BILL 19

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 The Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended by adding after section 5.01 the following:

Tax deferral seniors

5.02(1) The following definitions apply in this section.

“base year” means the base year determined in accordance with the regulations. (année de base)

“real and true value” means the real and true value determined under the Assessment Act. (valeur réelle et exacte)

5.02(2) A person who wishes to defer payment of the amount of taxes on a particular real property referred to in subsection (6) and who meets the following criteria may, on a form provided by the Minister and in accordance with the regulations, apply to the Minister for a deferral of payment of that amount:

(a)  the person is entitled to a credit in respect of the real property or a portion of it under section 2.1 of the Residential Property Tax Relief Act, other than a credit under subsections 2.1(3) and (7) of that Act;

(b)  the person is at least 65 years of age in the year of the application;

(c)  the person does not owe any tax arrears on the real property as of December 31 of the year preceding the year of the application; and

(d)  any other criteria prescribed by regulation.

5.02(3) The Minister shall determine that a person meets the criteria referred to in subsection (2) if the Minister is satisfied, based on any information the Minister considers relevant, that the person meets those criteria.

5.02(4) Despite subsections (2) and (3), the Minister may, in the circumstances prescribed by regulation, authorize any person who does not meet the criteria referred to in paragraphs (2)(b) to (d) to defer payment of the amount of taxes referred to in subsection (6).

5.02(5) Except with the Minister’s approval, this section does not apply if, in the Minister’s opinion, a significant portion of the particular real property is not residential property.

5.02(6) Subject to subsection (7), the amount of taxes that may be deferred on a particular real property for a given taxation year is calculated as follows:

A - B

where

A                is the amount of taxes for the given taxation year; and

B                is the amount of taxes for the base year.

5.02(7) In any given taxation year, the total of all amounts of taxes that are deferred on a particular real property and that remain unpaid shall not exceed 75% of the real and true value of the real property as of January 1 of that year.

5.02(8) If an amount of taxes deferred for a given taxation year under subsection (6) is unpaid on a date fixed by regulation, the amount bears interest in accordance with the regulations.

5.02(9) On a form provided by the Minister and in accordance with the regulations, a person authorized to defer an amount of taxes under this section may apply to the Minister to pay that amount or any portion of it and such amount becomes due and payable on the date of receipt of the application.

5.02(10) If a person authorized to defer an amount of taxes under this section in relation to a particular real property dies, transfers the real property or no longer meets the criteria referred to in paragraph (2)(a), then the amount calculated as follows plus the interest on that amount imposed under subsection (8) are due and payable immediately:

C - D

where

C                is the total of all amounts of taxes deferred under subsection (6) by the person; and

D               is the total of all amounts of taxes paid under subsection (9) by the person.

5.02(11) Subsection (10) does not apply in the circumstances prescribed by regulation or where the Minister considers it appropriate.

5.02(12) Subject to subsections 20(1.2) and 20.1(1.1), if an amount of taxes and the interest on that amount are due and payable under subsection (9) or (10), the sum of the amount of taxes and the interest on that amount shall be deemed to be taxes for the purposes of this Act.

5.02(13) Despite subsection (10), if a person authorized to defer an amount of taxes under this section dies and if his or her surviving spouse or common-law partner continues to occupy the same real property, the surviving spouse or common-law partner may, on a form provided by the Minister and in accordance with the regulations, apply to continue to defer the taxes on that property and, if the Minister considers it appropriate, the Minister may approve the application and waive the requirements in subsection (10) until the surviving spouse or common-law partner dies, transfers the real property or no longer meets the criteria referred to in paragraph (2)(a).

5.02(14) A determination or decision of the Minister under this section or under the regulations relating to this section is final and may not be questioned or reviewed in any court.

2 Section 20 of the Act is amended by adding after subsection (1.1) the following:

20(1.2) Subsections (1) and (1.1) do not apply to any amount of taxes and interest referred to in section 5.02 if the Minister considers it appropriate.

3 Section 20.1 of the Act is amended by adding after subsection (1) the following:

20.1(1.1) Subsection (1) does not apply to any amount of taxes and interest referred to in section 5.02.

4 Section 26 of the Act is amended

(a)  by renumbering the section as subsection 26(1);

(b)  in subsection (1) by adding after paragraph (b.1) the following:

(b.2)  respecting the application for the purposes of subsection 5.02(2);

(b.3)  prescribing criteria for the purposes of paragraph 5.02(2)(d);

(b.4)  prescribing the circumstances for the purposes of subsection 5.02(4);

(b.5)  determining the base year or authorizing the Minister to determine the base year for the purposes of subsection 5.02(6);

(b.6)  prescribing the date for the purposes of subsection 5.02(8);

(b.7)  respecting the rate of interest for the purposes of subsection 5.02(8) which may vary depending on the total family income prescribed in the regulation and authorizing the Minister to examine the total family income at any time for the purposes of determining the applicable rate of interest;

(b.8)  respecting the application for the purposes of subsection 5.02(9);

(b.81)  prescribing the circumstances for the purposes of subsection 5.02(11);

(b.9)  respecting the application for the purposes of subsection 5.02(13);

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

26(2) Regulations made under paragraphs (1)(b.2) to (b.9) and (g.3) may be made retroactive to January 1, 2012, or to any date after that date.

REPEAL AND COMMENCEMENT

5 An Act to Amend the Assessment Act, chapter 3 of the Acts of New Brunswick, 2011, is repealed.

6 This Act comes into force on January 1, 2012.