BILL NO. 29

(as introduced)

1st Session, 61st General Assembly
Nova Scotia
58 Elizabeth II, 2009



Government Bill



Financial Measures (2009) Act



The Honourable Graham Steele
Minister of Finance



First Reading: October 2, 2009

(Explanatory Notes)

Second Reading: October 20, 2009

Third Reading: November 2, 2009 (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 increases fees payable under the Companies Act.

Clause 3 changes fees payable under Section 12 of the Corporations Registration Act.

Clauses 4 to 8 extend the application of the Equity Tax Credit Act from December 31, 2009, to December 31, 2011 and increase the equity tax credit from 30% to 35%.

Clause 9 corrects an error.

Clause 10 freezes cost of living increases payable pursuant to Section 45A of the House of Assembly Act until 2012 and provides that no inquiry and report is to be undertaken pursuant to that Section before September 1, 2011.

Clauses 11 and 12 defer implementation of the Transit Tax Credit.

Clauses 13, 14 and 15 provide for the continuation of the Healthy Living Tax Credit for children's sport and recreational activities and defer the extension of the tax credit to adults.

Clauses 16 to 20 make changes necessary as a result of the change made in Clause 11.

Clauses 21 and 22 replace the Graduate Tax Credit with a new Graduate Retention Rebate.

Clause 23 increases the maximum annual deduction for the Equity Tax Credit as a result of increasing the rate from 30 to 35 per cent.

Clause 24 provides for an increase in the re-instatement fee for the restoration of a driver's licence following a revocation for an alcohol-related offence.

Clause 25 provides for a cost of living increase in the registration fees under the Personal Property Security Act.

Clause 26 increases the taxes paid under subsection 87(2) of the Probate Act.

Clause 27 removes the prohibition on the Minister of Finance from tabling a budget that estimates a deficit.

Clause 28 removes, after the 2008-2009 fiscal year, the prohibition on including offshore offset revenues in calculating the annual revenue of the Province for a fiscal year.

Clause 29 removes the obligation to recover a deficit occurring in a fiscal year in a subsequent fiscal year.

Clause 30 increases the contributions to the Public Service Superannuation Fund.

Clause 31 increases the tax on tobacco.

Clauses 32 to 34 increase fees under the Summary Proceedings Act.

Clause 35 increases fees under Section 16A of the Trust and Loan Companies Act.

Clause 36 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 (2009) Act.

PART I

COMPANIES ACT

2 (1) Subsection 5(2) of Chapter 81 of the Revised Statutes, 1989, the Companies Act, as enacted by Chapter 5 of the Acts of 2002 and amended by Chapter 3 of the Acts of 2004 and Chapter 9 of the Acts of 2007, is further amended by adding "and thirty" immediately after "thousand" in the second line.

(2) Subsection 5(3) of Chapter 81, as enacted by Chapter 5 of the Acts of 2002 and amended by Chapter 3 of the Acts of 2004 and Chapter 9 of the Acts of 2007, is further amended by adding "and thirty" immediately after "thousand" in the second line.

(3) Subsection 5(4) of Chapter 81, as enacted by Chapter 34 of the Acts of 2007, is amended by adding "and thirty" immediately after "thousand" in the first line.

(4) Subsection 5(5) of Chapter 81, as enacted by Chapter 34 of the Acts of 2007, is amended by adding "and thirty" immediately after "thousand" in the first line.

PART II

CORPORATIONS REGISTRATION ACT

3 (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, Chapter 9 of the Acts of 2007 and Chapter 2 of the Acts of 2008, is further amended by striking out "thirty-two dollars and sixty-five" in the third line and substituting "thirty-three dollars and sixty-three".

(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 and Chapter 2 of the Acts of 2008, is further amended by striking out "three dollars and thirty-nine" in the second line and substituting "six dollars and forty-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 and Chapter 2 of the Acts of 2008, is further amended by striking out "thirty-nine dollars and forty-two" in the second and third lines and substituting "forty-six dollars and sixty".

(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 and Chapter 2 of the Acts of 2008, is further amended by striking out "two hundred and ninety-three dollars and eighty-four" in the second and third lines and substituting "three hundred and two dollars and sixty-six".

(5) Subsection 12(3A) of Chapter 101, as enacted by Chapter 5 of the Acts of 2002 and amended by Chapter 3 of the Acts of 2004, Chapter 9 of the Acts of 2007 and Chapter 2 of the Acts of 2008, is further amended by adding "and thirty" immediately after "thousand" in the third line.

(6) Subsection 12(7) of Chapter 101, as amended by Chapter 3 of the Acts of 2004, Chapter 9 of the Acts of 2007 and Chapter 2 of the Acts of 2008, is further amended by striking out "two hundred and ninety-three dollars and eighty-four" in the second last and last lines and substituting "three hundred and two dollars and sixty-six".

(7) Subsection 12(8) of Chapter 101, as amended by Chapter 3 of the Acts of 2004, Chapter 9 of the Acts of 2007 and Chapter 2 of the Acts of 2008, is further amended by striking out "sixty-seven dollars and ninety-seven cents" in the fourth line and substituting "eighty-two dollars and one cent".

PART III

EQUITY TAX CREDIT ACT

4 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, Chapter 3 of the Acts of 2001, Chapter 4 of the Acts of 2003, Chapter 6 of the Acts of 2005 and Chapter 2 of the Acts of 2006, is further amended by

(a) striking out "thirty-first day of December, 2009" in the fourth and fifth lines of subclause (h)(i) and substituting "twenty-ninth day of February, 2012";

(b) striking out "thirty-first day of December, 2009" in the second and third lines of subclause (h)(ii) and substituting "twenty-ninth day of February, 2012"; and

(c) striking out "thirty-first day of December, 2009" in the fourth and fifth lines of clause (j) and substituting "twenty-ninth day of February, 2012".

5 Clause 6(1)(a) of Chapter 3, as amended by Chapter 3 of the Acts of 1997, Chapter 4 of the Acts of 2000, Chapter 3 of the Acts of 2001, Chapter 4 of the Acts of 2003 and Chapter 2 of the Acts of 2006, is further amended by striking out "thirty-first day of December, 2009" in the seventh line and substituting "twenty-ninth day of February, 2012".

6 Subsection 8(1) 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

(a) striking out "thirty" in the sixth line and substituting "thirty-five"; and

(b) adding "before March 1, 2012," immediately after "investors" in the second last line.

7 Subsection 15(1) of Chapter 3, as amended by Chapter 3 of the Acts of 2001, Chapter 4 of the Acts of 2003 and Chapter 3 of the Acts of 2004, is further amended by striking out "thirty-first day of December, 2009" in the second line and substituting "twenty-ninth day of February, 2012".

8 Clause 18(1)(b) of Chapter 3, as enacted by Chapter 3 of the Acts of 2004, is amended by adding "before March 1, 2012," immediately after "investors" in the seventh and eighth lines.

PART IV

HOUSE OF ASSEMBLY ACT

9 Section 1 of Chapter 40 of the Acts of 2007, An Act to Amend Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act, is amended by striking out "46A(7)" in the first line and substituting "45A(7)".

10 Section 45A of Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act, as enacted by Chapter 9 of the Acts of 2006 and amended by Chapter 40 of the Acts of 2007, is further amended by adding immediately after subsection (7) the following subsection:

PART V

INCOME TAX ACT

11 Section 10B of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, is repealed.

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

13 Section 12A of Chapter 217 is repealed.

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

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

16 Subclause 23(1)(b)(i) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007 and amended by Chapter 2 of the Acts of 2008, is further amended by striking out "10B," in the second line.

17 Section 24 of Chapter 217, as enacted by Chapter 9 of the Acts of 2007 and amended by Chapter 2 of the Acts of 2008, is further amended by striking out "10B," in the fourth line.

18 Section 25 of Chapter 217, as enacted by Chapter 9 of the Acts of 2007 and amended by Chapter 2 of the Acts of 2008, is further amended by striking out "10B," in the eighth line.

19 Section 26 of Chapter 217, as enacted by Chapter 9 of the Acts of 2007 and amended by Chapter 2 of the Acts of 2008, is further amended by striking out "10B," in the first line.

20 Clause 27(a) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007 and amended by Chapter 2 of the Acts of 2008, is further amended by striking out "10B," in the second line.

21 Clause 36(2)(b) of Chapter 217 is repealed and the following clause substituted:

22 Chapter 217 is further amended by adding immediately after Section 36 the following heading and Section:

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

PART VI

MOTOR VEHICLE ACT

24 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 and Chapter 2 of the Acts of 2008, is further amended by striking out "eight dollars and eighty-three" in the fourth line and substituting "twelve dollars and nine".

PART VII

PERSONAL PROPERTY SECURITY ACT

25 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 and Chapter 2 of the Acts of 2008, is further amended by

(a) striking out "23.18" in the fifth line of clause (a) and substituting "23.88";

(b) striking out "8.10" in the seventh line of clause (a) and substituting "8.34";

(c) striking out "544.15" in the fourth line of clause (b) and substituting "560.47";

(d) striking out "8.10" in the fifth line of clause (c) and substituting "8.34";

(e) striking out "544.15" in the fourth line of clause (d) and substituting "560.47";

(f) striking out "10.90" in clause (e) and substituting "11.23"; and

(g) striking out "544.15" in the second line of clause (f) and substituting "560.47".

PART VIII

PROBATE ACT

26 Subsection 87(2) of Chapter 31 of the Acts of 2000, the Probate Act, as amended by Chapter 5 of the Acts of 2001, Chapter 5 of the Acts of 2002, Chapter 3 of the Acts of 2004 and Chapter 9 of the Acts of 2007, is further amended by

(a) striking out "74.76" in clause (a) and substituting "77";

(b) striking out "187.97" in the second line of clause (b) and substituting "193.61";

(c) striking out "312.92 in the second line of clause (c) and substituting "322.31";

(d) striking out "875.76" in the second line of clause (d) and substituting "902.03";

(e) striking out "875.76" in the first line of clause (e) and substituting "902.03"; and

(f) striking out "14.79" in the second line of clause (e) and substituting "15.23".

PART IX

PROVINCIAL FINANCE ACT

27 Section 76 of Chapter 365 of the Revised Statutes, 1989, the Provincial Finance Act, is repealed.

28 (1) Clauses 76A(1)(e) and (f) of Chapter 365 are repealed.

(2) Subsection 76A(2) of Chapter 365 is repealed.

29 Section 78 of Chapter 365 is repealed.

PART X

PUBLIC SERVICE SUPERANNUATION ACT

30 Subsection 9(1) of Chapter 377 of the Revised Statutes, 1989, the Public Service Superannuation Act, as amended by Chapter 3 of the Acts of 2004, Chapter 9 of the Acts of 2007 and Chapter 51 of the Acts of 2007, is further amended by

(a) striking out "seven" in the first line of clause (a) and substituting "eight";

(b) striking out "nine and six-tenths" in the first line of clause (b) and substituting "ten and nine-tenths"; and

(c) striking out "nine and six-tenths" in the first line of clause (c) and substituting "ten and nine-tenths".

PART XI

REVENUE ACT

31 Subsection 34(1) of Chapter 17 of the Acts of 1994-95, 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 Session), Chapter 3 of the Acts of 2001, Chapter 48 of the Acts of 2001, Chapter 5 of the Acts of 2001, Chapter 4 of the Acts of 2003, Chapter 3 of the Acts of 2004 and Chapter 9 of the Acts of 2007, is further amended by

(a) striking out "sixteen" in the first line of clause (a) and substituting "twenty-one";

(b) striking out "fifteen" in the first line of clause (b) and substituting "twenty";

(c) striking out "sixteen" in the first line of clause (c) and substituting "twenty-one"; and

(d) striking out "seven" in the first line of clause (e) and substituting "twelve".

PART XII

SUMMARY PROCEEDINGS ACT

32 Section 4A of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2001, Chapter 3 of the Acts of 2004 and Chapter 2 of the Acts of 2006, is further amended by adding "and ninety-six cents" immediately after "dollars" in the last line.

33 (1) Subsection 8(6) of Chapter 450, as amended by Chapter 4 of the Acts of 2000, Chapter 5 of the Acts of 2001 and Chapter 2 of the Acts of 2006, is further amended by striking out "seven dollars or thirty-two dollars" in the third line and substituting "ten dollars and twenty-one cents or thirty-two dollars and ninety-six cents".

(2) Clause 8(15)(a) of Chapter 450, as amended by Chapter 18 of the Acts of 1994-95, Chapter 4 of the Acts of 2000, Chapter 5 of the Acts of 2001 and Chapter 2 of he Acts of 2006, is further amended by striking out "seven dollars or thirty-two dollars" in the fifth and in the last lines and substituting in each case "ten dollars and twenty-one cents or thirty-two dollars and ninety-six cents".

34 Subsection 9(5) of Chapter 450, as amended by Chapter 4 of the Acts of 2000, Chapter 5 of the Acts of 2001 and Chapter 2 of the Acts of 2006, is further amended by striking out "seven dollars or thirty-two dollars" in the second line and substituting "ten dollars and twenty-one cents or thirty-two dollars and ninety-six cents".

PART XIII

TRUST AND LOAN COMPANIES ACT

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

PART XIV

EFFECTIVE DATES

36 (1) Sections 12 and 15 come into force on such day as the Governor in Council orders and declares by proclamation.

(2) Sections 11, 13, 14 and 16 to 22 have effect on and after January 1, 2009.

(3) Sections 27, 28 and 29 have effect on and after April 1, 2009.

(4) Section 10 has effect on and after June 1, 2009.

(5) Section 31 has effect on and after June 23, 2009.

(6) Section 30 has effect on and after July 5, 2009.

(7) Section 9 has effect on and after September 15, 2009.

(8) Sections 24, 25, 26, 32, 33 and 34 have effect on and after November 1, 2009.

(9) Sections 2 and 3 have effect on and after December 1, 2009.

(10) Sections 4, 5, 6, 7, 8 and 23 have effect on and after January 1, 2010.

(11) Section 35 has effect on and after June 30, 2010.

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