of the Acts of 2004 and amended by Chapter 9 of the Acts of 2007, is further amended by striking out "eighty-eight dollars and thirty-six" in the second and third lines and substituting "ninety-three dollars and eighty-four".

(5) Subsection 12(3A) of Chapter 101, as enacted by Chapter 3 of the Acts of 2004 and amended by Chapter 9 of the Acts of 2007, is further amended by striking out "two thousand seven hundred and fifty" in the third line and substituting "one thousand".

(6) Subsection 12(7) of Chapter 101, as amended by Chapter 3 of the Acts of 2004 and Chapter 9 of the Acts of 2007, is further amended by striking out "eighty-eight dollars and thirty-six cents" in the second last and last lines and substituting "ninety-three dollars and eighty-four cents".

(7) Subsection 12(8) of Chapter 101, as amended by Chapter 3 of the Acts of 2004 and Chapter 9 of the Acts of 2007, is further amended by striking out "fifty-nine dollars and twenty-four cents" in the fourth line and substituting "sixty-seven dollars and ninety-seven cents".

PART II

CORRECTIONS ACT

3 Section 26 of Chapter 103 of the Revised Statutes, 1989, the Corrections Act, as amended by Chapter 19 of the Acts of 1990 and Chapter 7 of the Acts of 1994-95, is further amended by adding immediately after subsection (3) the following subsection:

PART III

EDUCATION ACT

4 Section 73 of Chapter 1 of the Acts of 1995-96, the Education Act, is amended by adding immediately after subsection (2) the following subsection:

PART IV

GYPSUM MINING INCOME TAX ACT

5 Subsection 7(1) of Chapter 190 of the Revised Statutes, 1989, the Gypsum Mining Income Tax Act, is amended by striking out "eighteen cents per ton of the gypsum so mined or at such higher rate as is determined by the Governor in Council" in the seventh, eighth and ninth lines and substituting "fifty-two cents per ton of the gypsum so mined".

6 Section 8 of Chapter 190 is amended by striking out "or at such higher rate as is determined by the Governor in Council" in the third and fourth lines.

PART V

HOUSING ACT

7 Chapter 211 of the Revised Statutes, 1989, the Housing Act, is amended by adding immediately after Section 6 the following Section:

PART VI

INCOME TAX ACT

8 Subsection 10(3) of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, is repealed and the following subsection substituted:

9 Chapter 217 is further amended by adding immediately after Section 10A the following Section:

10 Section 11 of Chapter 217 is amended by

(a) striking out "the individual claims not exceeding the amount" in the fifth and sixth lines; and

(b) striking out paragraph D and substituting the following:

11 Section 12A of Chapter 217 is repealed and the following Section substituted:

12 Chapter 217 is further amended by adding immediately after Section 12A the following Section:

13 Subclause 19(1)(b)(ii) of Chapter 217, as enacted by Chapter 6 of the Acts of 2005, is amended by adding ", 10B" immediately after "10" in the last line.

14 Subclause 23(1)(b)(i) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by

(a) striking out "11, 12, 12A, 14, 15, 17, 18, 36 and 38A" in the second and third lines and substituting "11, 12, 12A, 12B, 14, 15, 17 and 18"; and

(b) adding "10B," immediately after "Sections" in the second line.

15 Section 24 of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by

(a) adding "10B," immediately after "Sections" in the fourth line; and

(b) adding ", 12B" immediately after "12" in the fifth line.

16 Section 25 of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by adding "10B", immediately after "Sections" in the eighth line.

17 Section 26 of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by

(a) adding ", 12B" immediately after "12" in the first line; and

(b) adding "10B," immediately after "Sections" in the first line.

18 Section 27 of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by

(a) striking out "and 36" in the first line;

(b) adding "10B," immediately after "Sections" in the second line of clause (a);

(c) adding ", 12B" immediately after "12A" in the third line of clause (a); and

(d) striking out ", 18 and 36" in the third line of clause (a) and substituting "and 18".

19 (1) Clause 35(1)(b) of Chapter 217 is repealed and the following clause substituted:

(2) Subsection 35(4) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by striking out "paragraph 128(2)(e)" in the third line and substituting "subsection 70(2), paragraphs 104(23)(d) and 128(2)(e) and subsection 150(4)".

20 The heading immediately preceding Section 38A of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by adding "and Volunteer Ground Search and Rescue Worker" immediately after "Firefighter".

21 (1) Subsection 38A(1) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by striking out the period at the end of clause (d) and substituting a semicolon and by adding the following clause:

(2) Subsection 38A(2) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by adding "or (3A)" immediately after "(3)" in the first line.

(3) Section 38A of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is further amended by adding immediately after subsection (3) the following subsection:

22 (1) Subsection 47(2) of Chapter 217, as amended by Chapter 2 of the Acts of 2006 and Chapter 9 of the Acts of 2007, is further amended by

(a) striking out paragraphs (a)(ii)(B) and (C) and substituting the following paragraphs:

(b) striking out subclause (a)(iv) and substituting the following subclauses:

and

(c) striking out clause (b) and substituting the following clause:

(2) Clause 47(2A)(b) of Chapter 217 is repealed and the following clause substituted:

23 Clauses 47A(2)(a) and (b) of Chapter 217 are repealed and the following clauses substituted:

PART VII

INSURANCE PREMIUMS TAX ACT

24 Subclause 2(a)(ii) of Chapter 232 of the Revised Statutes, 1989, the Insurance Premiums Tax Act, is amended by striking out "to the extent of not less than fifty per cent thereof derived from the insurance of farm property or" in the fourth and fifth lines.

25 Section 3 of Chapter 232 is amended by adding immediately after subsection (3) the following subsection:

26 Chapter 232 is further amended by adding immediately after Section 14 the following Section:

PART VIII

MOTOR VEHICLE ACT

27 Subsection 68(1) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 9 of the Acts of 2007, is further amended by striking out "one hundred and six dollars and eighty cents" in the fourth line and substituting "one hundred and eight dollars and eighty-three cents".

PART IX

PERSONAL PROPERTY SECURITY ACT

28 Subsection 44A(1) of Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, as enacted by Chapter 3 of the Acts of 2004 and amended by Chapter 9 of the Acts of 2007, is further amended by

(a) striking out "22.75"' in the fifth line of clause (a) and substituting "23.18";

(b) striking out "7.96" in the seventh line of clause (a) and substituting "8.10";

(c) striking out "534.00" in the fourth line of clause (b) and substituting "544.15";

(d) striking out "7.96" in the fifth line of clause (c) and substituting "8.10";

(e) striking out "534.00" in the fourth line of clause (d) and substituting "544.15";

(f) striking out "10.68" in clause (e) and substituting "10.90"; and

(g) striking out "534.00" in the second line of clause (f) and substituting "544.15".

PART X

REVENUE ACT

29 Section 31B of Chapter 17 of the Acts of 1995-96, the Revenue Act, is repealed and the following Section substituted:

30 Subclause 32(f)(i) of Chapter 17 is repealed and the following subclause substituted:

PART XI

TRUST AND LOAN COMPANIES ACT

31 Section 16A of Chapter 7 of the Acts of 1991, the Trust and Loan Companies Act, is repealed and the following Section substituted:

PART XII

EFFECTIVE DATES

32 (1) This Act, except Sections 2 to 6 and 8 to 31, comes into force on such day as the Governor in Council orders and declares by proclamation.

(2) Section 8, clauses 18(a) and (d) and Sections 19 and 22 have effect on and after January 1, 2007, upon the Governor in Council so ordering by proclamation.

(3) Sections 5, 6 and 12, clause 14(a), clause 15(b), clause 17(a) and clause 18(c) and Sections 20, 21, 23, 29 and 30 have effect on and after January 1, 2008.

(4) Sections 10 and 24 to 26 have effect on and after January 1, 2008, upon the Governor in council so ordering by proclamation.

(5) Sections 2 to 4, 27, 28 and 31 have effect on and after April 1, 2008, upon the Governor in Council so ordering by proclamation.

(6) Sections 9, 11 and 13, clause 14(b), clause 15(a), Section 16, clause 17(b) and clause 18(b) have effect on and after January 1, 2009, upon the Governor in Council so ordering by proclamation.

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