476
.74e Committee o/ Council submit /or the consideration
fionour the c ieutenant-C jovernor
tintituled
Home Owner Grant Amendment Act, 1988
Horse Racing Tax Amendment Act, 1988
Income Tax Amendment Act, 1988
Insurance Premium Tax Amendment Act, 1988
Land Tax Deferment Amendment Act, 1988
Mineral Resource Tax Amendment Act, 1988
Mining Tax Amendment Act, 1988
Motor Fuel Tax Amendment Act, 1988
Social Service Tax Amendment Act, 1988
Taxation (Rural Area) Amendment Act, 1988
Tobacco Tax Amendment Act, 1988
Tourist Accommodation (Assessment Relief) Act
Budget Stabilization Fund Act
Education Excellence Appropriation Repeal Act
Health Improvement Appropriation Repeal Act
Privatization Benefit Fund Act
Special Accounts Appropriation and Control Act
Provincial-Municipal Partnership (Taxation Measures) Act
Meiiage
to the
dy
Jame de
be
t the
and advi.ie tha
cLgiiiative -AJJemdly.
Victoria,
23rd
day o/
1988
March
preliding IVOMIPP i. e xaculive Council
_Approved thi3
24th
day el
March
, __42). 1988
17
o,ieutenant-Governor
enant•ONNINII
-Government Bill
Go
Second Session, Thirty-fourth Parliament
37 Elizabeth H, 1988
Legislative Assembly of British Columbia
BILL 2
HOME OWNER GRANT
AMENDMENT ACT, 1988
Honourable Rita M. Johnston
Minister of Municipal Affairs
Explanatory Note
This Act revises the definition of "owner" to exclude reference to a purchaser
or tenant in paragraph (MOO for the 1988 and subsequent tax years.
MINISTER OF MUNICIPAL AFFAInt.'
BILL 2-1988
HOME OWNER GRANT AMENDMENT ACT, 1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
The definition of "owner" in section 1 of the Home Owner Grant Act,
S.B.C. 1980, c. 18, is amended by repealing paragraph (b) and substituting
the following:
(b) outside a municipality,
(i) an individual who is an owner as defined in the Taxation
(Rural Area) Act or who is a lessee of railway land, or
(ii) with respect only to a tax year preceding the 1988 tax
year, an individual who is a purchaser or tenant from
whom taxes are recoverable under section 16 (2) of the
Taxation ( Rural Area) Act, or.
Commencement
2.
This Act shall be deemed to have come into force on January 1, 1988
and is retroactive to the extent necessary to give it effect on and after that
date.
Lkurenant-Goraw
Government ill
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 3
HORSE RACING TAX AMENDMENT
ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Notes
SECTION 1:
(a)
decreases the Province's share of revenue from the pari
mutuel tax,
(b)
increases the British Columbia Racing Commission's share of
revenue from the tax, and
(c)
permits grants under section 2 (2) (c) to be made for the
establishment and improvement of horse racing facilities and
research costs that are related.
SECTION 2: Retroactive regulation making authority for purposes of the
empowered grants provision.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 3 -1988
HORSE RACING TAX AMENDMENT ACT, 1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
Section 2 of the Horse Racing Tax Act, R.S.B.C. 1979, c. 175, is
amended
(a) in subsection (1) by striking out "3.5%" and substituting "3%",
(b) in subsection (2) by striking out "3.5%" and substituting "4%", and
(c) by repealing subsection (2) (c) (i) to (iii) and substituting the following:
(i) the operation of breeder societies in the Province,
Iii) the establishment or the improvement of horse racing
facilities in the Province,
(iii) the covering of costs of feasibility studies and research,
and the assessment of either or both of them, and any
other similar costs for purposes of the establishment or
improvement of facilities referred to in subparagraph ( ii),
(iv) the operation of race courses and horse racing meets in
the Province, and
(v) equine health research, .
Regulations
2.
(1) A regulation under section 7 (b.1) of the Horse Racing Tax Act in
respect of a formula or other program that could be established under that
section by virtue of the enactment of section 1 of this Act may be made
retroactive to March 25, 1988 and, where made retroactive, shall be
deemed to have come into force at that time.
(2) This section is repealed on September 1, 1988.
Commencement
3.
Sections 1 and 2 shall be deemed to have come into force on March 25,
1988 and are retroactive to the extent necessary to give them effect on and
after that date .
ftVnlitqffffelin
L
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 4
INCOME TAX AMENDMENT ACT,1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Notes
SECTION 1: provides for a rate reduction on income earned by small
business corporations from 11% to 9%.
SECTION 2. amends the formula for allocating small business income
between British Columbia and other jurisdictions. This amendment was
requested by the federal government under the terms of the British ColumbiaCanada Tax Collection Agreement.
SECTION 3: provides that a corporation whose taxation year straddles the
change in rate provided in section 1 shall compute tax by dividing the taxation
year into 2 notional years and applying the applicable tax rate to each year.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 4 -1988
INCOME TAX AMENDMENT ACT, 1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
Section 7 (1) (a) and (b), (2) (a) and (b( and (3) of the Income Tax Act,
R.S.B.C. 1979, c. 190, is amended by striking out "11%" and substituting
2.
Paragraph (a) of section 7 (1) is amended by striking out everything
after "on an amount" and substituting "that is the proportion of the least
of the amounts determined under section 125 (1) (a), (b) and (c) of the
federal Act in respect of the corporation for the taxation year that the
amount of the portion of its taxable income earned in the year in British
Columbia, determined in accordance with section 124 (4) (a) of the federal
Act, bears to the total amount of the portions of its taxable income earned
in the year in all provinces, determined in accordance with section 124 (4)
(a) of the federal Act, and".
3.
The following section is added:
Additional 1988-89 straddle provision
8.7 A corporation that has been allowed a deduction from federal
tax under the provisions of section 125 (1) of the federal Act shall calculate
its tax payable for its taxation year beginning before July 1, 1988
(a) by treating that taxation year as 2 notional taxation years. the
first ending on June 30, 1988 and the second commencing on
July 1, 1988,
(b) by apportioning the amount taxable between the 2 notional
taxation years proportionally according to the number of days
in each,
(c) by calculating
(i) tax on the first notional taxation year in accordance with
the tax rate applicable before July 1, 1988, and
(ii) tax on the second notional taxation year in accordance
with the tax rate applicable after June 30, 1988, and
(d) by adding the amount determined under paragraph (c) (i) to
the amount determined under paragraph (c)
and that amount, in addition to any amount applicable under section 8.4,
8.5 or 8.6 is the tax payable in respect of that taxation year.
BILL 4
SECTION 4: provides for commencement. Section 2 is retroactive at the
request of the federal government in order to have a uniform commencement
period for all Canadian provinces.
2
BILL 4
Commencement
4.
(1) Sections 1 and 3 come into force on July 1, 1988.
i2) Section 2 applies in respect of any taxation year that ends on or
after January 1, 1987, and is retroactive to the extent necessary to give it
that effect.
2
Lieutenant.
GovernmIMITI
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 5
INSURANCE PREMIUM TAX
AMENDMENT ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Notes
SECTION 1: clarifies the meaning of "taxpayer".
SECTION 2: introduces a separate classification of motor vehicle insurance
and imposes a tax of 4% in place of the current 3%.
SECTION 3: ensures that a reciprocal exchange is not liable for tax under
both this Act and the Insurance Act.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 5 -1988
INSURANCE PREMIUM TAX AMENDMENT
ACT, 1988
11ER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
2.
Section 1 of the Insurance Premium Tax Act, R.S.B.C. 1979, c. 205, is
amended by repealing the definition of "taxpayer" and substituting the
following:
"taxpayer" means a company licensed or authorized by permit to
transact the business of insurance in the Province, and includes the
Insurance Corporation of British Columbia and a captive insurance
company as defined in the Insurance (Captive Company) Act.
Section 3 is amended
(a) in subsection (1) by striking out "Subject to subsections (1.1) and
(1.21," and substituting "Subject to subsections (1.1), (1.2) and (1.3),",
and
(b) by adding the following subsection:
(1.3) Notwithstanding this section, the tax rate in subsection (1) in
respect of
(a) a certificate, endorsement or policy of automobile insurance of
any type or class under the Insurance ( Motor Vehicle) Act, or
(b) a policy governing a motor vehicle as defined in the Motor
Vehicle Act or that portion of an insurance policy's gross
premium that relates to such a motor vehicle
is 4% for a certificate, endorsement or policy issued or contracted after
March 31, 1988.
Consequential Amendments
Fire Services Act
3.
Section 48 of the Fire Services Act, R.S.B.C. 1979, c. 133, is amended
by adding the following subsection:
(4) For the purposes of subsection (3), a reciprocal exchange that
holds a permit under section 302 of the Insurance Act shall be deemed to
be licensed under that Act.
BILL 5
SECTION 4: excludes reciprocal insurers from the category of unlicensed
insurers and imposes on them tax and reporting requirements similar to those
appplicable to licensed insurers.
SECTION 5: repeals section 302 (6) which is now unnecessary.
2
BILL 5
Insurance Act
4.
Section 296 of the Insurance Act, R.S.B.0 1979, c. 200, is amended
(a) in subsection (2) by striking out "This section" and substituting
"Subsection (1)", and
(b) by adding the following subsection:
(4) This section and section 297 do not apply in respect of a contract
of insurance that is made with a reciprocal exchange and that is
authorized by and in accordance with a permit granted to it under
section 302.
5.
Section 302 (6) is repealed.
Commencement
6.
This Act shall be deemed to have come into force on March 31, 1988
and is retroactive to the extent necessary to give it effect on and after that
date.
2
//',,ey%---7 •
RftliNfiViffirffii i
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 6
LAND TAX DEFERMENT
AMENDMENT ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Notes
SECTION 1: widens the definition of "eligible property" to include a mobile
home, adds a definition of "mobile home" and makes consequential changes to
other definitions.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 6 -1988
LAND TAX DEFERMENT
AMENDMENT ACT, 1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
Section 1 of the Land Tax Deferment Act, R.S.R.C. 1979, c. 218, is
amended
(a) in the definition of "eligible property" by renumbering everything
after "also includes" as paragraph (e), by adding "and" at the end of
paragraph (e) and by adding the following paragraph:
(0 a mobile home; ,
(b) in the definition of "improvements" by adding "and includes a mobile
home" at the end,
(c) by adding the following definition:
"mobile home" means any structure, whether ordinarily equipped
with wheels or not, that
(a) is designed, constructed or manufactured
(if to be moved from one place to another by being towed or
carried, and
(ii) to provide a dwelling house, and
(b( is registered under the Mobile Home Act; ,
(d) in the definition of "owner" by striking out "or" at the end of
paragraph (a), by adding "or" at the end of paragraph (b) (iii) and by
adding the following paragraph:
(c) the person in whose name a mobile home is assessable and
taxable under the Mobile Home Tax Act: ,
(e) in the definition of "tax" by striking out "land and improvements" and
substituting "el igible property", and
(f) by repealing the definition of "tax Act" and substituting the following:
"tax Act" means,
(a) in relation to eligible property that is not a mobile home,
(i) the Municipal Act, where the eligible property is in a
municipality,
(ii) the Vancouver Charter, where the eligible property is in
the City of Vancouver, and
(iii) the Taxation ( Rural Area) Act, where the eligible
property is in a rural area, or
BILL 6
SECTION 2: Consequential to section 3.
SECTION 3: permits the owner of a mobile home to request the minister to
enter an agreement deferring payment of property taxes on the mobile home.
SECTIONS 4 and 6: provide for registration of an agreement deferring
payment of property taxes on a mobile home and specify that the agreement
constitutes a lien.
SECTION 5: re-enacts section 10 of the Land Tax Deferment Act to provide
for cancellation of the registration of an agreement deferring payment of property
taxes on a mobile home.
2
BILL 6
(b) in relation to eligible property that is a mobile home, the
Mobile Home Tax Act.
2.
Section 4 ( 1) (c) is amended by striking out "on land and
improvements".
3.
Section 5 is amended by adding the following subsection:
( I 1) Subsection (1) applies also to an owner of eligible property that
is or that includes a mobile home if the owner
(a) uses the mobile home as his principal place of residence, and
(b) meets the qualifications set out in paragraphs (a) to (c) of that
subsection,
4.
Section 7 is amended by renumbering it as section 7 (1) and by adding
the following subsection:
(2) On receipt from the minister of an agreement that is made under
section 6 in respect of a mobile home and that includes the registration
number of the mobile home, the Registrar of Mobile Homes shall, without
charging a fee, register the agreement as a security instrument, as
defined in the Mobile Home Act, in favour of the Crown and having
preference or priority over any other security instrument subsequently
registered.
5.
Section 10 is repealed and the following substituted:
Satisfaction of agreement
10. (1) Where the terms of an agreement under section 2 have been
fully observed and performed and all deferred tax and the interest on it
have been paid, the minister shall
(a) notify the owner of the eligible property of the satisfaction of
the agreement, and
(b) deliver a copy of the notice to each registrar who, under
section 7, registered the agreement.
(2) On receiving a copy of the notice under subsection (1), the
Registrar of Mobile Homes or the registrar of the land title office, as the
case may be, shall cancel the registration of the agreement in his records.
6.
Section 11 is amended by renumbering it as section 11 ( 1) and by
adding the following subsection:
(2) Where an agreement is registered by the Registrar of Mobile
Homes under section 7 (2),
(a) the agreement creates a lien on the mobile home in respect of
which the agreement is registered for the deferred tax and the
interest on it, and the lien has priority and preference over
any security interest, as defined in the Mobile Home Act,
subsequently registered and over any other claim, and
(b) unless permitted by the regulations, the registrar shall not
issue a transport permit under section 41 of the Mobile Home
Act without the written consent of the minister.
2
BILL6
SECTION 7: Consequential to section 3.
3
B11.1.6
7.
Section 13 (a) is amended by striking out "the land and
improvements" and substituting "the eligible property".
Commencement
8.
This Act shall be deemed to have come into force on April 1, 1988 and
is retroactive to the extent necessary to give it effect on and after that
date.
3
Explanatory Note
SECTION 1: reduces the mineral resource tax rate from 17.5% to 15%
effective July 1, 1988 and provides that the operator of a mine whose fiscal year
straddles the change in rate shall compute the tax by dividing the fiscal year into
2 notional taxation years and apply the applicable tax rate to each notional
taxation year.
MINISTER OF ENERGY, MINES AND
PETROLEUM RESOURCES.
BILL 7-1988
MINERAL RESOURCE TAX AMENDMENT ACT,
1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
Section 2 of the Mineral Resource Tax Act, R.S.B.C. 1979, c. 263, is
amended
(a) in subsection ( I) by striking out "17.5%" and substituting "15%", and
(b) by adding the following subsections:
(4) Notwithstanding the amendments to this Act made by the
Mineral Resource Tax Amendment Act, 1988, the tax payable under this
Act by an operator in respect of the fiscal year in which June 30, 1988 falls
shall be calculated for that fiscal year as follows:
(a) by dividing the fiscal year into 2 notional taxation years, the
first ending on June 30, 1988 and the second beginning on
July 1, 1988;
(b) by apportioning the income derived from the operation of the
mine during the fiscal year between the 2 notional taxation
years proportionately according to the number of days in each;
(c) by calculating in accordance with the Act, subject to
subsection (5),
(i) the tax on the notional taxation year ending June 30,
1988 at a rate of 17.5% of the income apportioned to that
notional taxation year, and
(ii) the tax on the notional taxation year beginning July 1,
1988 at a rate of 15% of the income apportioned to that
notional taxation year;
(d) by adding the amounts determined under paragraph (c) (i) and
(ii), and the total is the tax payable in respect of that fiscal
year.
(5) Where tax is payable in accordance with subsection (4) in respect
of a notional taxation year, the reference in subsection (2) to $50 000 shall
be read as a reference to that portion of $50 000 that the number of days in
the notional taxation year bears to the number of days in the whole fiscal
year.
,2
Lieutenant-6ov~
Government Bill
c
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 8
MINING TAX AMENDMENT ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
SECTION 1: reduces the mining tax rate from 15% to 12.5% effective
July 1, 1988 and provides that the owner of a mine whose taxation year straddles
the change in rate shall compute the tax by dividing the taxation year into 2
notional taxation years and apply the applicable tax rate to each notional taxation
year.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 8 -1988
MINING TAX AMENDMENT ACT, 1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Section 2 of the Mining Tax Act, R.S.B.C. 1979, c. 267, is amended
(a) in subsection (2) by striking out "15%" and substituting "12.5%", and
(b) by adding the following subsections:
(11) Notwithstanding the amendments to this Act made by the
Mining Tax Amendment Act, /988, the tax payable under this Act by a
taxpayer in respect of the taxation year in which June 30, 1988 falls shall
be calculated for that taxation year as follows:
(a) by dividing the taxation year into 2 notional taxation years,
the first ending on June 30, 1988 and the second beginning on
July 1, 1988;
(b) by apportioning the net income derived from mining
operations of the taxation year between the 2 notional
taxation years proportionately according to the number of
days in each;
(c) by calculating in accordance with the Act, subject to
subsection (12),
(i) the tax on the notional taxation year ending June 30,
1988 at a rate of 15% of the net income apportioned to
that notional taxation year, and
(ii) the tax on the notional taxation year beginning July 1,
1988 at a rate of 12.5% of the net income apportioned to
that notional taxation year;
(d) by adding the amounts determined under paragraph (c) (i) and
(ii), and the total is the tax payable in respect of that taxation
year.
(12) Where tax is payable in accordance with subsection (11) in
respect of a notional taxation year, the reference in subsection (2) to
$50 000 shall be read as a reference to that portion of $50 000 that the
number of days in the notional taxation year bears to the number of days
in the whole taxation year.
ant•Oneneer
legfernment
Bill
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 9
MOTOR FUEL TAX AMENDMENT
ACT, 1988
I
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Notes
SECTION 1: increases the tax on gasoline to 224% of the pre-tax selling
price.
SECTION 2: repeals obsolete provisions.
SECTION 3: increases municipal transit tax to 3.0¢ /litre, but only after the
increase has been brought into force by regulation.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 9 -1988
MOTOR FUEL TAX AMENDMENT ACT,1988
TIER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
2.
3.
The formula in section 4 of the Motor Fuel Tax Act, S.B C. 1985, c. 76,
is amended by striking out "0.2" and substituting "0.225".
Sections 5 (2), 5.1 (2) and 6 (2) are repealed.
Section 11 is amended by striking out "2.5g/litre" and substituting
"3.0g/litre".
Commencement
4.
II) Section 1 shall be deemed to have come into force at midnight on
March 31, 1988 and is retroactive to the extent necessary to give it effect
on and after that time.
(2) Section 3 comes into force by regulation of the Lieutenant
Governor in Council .
Lieutenant-Gomm,
Governmerimll
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 10
SOCIAL SERVICE TAX AMENDMENT
ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Notes
SECTION 1: clarifies that transfers of tangible personal property following
a winding up, liquidation or dissolution constitute a "sale" for purposes of the Act.
SECTION 2: increases the rate of social service tax on alcoholic drinks to
10%.
SECTION 3:
(a)
removes the exemption for insecticides, fungicides and weed
control chemicals, and
(b)
limits the exemption for used clothing and used footwear to
sales of less than $100 per item.
SECTION 4: repeals obsolete provisions.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 10 -1988
SOCIAL SERVICE TAX AMENDMENT ACT, 1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
The definition of "sale" in section 1 of the Social Service Tax Act,
R.S.B.C. 1979, c. 388, is amended by striking out everything after "a
transfer of ownership of, title to, or possession of, tangible personal
property" and substituting the following:
(a) given as security, by foreclosure, or by repossession under lien
note or conditional sale contract, whether voluntary or
otherwise, or by order of a court, or by any other means
whereby security may be realized, and
(b) in the process of winding up, liquidating or dissolving a
corporation,
and the provision, by way of promotional distribution, of tangible personal
property;.
2.
Section 2 is amended by adding the following subsection after
subsection (1):
(1.01) Notwithstanding any other provision of this section, the rate
of the tax payable under subsections (1), (4) and (4.2) on liquor, as defined
by the Liquor Distribution Act, is 10%.
3.
Section 4 (1) is amended
(a) by repealing paragraph (i) and substituting the following:
(i) grain, mill and other agricultural feeds, seeds and fertilizers; ,
and
(b) by repealing paragraph (p) and substituting the following:
(p) sales of used clothing or used footwear where the purchase
price of the item of clothing or footwear is less than $100; .
4.
Sections 2 (1.5), (6.1) to (6.4), 2.1(7) and (8), 9.1 and 41 are repealed.
BILL 10
Commencement
5.
(i) Sections 1 and 2 shall be deemed to have come into force on April 1,
1988 and are retroactive to the extent necessary to give them effect on and
after that date.
121 Section 3 shall be deemed to have come into force on March 25,
1988 and is retroactive to the extent necessary to give it effect on and after
that date.
2
1.1r•vnant.01111111.11
, prnment Bill
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 11
TAXATION (RURAL AREA)
AMENDMENT ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
This amendment authorizes the levying of taxes on assessed values that are
contained in supplementary assessment rolls completed before completion of the
tax levy and before tax notices are mailed.
MINISTER OF FINANCE AND CORPORATE RELATIONS.
BILL 11 -1988
TAXATION (RURAL AREA)
AMENDMENT ACT, 1988
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
Section 20 of the Taxation (Rural Area) Act, R.S.B.C. 1979, c. 400, is
amended
(a) in subsection (4) by adding "and as amended by a supplementary
assessment roll that is prepared under the Assessment Act and is
provided to the Surveyor of Taxes before the calculation of the tax
levy" after "Court of Revision",
)b) in subsection (5) by adding "for the purposes of subsection (4) or"
before "under subsection (6)", and
(c) by repealing subsection (6) and substituting the following:
(6) Where, before or after a taxation roll is completed and before a
taxation notice is mailed under subsection (2), a supplementary
assessment roll is prepared under the Assessment Act, the Surveyor of
Taxes may incorporate the supplementary assessment roll into the
taxation roll and may issue to each person named in the taxation roll a
single tax notice reflecting any information that was contained in the
supplementary assessment roll.
Commencement
2.
This Act shall be deemed to have come into force on March 25, 1988
and is retroactive to the extent necessary to give it effect on and after that
date.
lefveggnigriftil
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 12
TOBACCO TAX AMENDMENT
ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Notes
SECTION 1: caps the tax on cigars at $2.50 per cigar.
SECTION 2: increases the tax on cigarettes. The amount of the increase is
720 for a carton of 200 cigarettes.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 12 -1988
TOBACCO TAX AMENDMENT ACT, 1988
ER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
Section 2 (1) (j) of the Tobacco Tax Act, R.S.B.C. 1979, c. 404, is
amended by adding at the end "but in no case shall the tax under this
paragraph exceed $2.50 per cigar".
2.
The formula in section 2 (1.2) is repealed and the following
substituted:
Rate in cents for each
cigarette purchased
,
59.5 -7A1,—
rounded to the
next higher
whole number
25
Commencement
3.
This Act shall be deemed to have come into force on March 25, 1988
and is retroactive to the extent necessary to give it effect on and after that
date.
Licuotani,GoreMOI
Government Bill
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 13
TOURIST ACCOMMODATION
(ASSESSMENT RELIEF) ACT
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
MINISTER OF FINANCE AND CORPORATE. RELATIONS.
BILL 13 -1988
TOURIST ACCOMMODATION
(ASSESSMENT RELIEF) ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Interpretation
1. In this Act
"assessed value" means the assessed value determined under the
Assessment Act;
"designated Act" means the Assessment Authority Act, the British Columbia
Transit Act, the Education (Interim) Finance Act, the Hospital District Act, the
Islands Trust Act, the Municipal Art, the Municipal Finance Authority Act, the
Tax 'ion (Rural Area) Act or the Vancouver Charter;
''eligible property" means land that, with its improvements,
(a) is used to provide overnight accommodation to guests, and
(b) comes within a class of property designated under section 3 (a),
and includes a campground, recreational vehicle park or trailer park that comes
within a class of property designated under that section;
"improve men ts" has the same meaning as in the Assessment Act;
"land" has the same meaning as in the Assessment Act;
"strata lot" has the same meaning as in the Condominium Act;
"strata plan" has the same meaning as in the Condominium Act.
Reduction in assessed value
2. (1) Subject to subsection (2), the assessed value of an eligible property
shall, for the purpose of its taxation under a designated Act, be reduced by the
lesser of the following amounts:
(a) $150000 less 15% of the amount by which the assessed value exceeds
$2 000 000;
(b) 50% of the assessed value.
(2) Where an eligible property is a strata lot that is included in a strata plan,
the assessed value of the eligible property shall, for the purpose of its taxation
under a designated Act, be reduced by the amount determined by the following
formula:
C
A = B(— J
where
A = the amount of the reduction under this section;
B = the lesser of the following amounts:
BILL 13
(a) $150 000 less 15% of the amount by which the total of the assessed
values of all the strata lots included in the strata plan that are eligible
property, exceeds $2 000 000;
(b) 50% of the total of the assessed values of all the strata lots in the
strata plan that are eligible property,
C = the assessed value of the eligible property;
D = the total of the assessed values of all the strata lots included in the
strata plan that are eligible property
(3) Where the amount determined under subsection (1)or (2) in respect of an
eligible property is a negative amount, no change shall be made in the assessed
value of the eligible property.
Regulations
3. The Lieutenant Governor in Council may make regulations including
regulations
(a) designating as an eligible class of property for the purposes of this Act
a class of property prescribed under section 26 of the Assessment Act,
and
(b) prescribing, with respect to one or more classes of property, the
method or order of calculating the amount by which the assessed
value of eligible property in that class is reduced under section 2 (1) or
(2).
Commencement
4. This Act comes into force by regulation of the Lieutenant Governor in
Council.
2
Lieutenant-.MM
Government all
Second Session, Thirty-fourth Parliament
37 Elizabeth H, 1988
Legislative Assembly of British Columbia
BILL 14
BUDGET STABILIZATION FUND ACT
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
This Act creates a special fund that is designed to stabilize government
operating revenues. Money that is paid into the fund during years of
comparatively high revenue will, together with income earned on it, be available
for general revenue in years of comparatively poorer revenue. As well, money in
the Lottery Fund special account may be paid into the fund.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 14 -1988
BUDGET STABILIZATION FUND ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Interpretation
1. In this Act
"fund" means the Budget Stabilization Fund established under section 2;
"general fund" means the general fund of the consolidated revenue fund.
Fund established
2. (1) The Budget Stabilization Fund is established.
(2) The purpose of the fund is to assist in stabilizing the operating revenues
of the government.
(3) The fund is a special fund for purposes of the Financial Administration
Act.
Payments into the fund
3. (1) Revenue, as specified by the Lieutenant Governor in Council, may be
paid into the fund by the Minister of Finance and Corporate Relations.
(2) Earnings of the fund become part of the fund.
Payments out of the fund
4. The Minister of Finance and Corporate Relations may, with the approval
of the Lieutenant Governor in Council, pay money out of the fund into the general
fund for the purposes referred to in section 2 (2)
Investments
5. In addition to investments that may be made under section 36 (1) of the
Financial Administration Act, the Minister of Finance and Corporate Relations
may, notwithstanding that section, invest money that is in the fund in any
investment of a class that is approved by the Treasury Board.
Payment from Lottery Fund
6. The balance in the Lottery Fund special account shall be transferred to
the fund on March 31, 1988 immediately after it is transferred to that special
account.
BILL 14
Lottery Act Amendment
7.
Section 7 of the Lottery Act, R.S.B.C. 1979, c. 249, 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) where the requisition is authorized by the Lieutenant
Governor in Council, paid out of the Lottery Fund special
account into the Budget Stabilization Fund established under
section 2 of the Budget Stabilization Fund Act.
Commencement
8.
This Act shall be deemed to have come into force on March 31, 1988
and is retroactive to the extent necessary to give it effect on and after that
date.
2
Lksttenant.Gerevw
Government Bill
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 15
EDUCATION EXCELLENCE
APPROPRIATION REPEAL ACT
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
This Bill repeals the E ducation Excellence Appropriation Act.
MINISTER OF FINANCE
AND CORPORATE RELATIONS.
BILL 15-1988
EDUCATION EXCELLENCE APPROPRIATION
REPEAL ACT
11ER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Repeal
1. The Education Excellence Appropriation Act, S.B.C. 1986, c. 6, is
repealed.
Commencement
2. Section 1 shall he deemed to have come into force on April I, 1988 and is
retroactive to the extent necessary to give it effect on and after that date.
ant.Govetett
Lerernment Bill
Second Session, Thirty-fourth Parliament
37 Elizabeth H, 1988
Legislative Assembly of British Columbia
BILL 16
HEALTH IMPROVEMENT APPROPRIATION
REPEAL ACT
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
This Bill repeals the Health Improvement Appropriation Act.
MINISTER OF FINANCE
AND CORPORATE RELATIONS.
BILL 16 -1988
HEALTH IMPROVEMENT APPROPRIATION
REPEAL ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Repeal
1. The Health Improvement Appropriation Act, S.B.C. 1986, c. 9, is repealed.
Commencement
2. Section 1 shall be deemed to have come into force on April 1,1988 and is
retroactive to the extent necessary to give it effect on and after that date.
u
Lieenant.
Gove rn mG
e
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 17
PRIVATIZATION BENEFITS FUND ACT
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
This Act creates a perpetual fund into which may be paid proceeds from the
government's privatization initiative. Income earned by money in the fund will
be paid annually into general revenue.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 17 -1988
PRIVATIZATION BENEFITS FUND ACT
PIER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Interpretation
1. In this Act
"fund" means the Privatization Benefits Fund established under section 2;
"general fund" means the general fund of the consolidated revenue fund.
Fund established
2. (1) The Privatization Benefits Fund is established.
(2) The purpose of the fund is to hold in perpetuity the proceeds of assets
disposed of through the privatization program in order to produce revenue for the
benefit of the Province.
(3) The fund is a special fund for purposes of the Financial Administration
Act.
Payments into the fund
3. (1) Where the government receives the proceeds of a privatization
transaction that has been designated as such by the Lieutenant Governor in
Council for the purposes of this section, the Minister of Finance and Corporate
Relations shall pay all or a portion of the proceeds, as specified by the Lieutenant
Governor in Council, into the fund.
(2) Subsection ( I) applies in respect of proceeds received before this Act
came into force.
Payments out of the fund
4. The Minister of Finance and Corporate Relations shall pay the accrued
earnings of the fund as of March 31 of each year into the general fund, to be used
initially to reduce the deficit and thereafter for general program purposes.
Investments
5. In addition to investments that may be made under section 36 (1) of the
Financial Administration Act, the Minister of Finance and Corporate Relations
may, notwithstanding that section, invest money that is in the fund in any
investment of a class that is approved by the Treasury Board.
BILL 17
Commencement
6. This Act shall be deemed to have come into force on April 1, 1988 and is
retroactive to the extent necessary to give it effect on and after that date.
2
rw&
Government Bill
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 18
SPECIAL ACCOUNTS APPROPRIATION
AND CONTROL ACT
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
The purpose of this Bill is to convert all special funds existing in the
consolidated revenue fund before March 31, 1988 into special accounts within the
general fund and to continue the statutory spending authority as set out in the
legislation creating those special funds. In addition, the Act gives the Lieutenant
Governor in Council the power to reduce the spending authority of the Crown
Land special account.
MINISTER OF FINANCE AND
CORPORATE RELATIONS.
BILL 18 -1988
SPECIAL ACCOUNTS APPROPRIATION
AND CONTROL ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
Interpretation
1. In this Act "special account" means an account in the general fund of the
consolidated revenue fund where the authorization to expend money from the
account is located in an Act other than a Supply Act.
Creation of special accounts
from certain funds
2. On March 31, 1988 the assets and liabilities of the following funds are
transferred to and become special accounts in the general fund of the consolidated
revenue fund
British Columbia Cultural Fund
Farm Income Assurance Fund
First Citizens Fund
Forest Stand Maaagement Fund
Habitat Conservation Fund
Industrial Development Subsidiary Agreement Loan
Repayment Revolving Fund
Lottery Fund
Low Interest Loan Assistance Revolving Fund
Physical Fitness and Amateur Sports Fund
Revenue Sharing Fund
The special funds established under section 41.2 of the
Financial Administration Act and section 2 of the Softwood
Lumber Products Export Charge Compensation Act.
British Columbia Cultural Fund
3. The Minister of Finance and Corporate Relations shall pay out of the
British Columbia Cultural Fund special account an amount equal to the interest
calculated on and attributable to the balance in that account for the purpose of
stimulating the cultural development of the people of the Province.
BILL 18
Crown Land Account
4. The Lieutenant Governor in Council may transfer any amount of the
balance in the Crown Land special account to the general fund of the consolidated
revenue fund.
Farm Income Assurance Fund
5. (1) The Minister of Finance and Corporate Relations may pay out of the
Farm Income Assurance Fund special account money to be used for the purposes
of a farm income plan established under the Farm Income Insurance Act .
(2) Money paid into the fund by contributors and under an appropriation
shall be paid into the Farm Income Assurance Fund special account to be paid out
in the manner provided for in subsection (1).
First Citizens Fund
6. The Minister of Finance and Corporate Relations may pay an amount
equal to the interest calculated on and attributable to the balance in the First
Citizens Fund special account for the purposes of advancing and expanding the
culture, education and economic opportunities and the position of persons of the
North American Indian race who were born in and are residents of the Province.
Forest Stand Management Fund
7. (1) The Minister of Forests and Lands may make payments out of the
Forest Stand Management Fund special account in an amount authorized by the
Lieutenant Governor in Council for the purposes of
(a) management and enhancement of forests, forest lands and range
lands, and
(b) employment and training opportunities related to paragraph (a).
(2) Money received as contributions
(a) under an appropriation,
(b) from the Government of Canada, municipalities, the forest industry,
forest sector unions and others, and
(c) under the levy imposed under section 4 of the Forest Stand
Management Fund Act,
shall be paid into the Forest Stand Management Fund special account of the
consolidated revenue fund to be paid out in the manner provided in subsection (1).
(3) The cumulative total of amounts paid out of the fund under subsection
( I) shall not exceed the cumulative total of
(a) the balance transferred under section 2 of this Act, and
(b) any amounts received under subsection (2) after March 31, 1988.
Habitat Conservation Fund
8. (1) The Minister of Environment and Parks may make payments out of
the Habitat Conservation Fund special account for
(a) the enhancement of fish and wildlife and their habitat,
(b) the acquisition of land for the maintenance of a population of any
species of fish and wildlife and its habitat,
2
BILL 18
(c) the furthering, stimulation and encouragement of knowledge and
awareness of the fund and of fish and wildlife generally by way of
promotional, educational or other programs, and
(d) the reasonable travelling and out of pocket expenses incurred by
persons advising the Minister of Environment and Parks on fish and
wildlife conservation matters relating to the fund.
(2) There shall be paid into the account
(a) surcharges collected on licences or applications for licences issued
under the Wildlife Act or the regulations made under that Act, and
(b) money acquired by gift, donation and bequest or by disposition of any
land for the purposes of the account.
(3) The cumulative total of amounts paid out the fund under subsection (1)
in any year shall not exceed the cumulative total of
(a) the balance transferred under section 2 of this Act, and
(b) any amounts r...eived under subsection (2) after March 31, 1988 .
Industrial Development
Subsidiary Agreement
Loan Repayment Revolving Fund
9. (1) The balance in the Industrial Development Subsidiary Agreement
Loan Repayment Revolving Fund special account including any interest
calculated on it may be used by the Minister of Finance and Corporate Relations
to make further loans in accordance with the provisions of the Community
Industrial Development Program of the Industrial Development Subsidiary
Agreement or in accordance with the provisions established by an agreement
made under subsection (3).
(2) Where money has been loaned or will be loaned by the government
pursuant to a shared cost loan under
(al the Community Industrial Development Program of the Industrial
Development Subsidiary Agreement entered into between the
government and Canada, or
(b) an agreement made under subsection (3),
the portion of each payment made to repay the loan that belongs to the
government, including interest, shall be paid into the Industrial Development
Subsidiary Agreement Loan Repayment Revolving Fund special account.
(3) The minister may, on behalf of the government, enter into an agreement
with Canada arranging for payment into the special account of the portion of each
payment, made to repay a loan referred to in subsection (2) (a) or (b) or both, that
belongs to Canada, including interest, and for the use of the balance in the special
account, including interest earned by it, by the minister for making loans under
subsection (1), subject to conditions the minister and Canada agree on.
(4) The Lieutenant Governor in Council may, on the recommendation of the
Minister of Economic Development, terminate the account, and, where it is
terminated, any future loan repayments, including interest, shall be paid into the
general fund of the consolidated revenue fund.
Physical Fitness and Amateur Sports Fund
10. The Minister of Finance and Corporate Relations may pay, in amounts
he considers necessary or advisable, any interest calculated on and attributable to
3
BILL 18
the balance in the account with the purpose of furthering and encouraging the
physical fitness of residents of the Province and of their participation in amateur
sports.
Amendments to Other Acts
Farm Income Insurance Act
11.
Section 6 of the Farm Income Insurance Act, R.S.B.C. 1979, c. 123, is
repealed.
Financial Administration Act
12.
13.
Section 1 of the Financial Administration Act, S.B C. 1981, c. 15, is
amended by adding the following definition:
"special account" means an account in the general fund of the
consolidated revenue fund where the authorization to expend money from
the account is located in an Act other than a Supply Act:
Section 41.2 is amended
(a) by repealing subsection (1) and substituting the following:
II) Money borrowed under section 41.1 shall be paid into a special
account to be administered by the Minister of Finance. , and
(b) in subsection (2) by striking out "special fund" and substituting
"special account".
14.
Sections 41.5 and 41.6 ere amended by striking out "special fund" and
substituting "special account" wherever they appear.
Forest Stand Management Fund Act
15.
Sections 1 to 3 of the Forest Stand Management Fund Act, S.B.C. 1986,
c. 8, are repealed.
Funds Control Act
16.
The Funds Control Act, R.S.B.C. 1979, c. 146, is repealed.
Industrial Development Fund Act
17.
The Industrial Development Fund Act, R.S.B.C. 1979, c. 194, is
repealed.
18.
The definition of "fund" in section 1 of the Lottery Act, R.S.B.0 1979,
c. 249, is repealed and the following substituted:
"fund" means the lottery fund special account of the consolidated
revenue fund created by the transfer under section 2 of the Special
Accounts Appropriation and Control Act; .
Lottery Act
4
BILL 18
Low Interest Loan Assistance Revolving Fund Act
19.
Section 1 of the Low Interest Loan Assistance Revolving Fund Act,
S.B.C. 1985, c. 44, is repealed and the following substituted:
Interpretation
1. In this Act "fund" means the Low Interest Loan Assistance
Revolving Fund special account of the consolidated revenue fund created
by the transfer under section 2 of the Special Accounts Appropriation and
Control Act.
Resource Revenue Stabilization Fund Act
20.
The Resource Revenue Stabilization Fund Act, S.l3.C. 1984, c. 8, is
repealed and, on March 31, 1988, all assets and liabilities of the fund that
was continued under that Act are transferred to and become part of the
general fund of the consolidated revenue fund.
21.
The definition of "fund" in section 1 of the Revenue Sharing Act,
R.S.B.C. 1979, c. 368, is repealed and the following substituted:
"fund" means the Revenue Sharing Fund special account of the
consolidated revenue fund created by the transfer under section 2 of the
Special Accounts Appropriation and Control Act; .
Revenue Sharing Act
Softwood Lumber Products Export
Charge Compensation Act
22.
23.
The definition of "special fund" in section 1 of the Softwood Lumber
Products Export Charge Compensation Act, S.B.C. 1987, c. 65, is repealed
and the following substituted:
"special account" means the special account of the consolidated
revenue fund created by the transfer under section 2 of the Special
Accounts Appropriation and Control Act.
Section 2 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) Money received by the government from Canada under the
federal Act on and after January 15, 1988 shall be paid into the special
account to be administered by the minister.
12) Interest calculated on and attributable to the balance in the
special account form part of it. , and
lb) in subsections 13) and (4) by striking out "special fund" and
substituting "special account".
Wildlife Act
24.
Section 11 of the Wildlife Act, S.B.C. 1982, c. 57, is repealed.
5
BILL 18
Commencement
25.
This Act shall be deemed to have come into force on March 31, 1988
and is retroactive to the extent necessary to give it effect on and after that
date.
6
e„....7
0eArd
>
k
Lierlewa-Govinor
Government Bill
Second Session, Thirty-fourth Parliament
37 Elizabeth II, 1988
Legislative Assembly of British Columbia
BILL 19
PROVINCIAL-MUNICIPAL PARTNERSHIP
(TAXATION MEASURES)
AMENDMENT ACT, 1988
Honourable Mel Couvelier
Minister of Finance and Corporate Relations
Explanatory Note
SECTION 1: puts owners of partially vacant buildings in the same position
as lessees with respect to eligibility for tax relief under the Act.
MINISTER OF FINANCE AND CORPORATE RELATIONS.
BILL 19-1988
PROVINCIAL-MUNICIPAL
PARTNERSHIP (TAXATION MEASURES)
AMENDMENT ACT, 1988
TIER MAJESTY, by and with the advice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as follows:
1.
Section 3 of the Provincial-Municipal Partnership (Taxation
Measures) Act, S. B.C. 1985, c. 54, is amended
(a) by repealing subsection (2) and substituting the following:
(2) The minister may, by order, reduce by 50% the tax, as defined by
this Act, that is payable in respect of an industrial building if
(a) a municipality has, pursuant to section 4 (2) of the ProvincialMunicipal Partnership Act, reduced the tax, as defined by that
Act, that is payable in respect of the building, and
(b) the owner of the building or a lessee of the building or a part of
the building is operating in the building a business that the
minister considers to be a new business. , and
(b) by adding the following subsection:
(3.1) On application by a person liable to pay tax in respect of an
industrial building that is situated in a rural area, the minister may, by
order, reduce by 50% the tax payable in respect of the industrial building
where
(a) not less than 50% of the floor area of the building was vacant
and unused for at least 6 months immediately preceding the
date of application, and
(b) the owner of the building is operating in the building a
business that the minister considers to be a new business.
Commencement
2.
This Act shall be deemed to have come into force on March 25, 1988
and is retroactive to the extent necessary to give it effect on and after that
date.