Acts and Regulations

I-2 - Income Tax Act

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Repealed on 13 June 2012
CHAPTER I-2
Income Tax Act
Repealed: 2012, c.33, s.1
Application of Act
0.1Notwithstanding any other provision of this Act except subsection 3(2.9), this Act does not apply to
(a) the 2000 taxation year or any subsequent taxation year of an individual, and
(b) the taxation years of a corporation that end after December 31, 1999.
2000, c.N-6.001, s.128
I
INCOME TAX
DIVISION A
LIABILITY FOR TAX
Liability for tax
1(1)An income tax shall be paid as hereinafter required for each taxation year by every individual
(a) who was resident in New Brunswick on the last day of the taxation year, or
(b) who, not being resident in New Brunswick on the last day of the taxation year, had income earned in the taxation year in New Brunswick as defined in paragraph 2(4)(b).
1(2)An income tax shall be paid as hereinafter required for each taxation year by every corporation that maintained a permanent establishment in New Brunswick at any time in the year.
1961-62, c.2, s.2; 1963, c.10, s.1, 2; 1966, c.155, s.1; 1972, c.35, s.1
DIVISION B
INDIVIDUAL INCOME TAX
COMPUTATION OF TAX
Tax on individuals and trusts
2(1)The tax payable under this Act for a taxation year by an individual who resided in New Brunswick on the last day of the taxation year and had no income earned in the taxation year outside New Brunswick is the percentage of the tax payable under the Federal Act for that year specified in subsection (3).
2(2)The tax payable under this Act for a taxation year by an individual
(a) who resided in New Brunswick on the last day of the taxation year but had income earned in the taxation year outside New Brunswick, or
(b) who did not reside in New Brunswick on the last day of the taxation year but had income earned in the taxation year in New Brunswick,
is the amount that bears the same relation to the percentage of the tax payable under the Federal Act for that year specified in subsection (3) that his income earned in the taxation year in New Brunswick bears to his income for the year.
2(2.1)In addition to the tax payable under subsections (1) and (2), an individual, other than a trust, who resided in New Brunswick on the 31st day of December, 1978, shall pay a tax for the 1978 taxation year equal to the amount deductible by him pursuant to any provision of the Federal Act based on paragraph 13 of the Notice of Ways and Means Motion to Amend the Income Tax Act tabled in the House of Commons on April 10, 1978.
2(2.2)The tax payable under subsection (2.1) shall not be taken into consideration in determining the payments required to be made by section 12 or 13 or in determining the reduction prescribed under subsection (3.1).
2(2.3)For the 1982 taxation year, the tax payable by an individual described in paragraph (2)(a) for the year is the amount equal to the aggregate of
(a) the amount determined under subsection (2) for the year, and
(b) the amount that bears the same relation to the product obtained when the amount added under subsection 120.1(2) of the Federal Act for the year is multiplied by the percentage specified in subsection (3) for the year that his income earned in the taxation year outside New Brunswick bears to his income for the year.
2(2.4)For the 1982 taxation year, the tax payable by an individual described in paragraph (2)(b) for the year is the amount by which
(a) the amount determined under subsection (2) for the year
exceeds
(b) the amount that bears the same relation to the product obtained when the amount added under subsection 120.1(2) of the Federal Act for the year is multiplied by the percentage specified in subsection (3) for the year that his income earned in the taxation year in New Brunswick bears to his income for the year.
2(2.5)An individual to whom section 1 is applicable for a taxation year shall be deemed to have paid on account of his tax for the year an amount equal to the product obtained when
(a) an amount that bears the same relation to the excess determined under subsection 120.1(4) of the Federal Act for the year that his income earned in the taxation year in New Brunswick bears to his income for the year
is multiplied by
(b) the percentage specified in subsection (3) for the year.
2(3)For the purposes of this section the percentage of the tax payable under the Federal Act to be used for computing the tax payable under this section is as follows:
(a) 16 per cent in respect of the 1962 taxation year;
(b) 17 per cent in respect of the 1963 taxation year;
(c) 18 per cent in respect of the 1964 taxation year;
(d) 21 per cent in respect of the 1965 taxation year;
(e) 24 per cent in respect of the 1966 taxation year;
(f) 28 per cent in respect of each of the 1967 and 1968 taxation years;
(g) 35.5 per cent in respect of the 1969 taxation year;
(h) 38 per cent in respect of the 1970 and the 1971 taxation years;
(i) 41.5 per cent in respect of the 1972 to 1976 taxation years inclusive;
(j) 55.5 per cent in respect of the 1977 to 1982 taxation years inclusive;
(k) 58 per cent in respect of the 1983 to 1987 taxation years inclusive;
(l) 60 per cent in respect of the 1988 to 1992 taxation years inclusive;
(m) 62 per cent in respect of the 1993 taxation year;
(n) 64 per cent in respect of the 1994 to 1996 taxation years inclusive;
(o) 63 per cent in respect of the 1997 taxation year;
(p) 61 per cent in respect of the 1998 taxation year;
(q) 60 per cent in respect of the 1999 taxation year.
2(3.1)The amount of tax payable as computed pursuant to this section is reduced
(a) 2 per cent in respect of the 1976 taxation year;
(b) 1.5 per cent in respect of the 1977 taxation year;
(c) 3.0 per cent in respect of the 1978 taxation year; and
(d) 5.5 per cent in respect of the 1979, 1980 and 1981 taxation years.
2(4)In this section,
(a) “tax payable under the Federal Act” by an individual in respect of a taxation year means the tax or amount referred to in paragraph 120(4)(c) of the Federal Act for the year in respect of that individual;
(b) “income earned in the taxation year in New Brunswick” means the income earned in the taxation year in New Brunswick as determined in accordance with regulations made under paragraph 120(4)(a) of the Federal Act;
(c) “income earned in the taxation year outside New Brunswick” means income for the year minus income earned in the taxation year in New Brunswick;
(d) “income for the year” means
(i) in the case of an individual resident in Canada during part only of the taxation year in respect of whom section 114 of the Federal Act applies, the aggregate of
(A) his income for the period or periods in the year referred to in paragraph 114(a) of the Federal Act as determined in accordance with and for the purposes of the Federal Act, and
(B) his income for the portion of that year that is not included in the period or periods referred to in clause (A), computed under paragraphs 115(1)(a), (b) and (c) of the Federal Act as though such portion of the year were the whole taxation year,
(ii) in the case of an individual not resident in Canada at any time in the taxation year, his income for the year as computed under paragraphs 115(1)(a), (b) and (c) of the Federal Act, and
(iii) in the case of any other individual, his income for the year as determined in accordance with and for the purposes of the Federal Act.
2(5)An individual who, under the Federal Act, pays tax computed in accordance with subsection 117(6) thereof, may, in lieu of the tax under subsection (1), pay a tax determined by reference to a table prepared in accordance with prescribed rules.
2(6)Where an individual resided in New Brunswick on the last day of a taxation year and had income for the year that included income earned in a country other than Canada in respect of which any non-business-income tax was paid by him to the government of a country other than Canada, he may deduct from the tax payable by him under this Act for that taxation year an amount equal to the lesser of
(a) the amount, if any, by which any non-business-income tax paid by him for the year to the government of such other country exceeds the aggregate of all amounts each of which is an amount claimed by him as a deduction for that year under subsection 126(1) or 180.1(1.1) of the Federal Act; and
(b) that proportion of the tax otherwise payable under this Act for that taxation year, not including the tax payable under subsection (2.1), that
(i) the aggregate of the taxpayer’s incomes from sources in that country, excluding any portion thereof that was deductible by him under subparagraph 110(1)(f)(i) of the Federal Act or in respect of which an amount was deductible by him under section 110.6 of the Federal Act,
(A) for that year, if section 114 of the Federal Act is not applicable, or
(B) if section 114 of the Federal Act is applicable, for the period or periods in the year referred to in paragraph (a) thereof,
on the assumption that
(C) no businesses were carried on by him in that country,
(D) no amount was deducted under subsection 91(5) of the Federal Act in computing his income for the year, and
(E) his income from employment in that country was not from a source in that country to the extent of the lesser of the amounts determined in respect thereof under paragraphs 122.3(1)(c) and (d) of the Federal Act for the year,
is of
(ii) the taxpayer’s income earned in New Brunswick
(A) in the year, if section 114 of the Federal Act is not applicable, or
(B) if section 114 of the Federal Act is applicable, in the period or periods of the year referred to in paragraph (a) thereof,
minus any amounts deducted by him under section 110.6 or paragraph 111(1)(b) of the Federal Act or deductible by him under paragraph 110(1)(d), (d.1), (d.2), (d.3), (f) or (j) or section 112 of the Federal Act for the year or in respect of such period or periods, as the case may be.
2(6.1)For the purposes of subsection (6), “tax payable” and “tax otherwise payable” mean the amount that would, but for sections 120.1 and 127.4 of the Federal Act, be the tax otherwise payable under this Act.
2(7)For the purposes of subsection (6) and paragraph 4(1)(b), the non-business-income tax paid by a taxpayer to the government of a country other than Canada in respect of his income for a year is the non-business-income tax paid by him to the government of that country in respect of that year as computed under paragraph 126(7)(c) of the Federal Act for the purposes of that Act.
2(8)Where an amount is to be refunded to a trust in respect of a taxation year pursuant to section 132 of the Federal Act, the Minister shall, subject to subsection (9), at such time and in such manner as is provided in that section, refund to the trust an amount (in this section referred to as its “capital gains refund” for the year) equal to that proportion of the amount of the refund for the year calculated under subsection 132(1) of the Federal Act that
(a) the percentage obtained by multiplying the percentage referred to in subsection (3) for the year times the percentage referred to in paragraph 122(3)(a) of the Federal Act for the year,
is of
(b) the percentage referred to in subparagraph 132(4)(b)(i) of the Federal Act for the year.
2(9)For the purpose of computing the capital gains refund under subsection (8) for a trust in respect of a taxation year where the trust had income earned in the taxation year outside New Brunswick, the refund shall be that proportion of the capital gains refund for the year, otherwise determined under subsection (8), that the trust’s income earned in the taxation year in New Brunswick is of its income for the year.
2(10)Instead of making a refund that might otherwise be made under subsection (8), the Minister may, where the trust is liable or about to become liable to make any payment under this Act, apply the amount that would otherwise be refunded to that other liability and notify the trust of that action.
1961-62, c.2, s.3; 1963, c.10, s.3, 4; 1965, c.22, s.1; 1966, c.66, s.1; 1966, c.155, s.2; 1969, c.41, s.1; 1972, c.35, s.2; 1973, c.46, s.1; 1975, c.29, s.1; 1975, c.80, s.1; 1977, c.15, s.1, 2, 3; 1978, c.29, s.1; 1979, c.35, s.1; 1981, c.32, s.1; 1982, c.30, s.1; 1983, c.39, s.1; 1984, c.46, s.1; 1986, c.45, s.1; 1987, c.6, s.42; 1988, c.19, s.1; 1990, c.12, s.1; 1993, c.33, s.1; 1997, c.40, s.1; 1999, c.31, s.1; 2000, c.N-6.001, s.128
Surtax
2.01In addition to the tax otherwise payable under this Act for a taxation year, every individual shall pay a tax in respect of the 1991 to 1999 taxation years, inclusive, that is equal to 8 per cent of the amount, if any, by which the tax that would be otherwise payable for the taxation year, before a deduction authorized by subsection 2(6) or section 2.1, 2.2 or 2.3 is made, exceeds thirteen thousand five hundred dollars.
1991, c.41, s.1; 1993, c.33, s.2; 2000, c.N-6.001, s.128
Deduction respecting political contribution
2.1(1)For the purposes of this section
(a) “contribution” means a contribution made to a registered political party, a registered district association or a registered independent candidate pursuant to the Political Process Financing Act and “contributor” means a person who makes a contribution pursuant to that Act;
(a.1) “corporation” means any corporation incorporated under the laws of the Province and any corporation having its head or other office or doing business or any part thereof in the Province;
(b) “individual” means a natural person and, notwithstanding subsection 56(1), does not include a trust or estate;
(c) “official representative” means the official representative of a registered political party, registered district association or registered independent candidate, as the case may be, registered pursuant to section 137 of the Elections Act;
(d) “receipt” means a receipt for a contribution issued pursuant to the Political Process Financing Act;
(e) “registered district association” means a district association that is registered pursuant to section 135 of the Elections Act;
(f) “registered independent candidate” means an independent candidate who is registered pursuant to section 136 of the Elections Act;
(g) “registered political party” means a political party that is registered pursuant to section 133 of the Elections Act;
(h) “tax otherwise payable under this Act” means the amount that would, but for section 120.1 of the Federal Act, be the tax otherwise payable under this Act.
2.1(2)There may be deducted from the tax otherwise payable under this Act by a taxpayer who is an individual or a corporation for a taxation year in respect of the aggregate of all amounts, each of which is the amount of a contribution of money made by the taxpayer in a year to a registered political party, a registered district association or a registered independent candidate,
(a) 75 per cent of the aggregate if the aggregate does not exceed $100,
(b) $75 plus 50 per cent of the amount by which the aggregate exceeds $100 if the aggregate exceeds $100 and does not exceed $550, or
(c) the lesser of
(i) $300 plus 33 1/3 per cent of the amount by which the aggregate exceeds $550 if the aggregate exceeds $550, and
(ii) $500,
if each contribution that is included in the aggregate is proven by filing with the Minister a receipt signed by the official representative of the registered political party, registered district association or registered independent candidate, as the case may be.
2.1(3)Subsection (2) applies only with respect to contributions made after the coming into force of that subsection.
2.1(4)No amount may be deducted pursuant to subsection (2) with respect to a contribution to a registered independent candidate unless it was made during an election period as defined in the Elections Act and after his official representative was registered under that Act in the election in which he is a candidate.
2.1(5)For the purposes of this section, a contribution shall be deemed to have been made on the date it is deemed to have been made pursuant to the Political Process Financing Act.
2.1(6)Subject to the provisions of the Political Process Financing Act, every official representative shall retain signed duplicates of all receipts issued by him.
2.1(7)Notwithstanding any provision of the Political Process Financing Act, for the purposes of this section the Minister may examine and make copies of any receipts or duplicates thereof, and of any return, record, report or other document filed with the Supervisor under the Political Process Financing Act.
2.1(8)No person shall file a false or deceptive receipt with the Minister.
1980, c.26, s.1; 1981, c.33, s.1; 1984, c.46, s.2; 1997, c.12, s.1
Stock savings tax credit
2.2(1)For the purposes of this section
“individual” means a natural person and, notwithstanding subsection 56(1), does not include a trust or estate, who during the taxation year or a preceding taxation year purchased an eligible security and contributed it to a stock savings plan;(particulier)
“tax otherwise payable” means the amount that would be the tax otherwise payable by an individual under this Act computed without any addition or deduction being made under section 120.1 of the Federal Act.
2.2(2)For the purposes of this section, the definitions and interpretations contained in or made under the Stock Savings Plan Act apply.
2.2(3)Subject to subsections (4), (5) and (6), for the 1990 and subsequent taxation years, there may be deducted by an individual from the tax otherwise payable under this Act for a taxation year an amount equal to the aggregate of
(a) the stock savings tax credit allowed for the taxation year under section 11 of the Stock Savings Plan Act, and
(b) the stock savings tax credits that were allowed for any of the immediately preceding seven taxation years to the extent that the tax credits have not been previously deducted under this section.
2.2(4)Where an individual claims a stock savings tax credit for a taxation year under this section, the individual’s return required under this Act for the taxation year shall be accompanied by the completed stock savings tax credit form provided under subsection 11(2) of the Stock Savings Plan Act.
2.2(5)The amount of the stock savings tax credit allowed to be deducted by an individual under this section shall be deducted
(a) in the taxation year for which the tax credit is allowed, or
(b) where the individual does not have tax otherwise payable in the taxation year for which the tax credit is allowed against which the amount of the tax credit can be deducted, in the earliest taxation year thereafter in which the individual has tax otherwise payable against which the amount of the tax credit can be deducted.
2.2(6)The Minister of Finance may set any procedures that the Minister of Finance considers appropriate with respect to the manner in which a stock savings tax credit is to be claimed.
2.2(7)Where an individual is entitled in the same taxation year to a tax credit under section 2.1 and this section, the individual shall deduct first from tax otherwise payable the tax credit under section 2.1.
1989, c.S-14.2, s.30; 1997, c.12, s.2
Deduction respecting labour-sponsored venture capital corporation
2.3(1)For the purposes of this section
“approved share” means a share of the capital stock of a prescribed registered labour-sponsored venture capital corporation acquired or irrevocably subscribed and paid for by an individual where the individual is or will be the first person, other than a broker or dealer in securities, to be a registered holder thereof;
“individual” means a natural person and, notwithstanding subsection 56(1), does not include a trust or estate;
“net cost” means the amount, if any, by which the amount of consideration paid by an individual to acquire or subscribe for an approved share exceeds the amount of assistance, other than an amount included in computing a tax credit of the individual in respect of that share, provided or to be provided by a government, municipality or any public authority in respect of, or for the acquisition of, the approved share;
“registered labour-sponsored venture capital corporation” means a corporation registered under subsection 204.81(1) of the Federal Act;
“tax otherwise payable” means the amount that would be the tax otherwise payable by an individual under this Act computed without any addition or deduction made under section 120.1 of the Federal Act.
2.3(2)There may be deducted from the tax otherwise payable under this Act for a taxation year by an individual an amount equal to the lesser of
(a) one thousand dollars, and
(b) twenty per cent of the total of all amounts each of which is the net cost to the individual of an approved share of a prescribed registered labour-sponsored venture capital corporation
(i) that was acquired or irrevocably subscribed and paid for by the individual in the taxation year or within sixty days after the end of the taxation year,
(ii) in respect of which the individual has filed with the individual’s return of income for the taxation year the information return described in paragraph 204.81(6)(c) of the Federal Act, and
(iii) for which no portion of the net cost was deducted under this section for the immediately preceding taxation year.
2.3(2.1)Notwithstanding subsection (2), where approved shares are acquired or irrevocably subscribed and paid for after March 5, 1996, there may be deducted from the tax otherwise payable under this Act for a taxation year by an individual an amount equal to the lesser of
(a) five hundred and twenty-five dollars, and
(b) fifteen per cent of the total of all amounts each of which is the net cost to the individual of an approved share of a prescribed registered labour-sponsored venture capital corporation
(i) that was acquired or irrevocably subscribed and paid for by the individual in the taxation year or within sixty days after the end of the taxation year,
(ii) in respect of which the individual has filed with the individual’s return of income for the taxation year the information return described in paragraph 204.81(6)(c) of the Federal Act, and
(iii) for which no portion of the net cost was deducted under this section for the immediately preceding taxation year.
2.3(2.2)Notwithstanding subsection (2.1), the maximum amount that may be deducted by an individual from the tax otherwise payable under this Act for the 1996 taxation year is the total of
(a) the lesser of
(i) one thousand dollars, and
(ii) twenty per cent of the total cost of all approved shares acquired or irrevocably subscribed and paid for after 1995 and before March 6, 1996, other than the portion of the total in respect of which an amount was deducted in computing the individual’s tax otherwise payable under this Act for the 1995 taxation year, and
(b) the lesser of
(i) the amount, if any, by which five hundred and twenty-five dollars exceeds the amount determined under paragraph (a) in respect of the individual, and
(ii) fifteen per cent of the total cost of approved shares acquired or irrevocably subscribed and paid for after March 5, 1996, and before March 2, 1997.
2.3(2.3)Notwithstanding subsection (2.1), where approved shares are acquired or irrevocably subscribed and paid for after December 31, 1997, there may be deducted from the tax otherwise payable under this Act for a taxation year by an individual an amount equal to the lesser of
(a) seven hundred and fifty dollars, and
(b) fifteen per cent of the total of all amounts each of which is the net cost to the individual of an approved share of a prescribed registered labour-sponsored venture capital corporation
(i) that was acquired or irrevocably subscribed and paid for by the individual in the taxation year or within sixty days after the end of the taxation year,
(ii) in respect of which the individual has filed with the individual’s return of income for the taxation year the information return described in paragraph 204.81(6)(c) of the Federal Act, and
(iii) for which no portion of the net cost was deducted under this section for the immediately preceding taxation year.
2.3(3)Where an individual is entitled in the same taxation year to a tax credit under section 2.1, 2.2 or this section, the individual shall deduct last from the tax otherwise payable the tax credit under this section.
2.3(4)This section applies to the 1993 to 1997 taxation years, inclusive, and to any subsequent taxation year prescribed by regulation.
1993, c.33, s.3; 1997, c.12, s.3; 1998, c.25, s.1; 1999, c.31, s.2
Child tax benefit and working income supplement
2.4(1)In this section, “adjusted earned income”, “adjusted income”, “base taxation year”, “cohabiting spouse”, “earned income”, “eligible individual”, “qualified dependant” and “return of income” have the same meanings as in section 122.6 of the Federal Act.
2.4(2)Paragraph 56(7)(h) does not change a reference to Canada in the definitions “eligible individual” and “return of income” or in paragraph 122.61(3)(a) of the Federal Act, as those provisions apply for the purposes of this section, to a reference to New Brunswick.
2.4(3)Notwithstanding section 2, an overpayment on account of a person’s liability under this Act for a taxation year is deemed to have arisen during a month in relation to which the year is the base taxation year where
(a) the person, and if the Minister of Finance so demands, the person’s cohabiting spouse at the end of the taxation year have filed a return of income for that year, and
(b) the person was resident in New Brunswick for a period that commenced before the first day of the month and that included that day.
2.4(4)Subject to subsection (5), the overpayment deemed under subsection (3) to have arisen during a month on account of the person’s liability under this Act for a taxation year is equal to the amount determined by the formula
1/12[(A-B)+(C-D)]
where
 
A
is the product obtained by multiplying $250 by the number of qualified dependants in respect of whom the person was an eligible individual at the beginning of the month,
 
 
B
is 5 % (or where the person is an eligible individual of only one qualified dependant at the beginning of the month, 2 ½%) of the amount, if any, by which the person’s adjusted income for the year exceeds $20,000,
 
 
 
C
is the lesser of $250 and 4% of the amount, if any, by which the person’s adjusted earned income for the year exceeds $3,750, and
 
 
D
is 5% of the amount, if any, by which the person’s adjusted income for the year exceeds $20,921.
2.4(5)Notwithstanding the definition of base taxation year, 1996 is for all purposes the base taxation year in relation to the months of April, May and June of 1997.
2.4(6)No refund of overpayments that are deemed to arise in the months of April to September, inclusive, of 1997, shall be paid before October of 1997.
2.4(7)Notwithstanding subsections (3) and (4), subsection 122.61(2) and paragraph 122.61(3)(a) of the Federal Act apply for the purposes of this section.
2.4(8)Subsections 122.62(1), (2) and (4) of the Federal Act apply for the purposes of this section.
2.4(9)For the purposes of determining the amount deemed under this section to be an overpayment on account of a person’s liability under this Act, subsections 122.62(6), (7) and (8) of the Federal Act apply in the circumstances set out in those subsections.
2.4(10)The Minister of Finance may, based on considerations of administrative efficiency, specify that a refund of an overpayment that is deemed to arise in a month be made in that month or before or after that month occurs.
2.4(11)A refund of an amount deemed under this section to be an overpayment on account of a person’s liability under this Act for a taxation year
(a) cannot be charged or given as security,
(b) cannot be assigned except under a prescribed Act,
(c) cannot be garnished or attached,
(d) is exempt from execution or seizure, and
(e) cannot be retained by way of deduction or set-off under the Financial Administration Act.
2.4(12)The Minister of Finance may specify the forms that are to be used for the purposes of this section.
1997, c.40, s.2
Seniors’ tax benefit
2.5(1)In this section
“spouse” means spouse as defined in the Federal Act, but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition.
2.5(2)Notwithstanding section 2, an overpayment of one hundred dollars on account of an individual’s liability under this Act for a taxation year is deemed to have arisen in the taxation year if the individual
(a) resided in New Brunswick on the last day of the preceding taxation year,
(b) was in receipt of the spouse’s allowance for widows and widowers or guaranteed income supplement under the Old Age Security Act (Canada) in the preceding taxation year, and
(c) has, either on his or her own behalf or through a representative, filed an application on the form provided by the Minister of Finance of New Brunswick for a refund of such amount and provided all of the information required by the form before the date required by that Minister.
2.5(3)The Minister of Finance of New Brunswick may, in his or her discretion, refund to an individual the amount deemed to be an overpayment under this section.
2.5(4)A refund of the amount deemed to be an overpayment under this section
(a) cannot be charged or given as security,
(b) cannot be assigned except under a prescribed Act,
(c) cannot be garnished or attached,
(d) is exempt from execution or seizure, and
(e) cannot be retained by way of deduction or set-off under the Financial Administration Act.
2.5(5)Notwithstanding subsection (2), where both an individual and his or her spouse are eligible to apply for a refund under that subsection for a taxation year, only one of them may apply under that subsection for that year, except where otherwise provided by regulation.
2.5(6)This section applies to the 1998 and 1999 taxation years.
1998, c.36, s.1; 1999, c.31, s.3; 2000, c.N-6.001, s.128
CORPORATION INCOME TAX
Tax on corporations
3(1)The tax payable by a corporation under the Act for a taxation year is seventeen per cent of the corporation’s taxable income earned in the year in New Brunswick.
3(2)Where a corporation has a taxation year part of which is before and part of which is after the commencement of 1962, the tax payable by the corporation for that taxation year is that proportion of the tax computed under subsection (1) that the number of days in that portion of the taxation year that is in 1962 is of the number of days in the whole taxation year.
3(2.1)Where a corporation has a taxation year part of which is in 1980 and part of which is in 1981 tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1980 and the second beginning on January 1, 1981;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with the rate set out in subsection (1) as it was on December 31, 1980, and
(ii) tax for the second notional taxation year in accordance with the rate set out in subsection (1) as it is deemed to have been on January 1, 1981; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.2)Where a corporation has a taxation year part of which is in 1983 and part of which is in 1984, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1983 and the second beginning on January 1, 1984;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it was on December 31, 1983, and
(ii) tax for the second notional taxation year in accordance with this Act as it is deemed to have been, or was to be read, on January 1, 1984; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.3)Where a corporation has a taxation year part of which is in 1984 and part of which is in 1985, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1984 and the second beginning on January 1, 1985;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it is or as it is to be read at December 31, 1984,
(ii) the tax for the second notional taxation year in accordance with this Act as it is on January 1, 1985; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.4)Where a corporation has a taxation year part of which is in 1985 and part of which is in 1986, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1985 and the second beginning on January 1, 1986;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it is on December 31, 1985,
(ii) tax for the second notional taxation year in accordance with this Act as it is on January 1, 1986; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.41)Where a corporation has a taxation year part of which is in 1987 and part of which is in 1988, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1987 and the second beginning on January 1, 1988;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it was on December 31, 1987,
(ii) tax for the second notional taxation year in accordance with this Act as it is deemed to have been on January 1, 1988; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.5)Where a corporation has a taxation year part of which is in 1988 and part of which is in 1989, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1988 and the second beginning on January 1, 1989;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it is on December 31, 1988,
(ii) tax for the second notional taxation year in accordance with this Act as it is on January 1, 1989; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.6)Where a corporation has a taxation year part of which is in 1990 and part of which is in 1991, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1990 and the second beginning on January 1, 1991;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it was on December 31, 1990, and
(ii) tax for the second notional taxation year in accordance with this Act as it is deemed to have been on January 1, 1991; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.7)Where a corporation has a taxation year part of which is in 1994 and part of which is in 1995, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1994 and the second beginning on January 1, 1995;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it was on December 31, 1994, and
(ii) tax for the second notional taxation year in accordance with this Act as it is deemed to have been on January 1, 1995; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.8)Where a corporation has a taxation year part of which is in 1998 and part of which is in 1999, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1998, and the second beginning on January 1, 1999;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it was on December 31, 1998, and
(ii) tax for the second notional taxation year in accordance with this Act as it is deemed to have been on January 1, 1999; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(2.9)Where a corporation has a taxation year part of which is in 1999 and part of which is in 2000, tax payable for the taxation year shall be calculated as follows:
(a) by dividing the taxation year into two notional taxation years, the first ending on December 31, 1999, and the second beginning on January 1, 2000;
(b) by apportioning the amount taxable between the two notional taxation years proportionately according to the number of days in each;
(c) by calculating
(i) tax for the first notional taxation year in accordance with this Act as it was on December 31, 1999, and
(ii) tax for the second notional taxation year in accordance with this Act as it is deemed to have been on January 1, 2000; and
(d) by adding together the amounts determined under paragraph (c), and the total is the tax payable in respect of that taxation year.
3(3)For the purpose of this section “taxable income earned in the year in New Brunswick” means the taxable income earned in the year in New Brunswick by a corporation as determined in accordance with regulations made under paragraph 124(4)(a) of the Federal Act.
1961-62, c.2, s.4; 1966, c.155, s.3; 1977, c.15, s.4; 1981, c.32, s.2; 1984, c.46, s.3; 1985, c.50, s.2; 1988, c.19, s.2; 1991, c.41, s.2; 1995, c.20, s.1; 1997, c.12, s.4; 1999, c.31, s.4; 2000, c.35, s.1
Tax on corporations
4(1)Where the income for a taxation year of a corporation that maintained a permanent establishment in New Brunswick at any time in the taxation year includes incomes described in subparagraph 126(1)(b)(i) of the Federal Act from sources in a country other than Canada (in this section referred to as “foreign investment income”) and where the corporation has claimed a deduction under subsection 126(1) of the Federal Act in respect of the foreign investment income, the corporation may deduct from the tax for the year otherwise payable under this Act an amount equal to the lesser of
(a) 17 per cent of the product of
(i) the foreign investment income of the corporation for the year from sources in the country, and
(ii) that proportion of the taxable income earned in the year by the corporation that is determined to have been earned in the year in New Brunswick in accordance with regulations made under paragraph 124(4)(a) of the Federal Act; or
(b) that proportion of the amount by which such part of any non-business-income tax paid by the corporation for the year to the government of a country other than Canada except any such tax or part thereof that may reasonably be regarded as having been paid in respect of income from a share of the capital stock of a foreign affiliate of the corporation, exceeds the amount of the deduction claimed by the corporation under subsection 126(1) of the Federal Act that
(i) the taxable income earned in the year in New Brunswick by the corporation as determined in accordance with regulations made under paragraph 124(4)(a) of the Federal Act
is of
(ii) the aggregate of the taxable income earned in the year in each province by the corporation as determined in accordance with regulations made under paragraph 124(4)(a) of the Federal Act.
4(2)Where the income of a corporation for a taxation year includes income from sources in more than one country other than Canada, subsection (1) shall be read as providing for separate deductions in respect of each of the countries other than Canada.
1965, c.22, s.2; 1966, c.155, s.4; 1972, c.35, s.3; 1975, c.80, s.2; 1979, c.35, s.2; 1985, c.50, s.3; 1988, c.19, s.3; 1991, c.41, s.3
Tax on corporations
4.1Notwithstanding subsection 3(1), for a year when a corporation has been allowed a deduction from the tax payable under the provisions of subsection 125(1) of the Federal Act, the corporation shall pay tax equal to the aggregate of
(a) 4.5 per cent of the amount that is the proportion of the least of the amounts calculated under paragraphs 125(1)(a), (b) and (c) of the Federal Act in respect of the corporation for the taxation year that
(i) the amount of that portion of its taxable income earned in the year in New Brunswick, determined in accordance with the Federal Regulations made for the purposes of the definition “taxable income earned in the year in a province” in subsection 124(4) of the Federal Act”, bears to
(ii) the total amount of the portions of its taxable income earned in the year in all provinces, determined in accordance with the Federal Regulations made for the purposes of the definition “taxable income earned in the year in a province” in subsection 124(4) of the Federal Act, and
(b) 17 per cent on an amount calculated by deducting from the total taxable income earned in the year in New Brunswick the amount on which the 4.5 per cent rate is applied in paragraph (a).
1977, c.15, s.5; 1983, c.39, s.2; 1984, c.46, s.4; 1985, c.50, s.4; 1988, c.19, s.4; 1991, c.41, s.4; 1995, c.20, s.2; 1999, c.31, s.5; 2000, c.35, s.2
Tax on corporations
4.2Repealed: 1995, c.20, s.3
1984, c.46, s.5; 1995, c.20, s.3
Tax on corporations
4.3(1)Notwithstanding subsection 3(1) and section 4.1, for a year when a corporation has been allowed a deduction from the tax payable under the provisions of subsection 125(1) of the Federal Act, if the income of the corporation, and of all Canadian-controlled private corporations that are associated with it, for the year from all active businesses in Canada is in the aggregate $110,000 or less, there may be deducted from the tax otherwise payable under paragraph 4.1(a) the lesser of
(a) $3,960, and
(b) 44 per cent of the tax payable under paragraph 4.1(a).
4.3(2)Subsection (1) is applicable after December 31, 1985 and until December 31, 1988.
4.3(3)In this section “active business”, “income of the corporation for the year from an active business” and “Canadian-controlled private corporations that are associated” have the same meaning as they have in section 125 of the Federal Act.
1985, c.50, s.5
Tax on corporations
5(1)Where an amount is to be refunded to a corporation in respect of a taxation year, pursuant to section 131 of the Federal Act, the Minister shall, subject to subsection (2), at such time and in such manner as is provided in that section, refund to the corporation an amount (in this section referred to as its “capital gains refund” for the year) equal to that proportion of the amount of the refund for the year calculated under subsection 131(2) of the Federal Act that
(a) the percentage referred to in subsection 3(1) for the year,
is of
(b) the percentage referred to in subparagraph 131(6)(d)(i) of the Federal Act for the year.
5(2)For the purpose of computing the capital gains refund under subsection (1) for a corporation in respect of a taxation year, where
(a) the corporation’s taxable income earned in the year in New Brunswick,
is less than
(b) the corporation’s taxable income for the year,
the refund shall be that proportion of the capital gains refund for the year, otherwise determined under subsection (1), that the amount determined under paragraph (a) is of the amount determined under paragraph (b).
5(3)Instead of making a refund that might otherwise be made under subsection (1), the Minister may, where the corporation is liable or about to become liable to make any payment under this Act, apply the amount that would otherwise be refunded to that other liability and notify the corporation of that action.
1973, c.46, s.2
Research and development tax credit
5.1(1)In this section
“eligible expenditure” means an expenditure, made after February 25, 1994, and before January 1, 2000, by a corporation with a permanent establishment in New Brunswick in respect of scientific research and experimental development to be carried out in New Brunswick, that is a qualified expenditure under subsections 127(9) and (11.1) of the Federal Act, without reference to paragraph (b) of the definition of that term in that Act;
“research and development tax credit” of a corporation at the end of a taxation year means the amount, if any, by which the total of
(a) an amount equal to ten per cent of the total of all amounts each of which is an eligible expenditure made by it in the year, computed without reference to subsection 13(7.1) of the Federal Act,
(b) an amount equal to ten per cent of the total of all amounts each of which is an eligible expenditure made by it in any of the seven taxation years immediately preceding, or the three taxation years immediately following, the year, computed without reference to subsection 13(7.1) of the Federal Act,
(c) an amount equal to the total of all amounts each of which is an amount required by subsection (3) or (4) to be included in computing its research and development tax credit at the end of the year, and
(d) the total of all amounts each of which is an amount required by subsection (3) or (4) to be included in computing its research and development tax credit at the end of any of the seven taxation years immediately preceding, or the three taxation years immediately following, the year,
exceeds the total of all amounts each of which is that portion of the amount deducted under subsection (2) from the tax otherwise payable under this Act by the corporation for a preceding taxation year that is in respect of an eligible expenditure made in the year or in the seven taxation years immediately preceding, or the two taxation years immediately following, the year.
5.1(2)A corporation may deduct from the tax otherwise payable under this Act for a taxation year an amount not exceeding the lesser of
(a) its research and development tax credit at the end of the year, and
(b) its tax otherwise payable by it under this Act for the year.
5.1(3)Where, in a particular taxation year of a corporation that is a beneficiary under a trust, an amount would, if the trust were a corporation, be included, because of paragraph (a) or (c) of the definition “research and development tax credit” in subsection (1), in computing the research and development tax credit of the trust for its taxation year ending in that particular taxation year, the portion of that amount that may, having regard to all the circumstances including the terms and conditions of the trust, reasonably be considered to be the corporation’s share of that amount shall be included in computing the research and development tax credit of the corporation at the end of that particular taxation year.
5.1(4)Where, in a particular taxation year of a corporation that is a member of a partnership, an amount would, if the partnership were a corporation, be included, because of paragraph (a) or (c) of the definition “research and development tax credit” in subsection (1), in computing the research and development tax credit of the partnership for its taxation year ending in that particular taxation year, the portion of that amount that may reasonably be considered to be the corporation’s share of that amount shall be included in computing the research and development tax credit of the corporation at the end of that particular taxation year.
5.1(5)Where, after February 25, 1994, and before January 1, 2000, two or more corporations amalgamate within the meaning of subsection 87(1) of the Federal Act and one or more of the corporations had a research and development tax credit for any taxation year any portion of which was not deducted by it in computing its tax otherwise payable under this Act for any taxation year, for the purposes of determining the research and development tax credit of the new corporation for any taxation year preceding any taxation year of the new corporation, the new corporation shall be deemed to be the same corporation as and a continuation of each such predecessor corporation.
5.1(6)Where, after February 25, 1994, and before January 1, 2000, a subsidiary of a parent corporation is wound up within the meaning of subsection 88(1) of the Federal Act and the subsidiary had a research and development tax credit for any taxation year any portion of which was not deducted by it in computing its tax otherwise payable under this Act for any taxation year, for the purposes of determining the research and development tax credit of the parent for any taxation year preceding any taxation year of the parent, the parent shall be deemed to be the same corporation as and a continuation of the subsidiary.
5.1(7)A corporation may renounce the research and development tax credit on or before the date by which the corporation is required to file its return of income for the year under section 150 of the Federal Act and, where the corporation renounces entitlement to that credit, the corporation shall be deemed for all purposes never to have received, have been entitled to receive, or have had a reasonable expectation of receiving, that credit.
5.1(8)Notwithstanding subsections (2) to (7), no corporation may deduct a research and development tax credit for a taxation year of the corporation ending before February 26, 1994.
1994, c.27, s.1; 2000, c.N-6.001, s.128
New Brunswick film tax credit
5.2(1)In this section
“eligible corporation” means a corporation incorporated in Canada, other than a corporation that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission, that
(a) has a permanent establishment in New Brunswick, and
(b) at any time in the taxation year has assets of less than twenty-five million dollars;
“eligible employee” , in respect of a taxation year, means an individual who was an employee of an eligible corporation in the taxation year and who was resident in New Brunswick on the last day of the immediately preceding taxation year, or, if not so resident, for whom the residency requirement is waived under subsection (5);
“eligible individual” , in respect of a taxation year, means an individual who was resident in New Brunswick on the last day of the immediately preceding taxation year or, if not so resident, for whom the residency requirement is waived under subsection (5);
“eligible salaries” , of an eligible corporation for a taxation year in respect of an eligible project, means the total of the following amounts to the extent that they are reasonable in the circumstances and included in the cost or, in the case of depreciable property, the capital cost, to the corporation of the property:
(a) the salaries or wages of eligible employees directly attributable to the eligible project that are incurred on or after June 13, 1996, and before January 1, 2000, and in the year, or in the preceding taxation year, by the corporation for the stages of production of the eligible project, from the final script stage to the end of the post-production stage, and paid by the corporation in the year or within sixty days after the end of the year, other than amounts incurred in the preceding year that were paid within sixty days after the end of that preceding year;
(b) that portion of the remuneration, other than salaries or wages and other than remuneration that relates to services rendered in the preceding taxation year and that was paid within sixty days after the end of that preceding year, that is directly attributable to the production of the eligible project, that relates to services rendered on or after June 13, 1996, and before January 1, 2000, and in the year, or in the preceding taxation year, to the corporation for the stages of production, from the final script stage to the end of the post-production stage, and that is paid by the corporation in the year or within sixty days after the end of the year to
(i) an eligible individual who is not an employee of the corporation, to the extent that the amount paid
(A) is attributable to services personally rendered by the individual for the production of the eligible project, or
(B) is attributable to and does not exceed the salaries or wages of the individual’s eligible employees for personally rendering services for the production of the eligible project,
(ii) another corporation, to the extent that the amount paid is attributable to and does not exceed the salaries or wages of the other corporation’s eligible employees for personally rendering services for the production of the eligible project,
(iii) another corporation, all the issued and outstanding shares of the capital stock of which, except directors’ qualifying shares, belong to an eligible individual and the activities of which consist principally of the provision of the individual’s services, to the extent that the amount paid is attributable to services rendered personally by the individual for the production of the eligible project, or
(iv) a partnership that is carrying on business in Canada, to the extent that the amount paid
(A) is attributable to services personally rendered by an eligible individual who is a member of the partnership for the production of the eligible project, or
(B) is attributable to and does not exceed the salaries or wages of the partnership’s eligible employees for personally rendering services for the production of the eligible project; and
(c) where
(i) the corporation is a subsidiary wholly-owned corporation of another corporation, in this paragraph referred to as the “parent”, and
(ii) the corporation and the parent have agreed that this paragraph apply in respect of the eligible project,
the reimbursement made by the corporation in the year, or within sixty days after the end of the year, of an expenditure that was incurred by the parent in a particular taxation year of the parent in respect of that eligible project and that would be included in the eligible salaries of the corporation in respect of the eligible project for the particular taxation year because of paragraph (a) or (b) if
(iii) the corporation had had such a particular taxation year, and
(iv) the expenditure was incurred by the corporation for the same purpose as it was by the parent and was paid at the same time and to the same person or partnership as it was by the parent.
5.2(2)For the purposes of the definition “eligible salaries” in subsection (1)
(a) remuneration does not include remuneration determined by reference to profits or revenues;
(b) salaries or wages do not include an amount determined by reference to profits or revenues;
(c) where the value of remuneration, salaries or wages includes an amount determined by reference to profits or revenues, the Minister of Finance of New Brunswick, or any person designated by the Minister, may deem a value for that portion of the eligible salaries; and
(d) services referred to in paragraph (b) of that definition that relate to the post-production stage of the eligible project include only the services that are rendered at that stage by a person who performs the duties of animation cameraman, assistant colourist, assistant mixer, assistant sound-effects technician, boom operator, colourist, computer graphics designer, cutter, developing technician, director of post-production, dubbing technician, encoding technician, inspection technician - clean-up, mixer, optical effects technician, picture editor, printing technician, projectionist, recording technician, senior editor, sound editor, sound-effects technician, special effects editor, subtitle technician, timer, video-film recorder operator or videotape operator.
5.2(3)Where an eligible corporation that produces an eligible project in New Brunswick files with its return of income for a taxation year, a New Brunswick film tax credit certificate issued in accordance with the regulations, the corporation is eligible for a refundable film tax credit for the taxation year determined as follows:
(a) forty per cent of eligible salaries paid in the taxation year for the first eligible project;
(b) thirty per cent of eligible salaries paid in the taxation year for subsequent eligible projects; and
(c) thirty-five per cent of the amount by which the cost of eligible salaries for the taxation year exceeds the cost of eligible salaries for the preceding taxation year.
5.2(4)The New Brunswick film tax credit is subject to the following conditions:
(a) the tax credit applies with respect to eligible salaries incurred on or after June 13, 1996, and before January 1, 2000;
(b) an eligible corporation must, for each eligible project, pay, directly or indirectly, at least twenty-five per cent of its total salaries and wages to eligible employees;
(c) the tax credit applies only with respect to that portion of eligible salaries that does not exceed fifty per cent of the total production costs of the eligible project less the amount of production costs funded by the Province; and
(d) the tax credit is limited to one million dollars per eligible project and two million dollars per eligible corporation, together with all corporations associated with that corporation, of all eligible projects commenced in any twelve-month period.
5.2(5)The Minister of Finance of New Brunswick, or any person designated by the Minister, may waive the residency requirement for an eligible employee or eligible individual rendering services for an eligible corporation in respect of an eligible project.
5.2(6)A waiver under subsection (5) may be made in such circumstances and on such terms and conditions as are provided for in the regulations.
5.2(7)The amount by which the New Brunswick film tax credit exceeds the eligible corporation’s tax payable for the taxation year calculated without reference to this section may be applied by the Minister of Finance to pay
(a) any tax, interest or penalty owing by the corporation for that or any previous taxation year under this Act, the income tax statute of any agreeing province or the Federal Act,
(b) any contribution, penalty or interest by the corporation for that or any previous taxation year as a result of payments required from the corporation under the Canada Pension Plan (Canada), and
(c) any premium, interest or penalty owing by the corporation for that or any previous taxation year under the Employment Insurance Act (Canada).
5.2(8)Any part of the amount not applied under subsection (7) shall be paid to the eligible corporation.
1997, c.44, s.1; 2000, c.N-6.001, s.128
DIVISION C
SPECIAL CASES
EXEMPTIONS
Exemptions
6No tax is payable under this Act by any person for a period when that person
(a) was exempt from tax by virtue of subsection 149(1) of the Federal Act, or
(b) was a non-resident-owned investment corporation,
and any definitions or descriptions in the Federal Act applying to any such person shall apply mutatis mutandis for the purposes of this Act unless otherwise provided.
1961-62, c.2, s.6; 1987, c.6, s.42
FARMER’S AND FISHERMAN’S
AVERAGING PROVISION
Tax on farmers and fishermen
7(1)Where an individual whose chief source of income has been farming or fishing during a taxation year, in this section referred to as the “year of averaging”, has filed an election in accordance with subsection 119(1) of the Federal Act for the year of averaging, the tax payable under this Part for the year of averaging is an amount determined by the following rules:
(a) determine the amount in this section referred to as the “average tax”, for each year in the averaging period, which, in this section, has the meaning given to that expression under section 119 of the Federal Act, equal to the tax that would be payable under the Federal Act, within the meaning of section 2 of this Act, if the taxable income for the year were the average net income for the year within the meaning of paragraph 119(1)(c) of the Federal Act;
(b) determine the amount, in this section referred to as the “provincial tax”, for each year in the averaging period equal to the tax that would be payable under this Part for the year if the tax that would be payable under the Federal Act for the year, within the meaning of section 2 of this Act, were the average tax for the year;
(c) deduct from the aggregate of the provincial taxes as determined under paragraph (b) for the years in the averaging period the aggregate of the taxes payable under this Part for the preceding years, which, in this section, has the meaning given to that expression under section 119 of the Federal Act;
and the remainder obtained under paragraph (c) is the tax payable under this Part for the year of averaging.
7(2)Subsection (1) applies only in the case of an individual whose chief source of income throughout the averaging period was from farming or fishing.
7(3)For the purposes of this Act, where the tax payable by an individual under this Part for the year of averaging would, but for subsection (2), be an amount determined under subsection (1), the tax that would have been payable by the individual under the Federal Act for the year of averaging, within the meaning of section 2 of this Act, had no election been made by him under section 119 of the Federal Act for that year, shall be deemed to be the tax payable under the Federal Act by the individual for the year of averaging.
7(4)Where this section, except subsection (3) thereof, is applicable to the computation of a taxpayer’s tax for a taxation year and the aggregate of the taxes payable under this Part for the preceding years exceeds the aggregate of the provincial taxes as determined under paragraph (1)(b) for the years in the averaging period, the excess shall be deemed to be an overpayment made when the notice of assessment for the year of averaging was mailed.
7(5)The provisions of this Part relating to the assessment of tax, interest and penalties apply mutatis mutandis to an assessment whereby, for the purposes of this section, it is determined by the Minister of Finance that no tax is payable under this Part for the year of averaging or that an overpayment has been made as described in subsection (4).
7(6)Where an election for a year of averaging filed under subsection 119(1) of the Federal Act has been revoked by the taxpayer in accordance with subsection 119(5) of the Federal Act, subsection (1) of this section is not applicable in determining the tax payable under this Part for the year of averaging.
7(7)This section shall be deemed to have come into force and effect on the first day of January, 1963, and is retroactive to the extent necessary to give full force and effect to the provisions thereof on and after that date.
1964, c.35, s.1; 1977, c.15, s.6
DIVISION D
RETURNS, ASSESSMENTS, PAYMENT AND
OBJECTIONS TO ASSESSMENTS
RETURNS
Application of Federal Act
8Section 150 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.7; 1972, c.35, s.5; 1986, c.45, s.2; 1990, c.12, s.2
ESTIMATE OF TAX
Application of Federal Act
9Section 151 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.8; 1990, c.12, s.3
ASSESSMENT
Application of Federal Act
10Subsections 152(1), (1.2) and (2) to (8) of the Federal Act apply for the purposes of this Act.
1961-62, c.2, s.9; 1972, c.35, s.6; 1982, c.30, s.2; 1986, c.45, s.3; 1990, c.12, s.4; 1993, c.33, s.4; 1997, c.40, s.3
Reassessment or additional assessments
10.1Where a collection agreement is in effect, notwithstanding that the normal reassessment period for a taxpayer in respect of a taxation year has elapsed, if the tax payable under Part I of the Federal Act by the taxpayer for the year is reassessed, the Minister of Finance shall reassess or make additional assessments or assess tax, interest or penalties, as the circumstances require.
1990, c.12, s.5; 1993, c.33, s.5
Reassessment with respect to section 2.4
10.2Notwithstanding that the normal reassessment period for a taxpayer in respect of a taxation year has elapsed, the Minister of Finance may redetermine the amount, if any, deemed under section 2.4 to be an overpayment on account of the taxpayer’s liability for tax for that year.
1997, c.40, s.4
WITHHOLDING
1990, c.12, s.6
Application of Federal Act
11Subsections 153(1) to (3) of the Federal Act apply for the purposes of this Act.
1961-62, c.2, s.10; 1977, c.15, s.7; 1979, c.35, s.3; 1982, c.30, s.3; 1984, c.46, s.6; 1990, c.12, s.7; 1993, c.33, s.6
PAYMENT OF TAX BY FARMER
OR FISHERMAN
1990, c.12, s.8
Payment of tax by farmer or fisherman
12(1)Subject to subsection 13(4), every individual whose chief source of income is farming or fishing, other than an individual to whom section 153(2) of the Federal Act applies for the purposes of this Act, shall pay to the Minister of Finance in respect of each taxation year
(a) on or before December 31 in the year, two-thirds of
(i) the amount estimated by the individual under section 151 of the Federal Act, as it applies for the purposes of this Act, to be the tax payable under this Act by the individual for the year, or
(ii) the tax payable under this Act by the individual for the immediately preceding taxation year, and
(b) on or before the individual’s balance-due day for the year, the remainder of the individual’s tax as estimated under section 151 of the Federal Act, as it applies for the purposes of this Act.
12(2)Where a collection agreement is entered into, an individual to whom subsection (1) applies shall pay an amount under paragraph (a) thereof computed in respect of the same year as the amount is computed that he is liable to pay under paragraph 155(1)(a) of the Federal Act.
1961-62, c.2, s.11; 1974, c.21(Supp.), s.1; 1982, c.30, s.4; 1984, c.46, s.7; 1990, c.12, s.9; 1993, c.33, s.7
PAYMENT OF TAX BY
OTHER INDIVIDUALS
1990, c.12, s.10
Payment of tax by other individuals
13(1)Subject to subsection (4), every individual, other than an individual to whom subsection 153(2) of the Federal Act applies for the purposes of this Act or to whom section 12 applies, shall pay to the Minister of Finance in respect of each taxation year
(a) on or before March 15, June 15, September 15 and December 15 in the year, an amount equal to one-quarter of
(i) the amount estimated by the individual under section 151 of the Federal Act to be the tax payable under this Act by the individual for the year, or
(ii) the tax payable under this Act by the individual for the immediately preceding taxation year, and
(b) on or before the balance-due day in respect of the individual for the year, the remainder of the individual’s tax estimated under section 151 of the Federal Act, as it applies for the purposes of this Act.
13(2)Where a collection agreement is entered into, an individual to whom subsection (1) applies shall pay an amount under paragraph (a) thereof computed in respect of the same year as the amount is computed that he is liable to pay under paragraph 156(1)(a) of the Federal Act.
13(3)For the purposes of section 12 and this section “tax payable under the Federal Act” for a taxation year has the meaning given that expression in paragraph 2(4)(a), whether such taxation year is before or after the coming into force of this Act.
13(4)Where no federal instalments are required pursuant to section 156.1 of the Federal Act for a particular taxation year, the requirement for payment by instalments under sections 12 and 13 of this Act are not applicable and the individual shall pay to the Minister of Finance, on or before the individual’s balance-due day for the particular year, the individual’s tax as estimated under section 151 of the Federal Act, as it applies for the purposes of this Act, for the particular year.
1961-62, c.2, s.12; 1974, c.21(Supp.), s.2, 3; 1990, c.12, s.11; 1993, c.33, s.8
PAYMENT OF TAX BY CORPORATIONS
1990, c.12, s.12
Payment of tax by corporations
14(1)Subsections 157(1), (2), (2.1) and (4) of the Federal Act apply for the purposes of this Act.
14(2)Where a collection agreement is in effect, a corporation that pays amounts in respect of a taxation year computed under subparagraph 157(1)(a)(i), (ii) or (iii) of the Federal Act and that is required to make payments under subsection 157(1) of the Federal Act as it applies for the purposes of this Act shall pay amounts in respect of the year computed under the same subparagraph as it applies for the purposes of this Act.
1961-62, c.2, s.13; 1964, c.35, s.2; 1968, c.34, s.1; 1969, c.41, s.2; 1970, c.26, s.1, 2, 3; 1972, c.35, s.7; 1974, c.21(Supp.), s.4; 1975, c.80, s.3; 1977, c.15, s.8; 1982, c.30, s.5; 1986, c.45, s.4; 1990, c.12, s.13
PAYMENTS, INTEREST AND SPECIAL
RULES FOR TRUSTS AND ESTATES
1990, c.12, s.14
Payments, interest and special rules for trusts and estates
15(1)Subsection 70(2), subsection 104(2), paragraph 104(23)(e), sections 158, 159 and 160, subsections 160.1(1), (2.1) and (3), sections 160.2 and 160.3 and subsections 161(1), (2), (2.1), (2.2), (4), (4.1), (5), (6), (6.1), (7), (9) and (11) of the Federal Act apply for the purposes of this Act.
15(2)In applying subsections 160.1(1), (2.1) and (3) of the Federal Act for the purposes of this Act, “refund” includes a refund that arises by reason of a provision of this Act
(a) that allows a taxpayer to deduct an amount from the tax payable under this Act; or
(b) that deems an amount to have been paid by a taxpayer as or on account of the tax payable under this Act by him.
15(3)Where a collection agreement is in effect and a taxpayer is deemed under subsection 161(4) of the Federal Act to be liable to pay, in respect of his tax payable under Part I of the Federal Act for a particular taxation year, a part or instalment computed by reference to an amount described in paragraph 161(4)(c) or (d) of the Federal Act, notwithstanding subsection 161(4) of the Federal Act, as it applies for the purposes of this Act, the taxpayer shall be deemed for the purposes of subsection 161(2) of the Federal Act, as it applies for the purposes of this Act, to be liable to pay, in respect of his tax payable under this Act for the particular year, a part or instalment computed by reference to the same paragraph, as it applies for the purposes of this Act.
1961-62, c.2, s.14; 1990, c.12, s.15; 1993, c.33, s.9; 1997, c.12, s.5; 1997, c.40, s.5
Repealed
16Repealed: 1990, c.12, s.15
1961-62, c.2, s.15; 1963, c.10, s.6; 1972, c.35, s.16; 1990, c.12, s.15
INTEREST
Repealed
17Repealed: 1990, c.12, s.15
1961-62, c.2, s.16; 1972, c.35, s.8; 1984, c.46, s.8; 1985, c.4, s.31; 1986, c.45, s.5; 1987, c.6, s.42; 1988, c.19, s.5; 1990, c.12, s.15
PENALTIES
Application of Federal Act
18(1)Subsections 162(1) to (3), (5), (7) and (11) and section 235 of the Federal Act apply for the purposes of this Act.
18(2)Where a collection agreement is in effect, the Minister may refrain from levying or may reduce a penalty provided for in this section if the person who is liable to the penalty is required to pay a penalty under section 162 of the Federal Act in respect of the same failure.
1961-62, c.2, s.17; 1982, c.30, s.6; 1990, c.12, s.16; 1993, c.33, s.10
Application of Federal Act
19(1)Subsection 163(1), paragraph 163(2)(a) as it would apply without the references to subsection 120(2) of the Federal Act therein, and subsections 163(2.1), (3) and (4) of the Federal Act apply for the purposes of this Act.
19(2)Where a collection agreement is in effect, the Minister may refrain from levying or may reduce a penalty provided for in this section if the person who is liable to the penalty is required to pay a penalty under section 163 of the Federal Act in respect of the same failure or the same false statement or omission, as the case may be.
1961-62, c.2, s.18; 1972, c.35, s.9; 1978, c.29, s.2; 1990, c.12, s.17; 1993, c.33, s.11
Application of Federal Act
19.1Section 163.1 of the Federal Act applies for the purposes of this Act.
1990, c.12, s.18; 1993, c.33, s.12
REFUND OF OVERPAYMENT
Refunds and overpayments
20(1)Subsections 164(1) to (1.31), (1.5), (2), (2.2) and (3) to (7) of the Federal Act apply for the purposes of this Act.
20(2)Where a collection agreement is in effect and by reason of a decision referred to in subsection 164(4.1) of the Federal Act a repayment of tax, interest or penalties under that Act for a taxation year is made to a taxpayer or any security accepted under that Act for such tax, interest or penalties is surrendered to the taxpayer, subsection 164(4.1) of the Federal Act as it applies for the purposes of this Act applies to any overpayment of tax, interest or penalties under this Act for the year that arises by reason of the decision.
1961-62, c.2, s.19; 1963, c.10, s.7; 1972, c.35, s.10; 1979, c.41, s.64; 1986, c.45, s.6; 1990, c.12, s.19; 1993, c.33, s.13; 1997, c.40, s.6
OBJECTIONS TO ASSESSMENTS
Application of Federal Act
21Sections 165, 166.1 and 166.2 of the Federal Act apply for the purposes of this Act.
1961-62, c.2, s.20; 1972, c.35, s.11; 1979, c.41, s.64; 1980, c.32, s.11; 1984, c.C-5.1, s.49; 1985, c.50, s.6; 1986, c.45, s.7; 1990, c.12, s.20; 1993, c.33, s.14
DIVISION E
APPEALS TO THE COURT OF QUEEN’S BENCH
OF NEW BRUNSWICK
1990, c.12, s.21
Appeal to The Court of Queen’s Bench of New Brunswick
22(1)Section 169 of the Federal Act applies for the purposes of this Act.
22(2)An appeal from an assessment under this Act may be taken in respect of any question relating,
(a) in the case of an individual, to the determination of
(i) his residence for the purposes of this Act,
(ii) his income earned in the taxation year in New Brunswick as defined in paragraph 2(4)(b),
(iii) the amount of tax payable for a taxation year based on the tax payable under the Federal Act for that year as defined in paragraph 2(4)(a), or
(iv) the amount that, by subsection 122.62(6), (7) or (8) of the Federal Act as it applies for the purposes of section 2.4 of this Act, is deemed to be the individual’s adjusted income; and
(b) in the case of a corporation, to the determination of
(i) its taxable income earned in the year in New Brunswick as defined in subsection 3(3), or
(ii) the amount of tax payable for a taxation year based on the taxable income of the corporation for that year,
but no appeal from an assessment lies in respect of the computation of the tax payable under the Federal Act as defined in paragraph 2(4)(a) or of the taxable income of a corporation.
22(3)An appeal to the court shall be instituted by serving upon the Minister of Finance a notice of appeal in duplicate in prescribed form and by filing a copy thereof in the court.
22(4)A notice of appeal shall be served upon the Minister of Finance by being sent by registered mail addressed to the deputy head.
22(5)The taxpayer appealing shall set out in the notice of appeal a statement of the allegations of fact, the statutory provisions and the reasons that he intends to submit in support of his appeal.
22(6)The taxpayer appealing shall pay to the clerk of the court a fee of fifteen dollars upon the filing of the copy of the notice of appeal with him.
1961-62, c.2, s.21; 1963, c.10, s.8; 1979, c.41, s.64; 1980, c.32, s.11; 1984, c.C-5.1, s.49; 1985, c.50, s.6; 1986, c.45, s.8; 1990, c.12, s.22; 1993, c.33, s.15; 1997, c.40, s.7
Dismissal of appeal
23(1)The Minister of Finance shall, within 60 days from the day the notice of appeal is received, or within such further time as the court or a judge thereof may either before or after the expiration of that time allow, serve on the appellant and file in the court a reply to the notice of appeal admitting or denying the facts alleged and containing a statement of such further allegations of fact and of such statutory provisions and reasons as he intends to rely on.
23(2)The court or a judge may, in its or his discretion, strike out a notice of appeal or any part thereof for failure to comply with subsection 22(5) and may permit an amendment to be made to a notice of appeal or a new notice of appeal to be substituted for the one struck out.
23(3)The court or a judge may, in its or his discretion,
(a) strike out any part of a reply for failure to comply with this section or permit the amendment of a reply, and
(b) strike out a reply for failure to comply with this section and order a new reply to be filed within a time to be fixed by the order.
23(4)Where a notice of appeal is struck out for failure to comply with subsection 22(5) and a new notice of appeal is not filed as and when permitted by the court or a judge, the court or a judge thereof may, in its or his discretion, dispose of the appeal by dismissing it.
23(5)Where a reply is not filed as required by this section or is struck out under this section and a new reply is not filed as ordered by the court or a judge within the time ordered, the court may dispose of the appeal ex parte or after a hearing on the basis that the allegations of fact contained in the notice of appeal are true.
1961-62, c.2, s.22
Hearing of appeal
24(1)Upon the filing of the material referred to in sections 22 and 23, the matter shall be deemed to be an action in the court and, unless the court otherwise orders, ready for hearing.
24(2)Any fact or statutory provision not set out in the notice of appeal or reply may be pleaded or referred to in such manner and upon such terms as the court may direct.
24(3)The court may dispose of the appeal by
(a) dismissing it;
(b) allowing it; or
(c) allowing it and
(i) vacating the assessment,
(ii) varying the assessment,
(iii) restoring the assessment, or
(iv) referring the assessment back to the Minister of Finance for reconsideration and re-assessment.
24(4)The Court may, in delivering judgment disposing of an appeal, order payment or repayment of tax, interest and penalties or costs by the taxpayer or the Minister of Finance.
1961-62, c.2, s.23
Application of Federal Act
25Sections 167 and 179 of the Federal Act apply for the purposes of this Act.
1961-62, c.2, s.24; 1990, c.12, s.23
Appeal procedure
26Except as provided in regulations prescribed by the Lieutenant-Governor in Council, the practice and procedure of the court apply to every matter deemed to be an action under section 24, and every judgment and order given or made in every such action may be enforced in the same manner and by the like process as a judgment or order given or made in an action commenced in the Court.
1961-62, c.2, s.25
Application of Federal Act
27Section 166 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.26; 1990, c.12, s.24
I.1
TAX ON LARGE CORPORATIONS
1997, c.41, s.1
Definitions
27.1The definitions “financial institution”, “long-term debt” and “reserves” have the same meanings as in subsection 181(1) of the Federal Act.
1997, c.41, s.1
Determining values and amounts
27.2Subsections 181(3) and (4) of the Federal Act apply for the purposes of this Part.
1997, c.41, s.1
Tax payable
27.3(1)Every corporation that has a permanent establishment within New Brunswick in a taxation year ending after March 31, 1997, and before January 1, 2000, shall pay a tax under this Part for the taxation year equal to 0.3% of its taxable capital employed in New Brunswick for the year as determined under subsection (2).
27.3(2)The taxable capital employed in New Brunswick by a corporation for a taxation year is equal to
(a) where the corporation has no permanent establishment situated outside New Brunswick, the difference between its taxable capital employed in Canada for the year under subsection (4) and its capital deduction for the year under section 27.4, or
(b) where the corporation has a permanent establishment situated outside New Brunswick, that proportion determined under subsection (3) of the difference between its taxable capital for the year under subsection (4) and its capital deduction for the year under section 27.4.
27.3(3)The proportion referred to in paragraph (2)(b) shall be determined in accordance with sections 400 to 413 of the Federal Regulations.
27.3(4)Sections 181.2 and 181.4 of the Federal Act apply for the purposes of this Part.
27.3(5)Where a taxation year of a corporation is less than fifty-one weeks, the amount determined under subsection (1) for the year in respect of the corporation shall be reduced to that proportion of that amount that the number of days in the year is of 365.
1997, c.41, s.1; 1998, c.28, s.1; 2000, c.N-6.001, s.128
Capital deduction
27.4(1)The capital deduction of a corporation for a taxation year is $5,000,000 unless the corporation was related to another corporation in the year, in which case, subject to subsection (4), its capital deduction for the year is nil.
27.4(2)A corporation that is related to any other corporation in a taxation year of the corporation ending in a calendar year may file with the Minister in prescribed form an agreement on behalf of the related group of which the corporation is a member under which an amount that does not exceed $5,000,000 is allocated among all corporations that are members of the related group for each taxation year of each such corporation ending in the calendar year and at a time when it was a member of the related group.
27.4(3)The Minister may request a corporation that is related to any other corporation at the end of a taxation year to file with the Minister an agreement referred to in subsection (2) and, if the corporation does not file such an agreement within thirty days after receiving the request, the Minister may allocate an amount not exceeding $5,000,000 among the members of the related group of which the corporation is a member for the year.
27.4(4)Subsections 181.5(4) to (7) of the Federal Act apply for the purposes of this Part.
27.4(5)In this section, a corporation is “related” to another corporation or is a member of a “related group” within the meaning assigned to those expressions by section 251 of the Federal Act.
27.4(6)In this section, one corporation is “associated” with another in a taxation year within the meaning assigned to that word by section 256 of the Federal Act.
1997, c.41, s.1
Exemptions
27.5No tax is payable under this Part for a taxation year by a corporation included in subsection 181.1(3) of the Federal Act or by a corporation that is a financial institution.
1997, c.41, s.1
Return
27.6Every corporation that is liable to pay tax under this Part for a taxation year shall file with the Minister, not later than the day on or before which the corporation is required by section 8 of this Act to file its return of income, a return of capital for the year in prescribed form containing an estimate of the tax payable under this Part by it for the year.
1997, c.41, s.1
Provisions applicable to Part
27.7Sections 152, 158 and 159, subsection 161(11), sections 162 to 167 and Division J of Part I of the Federal Act apply to this Part.
1997, c.41, s.1
Tax credits
27.8Notwithstanding any other provision of this Act, the amount of tax payable under this Part shall not be reduced by any tax credit provided under this Act.
1998, c.28, s.2
II
ADMINISTRATION AND COLLECTION
ADMINISTRATION
1990, c.12, s.25
Application of Federal Act
28Section 220 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.27; 1984, c.C-5.1, s.49; 1985, c.50, s.6; 1986, c.45, s.9; 1987, c.6, s.42; 1990, c.12, s.26
Application of Federal Act
28.1Section 221.1 of the Federal Act applies for the purposes of this Act.
1993, c.33, s.16
REGULATIONS
1990, c.12, s.27
Regulations
29(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;
(a.001) respecting the circumstances under which both an individual and his or her spouse may apply under section 2.5;
(a.01) respecting New Brunswick film tax credit certificates under section 5.2, including applications for the certificates, issuance of the certificates, revocation of the certificates and form of the certificates;
(a.02) respecting eligible projects for the purposes of section 5.2;
(a.03) respecting the circumstances and terms and conditions under which a waiver may be made under subsection 5.2(5);
(a.04) defining any word or expression used in but not defined in section 5.2;
(a.1) providing for the calculation of the Federal share of the costs of the 1978 Economic Stimulation Program for the purposes of section 50.1;
(a.2) providing for the calculation of the adjusting payment under subsection 50.1(4);
(a.3) prescribing Acts for the purposes of paragraph 2.4(11)(b);
(b) providing in any case of doubt the circumstances in which, and extent to which, the Federal Regulations apply; and
(c) generally to carry out the purposes and the provisions of this Act.
29(1.1)Subject to subsection (3), a regulation made under this Act may provide for its retroactive effect to a day expressly referred to therein.
29(2)Except to the extent that they are inconsistent with any regulations made under subsection (1) or are expressed by any regulation made under subsection (1) to be inapplicable, the Federal Regulations made under subsection 221(1) of the Federal Act, apply mutatis mutandis for the purposes of this Act with respect to all matters enumerated in that section.
29(3)No regulation made under this Act or under the Federal Act where it is applicable mutatis mutandis has effect for the purposes of this Act until it has been published in The Royal Gazette of New Brunswick or the Canada Gazette, as the case may be, but, when so published, a regulation shall, if it so provides, be effective with reference to a period before it was published.
1961-62, c.2, s.28; 1978, c.29, s.3; 1982, c.30, s.7; 1997, c.44, s.2; 1997, c.40, s.8; 1998, c.36, s.2
ENFORCEMENT
Application of Federal Act
30Section 222 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.29; 1993, c.33, s.17
CERTIFICATES
1990, c.12, s.28
Application of Federal Act
31(1)Paragraph 223(1)(a) and subsections 223(2) to (4) of the Federal Act apply for the purposes of this Act.
31(2)Where a collection agreement is in effect, subsection (1) does not apply, but the Minister of Finance may proceed under section 223 of the Federal Act for the purpose of collecting any amount payable under this Act by a taxpayer.
1961-62, c.2, s.30; 1979, c.41, s.64; 1990, c.12, s.29; 1993, c.33, s.18
WARRANTS
1990, c.12, s.30
Warrant for taxes
32The Minister of Finance may issue a warrant directed to the sheriff for a judicial district in which any property of the taxpayer is located or situate, for the amount of the tax, interest and penalty, or any of them, owing by the taxpayer, together with interest thereon from the date of the issue of the warrant and the costs, expenses and poundage of the sheriff, and such warrant shall have the same force and effect as a writ of execution issued out of The Court of Queen’s Bench of New Brunswick.
1963, c.10, s.9; 1979, c.41, s.64; 1988, c.42, s.26
GARNISHMENT
1990, c.12, s.31
Application of Federal Act
33Section 224 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.31; 1982, c.30, s.8; 1984, c.46, s.9; 1990, c.12, s.32
DIRECTION TO SEIZE CHATTELS
1990, c.12, s.33
Application of Federal Act
34Section 225 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.32; 1979, c.41, s.64; 1990, c.12, s.34; 1993, c.33, s.19
RESTRICTIONS ON COLLECTION
1990, c.12, s.35
Application of Federal Act
34.1Sections 225.1 and 225.2 of the Federal Act apply for the purposes of this Act.
1990, c.12, s.35
DEMAND FOR PAYMENT
1990, c.12, s.36
Application of Federal Act
35Section 226 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.33; 1990, c.12, s.37; 1993, c.33, s.20
MONEY WITHHELD
1990, c.12, s.38
Application of Federal Act
36(1)Subsections 227(1) to (5), (8), (8.2) to (9), (9.2), (9.4), (9.5) and (11) to (13) of the Federal Act apply for the purposes of this Act.
36(2)The Minister of Finance may assess
(a) any person for any amount that has been deducted or withheld by that person under this Act or a regulation or under a provision of the Federal Act or of the Federal Regulations that applies for the purposes of this Act, and
(b) any person for any amount payable by that person under subsection 224(4) or (4.1) or subsections 227(8), (8.3) to (9), (9.2), (9.4) or (9.5) or section 227.1 or 235 of the Federal Act, as they apply for the purposes of this Act, or section 41,
and where the Minister of Finance sends a notice of assessment to that person, sections 8 and 15 to 27 are applicable with such modifications as the circumstances require.
1961-62, c.2, s.34; 1972, c.35, s.12; 1982, c.30, s.9; 1985, c.50, s.7; 1986, c.45, s.10; 1987, c.6, s.42; 1990, c.12, s.39; 1993, c.33, s.21
DIRECTOR’S LIABILITY
1990, c.12, s.40
Application of Federal Act
36.1Section 227.1 of the Federal Act applies for the purposes of this Act.
1984, c.46, s.10; 1990, c.12, s.41; 1993, c.33, s.22
BOOKS AND RECORDS
1990, c.12, s.42
Records of employer
37(1)Every person carrying on business in New Brunswick and every person who is required, by or pursuant to this Act, to pay or collect taxes or other amounts shall keep records and books of account (including an annual inventory kept in prescribed manner) at his place of business or residence in Canada or at such other place as may be designated by the Minister of Finance, in such form and containing such information as will enable the taxes payable under this Act or the taxes or other amounts that should have been deducted, withheld or collected to be determined.
37(2)Subsections 230(2.1), (3), (4), (5), (6), (7) and (8) of the Federal Act apply for the purposes of this Act.
37(3)Repealed: 1990, c.12, s.43
1961-62, c.2, s.35; 1990, c.12, s.43
INSPECTIONS
1990, c.12, s.44
Application of Federal Act
38Sections 231 to 231.5 of the Federal Act apply for the purposes of this Act.
1961-62, c.2, s.36; 1972, c.35, s.13; 1979, c.41, s.64; 1990, c.12, s.45
PRIVILEGE
1990, c.12, s.46
Application of Federal Act
39Section 232 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.37; 1981, c.6, s.2; 1990, c.12, s.47
INFORMATION RETURN
1990, c.12, s.48
Application of Federal Act
40Section 233 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.38; 1982, c.30, s.10; 1990, c.12, s.49
COMPLIANCE WITH REGULATIONS
1990, c.12, s.50
Application of Federal Act
41(1)Every person who fails to comply with a regulation made under paragraph 221(1)(d) or (e) of the Federal Act as it applies by virtue of subsection 29(2) of this Act, is liable in respect of each failure to so comply to a penalty of $10 a day for each day of default but not exceeding in all $2,500.
41(2)Every person who fails to comply with a regulation made under section 29 or incorporated by reference by virtue of subsection (2) thereof is liable to a penalty of $10 a day for each day of default but not exceeding in all $2,500.
1961-62, c.2, s.39
EXECUTION OF DOCUMENTS
BY CORPORATION
1990, c.12, s.51
Application of Federal Act
42Section 236 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.40; 1990, c.12, s.52
OFFENCES
Offence respecting returns and records
43(1)Every person who fails to file a return as and when required by or under this Act or a regulation, or by or under a provision of the Federal Act or of the Federal Regulations, as the provision applies for the purposes of this Act, or who fails to comply with any of subsections 153(1), 227(5) and 230(3), (4) and (6) and sections 231 to 231.5 and 232 of the Federal Act, as it applies for the purposes of this Act, is guilty of an offence and, in addition to any penalty otherwise provided, is liable on conviction to
(a) a fine of not less than $1,000 and not exceeding $25,000; or
(b) both the fine described in paragraph (a) and imprisonment for a term not exceeding 12 months.
43(2)Subsection 238(2) of the Federal Act applies for the purposes of this Act.
43(3)Where a person is convicted under this section for failure to comply with a provision of this Act or a regulation or a provision of the Federal Act or of the Federal Regulations that applies for the purposes of this Act, he is not liable to a penalty under subsection 227(8), (8.5), (9) or (9.5) of the Federal Act, as those subsections apply for the purposes of this Act, or under section 18 or 41 for the same failure unless he was assessed for that penalty or that penalty was demanded from him before the information or complaint giving rise to the conviction was laid or made.
1961-62, c.2, s.41; 1980, c.26, s.2; 1990, c.12, s.53; 1990, c.22, s.25; 1993, c.33, s.23
Application of Federal Act
44Subsection 239(1) of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.42; 1972, c.35, s.14; 1990, c.12, s.54; 1990, c.22, s.25; 1993, c.33, s.24
Prosecution under Federal and Provincial Acts
45Where a collection agreement is entered into and proceedings under section 238 or 239 of the Federal Act are taken against any person, the Minister may take or refrain from any action against such person contemplated by section 43 or 44 of this Act, as the case may be.
1961-62, c.2, s.43
Offence respecting disclosure of tax information
46(1)Every person who, while employed in the administration of this Act,
(a) knowingly communicates or knowingly allows to be communicated to any person not legally entitled thereto any information obtained by or on behalf of the Minister of Finance for the purposes of this Act;
(b) knowingly allows any person not legally entitled thereto to inspect or to have access to any book, record, writing, return or other document obtained by or on behalf of the Minister of Finance for the purposes of this Act; or
(c) knowingly uses, other than in the course of his duties in connection with the administration or enforcement of this Act, any information obtained by or on behalf of the Minister of Finance for the purposes of this Act;
is guilty of an offence and liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both such fine and imprisonment.
46(2)Subsection (1) does not apply to the communication of information between
(a) the Minister and the Minister of Finance; or
(b) the Minister, acting on behalf of New Brunswick, and the Provincial Treasurer, the Provincial Secretary-Treasurer or the Minister of Finance of the government of
(i) an agreeing province, or
(ii) a non-agreeing province to which an adjusting payment may be made under subsection 54(2).
1961-62, c.2, s.44; 1963, c.10, s.10; 1990, c.12, s.55; 1990, c.22, s.25
Application of Federal Act
47Section 242 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.45; 1993, c.33, s.25
Application of Federal Act
48Section 243 of the Federal Act applies for the purposes of this Act.
1961-62, c.2, s.46; 1993, c.33, s.26
PROCEDURE AND EVIDENCE
Prosecution and evidence
49(1)Subsections 244(1), (2), (4), (5), (7) to (11), (13) to (17) and (20) of the Federal Act apply for the purposes of this Act.
49(2)Judicial notice shall be taken of
(a) all orders or regulations made under this Act, and
(b) a collection agreement entered into under this Act or any agreement for the collection by Canada of the tax imposed under the income tax statute of an agreeing province,
without such orders, regulations or agreements being specially pleaded or proven.
49(3)For the purposes of this Act, anything sent by first class mail or its equivalent shall be deemed to have been received by the person to whom it is sent on the day that it was mailed except that a remittance of an amount deducted or withheld as required by this Act or a regulation or by a provision of the Federal Act or of the Federal Regulations that applies for the purposes of this Act, shall be deemed to have been remitted on the day it is received by the Minister of Finance.
49(4)A document purporting to be a collection agreement entered into under this Act or an agreement with Canada for the collection of tax imposed under the income tax statute of an agreeing province that is
(a) published in the Canada Gazette, or
(b) certified as such by or on behalf of
(i) the Minister of Finance, or
(ii) the Provincial Treasurer, the Provincial Secretary-Treasurer or the Minister of Finance of the appropriate agreeing province,
shall be received as prima facie evidence of the contents thereof.
49(5)Every certificate by the Minister of Finance as to
(a) a taxpayer’s tax payable under the Federal Act as defined in paragraph 2(4)(a),
(b) a taxpayer’s income for the year as defined in paragraph 2(4)(d), or
(c) the taxable income of a corporation,
is prima facie evidence that a taxpayer’s tax payable under the Federal Act, the taxpayer’s income for the year or the taxable income of a corporation, as the case may be, is in the amount set out therein.
49(6)Where a collection agreement is entered into, any document or certificate that is executed or issued by the Minister, the Commissioner of Customs and Revenue, or an official of the Canada Customs and Revenue Agency on behalf or in place of the Minister of Finance, the Minister of Finance’s deputy or an officer of the department under the Minister of Finance, shall be deemed, for the purposes of this Act, to be executed or issued by the Minister of Finance, the deputy or the officer, as the case may be.
49(7)Where no collection agreement is entered into, a reference in this section to the Royal Canadian Mounted Police shall be construed as a reference to the police force carrying out the duties of a Provincial Police in New Brunswick.
1961-62, c.2, s.47; 1963, c.10, s.11; 1979, c.35, s.4; 1984, c.27, s.10; 1990, c.12, s.56; 1990, c.22, s.25; 1993, c.33, s.27; 2000, c.10, s.2
III
COLLECTION OF TAX
COLLECTION AGREEMENT
Collection agreement
50(1)The Minister of Finance, with the approval of the Lieutenant-Governor in Council, may, on behalf of the Government of the Province of New Brunswick, enter into a collection agreement with the Government of Canada pursuant to which the Government of Canada will collect taxes payable under this Act on behalf of New Brunswick and will make payments to New Brunswick in respect of the taxes so collected, in accordance with such terms and conditions as the collection agreement prescribes.
50(2)The Minister of Finance, with the approval of the Lieutenant-Governor in Council, may, on behalf of the Government of the Province of New Brunswick, enter into an agreement amending the terms and conditions of a collection agreement entered into pursuant to subsection (1).
50(3)Where a collection agreement is entered into, the Minister, on behalf of, or as agent for, the Minister of Finance, is hereby authorized to employ all the powers, to perform all the duties, and to exercise any discretion that the Minister of Finance or the deputy head has under this Act including the discretion to refuse to permit the production in judicial or other proceedings in New Brunswick of any document that it is not, in the opinion of the Minister, in the interests of public policy to produce.
50(4)Where a collection agreement is entered into, the Commissioner of Customs and Revenue may
(a) employ all the powers, perform the duties and exercise any discretion that the Minister has under subsection (3) or otherwise under this Act, and
(b) designate officers of the Canada Customs and Revenue Agency to carry out such functions, duties and powers as are similar to those that are exercised by them on his behalf under the Federal Act.
1961-62, c.2, s.48; 1984, c.C-5.1, s.49; 1985, c.50, s.8; 1997, c.12, s.6; 2000, c.10, s.2
Effects of collection agreement
50.1(1)Where a collection agreement is entered into pursuant to section 50, the Government of Canada may collect the tax payable under subsection 2(2.1) on behalf of New Brunswick.
50.1(2)Where the aggregate of payments made to New Brunswick pursuant to subsection (1) exceeds the Federal share of the costs of the 1978 Economic Stimulation Program, as prescribed, the Minister of Finance may make an adjusting payment which shall be paid out of the Consolidated Fund to the Government of Canada.
50.1(3)Where a collection agreement is entered into, the whole or any part of the amount of an adjusting payment that may be made pursuant to subsection (2) may be recovered by the Government of Canada in accordance with the terms and conditions contained in the collection agreement providing for the recovery of any amount received by New Brunswick in excess of the amount to which it is entitled.
50.1(4)The amount of the adjusting payment to be made under subsection (2) shall be the amount calculated in the prescribed manner, by which the aggregate of payments made to New Brunswick pursuant to subsection (1) exceeds the prescribed Federal share of the costs of the 1978 Economic Stimulation Program.
1978, c.29, s.4
PAYMENTS ON ACCOUNT
Appropriation of tax payments
51(1)A collection agreement may provide that where any payment is received by the Minister on account of tax payable by a taxpayer for a taxation year under this Act, the Federal Act or an income tax statute of another agreeing province, or under any two or more such Acts or statutes, the payment so received may be applied by the Minister towards the tax payable by the taxpayer under any such Act or statute in such manner as may be specified in the agreement, notwithstanding that the taxpayer directed that the payment be applied in any other manner or made no direction as to its application.
51(2)Any payment or part thereof applied by the Minister in accordance with a collection agreement towards the tax payable by a taxpayer for a taxation year under this Act
(a) relieves the taxpayer of liability to pay such tax to the extent of the payment or part thereof so applied, and
(b) shall be deemed to have been applied in accordance with a direction made by the taxpayer.
1961-62, c.2, s.49; 1963, c.10, s.12
DEDUCTIONS AT SOURCE
Appropriation of deductions at source
52Where a collection agreement is in effect and an amount is remitted to the Minister of Finance under subsection 153(1) of the Federal Act, as it applies for the purposes of this Act, on account of the tax of an individual who is resident on the last day of the taxation year in another agreeing province,
(a) no action lies for recovery of such amount by that individual, and
(b) the amount may not be applied in discharge of any liability of that individual under this Act.
1961-62, c.2, s.50; 1963, c.10, s.13; 1990, c.12, s.57
Appropriation of deductions at source
53(1)Where a collection agreement is entered into, an individual resident in New Brunswick on the last day of the taxation year is not required to remit any amount on account of tax payable by him under this Act for the taxation year to the extent of the amount deducted or withheld on account of his tax for that year under the income tax statute of another agreeing province.
53(2)Where the total amount deducted or withheld on account of tax payable under this Act and under the income tax statute of another agreeing province by an individual resident in New Brunswick on the last day of the taxation year to whom subsection (1) applies exceeds the tax payable by him under this Act for that year, section 20 of this Act applies in respect of such individual as though the excess were an overpayment under this Act.
1961-62, c.2, s.51; 1963, c.10, s.14
NON-AGREEING PROVINCES
Adjusting payment between governments
54(1)In this section
“adjusting payment” means a payment, calculated in accordance with this section, made by or on the direction of New Brunswick to a non-agreeing province;
“amount deducted or withheld” does not include any refund made in respect of that amount;
“non-agreeing province” means a province that is not an agreeing province.
54(2)Where, in respect of a taxation year a non-agreeing province is authorized to make a payment to New Brunswick that, in the opinion of the Minister of Finance corresponds to an adjusting payment, the Lieutenant-Governor in Council may authorize the Minister of Finance to make an adjusting payment to that non-agreeing province and enter into any agreement that may be necessary to carry out the purposes of this section.
54(3)Where a collection agreement is entered into, the adjusting payment that may be made pursuant to subsection (2) may be made by the Government of Canada where it has agreed to act on the direction of New Brunswick as communicated by the Minister of Finance to the Minister.
54(4)The adjusting payment to be made under this section shall be in an amount that is equal to the aggregate of the amounts deducted or withheld under section 11 in respect of the tax payable for a taxation year by individuals who
(a) file returns under the Federal Act,
(b) are taxable thereunder in respect of that year, and
(c) are resident on the last day of that year in the non-agreeing province to which the adjusting payment is to be made.
54(5)Where an adjusting payment is to be made and there has been an amount deducted or withheld under subsection 153(1) of the Federal Act, as it applies for the purposes of this Act, on account of the tax for a taxation year of an individual who is taxable under the Federal Act in respect of that year and who is resident on the last day of that taxation year in the non-agreeing province,
(a) no action lies for the recovery of such amount by that individual, and
(b) the amount may not be applied in discharge of any liability of that individual under this Act.
54(6)Where an adjusting payment to a non-agreeing province is to be made under this section for a taxation year, an individual resident in New Brunswick on the last day of the taxation year is not required to remit any amount on account of tax payable by him under this Act for the taxation year to the extent of the amount deducted or withheld on account of his income tax for that year under the law of that non-agreeing province.
54(7)Where an adjusting payment to a non-agreeing province is to be made under this section for a taxation year and the total amount deducted or withheld on account of tax payable under this Act and on account of the income tax payable under the law of the non-agreeing province by an individual resident in New Brunswick on the last day of the taxation year to whom subsection (6) applies exceeds the tax payable by him under this Act for that year, section 20 of this Act applies in respect of such individual as though the excess were an overpayment under this Act.
54(8)Where a collection agreement is entered into and the Government of Canada has agreed in respect of a taxation year to carry out the direction of New Brunswick and to make an adjusting payment on behalf of New Brunswick, the adjusting payment
(a) shall be made out of any money that has been collected on account of tax under this Act for any taxation year, and
(b) shall be the amount calculated by the Minister to be the amount required to be paid under subsection (4),
and the payment thereof discharges any obligation the Government of Canada may have with respect to the payment to New Brunswick of any amount deducted or withheld under section 11 to which subsection (5) applies.
54(9)Repealed: 2000, c.N-6.001, s.128
1963, c.10, s.15; 1990, c.12, s.58; 2000, c.N-6.001, s.128
RECIPROCAL ENFORCEMENT
OF JUDGMENTS
Enforcement of judgments
55(1)A judgment of a superior court of an agreeing province under that province’s income tax statute, including any certificate registered in such superior court in a manner similar to that provided in subsection 31(2), may be enforced in the manner provided in the Reciprocal Enforcement of Judgments Act.
55(2)For the purposes of subsection (1), where a judgment of a superior court of an agreeing province is sought to be registered under the Reciprocal Enforcement of Judgments Act, such judgment shall be registered, notwithstanding that it is established that one or more of the provisions of section 3 of that Act apply.
55(3)For the purposes of subsection (1), the Lieutenant-Governor in Council may make regulations to enable the enforcement of judgments in respect of taxes in agreeing provinces to be enforced in New Brunswick.
1961-62, c.2, s.52
IV
INTERPRETATION
Definitions
56(1)In this Act
“agreeing province” means a province that has entered into an agreement with the Government of Canada under which the Government of Canada will collect taxes payable under that province’s income tax statute and will make payments to that province in respect of the taxes so collected;(province participante)
“amount” means amount as defined in the Federal Act;(montant)
“assessment” means assessment as defined in the Federal Act;(cotisation)
“balance-due day” means balance-due day as defined in the Federal Act;(date d’exigibilité du solde)
“business” means business as defined in the Federal Act;(entreprise ou affaire)
“collection agreement” means an agreement entered into pursuant to subsection 50(1);(arrangement relatif à la perception)
“Commissioner of Customs and Revenue” means the Commissioner of Customs and Revenue appointed under section 25 of the Canada Customs and Revenue Agency Act (Canada);(commissaire des douanes et du revenu)
“corporation” means corporation as defined in the Federal Act;(corporation)
“court” means The Court of Queen’s Bench of New Brunswick;(cour)
“deputy head” means(administrateur général)
(a) the Deputy Minister of Finance or permanent head of that portion of the public service of New Brunswick administered by the Minister of Finance, or
(b) where a collection agreement is entered into, the Commissioner of Customs and Revenue;
“employed” means employed as defined in the Federal Act;(être employé)
“employee” means employee as defined in the Federal Act;(employé)
“employer” means employer as defined in the Federal Act;(employeur)
“Federal Act” means the Income Tax Act, chapter 148, of the Revised Statutes of Canada, 1952, as amended from time to time;(loi fédérale)
“Federal Regulations” means the regulations made pursuant to the Federal Act, as amended from time to time;(règlements fédéraux)
“fiscal period” means fiscal period as defined in the Federal Act;(exercice financier)
“income tax statute” means, with reference to an agreeing province, the law of that province that imposes a tax similar to the tax imposed under this Act;(loi de l’impôt sur le revenu)
“individual” means a person other than a corporation and includes a trust or estate as defined in subsection 104(1) of the Federal Act;(particulier)
“loss” means a loss as determined in accordance with and for the purposes of the Federal Act;(perte)
“Minister” means the Minister of National Revenue for Canada, but in any provision of the Federal Act that is incorporated by reference in this Act, unless a collection agreement has been entered into, a reference to the Minister shall be read and construed for the purposes of this Act as a reference to the Minister of Finance;(Ministre)
“Minister of Finance” means the Minister of Finance of New Brunswick or, where a collection agreement is entered into, means(ministre des Finances)
(a) in relation to the remittance of any amount as or on account of tax payable under this Act, the Receiver General of Canada, and
(b) in relation to any other matter, the Minister;
“permanent establishment” means permanent establishment as defined in the Federal Regulations;(établissement permanent)
“person” means person as defined in the Federal Act;(personne)
“prescribed” means prescribed as defined in the Federal Act;(prescrit)
“province” means a province of Canada and includes the Yukon Territory and the Northwest Territories;(province)
“Receiver General of Canada” means the Receiver General of Canada, but in any provision of the Federal Act that is incorporated by reference in this Act, unless a collection agreement is entered into, a reference to the Receiver General of Canada shall be read and construed for the purposes of this Act as a reference to the Minister of Finance;(receveur général du Canada)
“regulation” means a regulation made by the Lieutenant-Governor in Council under this Act;(règlement)
“taxable income” means taxable income as defined in the Federal Act;(revenu imposable)
“taxation year” means taxation year as defined in subsection 249(1) of the Federal Act and, in the case of an estate or trust arising on death, means a taxation year as defined in subsection 104(23) of the Federal Act;(année d’imposition)
“taxpayer” means taxpayer as defined in the Federal Act.(contribuable)
Interpretation
56(2)The expression “last day of the taxation year” shall, in the case of an individual who resided in Canada at any time in the taxation year but ceased to reside in Canada before the last day thereof, be deemed to be a reference to the last day in the taxation year on which he resided in Canada.
Interpretation
56(3)The tax payable by a taxpayer under this Act or under Part I of the Federal Act means the tax payable by him as fixed by assessment or re-assessment subject to variation on objection or on appeal, if any, in accordance with this Act, or Part I of the Federal Act, as the case may be.
Interpretation
56(4)For the purposes of this Act, except where they are at variance with the definitions contained in this section, the definitions and interpretations contained in or made by regulation under the Federal Act, as amended from time to time, apply.
Interpretation
56(5)In any case of doubt, the provisions of this Act shall be applied and interpreted in a manner consistent with similar provisions of the Federal Act.
Application of Federal Act
56(6)Subsection 248(11) of the Federal Act applies for the purposes of this Act to the extent that that subsection applies to subsections 161(1), (2) and (11), 164(3) to (4) and 227(8.3) and (9.2) of the Federal Act, as they apply for the purposes of this Act.
Modifications for application of Federal Act
56(7)Where a provision (in this subsection referred to as “that section”) of the Federal Act or the Federal Regulations is made applicable for the purposes of this Act, that section, as amended from time to time heretofore or hereafter, applies with such modifications as the circumstances require for the purposes of this Act as though it had been enacted as a provision of this Act and in applying that section for the purposes of this Act, in addition to any other modifications required by the circumstances,
(a) a reference in that section to tax under Part I of the Federal Act shall be read as a reference to tax under this Act;
(b) except for the purposes of Part I.1 of this Act, where that section contains a reference to tax under any of Parts I.1 to XIV of the Federal Act, that section shall be read without reference therein to tax under any of those Parts and without reference to any portion of that section which applies only to or in respect of tax under any of those Parts;
(c) a reference in that section to a particular provision of the Federal Act that is the same as or similar to a provision of this Act shall be read as a reference to the provision of this Act;
(d) any reference in that section to a particular provision of the Federal Act that applies for the purposes of this Act shall be read as a reference to the particular provision as it applies for the purposes of this Act;
(e) except for the purposes of Part I.1 of this Act, where that section contains a reference to any of Parts I.1 to XIV of the Federal Act or to a provision in any of those Parts, that section shall be read without reference therein to that Part or without reference to that provision, as the case may be, and without reference to any portion of that section that applies only because of the application of any of those Parts or the application of a provision in any of those Parts;
(f) where that section contains a reference to the Bankruptcy and Insolvency Act (Canada), that section shall be read without reference therein to the Bankruptcy and Insolvency Act (Canada);
(g) a reference in that section to a Federal Regulation that applies for the purposes of this Act shall be read as a reference to the Regulation as it applies for the purposes of this Act;
(h) any reference in that section to a word or expression set out in the left-hand column of the following table shall be read as a reference to the word or expression set out opposite thereto in the right-hand column of the following table:
Table
Her Majesty
Her Majesty in right of the Province of New Brunswick
Canada
New Brunswick
Criminal Code
Provincial Offences Procedures Act
Minister
Minister of Finance
Receiver General
Minister of Finance
Canada Customs and Revenue Agency
Department under the Minister of Finance
Commissioner of Customs and Revenue
deputy head
Deputy Attorney General of Canada
Deputy Attorney General of New Brunswick
the Tax Court of Canada
The Court of Queen’s Bench of New Brunswick
Tax Court of Canada Act
Judicature Act
the Federal Court of Canada
The Court of Queen’s Bench of New Brunswick
Federal Court Act
Judicature Act
Registrar of the Tax Court of Canada
Registrar of The Court of Queen’s Bench of New Brunswick
Registry of the Federal Court
The Court of Queen’s Bench of New Brunswick
1961-62, c.2, s.53; 1963, c.10, s.16, 17; 1972, c.35, s.15; 1979, c.35, s.5; 1979, c.41, s.64; 1982, c.30, s.11; 1984, c.C-5.1, s.49; 1987, c.6, s.42; 1988, c.19, s.6; 1990, c.12, s.59; 1993, c.33, s.28; 1997, c.41, s.2; 2000, c.10, s.2
V
TRANSITIONAL
MISCELLANEOUS
Transitional
57Each Act, or any provision, section, subsection or clause of an Act to be repealed, suspended or nullified as enumerated in Appendix “A” to the Agreement, appended as a schedule to the Tax Agreement Act, 1957, shall continue to be repealed, suspended or nullified until such time as the Lieutenant-Governor in Council by proclamation declares that the Act, or any provision, section, subsection or clause thereof is operative, and thereupon the Act, or any provision, section, subsection or clause thereof so declared to be operative, shall be in full force and effect.
1963, c.10, s.18
N.B. This Act is consolidated to June 13, 2012.