Acts and Regulations

2009-63 - Forestry Industry Remission Order

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Revoked on 27 March 2013
NEW BRUNSWICK
REGULATION 2009-63
under the
Financial Administration Act
Filed June 12, 2009
Under section 26 of the Financial Administration Act, the Board makes the following Order:
Repealed: 2013-27
Citation
1This Order may be cited as the Forestry Industry Remission Order - Financial Administration Act.
Application of Order
2This Order applies to the 2009 calendar year.
Qualifying forestry business
3(1)Subject to subsection (2), a forestry business qualifies for a remission under this Order if it falls within any of the following classifications:
(a) hardwood sawmills;
(b) wood preservation;
(c) veneer, plywood and engineered wood product manufacturing;
(d) millwork;
(e) wood container and pallet manufacturing;
(f) prefabricated wood building manufacturing;
(g) other miscellaneous wood product manufacturing;
(h) pulp, paper and paperboard mills; and
(i) converted paper product manufacturing.
3(2)A forestry business does not qualify for a remission under this Order if any of its products are included within the scope of the Softwood Lumber Agreement 2006 between the Government of Canada and the Government of the United States of America.
Eligible expenditures
4Capital expenditures of a qualifying forestry business that are made in manufacturing or processing machinery or equipment during the period commencing on March 17, 2009, and ending on December 31, 2009, are eligible expenditures for the purposes of this Order.
Remission
5(1)Subject to subsections (2) and (3), remission is granted to a qualifying forestry business of a portion of the tax paid under subsection 5(1) of the Real Property Tax Act in respect of the calendar year referred to in section 2.
5(2)The portion of the tax that can be remitted is the lesser of
(a) 50% of the tax paid under subsection 5(1) of the Real Property Tax Act for the calendar year on all real property owned by the qualifying forestry business, and
(b) 50% of the eligible expenditures made by the qualifying forestry business in the calendar year, excluding the tax paid under subsections 165(1) and (2) of the Excise Tax Act (Canada).
5(3)A remission shall not be granted unless the qualifying forestry business has paid all taxes, tax arrears and penalties payable on its real property under the Real Property Tax Act.
Application for remission
6(1)An application for a remission shall be made on a form provided by the Minister of Finance.
6(2)The application, together with any information required on the form, shall be submitted to the Minister of Economic Development before April 1, 2010.
2012, c.39, s.72
Records
7An applicant granted a remission under this Order shall maintain any record associated with his or her application until April 1, 2012.
N.B. This Regulation is consolidated to March 27, 2013.