Acts and Regulations

97-138 - New Brunswick Film Tax Credit

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NEW BRUNSWICK
REGULATION 97-138
under the
Income Tax Act
(O.C. 97-949)
Filed December 4, 1997
Under section 29 of the Income Tax Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the New Brunswick Film Tax Credit Regulation - Income Tax Act.
2In this Regulation
“Act” means the Income Tax Act.
3(1)An application for a New Brunswick film tax credit certificate shall be made to the Minister of Business New Brunswick on a form provided by that Minister and accompanied by the information specified on the form.
3(2)The Minister of Business New Brunswick may refuse to accept an application under subsection (1) where the application is incomplete.
98-89; 1998, c.41, s.65; 2000, c.26, s.162; 2001, c.41, s.10
4The Minister of Business New Brunswick, or any person designated by that Minister, shall review an application under section 3 in respect of a project, shall determine whether the requirements under this Regulation and section 5.2 of the Act have been met and shall determine the amount of the New Brunswick film tax credit for the project.
98-89; 1998, c.41, s.65; 2000, c.26, s.162; 2001, c.41, s.10
5The following projects are eligible projects for the purposes of section 5.2 of the Act:
(a) a project intended for a feature film, a made-for-television movie or a series;
(b) a project intended for dramatic, animated or children’s programming; and
(c) a project intended for a television, film or video program, such as a documentary or an educational, experimental or non-theatrical production.
6The following projects are not eligible projects for the purposes of section 5.2 of the Act:
(a) projects intended for films and videos of a promotional or instructional nature for commercial, industrial or institutional purposes, such as technical instruction, music promotional videos, game shows, contests, sporting events and news, weather or current affairs reporting; and
(b) any project that the Minister of Business New Brunswick, or any person designated by that Minister, determines does not enhance the image of the film industry in New Brunswick.
98-89; 1998, c.41, s.65; 2000, c.26, s.162; 2001, c.41, s.10
7(1)Where the Minister of Business New Brunswick, or any person designated by that Minister, determines that the requirements under this Regulation and section 5.2 of the Act have been met with respect to a project, the Minister of Business New Brunswick may recommend to the Minister of Finance of New Brunswick that a New Brunswick film tax credit certificate be issued to the applicant.
7(2)Upon the recommendation of the Minister of Business New Brunswick, the Minister of Finance of New Brunswick may issue a New Brunswick film tax credit certificate to an applicant.
7(3)The Minister of Finance of New Brunswick may refuse to issue a New Brunswick film tax credit certificate to an applicant where the applicant does not meet the requirements under this Regulation and section 5.2 of the Act.
98-89; 1998, c.41, s.65; 2000, c.26, s.162; 2001, c.41, s.10
8The Minister of Finance of New Brunswick may revoke a New Brunswick film tax credit certificate where the holder of the certificate does not comply with this Regulation and section 5.2 of the Act.
8.1The circumstances and terms and conditions under which a waiver in respect of an eligible employee or an eligible individual may be made under subsection 5.2(5) of the Act are:
(a) the eligible employee or eligible individual renders services as a technician or services of a technical nature, other than services as an actor, for an eligible corporation in respect of an eligible project,
(b) no resident of New Brunswick is available and willing, or has the expertise and is willing, to render the services referred to in paragraph (a), and
(c) in the opinion of the Minister of Finance of New Brunswick, or any person designated by the Minister, the services referred to in paragraph (a) are an important consideration in the eligible project.
98-36
9This Regulation shall be deemed to have come into force on June 13, 1996.
N.B. This Regulation is consolidated to December 31, 2001.