BILL 41

An Act to Amend the Revenue Administration Act

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

1 Section 38 of the Revenue Administration Act, chapter R-10.22 of the Acts of New Brunswick, 1983, is amended

(a)  by repealing subsection (1) and substituting the following:

38(1) The Minister may refund any overpayment made on account of a tax if an application for the refund is made by the person who made the overpayment within three years from the day on which the overpayment was made, subject to any other time limit for the application established in or under a revenue Act.

(b)  by repealing subsection (2) and substituting the following:

38(2) No action shall be brought to recover the amount of an overpayment referred to in subsection (1) or any part of the overpayment after the expiration of three years from the day on which the overpayment was made.

2 This Act comes into force on January 1, 2013.