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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Assessment Act
 
Legislature :
55
Session :
2
Bill No. :
14
Member :
Hon. Volpé
First Reading :
2004-12-9
Second Reading :
2004-12-10
Committee of the Whole :
2004-12-17
Amended :
Third Reading :
2004-12-17
Royal Assent :
2004-12-17
Download PDF :
  Bill 14         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           The Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by adding after section 4 the following:



4.1(1)             The following definitions apply in this section.



"exemption" means an exemption from the calculation or levy of provincial taxes or rates. (exonération)



"low rental housing accommodation" means low rental housing accommodation provided to low-income individuals and families. (logement à loyer modique)



"Minister" means the Minister of Family and Community Services and includes any person designated by the Minister to act on the Minister's behalf for the purposes of this section. (ministre)



4.1(2)             Notwithstanding subsection 3(1), and notwithstanding subsection 5(1) of the Real Property Tax Act, but subject to subsection (23) and the approval of the Director, provincial taxes or rates shall not be calculated or levied on real property, or that portion of real property, that is assessed in the name of a not-for-profit housing organization and used for low rental housing accommodation.



4.1(3)             Notwithstanding subsection 3(1), and notwithstanding subsection 5(1) of the Real Property Tax Act, if the portion of real property for which an exemption has already been approved under subsection (2) is increased or reduced and if the portion so increased or reduced is used for low rental housing accommodation and is still assessed in the name of the same not-for-profit housing organization, then, subject to subsection (23) and the approval of the Director, provincial taxes or rates shall not be calculated or levied on the portion of real property so used.



4.1(4)             Notwithstanding subsection 3(1), and notwithstanding subsection 5(1) of the Real Property Tax Act, if, on January 1 of the year before the year for which an exemption was approved under subsection (2) or (3), there was new construction on the portion of real property for which the exemption was approved and if the portion of real property was assessed on that January 1 in the name of the same not-for-profit housing organization, then, subject to subsection (23) and the approval of the Director, provincial taxes or rates shall not be calculated or levied on the new construction for the year before the year for which the exemption was approved under subsection (2) or (3).



4.1(5)             Subsection (4) does not apply to new construction on January 1, 2004.



4.1(6)             A not-for-profit housing organization may apply to the Minister, on a form provided by the Minister,



(a)               for the purposes of subsection (2) or (3), to determine if it meets the criteria prescribed by regulation and if it provides low rental housing accommodation, or



(b)               for the purposes of subsection (4), to determine if, on the January 1 referred to in subsection (4), it met the criteria prescribed by regulation.



4.1(7)             The Minister shall approve the application and send a copy of the approval to the Director if



(a)               for the purposes of subsection (2) or (3), the Minister determines that the not-for-profit housing organization meets the criteria referred to in subsection (6) and that the not-for-profit housing organization provides low rental housing accommodation, or



(b)               for the purposes of subsection (4), the Minister determines that, on the January 1 referred to in subsection (4), the not-for-profit housing organization met the criteria referred to in subsection (6).



4.1(8)             For the purposes of subsection (2) or (3), an approval of the Minister for any year must be granted in the preceding year on or before the date prescribed by regulation.



4.1(9)             Notwithstanding subsection (8), for the purposes of subsection (2), the deadline for an approval of the Minister for 2005 is December 31, 2005.



4.1(10)          For the purposes of subsection (4), an approval of the Minister must be granted in the year for which the exemption was approved under subsection (2) or (3) and on or before the date prescribed by regulation.



4.1(11)          The Director's decision to approve or to refuse to approve an exemption under subsection (2) or (3) and the Director's determination of the portion of the total assessment attributable to the portion of real property that is used for low rental housing accommodation shall be made on the basis of the Minister's approval under paragraph (7)(a) and on the basis of such other information as the Director requires.



4.1(12)          The Director's decision to approve or to refuse to approve an exemption under subsection (4) and the Director's determination of the portion of the total assessment attributable to the new construction shall be made on the basis of the Minister's approval under paragraph (7)(b) and on the basis of such other information as the Director requires.



4.1(13)          For the purposes of subsections (2) and (3), the determination of the portion of the total assessment attributable to the portion of real property that is used for low rental housing accommodation is in the sole discretion of the Director.



4.1(14)          For the purposes of subsection (4), the determination of the portion of the total assessment attributable to the new construction is in the sole discretion of the Director.



4.1(15)          A not-for-profit housing organization shall notify the Minister and the Director immediately if there is a change in the size or use of the real property or portion of real property for which an exemption was approved under subsection (2) or (3) or if the not-for-profit housing organization no longer meets the criteria referred to in subsection (6).



4.1(16)          A decision of the Director to approve an exemption under subsection (2), (3) or (4) has effect from January 1 of the year for which the exemption is approved, and any changes required to be made in the assessment and tax roll as a result of the exemption shall be made as soon as possible after the decision is made.



4.1(17)          A decision of the Director to approve an exemption under subsection (2) or (3) has effect until and including December 31 of the year in which



(a)               there is a change in the size or use of the real property or portion of real property,



(b)               the not-for-profit housing organization no longer meets the criteria referred to in subsection (6), or



(c)                the real property or portion of real property is no longer assessed in the name of the not-for-profit housing organization.



4.1(18)          The Minister's decision to approve or to refuse to approve an application under subsection (6) is final and may not be questioned or reviewed in any court.



4.1(19)          The Director's decision to approve or to refuse to approve an exemption under subsection (2), (3) or (4) is final and may not be questioned or reviewed in any court.



4.1(20)          The Director's determination of the portion of the total assessment attributable to the portion of real property for which an exemption is approved under subsection (2) or (3) is final and may not be questioned or reviewed in any court.



4.1(21)          The Director's determination of the portion of the total assessment attributable to the new construction for which an exemption is approved under subsection (4) is final and may not be questioned or reviewed in any court.



4.1(22)          Sections 25, 27, 28 and 37 do not apply to



(a)               the Director's decision to approve or to refuse to approve an exemption under subsection (2), (3) or (4),



(b)               the Director's determination of the portion of the total assessment attributable to the portion of real property for which an exemption is approved under subsection (2) or (3), or



(c)                the Director's determination of the portion of the total assessment attributable to the new construction for which an exemption is approved under subsection (4).



4.1(23)          This section does not apply to real property prescribed by regulation.



4.1(24)          A person who fails to notify the Minister or the Director under subsection (15) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.



2                           Section 40 of the Act is amended



(a)               in subsection (1) by adding after paragraph (e.5) the following:



(e.51)       prescribing criteria for the purposes of subsection 4.1(6);



(e.52)       prescribing real property for the purposes of subsection 4.1(23);



(b)               by adding after subsection (1.23) the following:



40(1.24)       A regulation made under paragraph (1)(e.51) or (e.52) may be retroactive in its operation to January 1, 2005, or to any date after January 1, 2005.



3                           This Act comes into force on January 1, 2005.



EXPLANATORY NOTES



Section 1



New provisions.



Section 2



(a)               Regulation-making authority is added. The amendment is consequential on the amendment made in section 1 of this amending Act.



(b)               New provision.



Section 3



Commencement provision.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
DISCLAIMER