5(1)Subject to subsection (4), each year there shall be a tax on all real property
(a)
at the rate of one dollar and fifty cents on each one hundred dollars valuation of real property being residential property; or
(b)
at the rate of two dollars and twenty-five cents on each one hundred dollars valuation of real property being non-residential property.
5(1.1)Repealed: 1982, c.56, s.4
5(1.2)Repealed: 1979, c.61, s.1
5(2)In addition to the tax imposed under subsection (1) and subject to subsection (2.1),
(a)
each year every municipality shall, by resolution of its council under subsection 87(2) of the
Municipalities Act, impose a tax on all real property within the municipality, at the rate fixed under section 87 of the
Municipalities Act on all residential property within the municipality and at one and one-half times that rate on all non-residential property within the municipality;
(a.1)
each year every rural community shall, by resolution of its rural community council under subsection 190.081(2) of the
Municipalities Act, impose a tax on all real property within the rural community, at the rate fixed under subsection 190.081(2) of the
Municipalities Act on all residential property within the rural community and at one and one-half times that rate on all non-residential property within the rural community; and
(b)
Repealed: 1992, c.5, s.22
(c)
each year there shall be a tax on all real property within a local service district under the
Municipalities Act, at the rate fixed under section 4 for that local service district on all residential property and at one and one-half times that rate on all non-residential property.
5(2.001)The tax imposed by a municipality under paragraph (2)(a) is due and owing to that municipality.
5(2.002)Any tax imposed under paragraph (2)(a) before the commencement of this subsection shall be deemed to be a tax imposed by resolution under paragraph (2)(a) by the municipality where the real property is located, is due and owing to that municipality and is valid for all purposes, and any reference in this Act to the tax imposed by a municipality under paragraph (2)(a) is deemed to include such tax.
5(2.003)The tax imposed by a rural community under paragraph (2)(a.1) is due and owing to that rural community.
5(2.01)In addition to the tax imposed under subsections (1) and (2) and subject to subsection (2.1) there shall be a tax on all real property within a municipality, a local service district and a rural community under the
Municipalities Act at the rate of two cents on each one hundred dollars valuation of real property being residential property or non-residential property.
Exemption for public utilities
5(2.1)A tax imposed under subsections (2) and (2.01) does not apply to any wire, cable, pole, tower, installation or thing, or any structure other than buildings, owned or used by a person owning or operating a cable television, a telephone, an electric light, a telegraph or a telecommunication system or any electric power distribution system including the New Brunswick Power Corporation
.
5(3)Repealed: 1982, c.56, s.4
Reduction on real property tax rate
5(4)The rate of tax referred to in subsection (1) of all real property that is the subject of a credit under section 2 of the
Residential Property Tax Relief Act shall
(a)
on January 1, 1975, be reduced from one dollar and fifty cents to one dollar and twelve and one-half cents;
(b)
on January 1, 1976, be reduced from one dollar and twelve and one-half cents to seventy-five cents;
(c)
on January 1, 1977, be reduced from seventy-five cents to thirty-seven and one-half cents;
(d)
on January 1, 1978, be abolished.
Tax rates for real property not within a municipality
5(4.1)Notwithstanding subsection (4) and notwithstanding any amount credited under the
Residential Property Tax Relief Act,
(a)
for the year 1978, there shall be a tax at the rate of thirty cents,
(b)
for the years 1979 to 1983, inclusive, there shall be a tax at the rate of forty cents,
(c)
subject to subsections (4.2) to (4.4), for the year 1984, and each subsequent year thereafter, there shall be a tax at the rate of sixty-five cents,
on each one hundred dollars valuation in respect of real property referred to in subsection (4) that are in those areas of the Province not being within a municipality.
Tax rates for real property not within a municipality
5(4.2)If a rural community is responsible under subsection 3(1.1) of the
Police Act for providing police services to the rural community or an area of the rural community, the rate under paragraph (4.1)(c) shall be reduced by twenty cents for real property situated in the rural community or any area of the rural community for which the rural community is responsible for providing the service.
Tax rates for real property not within a municipality
5(4.3)If a rural community has enacted a by-law under subsection 190.079(1) of the
Municipalities Act with respect to the provision of the service of road and street maintenance, the rate under paragraph (4.1)(c) shall be reduced by forty-four cents for real property situated in the rural community.
Tax rates for real property not within a municipality
5(4.4)If a rural community is required by a regulation under paragraph 14.1(5)(f) of the
Municipalities Act to provide the service of road and street maintenance to an area of a rural community, the rate under paragraph (4.1)(c) shall be reduced by forty-four cents for real property situated in that area of the rural community.
Tax rates on cessation and sale of golf course
5(5)The owner of real property assessed at its real and true value as a golf course is liable, if he disposes of it within three years of its ceasing to be used as a golf course, to pay a tax equal to twenty per cent of the difference between
(a)
the proceeds of the sale or the value of the real property assessed at its real and true value, whichever is the greater, and
(b)
the value of the real property assessed at its real and true value as a golf course immediately prior to its ceasing to be used as a golf course.
Farm land identification program
5(6)Notwithstanding paragraph (1)(a), no tax imposed under paragraph (1)(a) is payable in respect of real property registered under the farm land identification program established pursuant to the regulation, subject to the terms and conditions prescribed by regulation.
Farm land identification program
5(7)Where real property registered under the farm land identification program ceases to be registered under the program as a result of a breach of any term or condition prescribed by the farm land identification program, the person in whose name the real property is assessed is liable to pay in respect of that real property the taxes and penalties that would have been payable for the following periods of years if the real property had not been registered:
(a)
with respect to taxes imposed for any taxation year before the 1998 taxation year, the lesser of
(i)
the number of years in the period from the date of the registration of the real property to the date the real property ceased to be registered, and
(b)
with respect to taxes imposed for the 1998 taxation year and any subsequent taxation year, the lesser of
(i)
the number of years in the period from the date of the registration of the real property to the date the real property ceased to be registered, and
Farm land identification program
5(8)Notwithstanding subsection (7), where a farm outbuilding registered under the farm land identification program ceases to be registered under the program as a result of a breach of any term or condition prescribed by the program
(a)
the remainder of the real property that was registered with the farm outbuilding under the program, if such real property continues to meet the terms and conditions prescribed by the program, shall remain registered under the program, and
(b)
the person in whose name the farm outbuilding is assessed is liable to pay in respect of that farm outbuilding the taxes and penalties that would have been payable for the following periods of years if the farm outbuilding had not been registered:
(i)
with respect to taxes imposed for any taxation year before the 1998 taxation year, the lesser of
(A)
the number of years in the period from the date of the registration of the farm outbuilding to the date the farm outbuilding ceased to be registered, and
(ii)
with respect to taxes imposed for the 1998 taxation year or any subsequent taxation year, the lesser of
(A)
the number of years in the period from the date of the registration of the farm outbuilding to the date the farm outbuilding ceased to be registered, and
Farm land identification program
5(9)Notwithstanding subsection (7), where any portion of real property registered under the farm land identification program ceases to be registered in the circumstances provided for in the regulations
(a)
the remainder of the real property that was registered with that portion under the program shall remain registered under the program if the remainder continues to meet the terms and conditions prescribed by the program, and
(b)
the person in whose name the portion of the real property is assessed is liable to pay in respect of that portion the taxes and penalties that would have been payable for the following periods of years if the portion had not been registered:
(i)
with respect to taxes imposed for any taxation year before the 1998 taxation year, the lesser of
(A)
the number of years in the period from the date of the registration of the portion of the real property to the date the portion ceased to be registered, and
(ii)
with respect to taxes imposed for the 1998 taxation year or any subsequent taxation year, the lesser of
(A)
the number of years in the period from the date of the registration of the portion of the real property to the date the portion ceased to be registered, and
Farm land identification program
5(10)Each year the Minister of Local Government shall calculate the average of the rates of tax for that year fixed under paragraph 4(a) for all of the local service districts in the Province.
Farm land identification program
5(11)Notwithstanding paragraph (2)(c), where in a year the rate of tax fixed under section 4 for real property within a local service district exceeds the average rate of tax for that year under subsection (10) and the real property is registered under the farm land identification program, the amount of tax that is the difference between the tax imposed under paragraph (2)(c) on that real property for that year calculated at the rate fixed under section 4 and the tax that would be imposed on that real property for that year if the tax were calculated based on the average rate under subsection (10) is not payable in respect of that real property for that year.
Farm land identification program
5(12)Subsections (7) to (9), 12(1.2) and 14(5) and the regulations in respect of the farm land identification program apply with the necessary modifications for the purposes of subsection (11).
Farm land identification program
5(13)Notwithstanding paragraph (2)(a) or (a.1), where in a year the rate of tax referred to in paragraph (2)(a) or (a.1) for real property within a municipality or rural community, as the case may be, exceeds the average rate of tax for that year under subsection (10) and the real property is registered under the farm land identification program, the Minister of Agriculture and Aquaculture may pay for that year on behalf of the person in whose name the real property is assessed the amount of tax that is the difference between the tax imposed under paragraph (2)(a) or (a.1) on that real property for that year calculated at the rate referred to in paragraph (2)(a) or (a.1) and the tax that would be imposed on that real property for that year if the tax were calculated based on the average rate under subsection (10).
Farm land identification program
5(14)Subsections (7) to (9), 12(1.2) and 14(5) and the regulations in respect of the farm land identification program apply with the necessary modifications for the purposes of subsection (13).
Farm land identification program
5(15)The amount of a payment under subsection (13) bears interest from the date of the payment at the rate prescribed by regulation for a penalty under subsection 10(3).
Farm land identification program
5(16)The amount of a payment under subsection (13) and any interest on that amount under subsection (15) that are due and unpaid constitute a debt due to the Crown in right of the Province from the person in whose name the real property is assessed, are payable on demand by the Minister of Agriculture and Aquaculture and may be recovered by action in the name of the Crown in right of the Province in any court of competent jurisdiction.
Farm land identification program
5(17)Subject to the approval of the Lieutenant-Governor in Council, the Minister of Agriculture and Aquaculture may at any time discontinue payments under subsection (13).
Farm land identification program
5(18)Subsection (13) does not apply where the municipality in which the real property is located collects the tax under subsection 6(2).
1966, c.151, s.5; 1967, c.61, s.1; 1975, c.52, s.1; 1977, c.44, s.2; 1978, c.45, s.1; 1979, c.61, s.1; 1982, c.56, s.4; 1983, c.77, s.1; 1989, c.35, s.1; 1991, c.27, s.37; 1991, c.59, s.60; 1992, c.5, s.22; 1993, c.11, s.2; 1993, c.59, s.1; 1994, c.93, s.7; 1996, c.46, s.3; 1997, c.30, s.1; 1998, c.16, s.1; 1998, c.41, s.99; 2000, c.26, s.257; 2005, c.7, s.72; 2006, c.16, s.156; 2007, c.10, s.83