BILL 51

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1 Subsection 10(5) of the Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is repealed and the following is substituted:

Application of payments

10(5) If a person pays an amount that is less than the total amounts he or she owes under this Act, under section 190.061 of the Municipalities Act and under section 8.2 of The Residential Tenancies Act, such amount shall be applied as follows:

(a)  first, in payment of the following amounts in the following order:

(i) tax arrears and penalties, other than those pertaining to taxes imposed under paragraphs 5(2)(a) and (a.1);

(ii) the amount of payments referred to in subsection 5(13) and the interest referred to in subsection 5(15) that are due and unpaid;

(iii) the amounts referred to in section 190.061 of the Municipalities Act that are due to the Minister and unpaid; and

(iv) the residential tenancy administration fee and penalty referred to in section 8.2 of The Residential Tenancies Act that are due and unpaid;

(b)  second, in payment of tax arrears and penalties that pertain to taxes imposed under paragraphs 5(2)(a) and (a.1) and collected by the Minister;

(c)  third, in payment of the following amounts in the following order:

(i) taxes, other than taxes imposed under paragraphs 5(2)(a) and (a.1); and

(ii) the residential tenancy administration fee referred to in section 8.2 of The Residential Tenancies Act; and

(d)  fourth, in payment of taxes imposed under paragraphs 5(2)(a) and (a.1) and collected by the Minister.