HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Arts Council Act

1 Section 3 (1) of the Arts Council Act, R.S.B.C. 1996, c. 19, is amended by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) make recommendations to the minister under section 9 (5) (b) of the Special Accounts Appropriation and Control Act respecting the payment of amounts out of the BC150 Cultural Fund Sub-account of the BC Arts and Culture Endowment special account, and .

2 Section 6 (1) (b) is repealed and the following substituted:

(b) a financial statement showing for the preceding fiscal year

(i) all money allocated by the council under section 3 (1) (b), and

(ii) all money paid out of the BC150 Cultural Fund Sub-account of the BC Arts and Culture Endowment special account on the council's recommendation under section 3 (1) (b.1).

British Columbia Railway Act

3 Section 6 of the British Columbia Railway Act, R.S.B.C. 1996, c. 36, is amended

(a) in subsection (3) by adding "and subject to any conditions specified by the Lieutenant Governor in Council" after "Lieutenant Governor in Council", and

(b) by adding the following subsections:

(4) Despite the exemption from tax referred to in subsection (1) and section 16, with the approval of the Lieutenant Governor in Council and subject to any conditions specified by the Lieutenant Governor in Council, the company may make to the Surveyor of Taxes annual grants in place of school taxes in relation to property of the company or a subsidiary.

(5) An annual grant under subsection (4) must be paid to the Surveyor of Taxes, whether or not the property of the company or a subsidiary is within a rural area.

Budget Measures Implementation Act, 2003

4 Section 59 (1) of the Budget Measures Implementation Act, 2003, S.B.C. 2003, c. 3, is amended by repealing paragraph (a) of the definition of "tax Acts" and substituting the following:

(a) Financial Institutions Minimum Tax Act, .

Corporation Capital Tax Act

5 The title of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is repealed and the following substituted:

FINANCIAL INSTITUTIONS MINIMUM TAX ACT .

6 Section 1 (1) is amended

(a) by repealing the definition of "financial corporation" and substituting the following:

"financial corporation" has the same meaning as "financial institution";

"financial institution" means

(a) a bank, trust company or credit union, and

(b) the agent, assignee, trustee, liquidator, receiver or other official in whose hands, or under whose control, all or any part of the property of a bank, trust company or credit union is placed; , and

(b) by adding the following definition:

"minimum tax payable" means tax payable under section 3.6 and does not include penalties and interest that are, or may be, added to that tax; .

7 Sections 1 (4) (a) and (b) and 4 (3) are amended by striking out "financial corporations" wherever it appears and substituting "financial institutions".

8 The following sections are added:

Deduction from tax payable —
transition to minimum tax

3.21  (1) In this section, "capital tax payable" means a financial corporation's tax payable under section 3, 3.1 or 3.2 for a taxation year.

(2) A financial corporation may deduct from the financial corporation's capital tax payable for a taxation year the amount determined by the following formula:

Amount =

1

x CTP x

DT1

+

2

x CTP x

DT2

+

CTP x

DT3

3

DTY

3

DTY

DTY

where

Sections 3 to 3.21 cease to apply

3.22  Sections 3 to 3.21 do not apply to a financial corporation in respect of a taxation year that begins after March 31, 2010.

9 The following sections are added:

Minimum tax

3.6  (1) A financial institution must, for each taxation year that the financial institution has or had a permanent establishment in British Columbia, pay to the government a tax calculated in accordance with this Act if the financial institution has, at the end of the taxation year, net paid up capital that is equal to or greater than the prescribed amount.

(2) The tax imposed on and payable by the financial institution under subsection (1) for the taxation year is an amount equal to 1% of the B.C. paid up capital of the financial institution for that taxation year.

(3) This section applies to a financial institution in respect of a taxation year that ends on or after April 1, 2010.

Deductions from minimum tax payable

3.7  (1) Subject to subsection (2), a financial institution may deduct from the financial institution's minimum tax payable for a taxation year an amount equal to the total of that part of the following amounts claimed by the financial institution:

(a) the financial institution's net income tax payable for the taxation year;

(b) the financial institution's unused corporate income tax credits for its 7 taxation years immediately before and its 3 taxation years immediately after the taxation year.

(2) For the purposes of subsection (1), the following rules apply:

(a) an amount may not be claimed under subsection (1) (b) unless all of the amount claimable under subsection (1) (a) for the taxation year has been claimed;

(b) subject to paragraph (c), an amount may not be claimed under subsection (1) (b) for a taxation year in respect of a financial institution's unused corporate income tax credits for another taxation year unless all of the financial institution's unused corporate income tax credits for taxation years preceding the other taxation year have been claimed;

(c) an amount may not be claimed under subsection (1) (b) in respect of a financial institution's unused corporate income tax credits for a taxation year ending before April 1, 2010;

(d) an amount may be claimed under subsection (1) (b) for a particular taxation year in respect of a financial institution's unused corporate income tax credits for another taxation year, only to the extent that the amount that may be claimed exceeds the total of all amounts each of which is the amount claimed in respect of that unused corporate income tax credit for a taxation year preceding the particular taxation year;

(e) the amount deducted under subsection (1) for a taxation year may not exceed the financial institution's minimum tax payable for the taxation year.

(3) A financial institution's net income tax payable for a taxation year is the greater of

(a) zero, and

(b) the financial institution's tax payable under sections 14 to 16 [corporation income tax; corporate straddle provision; small business rate] of the Income Tax Act for the taxation year, not including any penalties and interest that are, or may be, added to the tax payable under that Act, less any deductions made by the financial institution under the sections referred to in section 18.1 [order of making deductions from tax payable] of that Act for the taxation year.

(4) A financial institution's unused corporate income tax credits for a taxation year is the amount, if any, by which the financial institution's net income tax payable for the taxation year exceeds the financial institution's minimum tax payable for the taxation year.

Transition for taxation year including
and ending after March 31, 2010

3.8  For the purpose of applying sections 3.6 and 3.7 to a financial institution for a taxation year that includes and ends after March 31, 2010,

(a) the minimum tax payable by the financial institution for the taxation year is equal to that proportion of the minimum tax otherwise payable under section 3.6 for the taxation year by the financial institution, if this section did not apply, that the number of days in the taxation year occurring after March 31, 2010 bears to the total number of days in the taxation year, and

(b) the financial institution's net income tax payable for the taxation year is equal to that proportion of the net income tax otherwise payable under section 3.7 (3) for the taxation year by the financial institution, if this section did not apply, that the number of days in the taxation year occurring after March 31, 2010 bears to the total number of days in the taxation year.

10 Section 7 (2) is repealed and the following substituted:

(2) Despite section 1 (5), for the purposes of subsection (1) of this section,

(a) subject to paragraph (b), the capital stock of a financial corporation includes all shares in the financial corporation, and

(b) the capital stock of a credit union does not include its non-equity shares as defined by the Financial Institutions Act.

11 Section 12 is amended

(a) in subsection (1) by striking out "the corporation" and substituting "the financial institution", and

(b) in subsection (2) by striking out "corporation" and substituting "authorized foreign bank".

12 Section 19 is amended

(a) by repealing subsection (6) (a) and substituting the following:

(a) this Act had been in force, except section 3.7 (1) (b) insofar as that section authorizes the financial institution to deduct from its minimum tax payable for a taxation year an amount equal to that part claimed of its unused corporate income tax credits for its 3 taxation years immediately after the taxation year, and , and

(b) by adding the following subsections:

(12.1) Despite subsection (12), subsections (12.3) and (12.4) apply if in computing a financial institution's tax payable for a taxation year the financial institution deducts an amount under section 3.7 (1) in respect of an amount claimed under section 3.7 (1) (b) for the financial institution's 3 taxation years immediately after the taxation year.

(12.2) In subsection (12.3), "adjusted tax payable" means a financial institution's tax payable for a taxation year if no deduction were made for the taxation year under section 3.7 (1) in respect of an amount claimed under section 3.7 (1) (b) for the financial institution's 3 taxation years immediately after the taxation year.

(12.3) If the aggregate amount of the installments paid by a financial institution under this section exceeds the adjusted tax payable for the taxation year in respect of which the installments were paid, the amount by which an installment exceeded 25% of the amount of the financial institution's adjusted tax payable for that taxation year earns interest from the later of the due date of the installment and the date that the overpayment was made.

(12.4) If in computing a financial institution's tax payable for a taxation year the financial institution deducts an amount under section 3.7 (1) in respect of an amount claimed under section 3.7 (1) (b) for a particular taxation year that is one of the financial institution's 3 taxation years immediately after the taxation year, the amount deducted earns interest from the date that is 61 days after the date the financial institution delivers a return for that particular year to the administrator.

13 Section 29 (4) (b) (i) (A) is amended by striking out "corporation's" and substituting "financial institution's".

14 Section 40 (13) is amended by adding "and" at the end of paragraph (c), by striking out "and" at the end of paragraph (d) and by repealing paragraph (e).

15 The provisions listed in Column 1 of the Schedule to this Act are amended by striking out "financial corporation" wherever it appears and substituting "financial institution".

16 The provisions listed in Column 2 of the Schedule to this Act are amended by striking out "financial corporation's" wherever it appears and substituting "financial institution's".

Crown Proceeding Act

17 Section 3 (1) (a) (ii) of the Crown Proceeding Act, R.S.B.C. 1996, c. 89, is repealed and the following substituted:

(ii) the Financial Institutions Minimum Tax Act, or .

Financial Administration Act

18 Section 21 (2) of the Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by adding ", (c.1) and (d)" after "27 (1) (c)".

19 Section 27 is amended

(a) by repealing subsection (1) (d) and substituting the following:

(d) make regulations establishing amounts or allowances, to be paid out of an appropriation, for the reasonable out-of-pocket, travelling and other expenses incurred by

(i) despite section 7 of the Members' Remuneration and Pensions Act, members of the Legislative Assembly

(A) acting as a member of a board, council, commission, body or other entity created or established by the Executive Council,

(B) attending or acting in an official capacity at a meeting, conference, task force, committee, visitation, function or work on any project if designated to do so by a minister on behalf of the Executive Council, or

(C) acting as members of the Executive Council or as parliamentary secretaries, and

(ii) other persons in relation to the discharge of official duties. , and

(b) by adding the following subsection:

(1.1) A regulation under subsection (1) (d) may

(a) establish different amounts or allowances for different persons or circumstances, and

(b) establish amounts or allowances by reference to a directive of the Treasury Board.

Home Owner Grant Act

20 Section 1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended

(a) by adding the following definition:

"permanent resident" has the same meaning as in the Immigration and Refugee Protection Act (Canada); , and

(b) by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years before

(i) the death or either of them,

(ii) the filing of an application by either of them under section 8, or

(iii) the filing of an application by either of them for a low-income grant supplement,

as the case may be, but does not include persons who are spouses as defined in paragraph (a) who are separated and living apart, and

(c) have entered into a written agreement under which they have agreed to live apart, or

(d) are subject to an order of the court recognizing the separation; .

21 Section 2 (1) (a) and (b) is repealed and the following substituted:

(a) is a Canadian citizen or a permanent resident,

(b) is ordinarily resident in British Columbia, and

(c) subject to section 5.1, occupies the eligible residence as his or her principal residence.

22 Section 2 (6) is amended

(a) in paragraph (a) by striking out "permanently resident in British Columbia," and substituting "a Canadian citizen or a permanent resident and ordinarily resident in British Columbia,",

(b) in paragraph (b) by adding "subject to section 5.1," before "the spouse", and

(c) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:

(d) the deceased owner met the requirements under subsection (1) at the time of the deceased owner's death.

23 Section 3 (2) (a) and (b) is repealed and the following substituted:

(a) is a Canadian citizen or a permanent resident,

(b) is ordinarily resident in British Columbia, and

(c) subject to section 5.1, occupies the apartment or housing unit as his or her principal residence.

24 Section 3 (6) is amended

(a) in paragraph (a) by adding "subject to section 5.1," before "the spouse", and

(b) in paragraph (b) by striking out "permanently resident" and substituting "a Canadian citizen or a permanent resident and ordinarily resident".

25 Section 4 (2) (a) and (b) is repealed and the following substituted:

(a) is a Canadian citizen or a permanent resident,

(b) is ordinarily resident in British Columbia, and

(c) subject to section 5.1, occupies that residence as his or her principal residence.

26 Section 4 (6) is amended

(a) in paragraph (a) by adding "subject to section 5.1," before "the spouse", and

(b) in paragraph (b) by striking out "permanently resident" and substituting "a Canadian citizen or a permanent resident and ordinarily resident".

27 Section 5 (2) (a) and (b) is repealed and the following substituted:

(a) is a Canadian citizen or a permanent resident,

(b) is ordinarily resident in British Columbia, and

(c) subject to section 5.1, occupies that residence as his or her principal residence.

28 Section 5 (6) is amended

(a) in paragraph (a) by adding "subject to section 5.1," before "the spouse", and

(b) in paragraph (b) by striking out "permanently resident" and substituting "a Canadian citizen or a permanent resident and ordinarily resident".

29 The following sections are added:

Extended absence from principal residence

5.1  (1) In this section, and in sections 5.2 to 5.4, "eligible person" means

(a) an owner of an eligible residence,

(b) a spouse or relative, as described in section 2 (6), of a deceased owner of an eligible residence,

(c) an eligible occupant of an eligible apartment or eligible housing unit,

(d) a spouse or relative, as described in section 3 (6), of a deceased eligible occupant of an eligible apartment or eligible housing unit,

(e) an eligible occupant of an eligible land cooperative residence,

(f) a spouse or relative, as described in section 4 (6), of a deceased eligible occupant of an eligible land cooperative residence,

(g) an eligible occupant of an eligible multi dwelling leased parcel residence, or

(h) a spouse or relative, as described in section 5 (6), of a deceased eligible occupant of an eligible multi dwelling leased parcel residence.

(2) For the purposes of sections 2 (1) (c), 2 (6) (b), 3 (2) (c), 3 (6) (a), 4 (2) (c), 4 (6) (a), 5 (2) (c) and 5 (6) (a), an eligible person must be considered to continue to occupy his or her principal residence if

(a) the principal residence has been destroyed or substantially damaged by fire or a flood or other natural disaster, and the eligible person ceases to occupy the principal residence while that residence is under reconstruction or repair, or

(b) the eligible person ceases to occupy the principal residence for an extended period for any other reason, unless the eligible person is absent for a period of incarceration.

(3) Subsection (2) applies only in the following tax years:

(a) for an eligible person described in subsection (1) (a) or (b) who has not applied for or received a grant under section 2 or a low-income grant supplement for the tax year in which the eligible person ceases to occupy the residence, in that tax year and in the subsequent tax year, if the period of the eligible person's absence from the residence continues on an uninterrupted basis into the subsequent tax year;

(b) for an eligible person described in subsection (1) (a) or (b) who has applied for or received a grant under section 2 or a low-income grant supplement for the tax year in which the eligible person ceases to occupy the residence, in each of the subsequent 2 tax years that the period of the eligible person's absence from the residence continues on an uninterrupted basis;

(c) for an eligible person described in subsection 1 (c) to (h) who has not qualified

(i) an apartment as an eligible apartment,

(ii) a housing unit as an eligible housing unit,

(iii) a residence on a land cooperative as an eligible land cooperative residence, or

(iv) a residence on a multi dwelling leased parcel as an eligible multi dwelling leased parcel residence, or

applied for and received a low-income grant supplement for the tax year in which the eligible person ceases to occupy the residence, in that tax year and in the subsequent tax year, if the period of the eligible person's absence from the residence continues on an uninterrupted basis into the subsequent tax year;

(d) for an eligible person described in subsection (1) (c) to (h) who has qualified

(i) an apartment as an eligible apartment,

(ii) a housing unit as an eligible housing unit,

(iii) a residence on a land cooperative as an eligible land cooperative residence, or

(iv) a residence on a multi dwelling leased parcel as an eligible multi dwelling leased parcel residence, or

applied for and received a low-income grant supplement for the tax year in which the eligible person ceases to occupy the residence, in each of the subsequent 2 tax years that the period of the eligible person's absence from the residence continues on an uninterrupted basis.

(4) This section applies only if the requirements set out in section 5.2 are met.

Additional requirements — extended absences

5.2  (1) The eligible person must have occupied the residence as his or her principal residence immediately before the eligible person ceased to occupy the residence.

(2) During the eligible person's absence, the residence must be

(a) vacant, in the case of an absence under section 5.1 (2) (a), or

(b) occupied by the spouse or relative of the eligible person, if, in the case of an absence under section 5.1 (2) (b) by an eligible person described in section 5.1 (1) (a), (c), (e) or (g), the spouse or relative of the eligible person occupied the residence as his or her principal residence at the time the eligible person ceased to occupy the residence.

(3) During the period of the eligible person's extended absence, in the case of

(a) an eligible residence, the residence must not be for sale,

(b) an apartment referred to in paragraph (a) of the definition of "eligible apartment", the share or shares and other securities in the corporation must not be for sale,

(c) a land cooperative, the share or shares and other securities in the corporation must not be for sale,

(d) a multi dwelling leased parcel, the residence on the parcel must not be for sale,

(e) a housing unit that is or is located in a housing cooperative building, the share in the association must not be for sale, or

(f) a housing unit that is or is located in a housing society building, the right to occupy the housing unit must not be for sale.

(4) For an absence under section 5.1 (2) (b),

(a) if the eligible person is a person described in section 5.1 (1) (a) or (b), the eligible person must, in the tax year immediately before the tax year in which the eligible person ceased to occupy the residence, have applied for and received, with respect to that residence, a grant under section 2 or a low-income grant supplement, or

(b) if the eligible person is a person described in section 5.1 (1) (c) to (h), the eligible person must, in the tax year immediately before the tax year in which the eligible person ceased to occupy the residence, with respect to that residence,

(i) have qualified

(A) an apartment as an eligible apartment,

(B) a housing unit as an eligible housing unit,

(C) a residence on a land cooperative as an eligible land cooperative residence, or

(D) a residence on a multi dwelling leased parcel as an eligible multi dwelling leased parcel residence, or

(ii) have applied for and received a low-income grant supplement.

(5) The eligible person must intend to occupy the residence as his or her principal residence at the end of the eligible person's extended absence.

Repayment — failure to resume occupancy of principal residence

5.3  If a person has received a grant or a low-income grant supplement as a result of the application of section 5.1 to an eligible person, and the eligible person, for reasons other than his or her death, fails to occupy the residence as his or her principal residence

(a) at the end of the eligible person's extended absence for reconstruction or repair of the residence, or

(b) in the tax year immediately following the last tax year in which the eligible person was entitled, under section 5.1, to receive a grant, a low-income grant supplement or a benefit under section 7 (1),

as the case may be, section 17 applies as if the grant or low-income grant supplement received were an amount the person was not entitled to receive.

Obligation to provide information to grant administrator

5.4  An eligible person must supply the grant administrator with any information or documentary evidence the grant administrator considers necessary in order for the grant administrator to determine whether section 5.1 applies to the eligible person in the tax year in respect of which an application for a grant under section 2 or a low-income grant supplement is made.

30 Section 6 is amended by adding the following subsections:

(5) If in a year an owner of an eligible residence has received a low-income grant supplement, the spouse of the owner is not entitled, during that year, to

(a) a grant under section 2, with respect to the eligible residence, unless the grant is affected by a reduction under section 2 (3),

(b) a grant under section 2, with respect to another eligible residence, or

(c) the benefit under section 7 (1) with respect to an eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence.

(6) If in a year an eligible occupant of an eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence has received a low-income grant supplement, the spouse of the eligible occupant is not entitled, during that year, to

(a) the benefit under section 7 (1), with respect to the eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence, unless the eligible occupant is affected by a reduction in the benefit under section 7 (3),

(b) the benefit under section 7 (1), with respect to another eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence, or

(c) a grant under section 2, with respect to an eligible residence.

(7) If in a year an owner of an eligible residence

(a) is affected by a grant reduction under section 2 (3), and

(b) has not applied for or received a low-income grant supplement,

the spouse of the owner may qualify during that year for a low-income grant supplement, with respect to the eligible residence, in an amount not to exceed the reduction in the grant.

(8) If in a year an eligible occupant of an eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence

(a) is affected by a reduction, under section 7 (3), in the benefit under section 7 (1), and

(b) has not applied for or received a low-income grant supplement,

the spouse of the eligible occupant may qualify during that year for a low-income grant supplement, with respect to the eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence, in an amount not to exceed the reduction in the benefit.

(9) If in a year an individual or the individual's spouse

(a) has received a grant under section 2 with respect to an eligible residence, or

(b) is entitled to the benefit under section 7 (1) with respect to an eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence,

the individual is not eligible for a low-income grant supplement with respect to another eligible residence, eligible apartment, eligible housing unit, eligible land cooperative residence or eligible multi dwelling leased parcel residence.

Hotel Room Tax Act

31 Section 2 (1) and (3) of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is amended by striking out "6.35%" and substituting "5%".

32 Section 3.1 is amended by striking out "1.65%" and substituting "3%".

Hydro and Power Authority Act

33 Section 21 (1) and (14) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended by striking out "and within the borrowing limitation set out in section 25".

34 Section 25 is repealed.

Income Tax Act

35 Section 1 (8) of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended by adding the following paragraphs:

(c.1) the definition of "return of income" in section 122.5 (1) of the federal Act as that definition applies for the purposes of section 8.1 of this Act;

(c.2) section 122.5 (6.2) as that section applies for the purposes of section 8.1 of this Act;

(d.2) the definition of "non-resident" in section 248 (1) of the federal Act as that definition applies for the purposes of section 122.5 (6.2) of the federal Act, as that section applies for the purposes of section 8.1 of this Act; .

36 Section 4.1 (1) is amended

(a) in paragraph (a) by striking out "5.35%" and substituting "5.24%", and

(b) in paragraph (b) (ii) by striking out "8.15%" and substituting "7.98%".

37 Section 4.1 (1) is amended

(a) by striking out "2008" and substituting "2009",

(b) in paragraph (a) by striking out "5.24%" and substituting "5.06%", and

(c) in paragraph (b) (ii) by striking out "7.98%" and substituting "7.7%".

38 Section 4.52 (1) is amended by adding the following paragraph:

(f) except in respect of the 2007 taxation year, the description of deduction in section 8.1 (3) [low income climate action tax credit].

39 Section 4.69 is amended

(a) in paragraph (a) by striking out "25.5%" and substituting "21%", and

(b) in paragraph (b) by striking out "38 2/3%" and substituting "35 4/9%".

40 The following section is added:

Low income climate action tax credit

8.1  (1) In this section, "eligible individual", in relation to a month specified for a taxation year, means an individual, other than a trust,

(a) who

(i) has, before the specified month, attained the age of 19 years, or

(ii) was, at any time before the specified month,

(A) a parent who resided with their child, or

(B) married or in a common-law partnership, and

(b) who was resident in British Columbia on the first day of the specified month and the preceding specified month.

(2) Section 122.5 of the federal Act, except the definition of "eligible individual" in subsection (1) and subsection (3), applies for the purposes of this section in relation to a month specified for the 2007 and subsequent taxation years.

(3) If, in relation to a month specified for a taxation year, an eligible individual files a return of income for the taxation year, the eligible individual is deemed to have paid during the specified month, on account of the eligible individual's tax payable under this Act for the taxation year, an amount equal to 25% of the amount, if any, determined by the following formula:

where

total credits = the total of the following:

(a) the prescribed amount;

(b) the prescribed amount, if the individual has a qualified relation in relation to the specified month;

(c) the prescribed amount, if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under section 118 (1) of the federal Act because of paragraph (b) of the description of "B" in that section in respect of a qualified dependant of the individual in relation to the specified month;

(d) the prescribed amount multiplied by the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month;

deduction = 2% of the amount, if any, by which the individual's adjusted income for the taxation year in relation to the specified month exceeds,

(a) if the individual has no qualified relation or qualified dependant in relation to the specified month, $30 000, or

(b) in any other case, $35 000.

(4) In applying section 122.5 (3.1) [when advance payment applies] of the federal Act for the purposes of this section, the references to an amount expressed in dollars in that section must be read as a reference to $10.

(5) Despite section 122.5 (5) of the federal Act, as it applies for the purposes of this Act, the individual who is the eligible individual, in relation to a specified month, under section 122.5 (5) of the federal Act, as it applies for the purposes of that Act, is the individual who is the eligible individual, in relation to that specified month, for the purposes of this section.

(6) Despite section 122.5 (6) of the federal Act, as it applies for the purposes of this Act, a person who is the qualified dependant of an individual, in relation to a specified month, under section 122.5 (6) of the federal Act, as it applies for the purposes of that Act, is the qualified dependant of that individual, in relation to that specified month, for the purposes of this section.

(7) In applying section 122.5 (6.1) of the federal Act for the purposes of this section, that section must be read as including the following paragraph:

(d) an individual becomes or ceases to be resident in British Columbia.

(8) Without limiting section 48 (1) and (2), the Lieutenant Governor in Council may make regulations prescribing amounts for the purposes of subsection (3) of this section.

41 The following sections are added:

Definitions for climate action dividend

13.01  In this section and sections 13.02 to 13.06:

"cohabiting spouse or common-law partner" has the same meaning as in section 122.6 of the federal Act;

"eligible individual", in respect of a qualified dependant, means a person who, on January 1, 2008,

(a) resides with the qualified dependant,

(b) is the parent of the qualified dependant who primarily fulfils the responsibility for the care and upbringing of the qualified dependant, and

(c) is not described in section 149 (1) (a) or (b) of the federal Act,

and for the purpose of this definition,

(d) if a qualified dependant resides with the dependant's female parent, the parent who primarily fulfils the responsibility for the care and upbringing of the qualified dependant is presumed to be the female parent,

(e) the presumption referred to in paragraph (d) does not apply in the circumstances prescribed for the purposes of paragraph (g) of the definition of "eligible individual" in section 122.6 of the federal Act, and

(f) the factors prescribed for the purposes of paragraph (h) of the definition of "eligible individual" in section 122.6 of the federal Act must be considered in determining what constitutes care and upbringing;

"individual" does not include a trust;

"qualified dependant" means a person who

(a) on December 31, 2007, has not attained the age of 18 years,

(b) is not a person in respect of whom an amount was deducted under paragraph (a) of the description of "B" in section 118 (1) of the federal Act in computing the tax payable by the person's spouse or common-law partner for the taxation year that includes December 31, 2007, and

(c) is not a person in respect of whom a special allowance under the Children's Special Allowances Act (Canada) is payable for December 2007,

but does not include a person who, on January 1, 2008, is an eligible individual in respect of another person who is a qualified dependant;

"refund of an overpayment" means a refund of an amount deemed under section 13.02 to be an overpayment.

Climate action dividend

13.02  (1) An individual is deemed to have made an overpayment on account of the individual's liability under this Act for the 2006 taxation year if

(a) on December 31, 2007, the individual

(i) is resident in British Columbia, or

(ii) is not resident in British Columbia but is in a prescribed class of individuals, and

(b) the individual

(i) is at least 18 years of age on December 31, 2007,

(ii) is less than 18 years of age on December 31, 2007 and is an eligible individual in respect of a qualified dependant, or

(iii) is in a prescribed class of individuals and meets the prescribed conditions on December 31, 2007.

(2) The amount that an individual is deemed to have overpaid under subsection (1) is

(a) in the case of an individual who is not an eligible individual in respect of a qualified dependant, $100, or

(b) in the case of an individual who is an eligible individual in respect of one or more qualified dependants, $100 plus $100 for each qualified dependant.

(3) Despite subsection (1), an individual is not deemed to have made an overpayment on account of the individual's liability under this Act for the 2006 taxation year if the individual is confined to a prison or similar institution for a period of at least 90 days that includes January 1, 2008.

Climate action dividend cannot
be attached or assigned

13.03  A refund of an overpayment

(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.

Climate action dividend — general

13.04  (1) Despite sections 34 and 40 (1.1), the following sections of the federal Act, as they apply for the purposes of this Act, do not apply to a refund of an overpayment:

(a) section 160.1 (1) (b) [interest if excess refunded];

(b) section 164 (2) [application of refund or repayment to other debts];

(c) section 164 (3) [interest on refunds].

(2) Despite section 40 (1), and section 164 (1) (b) of the federal Act as it applies for the purposes of this Act,

(a) if an overpayment on account of an individual's liability under this Act is deemed to have arisen under section 13.02 (1) (a) (i) and (b) (i) of this Act, the minister must, without application and with all due dispatch, refund the amount of the overpayment after the minister is provided with the information and records required by the regulations, and

(b) subject to subsection (3), if an overpayment on account of an individual's liability under this Act is deemed to have arisen under section 13.02 (1) of this Act, the Provincial minister must, with all due dispatch, refund the amount of the overpayment after

(i) an application is filed in the form, and containing the information, required by the Commissioner of Income Tax, and

(ii) the Commissioner of Income Tax is provided with the information and records required by the regulations.

(3) Subsection (2) (b) does not apply if the minister has refunded the amount of the overpayment to the individual under subsection (2) (a).

(4) Despite sections 41 and 42, no objection or appeal lies in respect of the determination of the entitlement of an individual to a refund of an overpayment.

(5) Without limiting any provision of this Act or the federal Act, for the purpose of determining the entitlement of an individual to a refund of an overpayment, the Commissioner of Income Tax has powers equivalent to the federal minister under sections 231, 231.1 and 233 (1) of the federal Act, and for that purpose those sections apply.

(6) If an individual receives a refund of an overpayment to which the individual is not entitled, the individual must repay the amount to

(a) the minister, if the minister refunded the amount under subsection (2) (a), and

(b) the Provincial minister, if the Provincial minister refunded the amount under subsection (2) (b).

Climate action dividend — no further
assessments, determinations or decisions

13.05  (1) Despite any other provision of this Act or the federal Act, as it applies for the purposes of this Act, an assessment, determination or decision may not be made on or after the prescribed date with respect to the entitlement of an individual to a refund of an amount deemed under section 13.02 to be an overpayment.

(2) The date prescribed for the purposes of subsection (1) may not be a date before August 1, 2010.

Climate action dividend regulations

13.06  (1) Without limiting section 48 (1) and (2), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing classes of individuals for the purposes of section 13.02 (1) (a) (ii);

(b) prescribing classes of individuals for the purposes of section 13.02 (1) (b) (iii);

(c) prescribing conditions for the purposes of section 13.02 (1) (b) (iii);

(d) prescribing Acts for the purposes of section 13.03 (b);

(e) respecting the information and records to be provided under section 13.04 (2) to the minister or Commissioner of Income Tax;

(f) prescribing a date for the purposes of section 13.05 (1).

(2) In making regulations under subsection (1) (c), the Lieutenant Governor in Council may make different regulations for any different classes of individuals prescribed for the purposes of section 13.02 (1) (b) (iii).

(3) In making regulations under subsection (1) (e), the Lieutenant Governor in Council may delegate a matter to or confer a discretion on the minister or Commissioner of Income Tax.

42 Sections 13.01 to 13.04, 13.06 (1) (a) to (e), (2) and (3) and 38 (1.01) are repealed.

43 Sections 14 (2) and (3.1) (a), 16 (1) (b) and (2) (b) and 25 (2) are amended by striking out "12%" and substituting "11%".

44 Section 14 is amended by adding the following subsections:

(5.1) In subsection (5.2), "deduction calculation change" means any amendment to this Act that effects a change to the percentage referred to in the formula in subsection (3.1) (a).

(5.2) If, during the taxation year of a corporation, there are one or more deduction calculation changes, the corporation must determine the amounts under subsection (3.1) for that taxation year as if the percentage referred to in the formula in subsection (3.1) (a) were the percentage determined in accordance with the following:

(a) the corporation must divide its taxation year into notional taxation years as follows:

(i) the first of those notional taxation years begins on the first day of the corporation's taxation year and ends on the day before the day on which the first deduction calculation change that occurs in its taxation year takes effect;

(ii) subject to subparagraph (iii), a notional taxation year will begin on each day in the corporation's taxation year on which a deduction calculation change takes effect and will end on the day before the day in its taxation year on which the next deduction calculation change takes effect;

(iii) the last notional taxation year begins on the day on which the last deduction calculation change that occurs in the corporation's taxation year takes effect and ends on the last day of its taxation year;

(b) the corporation must, for each notional taxation year within the corporation's taxation year,

(i) multiply the percentage referred to in the formula in subsection (3.1) (a), as that subsection read on the first day of that notional taxation year, by the fraction obtained by dividing the number of days in that notional taxation year by the number of days in the corporation's taxation year, and

(ii) round the result to the nearest one-thousandth of one percent or, if the result obtained is equidistant from 2 consecutive one-thousandths, to the higher one-thousandth;

(c) the corporation must add to the percentage determined under paragraph (b) for the first notional taxation year within the corporation's taxation year the percentage determined under paragraph (b) for each of the other notional taxation years within its taxation year;

(d) the total percentage determined under paragraph (c) is the percentage to be used in the formula in subsection (3.1) (a) in respect of the corporation's taxation year.

45 Section 16 (1) (a) and (b), (2) (a) and (b) and (4) is amended by striking out "4.5%" and substituting "3.5%".

46 Section 29 is amended

(a) in subsection (2) by adding the following subparagraph in paragraph (b):

(i.1) section 8.1 (3) [low income climate action tax credit]; , and

(b) in subsection (3) by adding the following clause in paragraph (d) (i):

(A.1) section 8.1 (3) [low income climate action tax credit]; .

47 Section 29 (2.1) is amended in clause (c) (i) (B) by striking out "Corporation Capital Tax Act" and substituting "Financial Institutions Minimum Tax Act".

48 Section 34 is amended by adding "(1.1), (2)," after "160.1 (1),".

49 Section 38 (1) is amended by striking out "(a), (c), (c.2) and (d) to (g)".

50 Section 38 is amended by adding the following subsection:

(1.01) In applying section 163 (2) of the federal Act for the purposes of this Act, that section must be read as including the following paragraph:

(h) the amount, if any, by which

(i) the amount that would be deemed under section 13.02 of this Act to be an overpayment on account of the person's liability under this Act for the 2006 taxation year if that amount were calculated by reference to the information provided in the application filed under section 13.04 (2) (b) (i) of this Act

exceeds

(ii) the amount that is deemed under section 13.02 of this Act to be an overpayment on account of the person's liability under this Act for the 2006 taxation year.

51 Section 42 (2) (a) is amended by adding the following subparagraph:

(ii.1) the amount that, under section 8.1 (3), the individual is deemed to have paid on account of the individual's tax payable under this Act for a taxation year, .

52 Section 79 (1) is amended by adding the following definition:

"distant location" means a prescribed area of British Columbia that is outside of the designated Vancouver area; .

53 Section 79 (1) is amended by repealing the definition of "BC-based individual" and substituting the following:

"BC-based individual" means,

(a) in relation to an eligible production for which principal photography begins before February 20, 2008, an individual who, by reason of being an individual described in section 2 (1) (a), is subject to tax under section 2 for the year preceding the year in which principal photography of the production begins, or

(b) in relation to an eligible production for which principal photography begins after February 19, 2008, an individual who was resident in British Columbia at the end of December 31 of the year preceding the end of the taxation year for which a tax credit is claimed under this Part in respect of the production; .

54 Section 80 (1) (a) (iii) and (5) (a) is amended by striking out "April 1, 2008" and substituting "April 1, 2013".

55 Section 80 is amended

(a) in subsection (3) by striking out "subsections (2) (a) and (4) (a)," and substituting "subsections (2) (a), (4) (a) and (6) (a),", and

(b) by adding the following subsections:

(6) In addition to the tax credits that may be claimed under subsections (2) and (4) but subject to subsection (7), the amount of the tax credit that may be claimed by a qualifying corporation under this section is,

(a) in the case of a production that is an interprovincial co-production, 5% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production multiplied by the percentage of the copyright in the production that is owned by the corporation, or

(b) in any other case, 5% of the corporation's qualified BC labour expenditure for the taxation year in respect of the production.

(7) For a qualifying corporation to claim a tax credit in the amount calculated under subsection (6) in respect of an eligible production, the following rules apply:

(a) in addition to the other requirements in subsection (1), principal photography of the production must begin before January 1, 2010;

(b) the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007";

(c) despite section 79 (2) (a), if the production is intended for television broadcast as a series and principal photography of a cycle of the series begins before January 1, 2010 and is completed after December 31, 2009,

(i) all the episodes of the cycle are to be considered a single production, if there are no more than 13 episodes in that cycle,

(ii) all the episodes of the cycle are to be considered a single production, if there are more than 13 episodes in that cycle and principal photography of each episode of that cycle begins before January 1, 2010, or

(iii) the greater of

(A) all the episodes of the cycle for which principal photography of those episodes begins before January 1, 2010, and

(B) the first 13 episodes of the cycle

are to be considered a single production, if there are more than 13 episodes in that cycle and principal photography of at least one episode of that cycle begins after December 31, 2009.

56 The following section is added:

Distant location regional tax credit

81.11  (1) A corporation is eligible for a distant location regional tax credit for a taxation year in respect of an eligible production if

(a) the corporation is eligible for, and has made or is making an application in accordance with section 85 for, a tax credit in relation to the production under sections 80 and 81.1,

(b) principal photography of the production begins after February 19, 2008,

(c) principal photography of the production, or, in the case of a production that is intended for television broadcast as a series and that comprises a cycle of at least 3 episodes, principal photography of 3 or more of those episodes, all of which are qualifying episodes referred to in section 81.1 (1) (c) (the "distant location qualifying episodes"), is done in a distant location for at least one day,

(d) the corporation has obtained a valid eligibility certificate issued to it under section 86 in respect of the production and the claimed tax credit, and

(e) the corporation makes application for the distant location regional tax credit in accordance with section 85.

(2) The amount of the tax credit that may be claimed by a qualifying corporation under this section is,

(a) subject to paragraph (b), 6% of the amount determined by the formula

where

(b) for a film or video production referred to in subsection (1) (c) that is intended for television broadcast as a series, 6% of the amount determined by the formula

where

(3) For the purpose of determining the amount of the tax credit under subsection (2), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007".

57 Section 82.1 (1) (a) (iii) and (6) (a) is amended by striking out "June 1, 2008" and substituting "June 1, 2013".

58 Section 82.1 is amended by adding the following subsections:

(7) In addition to the tax credits that may be claimed under subsections (2) and (5) but subject to subsection (8), the amount of the tax credit that may be claimed by an accredited production corporation under this section is 7% of the accredited qualified BC labour expenditure of the corporation for the taxation year in respect of the accredited production.

(8) For an accredited production corporation to claim a tax credit in the amount calculated under subsection (7) in respect of an accredited production, the following rules apply:

(a) in addition to the other requirements in subsection (1), principal photography of the production must begin before January 1, 2010;

(b) despite paragraph (a) in the definition of "accredited BC labour expenditure" in section 79 (1), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007".

59 The following section is added:

Distant location production services tax credit

82.21  (1) A corporation is eligible for a distant location production services tax credit for a taxation year in respect of an accredited production if

(a) the corporation is eligible for, and has made or is making an application in accordance with section 85 for, a tax credit in relation to the production under sections 82.1 and 82.2,

(b) principal photography of the production begins after February 19, 2008,

(c) principal photography of the production is done in a distant location for at least one day,

(d) the corporation has obtained an accreditation certificate issued under section 87.1 in respect of the production and the claimed tax credit, and

(e) the corporation makes application for the distant location production services tax credit in accordance with section 85.

(2) The amount of the tax credit that may be claimed by an accredited production corporation under this section is 6% of the amount determined by the formula

where

(3) For the purpose of determining the amount of the tax credit under subsection (2), the references to "March 31, 1998" in the definition of "BC labour expenditure" in section 79 (1) must be read as "December 31, 2007".

60 Section 96 (2) is amended by adding the following paragraph:

(e) prescribing as a distant location an area of British Columbia that is outside of the designated Vancouver area.

International Financial Activity Act

61 Section 1 of the International Financial Activity Act, S.B.C. 2004, c. 49, is amended

(a) by repealing the definition of "active business" and substituting the following:

"qualifying business" means a qualifying business as defined in the regulations; ,

(b) in the definition of "business" by adding "but does not include an adventure or concern in the nature of trade" after "federal Act", and

(c) by repealing the definition of "international financial business" and substituting the following:

"international financial business", in relation to a corporation, means a business

(a) that is a qualifying business carried on by the corporation through a fixed place of business in British Columbia, and

(b) all the activities of which are international financial activities; .

62 Section 1 is amended by adding the following definition:

"securities corporation" means

(a) a savings institution, or

(b) a corporation registered under the Securities Act as a dealer or underwriter; .

63 Section 2 (1) is amended by repealing the definition of "securities corporation".

64 Section 2 (2) is amended

(a) in paragraph (g) (ii) by striking out "securities corporation," and substituting "securities corporation and is not a specified investment business, as defined in section 248 (1) of the federal Act," and by striking out "securities for a prescribed purpose," and substituting "prescribed securities,", and

(b) by adding the following paragraph:

(r.1) providing, to a non-resident person, prescribed management services that are directly related to the business operations of the non-resident person; .

65 Sections 13 (1) (a) and (b) and 21 (d) are amended by striking out "(r)" and substituting "(r), (r.1)".

66 Section 19 (1) is amended by repealing the description of "IFB income" and substituting the following:

67 Section 19 (1.1) is amended by repealing the description of "IFB income" and substituting the following:

68 Section 65 (4) is amended by striking out "9 (1) (d) and 13 (1) (d)" and substituting "9 (1) (d), 13 (1) (d) and 19 (1) and (1.1)".

69 Section 74 is amended by striking out "Section 2 (1)" and substituting "Section 1".

Motor Fuel Tax Act

70 Section 1 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended

(a) by repealing the definitions of "family farm", "family farm truck", "family farm truck emblem" and "farmer" and substituting the following:

"farm" means land that is classified as a farm under the Assessment Act;

"farm truck" means a farm vehicle, as defined in the Commercial Transport Regulations, that is licensed as a farm vehicle under the Commercial Transport Act;

"farmer" means a person who operates a farm; ,

(b) by repealing the definition of "locomotive fuel" and substituting the following:

"locomotive fuel" means fuel, other than biodiesel fuel, for use in an internal combustion engine in any rolling stock or other vehicle when run on rails; ,

(c) in the definitions of "marine diesel fuel" and "motive fuel" by striking out "or biodiesel fuel" wherever it appears,

(d) in the definition of "motive fuel" by adding ", locomotive fuel" after "alternative motor fuel", and

(e) in the definition of "person with disabilities" by adding the following paragraph:

(f.1) has been certified by a medical practitioner as suffering from a permanent mental disability to the extent that it would be hazardous for the person to use public transportation, .

71 Section 5 (3) is amended by striking out "bona fide farmer under the Social Service Tax Act" and substituting "farmer".

72 Section 6 is amended by adding the following subsections:

(4) A person who uses locomotive fuel other than in any rolling stock or other vehicle when run on rails must pay to the government, on or before the 15th day of the month following the month in which the fuel is used, tax equal to the difference between

(a) the tax that the person would have paid on that fuel if the fuel had not been taxed as locomotive fuel, and

(b) the tax paid by the person on that fuel.

(5) The tax payable under subsection (4) is in addition to any tax payable under the other provisions of this section.

73 Section 12.1 (2) is amended by striking out "2.5¢ per litre" and substituting "3.5¢ per litre".

74 Section 15 (1) (j) is repealed and the following substituted:

(j) a farm truck being used by a farmer or other person in the operation of the farm; .

75 Section 22 (1) is amended by striking out "family farm truck" and substituting "farm truck".

76 Section 43 is amended by adding the following subsection:

(2.01) If it appears from an inspection, audit or examination or from information available to the director that fuel on which a person has paid tax under section 6 has been used other than in any rolling stock or other vehicle when run on rails, the director must

(a) determine the difference between the tax paid by the person on that fuel and the tax that the person would have paid on that fuel if the fuel had not been taxed as locomotive fuel, and

(b) assess the person for the difference determined under paragraph (a) of this subsection.

77 Section 71 (2) is amended

(a) by adding "and" at the end of paragraph (e) (ii) and by repealing paragraph (e) (iii), and

(b) in paragraph (f) by striking out ", family farm truck emblems".

Park Act

78 Section 27 of the Park Act, R.S.B.C. 1996, c. 344, is amended

(a) in subsection (1) by striking out "for park or conservancy purposes." and substituting "for purposes of parks, conservancies, recreation areas, ecological reserves or areas protected under the Environment and Land Use Act and administered by the minister.", and

(b) by adding the following subsection:

(3) Subject to the terms of a gift or bequest under subsection (1), the minister may dispose of property, other than land, accepted under that subsection.

79 Section 29 (3) (g) is amended by striking out "or other improvement, and" at the end of subparagraph (i) and substituting "or other improvement;" and by repealing subparagraph (ii).

80 Section 29 (3) is amended by repealing paragraphs (g) to (i) and substituting the following:

(h) providing for the collection of the fees established by regulation under paragraph (f) or the fees, rates or charges established by regulation or directive under section 29.2; .

81 The following section is added:

Selling merchandise and advertising space

29.1  (1) The minister may

(a) sell or otherwise dispose of to the public, or authorize a person or organization to sell or otherwise dispose of to the public, maps, informational material, services or promotional or educational products, related to parks, conservancies, recreation areas, ecological reserves or areas protected under the Environment and Land Use Act and administered by the minister,

(b) sell products referred to in paragraph (a) to a person for resale or other disposition,

(c) sell or otherwise dispose of advertising space in those products, and

(d) establish the prices at which those products and services, and that advertising space, may be sold or otherwise disposed of.

(2) The minister may establish different prices for different classes of services or products, including advertising space, for different types of dispositions or for disposition to different classes of persons.

82 The following section is added:

Fees and charges for uses and services

29.2  (1) With the prior approval of the Treasury Board, the minister may make regulations prescribing a fee, rate or charge, or a range of fees, rates or charges, payable to the government or to another person for

(a) the use of a park, conservancy or recreation area,

(b) the use of a natural resource or facility, including without limitation any land, campsite, road, parking facility, structure, work, installation or other improvement, in a park, conservancy or recreation area, or

(c) a service provided by the government or another person in a park, conservancy or recreation area,

other than for a use that under this Act must be authorized by a park use permit or resource use permit.

(2) If the minister prescribes a range under subsection (1), the minister may establish by directive a fee, rate or charge for a use or service within the range prescribed for the use or service under subsection (1).

(3) Regulations under subsection (1) and fees, rates and charges established under subsection (2) may be different

(a) for different uses and services or classes of uses and services,

(b) for different parks, conservancies and recreation areas, parts of parks, conservancies and recreation areas or classes of parks, conservancies and recreation areas, and

(c) for different classes of persons.

(4) Regulations under subsection (1) may

(a) exempt different classes of persons from paying all or a portion of a fee, rate or charge, or a fee, rate or charge within a range, prescribed under that subsection, and

(b) for the purposes of exemptions under paragraph (a), grant a discretion to a park officer.

(5) The minister must make available to the public a schedule of fees prescribed or established under this section

(a) annually, and

(b) whenever a particular fee, rate or charge is changed.

Ports Property Tax Act

83 Section 3 (2) of the Ports Property Tax Act, S.B.C. 2004, c. 7, is amended by striking out "2008 taxation years" and substituting "2018 taxation years".

84 Section 4 (2) is amended by striking out "2009 taxation years" and substituting "2019 taxation years".

85 Section 5 (1) is amended by adding "with respect to the 2004 through 2008 taxation years" after "under that section".

86 The following section is added before the heading "Transitional Provisions":

Compensation to local governments
for 2009 to 2018 taxation years

5.1  (1) In this section, "consumer price index" or "CPI" means, for any 12-month period, the result arrived at by

(a) aggregating the Consumer Price Index for British Columbia, as published by Statistics Canada under the authority of the Statistics Act (Canada), adjusted in the manner that may be prescribed, for each month in that period,

(b) dividing the aggregate obtained under paragraph (a) by 12, and

(c) rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from 2 consecutive one-thousandths, to the higher one-thousandth.

(2) If property in a municipality listed in paragraph (a) is designated for the purposes of section 3, then, for the purpose of compensating the municipality in relation to the municipal tax rate restriction under that section,

(a) with respect to the 2009 taxation year, the minister must pay out of the consolidated revenue fund to that municipality, in accordance with subsection (4), the amount indicated opposite the name of the municipality multiplied by (1 + inflation adjustment) and, rounded to the nearest dollar or, if equidistant from 2 dollar amounts, to the higher nearest dollar:

where

and

(b) with respect to the 2010 to 2018 taxation years, the minister must pay out of the consolidated revenue fund to that municipality, in accordance with subsection (4), an annual payment for each taxation year determined by the following formula:

where

(3) If the inflation adjustment calculated under subsection (2) (a) or (b) is less than zero, the inflation adjustment is deemed to be equal to zero.

(4) A payment under subsection (2) is to be made in each taxation year for which the property is designated, ending not later than the 2018 taxation year.

87 The following section is added before the heading "Transitional Provisions":

Revitalization tax exemptions

5.2  If a revitalization tax exemption under section 226 of the Community Charter or section 396E of the Vancouver Charter applies to a designated eligible port property,

(a) sections 3 and 4 of this Act do not apply to that property, and

(b) for greater certainty, section 5.1 of this Act continues to apply to that property.

Property Transfer Tax Act

88 Section 4 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended

(a) by repealing the definitions of "critical illness or injury insurance", "eligible indebtedness" and "eligible security", and

(b) in the definition of "qualifying value" by striking out "$375 000" and substituting "$425 000".

89 Section 4.1 (b) is repealed and the following substituted:

(b) the principal amount secured by the first ranking of the mortgages that

(i) secure financing applied to a transfer effected by an eligible transaction, and

(ii) are between the transferee and Habitat for Humanity.

90 Section 5 is amended

(a) in subsection (1) by adding "and" at the end of paragraph (a), by striking out ", and" at the end of paragraph (b) and by repealing paragraph (c), and

(b) by repealing subsection (2) (b) and substituting the following:

(b) disclose that the property is a qualifying property, and .

91 Section 8 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A transferee who has applied for an exemption under section 5 or 6 or a refund under section 7 must establish a qualifying residence on the property within the meaning of subsection (2) of this section. , and

(b) by repealing subsections (3) and (4).

92 Section 9 is amended

(a) in subsection (1) (a) by striking out "or (c)",

(b) by repealing subsection (1.1) and substituting the following:

(1.1) If a transferee does not meet the obligations under section 8 only because the transferee, before the first anniversary of the registration date, fails to establish a qualifying residence as required under section 8 (2) (a) (ii) or (2) (b) (i) (B) as applicable, the transferee is liable under subsection (2.1) of this section from the date of the failure to establish a qualifying residence. , and

(c) by repealing subsection (4).

93 Section 10 is repealed and the following substituted:

Exemption retained

10  Section 9 (1) to (2.1) does not apply to a transferee who has obtained an exemption under section 5 or 6 or a refund under section 7 if the transferee does not comply with section 8 (2) (a) or (b) only because

(a) the transferee dies before the first anniversary date of the registration date, or

(b) the property is transferred by the transferee pursuant to a written separation agreement or a court order under the Family Relations Act.

94 Section 11 (4) is repealed and the following substituted:

(4) A lien created on the property under subsection (2) or renewed under subsection (3) (b) has priority over all other claims of every person except any claims secured by liens, charges or encumbrances registered against the property before the date on which the lien form referred to in subsection (1) was registered to create the lien.

Social Service Tax Act

95 Section 1 of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended

(a) in the definition of "purchase price" by adding the following paragraph:

(g) in relation to fuel oil that is blended with biodiesel fuel, means the amount calculated in accordance with the following formula:

where

(b) by adding the following definition:

"registered charity" has the same meaning as in section 248 (1) of the Income Tax Act (Canada); ,

(c) in the definition of "sale" by striking out everything after paragraph (c) and substituting the following:

but does not include

(d) the provision of tangible personal property that, in accordance with the regulations, is merely incidental to a contract for the provision of services that are not subject to tax under this Act, and

(e) except in prescribed circumstances, the provision by a registered charity, or a person acting on behalf of a registered charity, of tangible personal property of nominal value as a gift in return for a donation, all of which is provided to the registered charity; , and

(d) in the definition of "use" by striking out "and" at the end of paragraph (e), by adding "and" at the end of paragraph (e.1) and by adding the following paragraph:

(e.2) the provision by a registered charity of tangible personal property of nominal value as a gift in return for a donation, .

96 Section 1 is amended in the definition of "purchase price" by adding the following paragraph:

(h) for the purposes of section 68.2 (3) in relation to a contract for the supply and installation of improvements to real property, the greater of the following:

(i) the amount paid by the contractor for the tangible personal property referred to in section 68.2 (1) that would have been the purchase price under paragraph (a) of this definition had section 68.2 (2) not applied in relation to that contract;

(ii) that part of the total consideration accepted by the contractor under the contract that is expressly attributed to the value of the tangible personal property referred to in section 68.2 (1); .

97 Section 4.1 is amended by adding the following subsection:

(3) For the purposes of paragraph (e) of the definition of "sale" and paragraph (e.2) of the definition of "use", the commissioner may determine whether tangible personal property or a type of tangible personal property has a nominal value.

98 Section 11 is amended

(a) in subsection (4) by striking out "(4.1) and (5)" and substituting "(4.1), (5) and (7)", and

(b) by adding the following subsections:

(6) Subsection (7) applies to a motor vehicle

(a) acquired outside British Columbia but in Canada, and

(b) brought or sent into British Columbia or the delivery of which is received in British Columbia.

(7) Subject to subsection (8), if a motor vehicle, on which the person referred to in subsection (3) has previously paid the tax under this Act, is accepted at the time of sale of a motor vehicle to which this section applies by the seller on account of the price of the motor vehicle sold, the person referred to in subsection (3) must pay tax at the rate of

(a) 7% of the difference between the purchase price of the motor vehicle sold and the credit allowed for the motor vehicle accepted on account of the purchase price in trade, or

(b) if the motor vehicle sold is a passenger vehicle, at the applicable rate as follows:

(i) 7% of the difference referred to in paragraph (a), if the purchase price of the passenger vehicle is less than $55 000;

(ii) 8% of the difference referred to in paragraph (a), if the purchase price of the passenger vehicle is $55 000 or more but less than $56 000;

(iii) 9% of the difference referred to in paragraph (a), if the purchase price of the passenger vehicle is $56 000 or more but less than $57 000;

(iv) 10% of the difference referred to in paragraph (a), if the purchase price of the passenger vehicle is $57 000 or more.

(8) Subsections (6) and (7) do not apply to a motor vehicle to which section 12 applies or to a multijurisdictional vehicle.

99 Section 26 (2) is repealed and the following substituted:

(2) Subsection (1) does not apply if the passenger vehicle that is the subject matter of the lease is leased to the lessee for a period of

(a) 8 consecutive hours or less, or

(b) more than 28 consecutive days.

100 Section 54 (2) is amended by repealing the description of "total distance" and substituting the following:

101 The following Division is added to Part 2:

Division 11 — Improvements to Real Property

Tax on contracts for improvements to real property

68.2  (1) Subject to subsection (2), a contractor who, for the purposes of fulfilling a contract for the supply and installation of improvements to real property,

(a) either

(i) acquires tangible personal property at a sale in British Columbia, or

(ii) brings or sends into British Columbia, or receives delivery of in British Columbia, tangible personal property, and

(b) under the terms of the contract, uses the tangible personal property so that it ceases to be tangible personal property and becomes part of the real property

must pay to the government a tax at the rate of 7% of the purchase price of the tangible personal property.

(2) A contractor referred to in subsection (1) is not liable for the tax imposed under that subsection if there is

(a) an agreement between the contractor and the person with whom the contractor has entered into the contract that

(i) specifically states that the person is liable for the tax, and

(ii) sets out the value of the tangible personal property referred to in subsection (1) on which the tax will be applied, and

(b) written evidence of the agreement referred to in paragraph (a).

(3) If subsection (2) applies, the person referred to in subsection (2) must pay to the government a tax at the rate of 7% of the purchase price of the tangible personal property referred to in subsection (1).

(4) The tax payable under this section must be paid at the time the tangible personal property is appropriated for the contract referred to in subsection (1).

(5) If tax is paid under this section in respect of tangible personal property, then no tax is payable in respect of that property under section 5 or 11.

Exemption

68.3  A contractor referred to in section 68.2 (1) is exempt from tax imposed by that section if the person with whom the contractor has entered into the contract

(a) would be eligible for an exemption under this Act or section 87 of the Indian Act (Canada) on that tangible personal property if the person were to purchase it, and

(b) provides the contractor with a signed certification, in a form satisfactory to the commissioner, certifying the matter referred to in paragraph (a).

Application of other provisions of Act

68.4  For the purposes of applying the other provisions of this Act in relation to a tax imposed by this Division,

(a) if section 68.2 (2) applies to a contract referred to in that section, entering into the contract is deemed to be a retail sale, by the contractor to the person referred to in section 68.2 (2), of the tangible personal property referred to in section 68.2 (1), and

(b) if section 68.2 (2) does not apply to a contract referred to in that section, the acquisition of tangible personal property referred to in section 68.2 (1) is deemed to be a retail sale by the seller of that property to the contractor.

102 Section 71 (f) is repealed and the following substituted:

(f) dental and optical appliances, when

(i) sold on the prescription of a dentist, an optometrist or a physician, or

(ii) provided as part of a promotional distribution to a dentist, an optometrist, an optician or a physician, if the dental or optical appliances are otherwise available to patients only by prescription; .

103 Section 74 is amended

(a) by adding the following paragraph:

(a.1) biodiesel fuel; , and

(b) in paragraph (d) by adding "when purchased for use in a residential dwelling unit" at the end of the paragraph.

104 Section 75 is amended

(a) in subsection (1) by adding the following paragraphs:

(a.1) non-motorized 3-wheel tricycles each wheel of which has a diameter of 350 mm or more;

(a.2) electric power-assisted 2-wheel bicycles and 3-wheel tricycles

(i) that are equipped with pedals or hand cranks for propelling the cycle by muscular power,

(ii) that are equipped with a motor with a continuous power output rating of not more than 500 watts, capable of propelling the cycle no faster than 32 km/h on level ground without pedaling,

(iii) that are equipped with a mechanism that prevents the motor from turning on or engaging until the cycle reaches a speed of 3 km/h,

(iv) that are equipped with wheels that each have a diameter of 350 mm or more, and

(v) that are not equipped with a combustion engine;

(a.3) kits for converting non-motorized 2-wheel bicycles or 3-wheel tricycles into cycles described in paragraph (a.2); , and

(b) by adding the following subsections:

(3) Tax payable under sections 5 to 25 and 112.3 by a purchaser, user or lessee of a motor vehicle that qualifies under the regulations as a fuel-efficient vehicle is reduced by the amount set out in the regulations.

(4) Subsection (1) (a.2) and (a.3) is repealed on April 1, 2011.

105 Section 76 is amended

(a) by repealing subsection (1) (a),

(b) by repealing subsection (1) (b) and substituting the following:

(b) subject to subsection (2) and the regulations, a chemical substance, catalyst or direct agent used to produce or modify a reaction that is essential for the processing or manufacture of a product for sale or lease; , and

(c) by repealing subsections (1) (b.1) and (5).

106 Section 88.2 (1) is amended by repealing the definition of "registered charity".

107 Section 88.2 (1) is amended by repealing the definition of "charity funds" and substituting the following:

"charity funds" means the funds of an eligible charity other than funds provided directly or indirectly by

(a) a health authority, a health facility or a local authority,

(b) the government of British Columbia, except grants under a certificate of affiliation under section 41 of the Gaming Control Act,

(c) the government of Canada, or

(d) a prescribed person; .

108 The following section is added to Part 4:

Fuel-efficient vehicles

90.4  (1) In this section, "fuel-efficient vehicle" has the meaning prescribed in the regulations.

(2) On application by a person who purchases or leases a vehicle that

(a) on the date of purchase or lease does not qualify for a reduction under section 75 (3) as a fuel-efficient vehicle, and

(b) would have qualified for a reduction referred to in paragraph (a) had the vehicle been purchased or leased within 6 months after the date of purchase or lease,

the commissioner must refund to the person out of the consolidated revenue fund an amount equal to the amount the person would have received as a tax reduction under section 75 (3) had the vehicle qualified for the reduction on the date of purchase or lease, provided that the person satisfies the commissioner that the vehicle qualifies under this section.

109 Section 130 is amended by adding the following paragraphs:

(k) prescribing fuel-efficient vehicles for the purposes of section 75 (3);

(l) prescribing tax reductions under section 75 (3), including different reductions for different classes of fuel-efficient vehicles.

110 Section 138 (1) is amended

(a) by adding the following paragraphs:

(c.11) prescribing circumstances for the purposes of paragraph (e) of the definition of "sale" in section 1;

(g.2) prescribing

(i) work related safety equipment and apparel for the purposes of section 71 (k),

(ii) circumstances when prescribed work related safety equipment and apparel is exempt under that section,

(iii) requirements for claiming the exemption and for substantiating non-collection of tax on the sale of exempt equipment, and

(iv) circumstances when section 9 does not apply to persons who have acquired equipment and apparel prescribed under subparagraph (i);

(p.1) respecting the exemption for chemical substances, catalysts and direct agents under section 76 (1) (b), including regulations identifying chemical substances that qualify or do not qualify for the exemption; , and

(b) in paragraph (s) by striking out ", and the imposition of penalties for the failure to comply with the agreement" and substituting "the requirements for claiming a benefit under an agreement, and the imposition of penalties or the cancellation of the agreement for the failure to comply with the agreement, this Act or the regulations".

South Coast British Columbia Transportation Authority Act

111 Section 34 (3) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is repealed and the following substituted:

(3) Despite subsections (1) and (2), for the purpose of the construction, acquisition or operation of

(a) the Rapid Transit Project,

(b) another rail transportation system,

(c) a designated project,

(d) a busway, or

(e) a major crossing,

the Lieutenant Governor in Council may, by order, establish exemptions in respect of land or improvements, or both, or in respect of a portion of land or improvements, or both, from taxation under any or all of the Acts referred to in subsection (3.4).

(3.1) A tax exemption under subsection (3) may be made with respect to

(a) land, improvements or portions of land or improvements described in the order under that subsection, or

(b) land, improvements or portions of land or improvements that are within a category described in the order.

(3.2) Subject to subsection (3.3), a tax exemption under subsection (3) applies to the extent, for the period and subject to the terms and conditions specified by the Lieutenant Governor in Council.

(3.3) A tax exemption under subsection (3) applies only to the extent that the land or improvement or portion of land or improvement is held, used or occupied for the purpose set out in that subsection.

(3.4) A tax exemption under subsection (3) may be provided for the following:

(a) this Act;

(b) the Assessment Authority Act;

(c) the Community Charter;

(d) the Hospital District Act;

(e) the Local Government Act;

(f) the Municipal Finance Authority Act;

(g) the Police Act;

(h) the School Act;

(i) the Vancouver Charter.

South Moresby Implementation Account Act

112 The South Moresby Implementation Account Act, R.S.B.C. 1996, c. 435, is repealed.

Special Accounts Appropriation and Control Act

113 Section 9 of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is repealed and the following substituted:

BC Arts and Culture Endowment

9  (1) In this section:

"Arts Council" means the British Columbia Arts Council continued under the Arts Council Act;

"works of art" includes visual, media, literary and performing arts.

(2) The BC Arts and Culture Endowment special account is established consisting of the Arts Legacy Fund Sub-account continued under subsection (3) and the BC150 Cultural Fund Sub-account established under subsection (4).

(3) The Olympic Arts Fund special account is continued as the Arts Legacy Fund Sub-account consisting of the following:

(a) the $20 million in the Olympic Arts Fund special account on the day before this subsection comes into force, excluding amounts attributed as interest;

(b) interest attributed to the Olympic Arts Fund special account and not paid out before this subsection comes into force;

(c) interest calculated on and attributable to the balance in the Arts Legacy Fund Sub-account.

(4) The BC150 Cultural Fund Sub-account is established consisting of the following:

(a) $150 million that the minister transfers from a vote, as defined in the Financial Administration Act;

(b) all earnings of the sub-account, net of any associated investment fees and expenses.

(5) Despite section 21 (3) of the Financial Administration Act, the minister may pay out of the BC Arts and Culture Endowment special account as follows:

(a) from the Arts Legacy Fund Sub-account, amounts referred to in subsection (3) (b) and (c) of this section to support the creation, development or presentation of works of art at events or venues the minister considers will provide significant exposure of those works of art;

(b) from the BC150 Cultural Fund Sub-account, amounts referred to in subsection (4) (b) of this section on the recommendation and for the purposes of the Arts Council.

114 The following section is added:

Park Enhancement Fund

9.6  (1) In this section:

"conservancy" has the same meaning as in the Park Act;

"park" has the same meaning as in the Park Act;

"protected area" means

(a) a park, recreation area or conservancy,

(b) an area protected under the Environment and Land Use Act, the establishing order for which provides that

(i) the area is to be administered by the minister, and

(ii) section 15 of the Park Act applies in the area, or

(c) an ecological reserve established under the Ecological Reserve Act or the Protected Areas of British Columbia Act;

"protected area stumpage" means stumpage payable to the government under the Forest Act for

(a) timber described in section 15 of the Park Act, or

(b) timber from a protected area described in paragraph (b) of the definition of "protected area";

"recreation area" has the same meaning as in the Park Act.

(2) A special account, to be known as the Park Enhancement Fund special account, is established.

(3) The special account consists of the following amounts:

(a) an initial balance of $100 000;

(b) money received by the minister from the sale or other disposition under section 29.1 (1) (a) or (b) of the Park Act of maps, informational material, services or promotional or educational products;

(c) money received by the minister from the sale or other disposition under section 29.1 (1) (c) of the Park Act of advertising space;

(d) subject to subsection (5) of this section, money accepted by the minister under section 27 of the Park Act or money from the disposition of gifts or bequests, other than land, accepted by the minister under that section;

(e) money received by the minister under agreements authorized under subsection (6) of this section;

(f) protected area stumpage;

(g) interest calculated on and attributable to the balance in the special account.

(4) Despite section 21 (3) of the Financial Administration Act, the minister may pay amounts out of the special account for any of the following in respect of protected areas:

(a) informational, educational and interpretive programs delivered within or outside protected areas;

(b) natural and cultural resource assessment, research and restoration;

(c) construction, repair and maintenance supporting conservation or recreational, cultural or heritage values of protected areas;

(d) volunteer program support;

(e) regional multi-jurisdictional planning or planning projects related to conservation or recreational management of protected areas;

(f) development, production or acquisition of maps, informational material, services or promotional or educational products referred to in section 29.1 of the Park Act;

(g) payments required to be made by the minister under agreements authorized under subsection (6) of this section.

(5) Subsection (3) (d) does not apply to a gift or bequest, or proceeds from the disposition of a gift or bequest,

(a) that cannot be paid out under subsection (4) consistently with the terms of the gift or bequest,

(b) that is accepted by the minister subject to a trust, or

(c) except with the prior approval of the chair of the Treasury Board, that is from a corporation or organization within the government reporting entity as defined in the Budget Transparency and Accountability Act.

(6) Without limiting section 4.1 of the Park Act, the minister may enter into agreements with any person to raise money for the special account

(a) if the subject matter or purpose of the agreement is a matter or purpose referred to in subsection (4) (a) to (f), or

(b) authorizing the transfer or use of a copyright or other intellectual property owned by or licensed to the government in

(i) images or audio records of protected areas, or

(ii) property developed or acquired by the government for promotional, informational or educational purposes in respect of protected areas.

Taxation (Rural Area) Act

115 Section 15 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended

(a) in subsection (1) by adding the following paragraph:

(y) land or improvements or both that are

(i) owned by or held in trust for a registered charity, or

(ii) occupied by a registered charity,

and

(iii) used primarily as a recreational camp. , and

(b) in subsection (5) by adding the following definitions:

"recreational camp" means a camp that provides one or more of the following:

(a) recreational experiences;

(b) educational experiences;

(c) rehabilitative or therapeutic experiences for persons with disabilities or chronic or life-threatening illness;

(d) religious instruction;

(e) leadership training;

"registered charity" has the same meaning as in section 248 (1) of the Income Tax Act (Canada).

Taxation Statutes Amendment Act, 2004

116 Section 26 (a) of the Taxation Statutes Amendment Act, 2004, S.B.C. 2004, c. 28, as it amends section 22 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is repealed.

Transportation Act

117 Section 87 of the Transportation Act, S.B.C. 2004, c. 44, is amended

(a) in subsection (2) (d) by adding ", and providing for the repayment of any surplus, as defined in the regulation, remaining from those tolls or charges when the system is concluded" after "section 36", and

(b) by adding the following subsection:

(2.1) A regulation under subsection (2) (d) may provide for repayment of a surplus from tolls or charges with respect to a period commencing on or after December 1, 2003.

Transitional Provisions and Validation

Transition — British Columbia Railway Act

118  An order in council and a grant under section 6 (3) of the British Columbia Railway Act, as amended by this Act, may be made with respect to the 2007 and subsequent taxation years.

Transition — Financial Administration Act

119  A regulation under section 27 (1) (d) of the Financial Administration Act, as amended by this Act, may be made retroactive to a date not earlier than July 1, 2007.

Transition — Social Service Tax Act

120  Division 11 of Part 2 of the Social Service Tax Act does not apply with respect to a contract, referred to in that Division, entered into before October 1, 2008.

Transition — Social Service Tax Act

121  (1) Section 26 of the Social Service Tax Act, as it read immediately before being amended by this Act, does not apply to a lease entered into before April 1, 2008, between a lessor that is a car-sharing organization and a lessee who is a member of the organization if

(a) the member pays a refundable share-purchase fee or annual membership fee in order to become a member and retain membership,

(b) the organization does not lease its passenger vehicles to persons other than members described in paragraph (a), and

(c) the organization stores its vehicles for leasing at un-staffed, self-service locations where persons referred to in paragraph (a) have access to the vehicles at all times.

(2) Section 26 of the Social Service Tax Act, as it read immediately before being amended by this Act, does not apply to a lease entered into before April 1, 2008, between a lessor that is an automotive service facility and a person if

(a) the person enters into an agreement to receive services to a motor vehicle from the automotive service facility, and

(b) the passenger vehicle is leased only to provide transportation while the services described in paragraph (a) are being performed.

(3) Subsections (1) and (2) do not apply with respect to leases where the lease period extends beyond April 28, 2008.

(4) Section 90.4 of the Social Service Tax Act does not apply with respect to a purchase or lease referred to in that section if

(a) the purchase or lease was made or entered into before February 20, 2008, and

(b) the fuel-efficient vehicle referred to in that section is delivered to the purchaser or lessee before February 20, 2008.

(5) Regulations made under section 130 (k) or (l) or 138 (1) (c.11) or (p.1) of the Social Service Tax Act before July 1, 2008 may be made retroactive to a date on or after February 20, 2008, and if made retroactive are deemed to have come into force on the specified date.

(6) Regulations made under section 138 (1) (g.2) or (s) of the Social Service Tax Act before July 1, 2008 may be made retroactive to a date on or after February 20, 2008, and if made retroactive are deemed to have come into force on the specified date.

(7) Subject to subsections (8) and (9), if, after February 19, 2008, a purchaser takes delivery of coal or coke for use other than in a residential dwelling unit and pays to the government tax on the coal or coke under the Social Service Tax Act as it reads after the enactment of section 103 (a) of this Act, the commissioner, on application and on receipt of evidence satisfactory to the commissioner, must pay to the purchaser, out of the consolidated revenue fund, a refund of tax paid if the delivery is taken under a fixed-price contract made by the purchaser with the seller before February 20, 2008, in respect of a quantity of coal or coke that does not exceed the quantity specified in the contract.

(8) No refund is to be paid under subsection (7) if the purchaser is entitled, under the fixed-price contract, to recover the tax on coal or coke under the Social Service Tax Act as it reads after the enactment of section 103 (a) of this Act.

(9) No refund is to be paid under subsection (7) in respect of taxes paid after February 19, 2009.

(10) Section 80 (1) of the Social Service Tax Act applies to a refund under subsection (7).

Transition — Special Accounts Appropriation and Control Act

121.1  The transfer referred to in section 9 (4) (a) of the Special Accounts Appropriation and Control Act, as enacted by this Act, is deemed to have been made from Vote 41 (S) of Supplementary Estimates, 2007-2008 on March 31, 2008.

Transition — Taxation (Rural Area) Act

122  Land or improvements or both that are, in the 2008 tax year

(a) owned by or held in trust for or occupied by a non-profit organization and used primarily as a recreational camp, and

(b) exempt from taxation under the Taxation (Rural Area) Act,

are exempt from taxation under the Taxation (Rural Area) Act for each of the 2009 and 2010 tax years in which the land or improvements or both continue to be owned by or held in trust for or occupied by the non-profit organization and used primarily as a recreational camp.

Transition — Transportation Act

123  A regulation under section 87 (2) (d) of the Transportation Act, as amended by this Act, may be made retroactive to March 31, 2008.

Validation

124  Order in Council 418/05, approved and ordered March 30, 2005, is valid to the extent it would have been valid if section 111 of this Act had been in force when it was made.

Commencement

125  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Schedule

(Sections 15 and 16)