Acts and Regulations

2001-12 - New Brunswick Film Tax Credit

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2001-12
under the
New Brunswick Income Tax Act
(O.C. 2001-80)
Filed March 16, 2001
Under section 124 of the New Brunswick Income Tax Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the New Brunswick Film Tax Credit Regulation - New Brunswick Income Tax Act.
Definitions
2In this Regulation
“Act” means the New Brunswick Income Tax Act; (Loi)
“certificate” means a New Brunswick film tax credit certificate. (certificat)
Definition of “regional project”
2010-14
2.01In the Act, “regional project” means an eligible project for which more than 50% of the principal photography is done outside a radius of 50 kilometres from the city hall in The City of Fredericton, the city hall in Moncton and the city hall in The City of Saint John.
2010-14
Rate
2001-55
2.1The rate for the purposes of paragraph 60(3)(a) of the Act is 40%.
2001-55; 2010-14
Rate for regional projects
2010-14
2.2The rate for the purposes of paragraph 60(3)(b) of the Act is 10%.
2010-14
Application for certificate
3(1)An application for a certificate shall be made to the Minister of Tourism, Heritage and Culture on a form provided by that Minister and accompanied by the information specified on the form.
3(2)The Minister of Tourism, Heritage and Culture may refuse to accept an application for a certificate where the application is incomplete.
3(3)The Minister of Tourism, Heritage and Culture, or any person designated by that Minister, shall review an application for a certificate in respect of a project, shall determine whether the requirements under this Regulation and section 60 of the Act have been met and shall determine the amount of the New Brunswick film tax credit for the project.
2001, c.41, s.13; 2010-14; 2012, c.39, s.101; 2012, c.52, s.35
Eligible projects
4(1)The following projects are eligible projects for the purposes of section 60 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.
4(2)After April 5, 2011, only a project that meets the following criteria is an eligible project for the purposes of section 60 of the Act:
(a) the project is an eligible project referred to in subsection (1);
(b) the pre-approval application with respect to the project is made to the Minister of Wellness, Culture and Sport on or before April 5, 2011; and
(c) the Minister of Wellness, Culture and Sport or the Minister of Tourism, Heritage and Culture, as the case may be, or any person designated by that Minister, determines that the requirements under this Regulation and section 60 of the Act are met with respect to the project.
2012-94; 2012, c.52, s.35
Projects that are not eligible projects
5The following projects are not eligible projects for the purposes of section 60 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 Tourism, Heritage and Culture, or any person designated by that Minister, determines does not enhance the image of the film industry in New Brunswick.
2001, c.41, s.13; 2010-14; 2012, c.39, s.101; 2012, c.52, s.35
Issuance of certificate
6(1)If the Minister of Tourism, Heritage and Culture, or a person designated by that Minister, determines that the requirements under this Regulation and section 60 of the Act have been met with respect to a project, the Minister of Tourism, Heritage and Culture may recommend to the Minister of Finance and Treasury Board of New Brunswick that a certificate be issued to the applicant.
6(2)Upon the recommendation of the Minister of Tourism, Heritage and Culture, the Minister of Finance and Treasury Board of New Brunswick may issue a certificate to an applicant.
6(3)The Minister of Finance and Treasury Board of New Brunswick may refuse to issue a certificate to an applicant where the applicant does not meet the requirements under this Regulation and section 60 of the Act.
2001, c.41, s.13; 2010-14; 2012, c.39, s.101; 2012, c.52, s.35; 2019, c.29, s.102
Revocation of certificate
7The Minister of Finance and Treasury Board of New Brunswick may revoke a certificate where the holder of the certificate does not comply with this Regulation and section 60 of the Act.
2019, c.29, s.102
Waiver
8The circumstances and terms and conditions under which a waiver in respect of an eligible employee or an eligible individual may be made under subsection 60(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 and Treasury Board of New Brunswick, or any person designated by that Minister, the services referred to in paragraph (a) are an important consideration in the eligible project.
2019, c.29, s.102
Commencement
9This Regulation shall be deemed to have come into force on January 1, 2000.
N.B. This Regulation is consolidated to December 20, 2019.