BILL 71

An Act to Amend the Real Property Tax Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 5 of the Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended

(a)  in subsection (7) in the portion preceding paragraph (a) by striking out “the taxes and penalties that would have been payable for the following periods of years if the real property had not been registered” and substituting “the taxes that would have been payable for the following periods of years if the real property had not been registered and interest for the following periods of years at the rate prescribed under the Revenue Administration Act”;

(b)  by adding after subsection (7) the following:

5(7.1) Notwithstanding subsection (7), interest payable under that subsection shall not exceed the amount determined in accordance with the regulations.

(c)  in paragraph (8)(b) by striking out the portion preceding subparagraph (i) and substituting the following:

(b)  the person in whose name the farm outbuilding is assessed is liable to pay in respect of that farm outbuilding the taxes that would have been payable for the following periods of years if the farm outbuilding had not been registered and interest for the following periods of years at the rate prescribed under the Revenue Administration Act:

(d)  by adding after subsection (8) the following:

5(8.1) Notwithstanding paragraph (8)(b), interest payable under that paragraph shall not exceed the amount determined in accordance with the regulations.

(e)  in paragraph (9)(b) by striking out the portion preceding subparagraph (i) and substituting the following:

(b)  the person in whose name the portion of the real property is assessed is liable to pay in respect of that portion the taxes that would have been payable for the following periods of years if the portion had not been registered and interest for the following periods of years at the rate prescribed under the Revenue Administration Act:

(f)  by adding after subsection (9) the following:

5(9.1) Notwithstanding paragraph (9)(b), interest payable under that paragraph shall not exceed the amount determined in accordance with the regulations.

5(9.2) Where real property registered under the farm land identification program ceases to be registered under the program, the sum of the total of the taxes payable under subsection (7) or paragraph (8)(b) or (9)(b), as the case may be, and the amount of interest payable under subsection (7.1), (8.1) or (9.1), as the case may be, shall be deemed to be taxes for the purposes of this Act.

2 Subsection 10(3) of the French version of the Act is amended by striking out “du” and substituting “dû”.

3 Section 11.1 of the Act is amended

(a)  by adding after subsection (1) the following:

11.1(1.01) Where real property registered under the farm land identification program has been assessed under one assessment, upon the application by or on behalf of any person claiming to be the registered owner of the real property or any part of the real property, or of the Minister’s own accord, the Minister may, after giving notice to the person in whose name the real property is assessed, apportion the taxes that would have been payable if the real property had not been registered upon such parts of the real property in proportion to their relative assessed values as determined from the assessment and tax roll at the date of the notice given by the Minister and such apportionment shall be final and conclusive for all purposes.

(b)  in subsection (1.1) by striking out “subsection (1)” wherever it appears and substituting “subsection (1) or (1.01)”;

(c)  by adding after subsection (2) the following:

11.1(2.1) Forthwith after an apportionment has been made under subsection (1.01), the Minister shall enter in the assessment and tax roll the amount of taxes apportioned to each part.

4 Subsection 14(5) of the Act is amended by striking out “penalties” and substituting “interest”.

5 Section 26 of the Act is amended by adding after paragraph (c.21) the following:

(c.22)  respecting the determination of the amounts referred to in subsections 5(7.1), (8.1) and (9.1);

COMMENCEMENT

6 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a)  The existing provision is as follows:

5(7) Where real property registered under the farm land identification program ceases to be registered under the program as a result of a breach of any term or condition prescribed by the farm land identification program, the person in whose name the real property is assessed is liable to pay in respect of that real property the taxes and penalties that would have been payable for the following periods of years if the real property had not been registered:....

(b)  New provision.

(c)  The existing provision is as follows:

5(8) Notwithstanding subsection (7), where a farm outbuilding registered under the farm land identification program ceases to be registered under the program as a result of a breach of any term or condition prescribed by the program

(b)  the person in whose name the farm outbuilding is assessed is liable to pay in respect of that farm outbuilding the taxes and penalties that would have been payable for the following periods of years if the farm outbuilding had not been registered:....

(d)  New provision.

(e)  The existing provision is as follows:

5(9) Notwithstanding subsection (7), where any portion of real property registered under the farm land identification program ceases to be registered in the circumstances provided for in the regulations

(b)  the person in whose name the portion of the real property is assessed is liable to pay in respect of that portion the taxes and penalties that would have been payable for the following periods of years if the portion had not been registered:....

(f)  New provisions.

Section 2

An error is corrected in the French version.

Section 3

(a)  New provision.

(b)  The existing provision is as follows:

11.1(1.1) Where an apportionment is made under subsection (1), the Minister may apportion any of the debt remaining unpaid with respect to the amount of the payments under subsection 5(13) and any interest on that amount payable under subsection 5(15) upon the parts of the real property referred to in subsection (1) in proportion to their relative assessed values as determined from the assessment and tax roll at the date of the notice given by the Minister under subsection (1), and such apportionment shall be final and conclusive for all purposes.

(c)  New provision.

Section 4

Consequential amendment. The existing provision is as follows:

14(5) Nothing in subsection (3) affects a liability to pay taxes and penalties under subsection 5(7).

Section 5

New provision.

Section 6

Commencement provision.