Acts and Regulations

P-1.1 - Pari-Mutuel Tax Act

Full text
Repealed on 1 September 2011
CHAPTER P-1.1
Pari-Mutuel Tax Act
Assented to July 17, 1981
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“bettor” means a person who bets through the agency of a pari-mutuel system;(parieur)
“collector” means a person who operates, conducts or manages a pari-mutuel system;(percepteur)
“Commissioner” means the Provincial Tax Commissioner provided for under the Revenue Administration Act;(commissaire)
“Minister” means the Minister of Finance;(Ministre)
“pari-mutuel system” means a pari-mutuel system of betting through the agency of which bets may be placed and recorded and tickets or other documents showing the amount of money bet by a bettor may be issued to the bettor.(système de pari mutuel)
1983, c.R-10.22, s.46
ADMINISTRATION
Administration
2(1)The Minister shall administer this Act.
2(2)The Commissioner shall act under the instructions of the Minister or Deputy Minister and have general supervision over all matters relating to this Act and perform such duties as are assigned to him by this Act, the Lieutenant-Governor in Council, the Minister or the Deputy Minister.
2(3)Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
IMPOSITION OF TAX
Imposition of tax
3(1)Every bettor shall pay to the Minister for the raising of revenue for Provincial purposes a tax at the rate of eleven per cent of the amount bet.
3(2)A person required to pay a tax under subsection (1) shall pay the tax at the time he places his bet to the collector.
3(3)The tax imposed under subsection (1) shall be computed to the nearest cent; one-half cent shall be deemed to be one cent; the minimum tax payable shall be two cents.
3(4)For purposes of calculating the tax imposed by subsection (1), the amount bet includes the amount of the tax.
REGISTRATION
Prohibition
4No person shall operate, conduct or manage a pari-mutuel system of betting or receive bets through the agency of a pari-mutuel system unless he is the holder of a valid and subsisting registration certificate issued under this Act with respect to that system.
Application for registration certificate
5(1)The Minister may issue a registration certificate to a person with respect to a pari-mutuel system operated, conducted or managed by that person upon application to the Minister in the manner and form prescribed by the regulations and upon payment of the fee prescribed by the regulations.
5(2)The Minister may, if in his opinion it is in the public interest to do so, refuse to issue a registration certificate.
5(3)A registration certificate shall be kept at the location of the pari-mutuel system with respect to which it was issued and is not transferable.
COLLECTION
Collector to be agents
6Every collector is an agent of the Minister for the purposes of collecting the tax imposed and payable under section 3.
When tax collected
7Every collector shall collect the tax imposed and payable under section 3 from each bettor in cash at the time the bettor’s bet is placed.
Obligation to pay tax
8A collector shall not permit or authorize a person to place a bet, or shall not be a party or privy to a person placing a bet, through the agency of a pari-mutuel system without paying the tax imposed under this Act.
Repealed
9Repealed: 1983, c.R-10.22, s.46
1982, c.3, s.54; 1983, c.R-10.22, s.46
Repealed
10Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
11Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
12Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
RETURNS
Repealed
13Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
14Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Offence respecting false statement
15No person shall make a false statement in any application, record or return required to be made or kept under this Act or the regulations.
Repealed
16Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
APPEAL
Repealed
17Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
18Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
19Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
20Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
21Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
RECOVERY OF TAX
Repealed
22Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
23Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
24Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
AUDIT AND INSPECTION
Repealed
25Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
26Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
OFFENCES AND PENALTIES
Offences generally
27(1)A person who violates or fails to comply with subsection 5(3) or any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
27(2)A person who violates or fails to comply with subsection 3(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
27(3)A person who violates or fails to comply with subsection 3(1) or section 4, 7 or 8 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
27(4)A person who violates or fails to comply with section 15 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
1990, c.61, s.102
Certificate as evidence
28(1)In any prosecution or other proceeding under this Act, a certificate signed by the Minister or the Commissioner or bearing a signature purporting to be that of the Minister or the Commissioner stating that
(a) a person at any specified time did or did not have a registration certificate as required under this Act;
(b) a person failed to pay tax or to collect tax as required under this Act;
(c) a person failed to keep such records in such form, containing such information and in such place as required under this Act and the regulations;
(d) Repealed: 1983, c.R-10.22, s.46
(e) Repealed: 1983, c.R-10.22, s.46
(f) Repealed: 1983, c.R-10.22, s.46
may be adduced in evidence without proof of the signature or appointment of the Minister or the Commissioner and, when so adduced, is, in the absence of evidence to the contrary, proof of the facts stated therein, and where the person named in the certificate has the same name as the accused, that the person named in the certificate is the accused.
28(2)Any report, certificate or other document signed by the Minister or by the Commissioner or purporting to be signed by the Minister or by the Commissioner may be adduced in evidence in any court and shall be received as prima facie proof of the facts stated therein without proof of the appointment, signature or authority of the Minister or of the Commissioner.
1983, c.R-10.22, s.46
Service by registered mail
29Any notice, order or other document served under this Act by registered mail shall be deemed to have been received by the person to whom it was addressed not later than the fifth day after the day of mailing.
Repealed
30Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Repealed
31Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Additional penalties
32Upon convicting a person for an offence under this Act, the Court may, in addition to any penalty imposed, order the person to pay to the Minister or to the Court for the benefit of the Minister any amount owing under this Act and in default of payment the person is liable to imprisonment for a term not exceeding three months.
Limitation period
33A prosecution for a violation of this Act shall be commenced within three years from the time of the violation.
Liability of officer, director, employee and agent of a corporation
34(1)Where a corporation commits an offence under this Act, any officer, director, employee or agent of that corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and commits the offence and on conviction is liable to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
34(2)Nothing in subsection (1) relieves the corporation who committed an offence under this Act for liability therefor.
34(3)In construing and enforcing this Act, the act, omission, neglect or failure of an officer, director, employee or agent of a corporation, acting within the scope of his employment or instructions is the act, omission, neglect or failure of the corporation.
1990, c.22, s.38
GENERAL
Repealed
35Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Regulations
36The Lieutenant-Governor in Council may make regulations
(a) respecting forms for the purposes of this Act;
(b) Repealed: 1983, c.R-10.22, s.46
(c) Repealed: 1983, c.R-10.22, s.46
(d) Repealed: 1983, c.R-10.22, s.46
(e) respecting the manner in which applications are to be made for registration certificates under this Act, and the fees payable therefor;
(f) Repealed: 1983, c.R-10.22, s.46
(g) Repealed: 1983, c.R-10.22, s.46
(h) Repealed: 1983, c.R-10.22, s.46
(i) Repealed: 1983, c.R-10.22, s.46
1983, c.R-10.22, s.46
Ratification and confirmation of taxes imposed and collected
37(1)All taxes imposed or collected prior to the coming into force of this Act pursuant to Regulation 162 under the Theatres, Cinematographs and Amusements Act with respect to pari-mutuel betting, and all interest and penalties imposed thereunder with respect to such taxes, are hereby ratified and confirmed as if imposed or collected by or under an enactment of the Legislature, and such taxes, interest or penalties outstanding on the coming into force of this Act may be collected and enforced and shall bear interest in accordance with the provisions of this Act as if they had been imposed or collected pursuant to this Act.
37(2)The first regulations made pursuant to paragraphs 36(g) and (h) may be made retroactive to April 1, 1981, to apply to the collectors of taxes under Regulation 162 under the Theatres, Cinematographs and Amusements Act with respect to taxes collected thereunder prior to the coming into force of this Act.
Commencement provision
38This Act or any provision thereof comes into force on a day to be fixed by proclamation.
N.B. This Act was proclaimed and came into force December 17, 1981.
N.B. This Act is consolidated to September 1, 2011.