BILL 67
An Act to Amend the Mining Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by adding the following definitions in alphabetical order:
“auditor” means an auditor appointed under subsection 3(8) of the Revenue Administration Act; (vérificateur)
“Provincial Tax Commissioner” means the Provincial Tax Commissioner appointed under subsection 3(1) of the Revenue Administration Act; (Commissaire de l’impôt provincial)
2 Section 3 of the Act is amended
(a)  by repealing subsection (1) and substituting the following:
3(1) Subject to subsection (3), the Minister is responsible for the administration and enforcement of this Act and the regulations and may designate persons to act on his or her behalf.
(b)  by adding after subsection (2) the following:
3(3) The Minister of Finance is responsible for the administration and enforcement of Part IX, except for section 98, and may designate persons to act on his or her behalf.
3 Section 8 of the Act is amended
(a)  by renumbering the section as subsection 8(1);
(b)  by adding after subsection (1) the following:
8(2) Subsection (1) does not apply to Part IX.
4 Section 13 of the Act is amended by adding after subsection (12) the following:
13(13) This section does not apply to Part IX.
5 Subsection 19(2) of the Act is amended in the portion preceding paragraph (a) by adding “ the Minister of Finance,” after “The Minister,”.
6 Section 20 of the Act is amended by adding “or the Minister of Finance” after “the Minister”.
7 The Act is amended by adding after section 20 the following:
Receipt of notice sent by mail
20.1 Any notice, order or other document sent under this Act by mail shall be deemed to have been received by the person to whom it was addressed not later than the fifth day after the day of mailing.
8 Part IX of the Act is repealed and the following is substituted:
PART IX
ROYALTIES
Royalties to be paid to Crown
98(1) Subject to subsection (2), every person who obtains or takes minerals under the authority of a mining lease shall pay royalties to the Crown in accordance with the regulations.
98(2) A person shall not be liable to pay a royalty under this section in respect of minerals in relation to which he or she is liable to pay a tax under the Metallic Minerals Tax Act.
98(3) Royalties owing under this Act on coal are due and payable monthly on the twentieth day of each month, and all other royalties owing under this Act are due and payable quarterly on the twentieth day of January, April, July, and October in each year or, where that day is a holiday, on the first banking day next following that day.
98(4) Notwithstanding anything contained in this Act, the Lieutenant-Governor in Council may, whenever he or she considers it necessary for the better management of mines and minerals, suspend the requirement for any person to pay royalties under this Act for a period not exceeding ten years.
Returns
98.1(1) Every person who obtains or takes minerals under the authority of a mining lease shall make returns to the Provincial Tax Commissioner, with copies to the Minister of Natural Resources, in such manner and form and at such time or times, as may be required by the regulations.
98.1(2) Every person who obtains or takes minerals under the authority of a mining lease shall keep records in such form, containing such information, in such place and for such length of time as may be required in accordance with the regulations.
Liability and assessment
98.2(1) A person referred to in subsection 98(1) is liable for royalties until they have been paid.
98.2(2) The Provincial Tax Commissioner may from time to time and at such intervals as he or she may consider reasonable, assess and reassess any royalties payable by a person referred to in subsection 98(1), and may vacate or vary any assessment or reassessment, and the royalties so determined shall, for the purposes of sections 98.5 and 99.8, then become due and payable by the person.
98.2(3) Where a person referred to in subsection 98(1) fails to
(a)  pay royalties, or
(b)  substantiate his or her payment by his or her records,
the Provincial Tax Commissioner may estimate the unpaid royalties and such estimated amount shall be deemed to be the amount of royalties then due and payable by the person.
98.2(4) The Provincial Tax Commissioner, an auditor, or a person whom the Provincial Tax Commissioner may designate for the purpose, may make or cause to be made an audit of the books of account, records, documents and papers of a person referred to in subsection 98(1).
98.2(5) In the discretion of the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under subsection (4), and for the purposes of subsection (4), any or all books of account, records, documents and papers of a person referred to in subsection 98(1) may be audited for such period or periods of time, in an audit period, as the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner approves, whether such approval for the period or periods of time is given before or after the audit, and the results of the audit may be applied over the audit period or any part of the audit period.
98.2(6) A person referred to in subsection 98(1) shall make his or her books of account, records, documents and papers available to the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under subsection (4) for the purposes of allowing an audit to be made under subsection (4).
98.2(7) In the discretion of the Provincial Tax Commissioner, royalties may be determined under subsection (2) and an amount of royalties may be estimated under subsection (3) by an audit under subsection (4).
98.2(8) The Provincial Tax Commissioner shall serve personally or send by ordinary or registered mail to the person referred to in subsection 98(1) at his or her last known address a notice of assessment in the form provided by the Minister of Finance setting out the amount determined under subsection (2) or estimated under subsection (3), and in the case of the person having more than one address, one of which is in the Province, such notice may be sent to the address in the Province.
98.2(9) Liability to assessment shall not be affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.
98.2(10) Any assessment made shall, subject to being varied or vacated on reconsideration or appeal, and subject to a reassessment, be valid and binding notwithstanding any error, defect or omission in the assessment or any proceeding under this Part relating to the assessment.
Audits
98.3(1) The Provincial Tax Commissioner, an auditor or any person whom the Provincial Tax Commissioner may designate for the purpose, may at reasonable times enter upon any premises or place where any records relating to mining operations are kept for the purpose of ascertaining the royalties payable by any person and may
(a)  audit or examine any books of account, records, documents, record keeping devices or papers and any account, invoice, voucher, letter, telegram or other document that is related or may relate to the royalties that may be payable,
(b)  examine any goods or property, process or matter, an examination of which may, in his or her opinion, assist him or her in ascertaining any information that is or should be in such books and records and of determining the accuracy of any information and of determining any matter that relates to the amount of royalties that may be payable,
(c)  make such inquiries as he or she considers necessary for the purposes of this Part, and
(d)  require any person on the premises or place to give him or her all reasonable assistance with his or her audit or examination and to answer all proper questions relating to such audit or examination either orally or, if he or she so requests, in writing, on oath or by statutory declaration, and for that purpose to require the owner or manager to attend at the premises or place with him or her,
and the person referred to in subsection 98(1) and each of his or her officers, employees and agents shall, at that time, answer all questions put to him or her relating to any of the matters concerning which authority to enter is given in this section, and shall produce for inspection such books of account, records, record keeping devices, documents and papers as are required by the Provincial Tax Commissioner, auditor or person designated by the Provincial Tax Commissioner.
98.3(2) The Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under subsection (1) may seize any books of account, records, documents or other papers which he or she discovers during an audit or examination under this section, and which he or she believes on reasonable grounds may provide evidence of the commission of an offence under this Act.
Warrants and protection
98.4(1) A person acting under section 98.3 may, before or after attempting to enter any premises or place under that section, apply for an entry warrant in accordance with the Entry Warrants Act.
98.4(2) A person acting under section 98.3 may, for the purposes of his or her protection, be accompanied by a police officer, as defined in the Police Act, or a member of the Royal Canadian Mounted Police.
Notice of objection
98.5(1) Where a person referred to in subsection 98(1) considers that he or she is not liable for royalties or disputes liability for the royalties assessed against him or her, he or she may personally or by his or her solicitor, within thirty days after paying the royalties or the date of the service or mailing of a notice of assessment, whichever is sooner, serve on the Provincial Tax Commissioner a notice of objection in duplicate in the form provided by the Minister of Finance setting out the reasons for the objection and all relevant facts.
98.5(2) A notice of objection under this section is sufficiently served if delivered to the office of the Provincial Tax Commissioner or sent by ordinary or registered mail addressed to the Provincial Tax Commissioner.
98.5(3) Upon receipt of a notice of objection, the Provincial Tax Commissioner shall within sixty days reconsider the assessment and vacate, confirm or vary the assessment or reassess, and shall notify the person of his or her action by personal service or by ordinary or registered mail.
Appeal to Minister of Finance
98.6(1) If the person is dissatisfied with the decision of the Provincial Tax Commissioner under section 98.5, he or she may within thirty days after being notified of such decision, appeal from the decision to the Minister of Finance.
98.6(2) An appeal to the Minister of Finance shall be instituted by sending to the Minister of Finance and Provincial Tax Commissioner by ordinary or registered mail, or by delivery to the offices of both, a notice of appeal in the form provided by the Minister of Finance setting out the grounds of the appeal and stating briefly the facts relative to the appeal.
98.6(3) The Minister of Finance shall within thirty days after the receipt of a notice of appeal fix a date to consider the appeal and shall give a notice of such hearing to the appellant and the Provincial Tax Commissioner.
98.6(4) Upon any such appeal the Minister of Finance may affirm, vary or reverse the decision of the Provincial Tax Commissioner and shall give the appellant written notice of his or her decision by personal service or by ordinary or registered mail.
98.6(5) The Lieutenant-Governor in Council may make regulations to govern the practice and procedure on appeals to the Minister of Finance.
98.6(6) For the purposes of this section, the Minister of Finance may designate persons to act on his or her behalf and the term “Minister of Finance” as used in this section and sections 99, 99.2 and 99.3 includes any person so designated.
Appeal to Court of Queen’s Bench
99(1) If the appellant is dissatisfied with the decision of the Minister of Finance under section 98.6, he or she may, within thirty days after the date of service or mailing of notice of the Minister of Finance’s decision, appeal from such decision to a judge of The Court of Queen’s Bench of New Brunswick.
99(2) The appeal shall be commenced by serving upon the Minister of Finance a notice of appeal in writing setting out the grounds of appeal and stating shortly the facts relative to the appeal.
Jurisdiction and procedures of Court
99.1(1) For the purposes of, or in connection with, any proceedings, hearing or appeal before a judge of The Court of Queen’s Bench of New Brunswick, the judge shall have full power and authority to direct and enforce
(a)  discovery of documents,
(b)  examination for discovery, and
(c)   the taking of evidence and depositions of witnesses before hearings.
99.1(2) Such jurisdiction may be exercised by the Court or any judge of the Court on the application of the Provincial Tax Commissioner, or on the application of any party to any appeal or other hearing or proceedings pending.
99.1(3) An application under subsection (2) shall be made in accordance with the rules and practice of The Court of Queen’s Bench of New Brunswick in respect of discovery of documents, examination for discovery and the taking of evidence and depositions of witnesses before trial or hearing.
99.1(4) All applications made under this section shall be deemed to be matters in The Court of Queen’s Bench of New Brunswick, and, when the practice of the Court so requires, all such applications, orders, or other proceedings shall be filed in the Court.
99.1(5) All orders made by The Court of Queen’s Bench of New Brunswick or a judge of the Court on any such application shall be deemed to be orders made in The Court of Queen’s Bench of New Brunswick and enforceable as such.
99.1(6) Any order or commission issued upon any order referred to in subsection (5) shall be issued out of and returnable to The Court of Queen’s Bench of New Brunswick.
99.1(7) All applications, orders and commissions referred to in this section, together with all evidence, exhibits, documents and other proceedings shall, at the request of the Provincial Tax Commissioner or of any party to the appeal, proceeding or hearing with respect to or in connection with which such application or order was made or such order or commission was issued, be transmitted by the clerk of The Court of Queen’s Bench of New Brunswick to the judge before whom such appeal, proceeding or hearing is pending.
99.1(8) All applications, orders and commissions referred to in this section, and all evidence, exhibits, documents and other proceedings returned shall, when so transferred to the judge, be available to be used by or before him or her in the same manner and to the same extent as in any other proceeding before the Court.
99.1(9) The rules and practice of The Court of Queen’s Bench of New Brunswick with respect to the admissibility and effect of any evidence, exhibits, documents and other proceedings so had or obtained shall be applicable to any hearing before a judge of The Court of Queen’s Bench of New Brunswick.
Date of hearing of appeal
99.2 Within fourteen days after the service upon the Minister of Finance of the notice of appeal, the appellant shall apply to the judge for the appointment of a day for the hearing of the appeal and shall serve upon the Minister of Finance not less than fourteen days before the hearing a written notice of the day appointed for the hearing.
Production of paper and documents
99.3 The Minister of Finance shall cause to be produced before the judge on the hearing of the appeal all papers and documents in his or her possession or under his or her control affecting the matter of the appeal.
Hearing and decision of appeal
99.4(1) The judge shall hear the appeal and the evidence adduced before him or her by the appellant and Her Majesty in right of the Province in a summary manner, and shall decide the matter of the appeal.
99.4(2) The costs of the appeal are in the discretion of the judge and the judge may make an order respecting them in favour of or against Her Majesty in right of the Province, and may fix the amount of the costs.
Appeal to Court of Appeal
99.5 There shall be an appeal from a decision of the judge to the Court of Appeal on any point of law raised upon the hearing of the appeal, and the rules governing appeals to that Court from a decision of The Court of Queen’s Bench of New Brunswick apply to appeals under this section.
Requirement to keep records
99.6 A person referred to in subsection 98(1) who gives a notice of objection under this Part shall keep all records affecting the matter of the objection until the objection is disposed of and any appeal is disposed of or the time for initiating any such appeal has expired.
Effect of appeal on royalties payable, interest and penalties
99.7 Neither the giving of a notice of appeal by any person nor any delay in the hearing of an appeal shall in any way affect the due date, the interest or penalties, or any liability for payment provided under this Act in respect of any money due and payable to Her Majesty in right of the Province that are the subject matter of the appeal, but in the event of the assessment of the Provincial Tax Commissioner being set aside or reduced on appeal, the Minister of Finance shall refund the amount or excess amount that has been paid to Her Majesty in right of the Province and any additional interest or penalty paid on the amount or excess amount.
Royalties a debt to Crown
99.8(1) The amount of any royalties that are due and payable under this Act shall constitute a debt due to Her Majesty in right of the Province and may be recovered by action in her name in any court of competent jurisdiction.
99.8(2) The court may in an action under subsection (1) make an order as to the costs of the action in favour of or against Her Majesty in right of the Province.
Certificate as to amount
99.81(1) Notwithstanding section 99.8, when default has been made in payment of any royalties that have been assessed under this Act, the Provincial Tax Commissioner may so certify and may issue a certificate stating the amount so due and payable including interest, if any, and penalty, if any, and the name of the person by whom the same is due and payable.
99.81(2) A certificate referred to in subsection (1) may be issued
(a)  when directed by the Minister of Finance, or
(b)  upon the expiration of thirty days after the mailing of a registered letter demanding payment.
99.81(3) A certificate issued under subsection (1) may be filed in The Court of Queen’s Bench of New Brunswick, and shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by Her Majesty in right of the Province against the person named in the certificate for the amount specified in the certificate.
99.81(4) All reasonable costs and charges attendant upon the filing, entering and recording of the certificate shall be recovered in like manner as if the amount had been included in the certificate.
Liability of directors
99.82(1) Where a person referred to in subsection 98(1) fails to pay the amount of any royalties that is due and payable under this Act is a corporation, the directors of the corporation at the time the corporation was required to pay the amount are jointly and severally liable, together with the corporation, to pay that amount and any interest and penalties in relation to that amount.
99.82(2) A director is not liable under subsection (1) unless
(a)  a judgment is obtained for the amount of the corporation’s liability referred to in subsection (1), or
(b)  a certificate for the amount of the corporation’s liability referred to in subsection (1) is filed in The Court of Queen’s Bench of New Brunswick under subsection 98.81(3),
and execution for that amount is returned unsatisfied in whole or in part.
99.82(3) A director is not liable for a failure under subsection (1) where the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances.
99.82(4) No action or proceedings to recover any amount payable by a director under subsection (1) shall be commenced more than two years after the director last ceased to be a director of the corporation.
99.82(5) Where the execution referred to in subsection (2) is returned unsatisfied in whole or in part, the amount recoverable from a director is the amount remaining unsatisfied.
99.82(6) A director who pays an amount in respect of a corporation’s liability referred to in subsection (1) is entitled to any preference that Her Majesty in right of the Province would have been entitled to had such amount not been so paid and, where a judgment has been obtained or a certificate that relates to such amount has been filed, the director is entitled to an assignment of the judgment or the certificate, as the case may be, to the extent of the director’s payment, which assignment the Minister of Finance is empowered to make.
99.82(7) A director who has satisfied a claim under this section is entitled to contribution from the other directors who were liable for the claim.
99.82(8) Sections 99.8, 99.81 and 99.84 apply with the necessary modifications to a director who becomes liable under subsection (1) and to the property of the director as if the director were the person referred to in subsection 98(1).
Dispute notice
99.83(1) Before any action or proceedings to recover an amount payable by a director under subsection 99.82(1) are commenced against a director, the Provincial Tax Commissioner shall notify the director in writing that the Provincial Tax Commissioner, in the name of Her Majesty in right of the Province, intends to commence an action or proceedings against the director to recover that amount.
99.83(2) A director may, by sending a dispute notice to the Minister of Finance within ten days after receiving a notice under subsection (1), object, on one or both of the following grounds, to any action or proceedings being commenced against the director:
(a)  that the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in the circumstances;
(b)  that more than two years have elapsed after the director last ceased to be a director of the corporation.
99.83(3) The Minister of Finance shall review the grounds stated in the dispute notice sent to the Minister of Finance under subsection (2) and shall notify the person who sent the dispute notice as to the Minister’s decision.
99.83(4) The Minister of Finance shall decide whether to commence an action or proceeding against a director who sends a dispute notice under subsection (2) on the basis of written information provided in the dispute notice, which shall include the grounds of objection, all facts and documentation in support of the objection and such other information as the Minister of Finance may require.
99.83(5) A notice under subsection (1) or (3) may be served personally or may be sent by ordinary or registered mail to the director at the director’s last known address.
99.83(6) A dispute notice under subsection (2) may be delivered to the office of the Minister of Finance or may be mailed to the Minister of Finance by ordinary or registered mail.
99.83(7) For the purposes of this section, the Minister of Finance may designate persons to act on the Minister of Finance’s behalf and the term “Minister of Finance” as used in this section includes any person so designated.
Interest
99.84(1) From and after the date on which an amount due to Her Majesty in right of the Province under this Act is to be paid by a person referred to in subsection 98(1), the amount bears interest at the rate prescribed by regulation.
99.84(2) Notwithstanding subsection (1), where an audit is made under this Act and circumstances in accordance with the regulations exist, an amount due to Her Majesty in right of the Province under this Act by a person referred to in subsection 98(1) bears interest at the rate prescribed by regulation for the period of time prescribed by regulation.
99.84(3) If the amount and interest referred to in subsection (2) are not paid on or before the time prescribed by regulation, the sum of the amount and the interest bears interest at the rate under subsection (1) after that time.
99.84(4) Subsection (1), (2) or (3) applies notwithstanding that a certificate has been issued under section 99.81 and entered and recorded as a judgment of The Court of Queen’s Bench of New Brunswick.
Refund for overpayment
99.85(1) The Minister of Finance may refund any overpayment made on account of royalties if application is made by the person who made the overpayment within five years from the day on which the overpayment was made.
99.85(2) No action shall be brought to recover the amount of any overpayment after the expiration of five years from the day on which the overpayment was made.
99.85(3) The application for a refund under subsection (1) shall
(a)  be made in writing,
(b)  set forth such information as the Minister of Finance considers necessary, and
(c)  be accompanied by documentary evidence of the overpayment.
99.85(4) Where an application for the refund of any overpayment made on account of royalties is made in accordance with this section, the Minister of Finance may, if authorized in writing by the person making the application, pay the amount of the overpayment, or any part of it, to the appropriate official of another jurisdiction.
Certificate as evidence
99.86(1) In any prosecution or other proceeding under this Part, a certificate signed by the Minister of Finance, the Deputy Minister of Finance or the Provincial Tax Commissioner or purporting to be signed by the Minister of Finance, the Deputy Minister of Finance or the Provincial Tax Commissioner stating that
(a)  a specified amount is the amount of royalties due and payable, or deemed to be due and payable, by a person under this Act,
(b)  a person failed to keep such records in such form, containing such information, in such place and for such length of time as is required under this Act and the regulations,
(c)  a person failed to make a return in such form and manner and at such times as is required under this Act and the regulations,
(d)  royalties were unpaid during a specified period of time, or
(e)  a person at a specified time refused to permit the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner to conduct an audit under this Act or obstructed or interfered with an audit conducted by the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under this Act,
may be adduced in evidence without proof of the appointment, signature or authority of the Minister of Finance, the Deputy Minister of Finance or the Provincial Tax Commissioner and, when so adduced, is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and, where the person named in the certificate has the same name as the defendant, that the person named in the certificate is the defendant.
99.86(2) Any report, certificate or other document signed by the Minister of Finance, the Deputy Minister of Finance or by the Provincial Tax Commissioner or purporting to be signed by the Minister of Finance, the Deputy Minister of Finance or by the Provincial Tax Commissioner may be adduced in evidence in any court without proof of the appointment, signature or authority of the Minister of Finance, the Deputy Minister of Finance or of the Provincial Tax Commissioner and, when so adduced, is, in the absence of evidence to the contrary, proof of the facts stated in the report, certificate or document.
Additional penalty
99.87 In addition to the penalties prescribed by the provisions of this Act or the regulations, every person who fails to pay the royalties due under the provisions of this Act or the regulations under this Act is liable to a penalty in the amount or at the rate prescribed by regulation, plus interest on the penalty at the rate prescribed by regulation.
Waiver of interest and penalties
99.88 The Provincial Tax Commissioner, with the approval of the Minister of Finance, may in accordance with the regulations waive in full or in part a requirement under this Act to pay interest or a requirement under section 99.87 to pay a penalty.
Offences and penalties
99.89(1) A person who is required to pay royalties and who fails to pay the royalties due after a demand by the Provincial Tax Commissioner under section 99.81 commits an offence.
99.89(2) In addition to any fine that may be imposed, the judge shall, on conviction, impose a fine of not less than the amount of the royalties due and not more than double the royalties due.
99.89(3) The Provincial Tax Commissioner shall determine the amount of the royalties due for purposes of section 99.81 and this section from such information as is available to him or her and such amount determined by the Provincial Tax Commissioner shall be proof in the absence of evidence to the contrary that such amount is the amount due and payable.
99.89(4) The Provincial Tax Commissioner, an auditor, or a person whom the Provincial Tax Commissioner may designate for the purpose, may make or cause to be made an audit of the books of account, records, documents and papers of a person who fails to pay the royalties due under the provisions of and in accordance with this Act or the regulations under this Act.
99.89(5) In the discretion of the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under subsection (4), and for the purposes of subsection (4), any or all books of account, records, documents and papers of a person who fails to pay the royalties due under the provisions of and in accordance with this Act or the regulations under this Act may be audited for such period or periods of time, in an audit period, as the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner approves, whether such approval for the period or periods of time is given before or after the audit, and the results of the audit may be applied over the audit period or any part of the audit period.
99.89(6) A person who fails to pay the royalties due under the provisions of and in accordance with this Act or the regulations under this Act shall make his or her books of account, records, documents and papers available to the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under subsection (4) for the purposes of allowing an audit to be made under subsection (4).
99.89(7) In the discretion of the Provincial Tax Commissioner, an amount of royalties may be determined under subsection (3) by an audit under subsection (4).
99.89(8) Notwithstanding subsection (1), where the Provincial Tax Commissioner proceeds in accordance with section 98.2 and obtains recovery under this Act of the amount of royalties that should have been paid, such recovery shall be deemed to have been a payment of the royalties by the person referred to in subsection 98(1).
Order on conviction and penalty
99.9 Upon convicting a person for an offence under this Part, the court may, in addition to any penalty imposed, order the person to pay to the Minister of Finance or to the court for the benefit of the Minister of Finance any amount owing under this Part and in default of payment the person is liable to imprisonment for a term not exceeding three months.
Powers of Provincial Tax Commissioner
99.91 The Provincial Tax Commissioner may, in the course of his or her employment, issue certificates and discharge judgments taken under section 99.81, and execute or receive all other documents, affidavits, declarations and affirmations for the purposes of or incidental to the administration or enforcement of this Part.
9 Section 100 of the Act is amended
(a)  in subsection (1) by striking out “royalty,”;
(b)  in subsection (3) by striking out “royalty,”;
(c)  in subsection (5) by striking out “royalty,”.
10 Subsection 115(1) of the Act is amended by adding after paragraph (s) the following:
(s.1)  respecting returns to be made to the Provincial Tax Commissioner;
(s.2)  respecting the manner in which and the time or times at which returns are to be made to the Provincial Tax Commissioner;
(s.3)  respecting the records to be kept by a person referred to in subsection 98(1), including the information to be contained in them, the place or places where they are to be kept and the length of time they are to be kept;
(s.4)  respecting the circumstances under subsection 99.84(2);
(s.5)  respecting the period of time under subsection 99.84(2);
(s.6)  prescribing the time under subsection 99.84(3);
(s.7)  prescribing the amount or rate of penalty for the purpose of section 99.87;
(s.8)  respecting the waiver under section 99.88 of a requirement to pay interest or a penalty;
11 Paragraph 116(1)(c) of the Act is repealed and the following is substituted:
(c)  impede, obstruct or interfere with the Minister, the Minister of Finance, the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner or an officer appointed under this Act in the execution of his or her powers or duties;
12 The Act is amended by adding after section 121 the following:
Limitation period
121.1 A prosecution for an offence under Part IX shall be commenced within three years from the time it is alleged to have been committed.
13 Subsection 122(1) of the Act is amended by adding “, other than under Part IX,” after “or other proceeding under this Act”.
14 Section 81 of An Act Respecting the Penalties for Provincial Offences, chapter 61 of the Acts of New Brunswick, 1990, is repealed.
15 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
Definitions are added.
Section 2
(a)  The existing provision is as follows:
3(1) The Minister is responsible for the administration and enforcement of this Act and the regulations and may designate persons to act on his behalf.
(b)  New provision.
Section 3
(a)  Section 8 is renumbered as subsection 8(1).
(b)  New provision.
Section 4
New provision.
Section 5
Consequential amendment.
Section 6
Consequential amendment.
Section 7
New provision.
Section 8
New provisions.
Section 9
(a)  Consequential amendment.
(b)  Consequential amendment.
(c)  Consequential amendment.
Section 10
New provisions.
Section 11
The existing provision is as follows:
116(1) No person shall ...
(c)  obstruct the Minister or an officer appointed under this Act in the execution of his powers and duties;
Section 12
New provision.
Section 13
Consequential amendment.
Section 14
Consequential amendment
Section 15
Commencement provision.