BILL 32

An Act to Amend the Residential Property Tax Relief Act

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

1 Section 1 of the Residential Property Tax Relief Act, chapter R-10 of the Revised Statutes, 1973, is amended in the definition “credit” by striking out “section 2 or 2.1” and substituting “section 2, 2.1 or 4.2”.

2 Subsection 2.2(2) of the Act is amended in the portion preceding paragraph (a) by adding “or 4.2” after “section 2.1”.

3 Section 4 of the Act is amended by striking out “subsection 2(1.1) or (1.2) or subsection 2.1(3), (4) or (7)” and substituting “subsection 2(1.1) or (1.2), subsection 2.1(3), (4) or (7) or subsection 4.2(2)”.

4 The Act is amended by adding after section 4.1 the following:

Eligibility for credit where real property vacant following death

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

“immediate family member”, when used in reference to any person, means a spouse, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, sister, brother, grandfather, grandmother, grandson or granddaughter. (proche parent)

“personal representative” means a personal representative as defined in the Devolution of Estates Act. (représentant personnel)

“year of death” means the year in which a person who received a credit under section 2 or 2.1 dies. (année de décès)

4.2( 2) Where real property for which a person received a credit under section 2 or 2.1 in respect of the year of death has become vacant as a result of the death of that person, a person in whose name the real property is assessed shall be credited by the Minister of Finance and Treasury Board against taxes owing in respect of that real property a prescribed amount for a period of up to two years after the year of death if

(a)  the person in whose name the real property is assessed is

( i) the estate or personal representative of the deceased person, or

( ii) an immediate family member of the deceased person who is a resident of New Brunswick to whom the real property is conveyed by the estate or personal representative or in whom the real property vests by survivorship, and

(b)  the real property has not been occupied, leased or rented during the period for which the credit is claimed.

Commencement

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