Acts and Regulations

84-191 - General

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-191
under the
Residential Property Tax Relief Act
(O.C. 84-623)
Filed July 26, 1984
Under section 14 of the Residential Property Tax Relief Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Residential Property Tax Relief Act.
2In this Regulation
“Act” means the Residential Property Tax Relief Act.(Loi)
2.1In the Act and this Regulation, “children”, in respect of a person, means the person’s children
(a) who are under the age of majority, or
(b) who are at or over the age of majority and unable to withdraw from the charge of the person or to obtain the necessaries of life by reason of illness, disability or pursuit of reasonable education.
2008-81
2.2(1)For the purposes of subsection 2.2(3) of the Act, the following criteria are to be considered by the Administrator in determining whether any residence of a person was the principal residence of the person during any period:
(a) whether the residence was the residence to which, during the period, the person intended to return when away;
(b) whether the residence was the residence where, during the period, the person ordinarily dwelled;
(c) whether the residence was the residence where the person ate, drank and slept during the period;
(d) whether the address of the residence appeared, during the period, on the driver’s licence, if any, of the person or on the registration certificate issued for any vehicle owned by the person;
(e) whether the residence was the residence where any children of the person dwelled while attending school during the period; and
(f) whether the address of the residence was an address where mail was received by the person during the period.
2.2(2)For the purposes of subsection 2.2(4) of the Act, the following criteria are to be considered by the Administrator in determining whether any residence of the spouse or children of a person was the principal residence of the spouse or children during any period:
(a) whether the residence was the residence to which, during the period, the spouse or children intended to return when away;
(b) whether the residence was the residence where, during the period, the spouse or children ordinarily dwelled;
(c) whether the residence was the residence where the spouse or children ate, drank and slept during the period;
(d) whether the address of the residence appeared, during the period, on the driver’s licence, if any, of the spouse or children or on the registration certificate issued for any vehicle owned by the spouse or children;
(e) in the case of a spouse, whether the residence was the residence where any children of the spouse dwelled while attending school during the period; and
(f) whether the address of the residence was an address where mail was received by the spouse or children during the period.
2008-81
2.3(1)In this section, “driver’s licence” means a licence as defined in the Motor Vehicle Act.
2.3(2)For the purposes of paragraphs 2.2(5)(a) and (6)(a) of the Act, the following databases are prescribed:
(a) the database containing the list of beneficiaries and their dependents under the Medical Services Payment Act;
(b) the database of registered owners of motor vehicles under the Motor Vehicle Act; and
(c) the database of driver’s licence holders under the Motor Vehicle Act.
2008-81
3An application to the Administrator under section 6 or 6.1 of the Act shall be on a form provided by the Director.
86-162; 90-35
4(1)Where an application to the Administrator under section 6 of the Act is refused in whole or in part the applicant shall be advised of such refusal, informed of the appeal proceeding and provided with a copy of the form referred to in subsection (2).
4(2)A notice of appeal to the Director under section 10 of the Act shall be on a form provided by the Director.
86-162; 90-35
5(1)Copies of forms for applications to the Administrator under sections 6 and 6.1 of the Act shall be provided to the public on request by the Director in addition to being available at each regional assessment office.
5(2)The addresses of the regional assessment offices referred to in subsection (1) are set forth in Schedule A.
86-162; 90-35
6The amount of credit on all eligible real property is an amount equal to the tax reduction determined under subsection 5(4) of the Real Property Tax Act.
86-162; 2008-81
6.1(1)The amount of an allowance in respect of real property for the years 1995 to 2009, inclusive, is
(a) the total amount of the taxes in respect of the portion of that real property used as a residence which are imposed in the year in which the application for the allowance is made and which are due and payable in that year, or
(b) two hundred dollars,
whichever is lesser.
6.1(1.1)For the purposes of subsection 6.1(1) of the Act, “taxable income” means taxable income as defined in the Income Tax Act (Canada).
6.1(2)For the purposes of subsection 6.1(1) of the Act and subsection (1), the amount of total taxable income is twenty thousand dollars.
6.1(2.1)If the total taxable income referred to in subsection 6.1(1) of the Act does not exceed $22,000 in the previous calendar year, the amount of the allowance to be applied under that subsection in respect of real property for the year 2010 or any succeeding year is the lesser of
(a) the total amount of the taxes in respect of the portion of that real property used as a residence which are imposed in the year for which the application for the allowance is made, and
(b) $300.
6.1(2.2)If the total taxable income referred to in subsection 6.1(1) of the Act exceeds $22,000 but does not exceed $25,000 in the previous calendar year, the amount of the allowance to be applied under that subsection in respect of real property for the year 2010 or any succeeding year is the lesser of
(a) the total amount of the taxes in respect of the portion of that real property used as a residence which are imposed in the year for which the application for the allowance is made, and
(b) $200.
6.1(2.3)If the total taxable income referred to in subsection 6.1(1) of the Act exceeds $25,000 but does not exceed $30,000 in the previous calendar year, the amount of the allowance to be applied under that subsection in respect of real property for the year 2010 or any succeeding year is the lesser of
(a) the total amount of the taxes in respect of the portion of that real property used as a residence which are imposed in the year for which the application for the allowance is made, and
(b) $100.
6.1(3)Repealed: 95-82
6.1(4)No person, person’s spouse or individual with whom a person cohabits in a conjugal relationship shall apply for or be allowed more than one allowance in any year.
6.1(5)No real property shall have more than one allowance in respect of that real property in any year.
86-162; 87-90; 93-208; 95-82; 2008, c.45, s.34; 2010-51
7New Brunswick Regulation 82-181 under the Residential Property Tax Relief Act is repealed.
SCHEDULE A
REGIONAL ASSESSMENT OFFICES
(Mailing Address: P.O. Box 5001 in each
region except Region J)
Region A
Carrefour Assomption Complex
Madawaska/
121 Church Street
Victoria
Edmundston, N.B. E3V 3L3
735-2075
 
Region C
Bicentennial Building
Victoria/Carleton
200 King Street
328-9971
Woodstock, N.B. EOJ 2B0
 
Region D
Provincial Regional Centre
York/Sunbury
300 St. Mary’s Street
453-2831
Fredericton, N.B. E3B 5G6
 
Region E
Centennial Building
Kings/Queens
Hampton, N.B. EOG 1Z0
832-5575
 
Region F
Milltown Road
Charlotte
St. Stephen, N.B. E3L 2X4
466-1851
 
Region G
179 Charlotte Street
Saint John
Saint John, N.B. E2L 4Y4
658-2586
 
Region H
Assumption Place
Westmorland/
770 Main Street
Albert
Moncton, N.B. E1C 8R3
856-2373
 
Region I
New Start Building
Kent
Richibucto, N.B. EOA 2M0
523-7603
 
Region J
155 Pleasant Street
Northumberland
Newcastle, N.B. E1V 1Y3
622-7754
 
Region K
Provincial Building
Gloucester
St. John Street
547-2090
Bathurst, N.B. E2A 3Z9
 
Region L
Rocca Building
Restigouche
Water Street
753-7603
Campbellton, N.B. E3N 3H5
90-35
 
N.B. This Regulation is consolidated to March 26, 2010.