BILL 34 – 2004
PROVINCIAL REVENUE STATUTES
AMENDMENT ACT, 2004

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

 
Corporation Capital Tax Act

1 Section 17 of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is amended by adding the following subsection:

(6) A series of transactions is deemed to include any related transactions completed in contemplation of the series.

2 Section 29 is amended by adding the following subsections:

(4) Despite subsection (2) (b), if an assessment action has occurred in respect of a corporation, the administrator may assess or reassess the corporation for a tax or make an additional tax assessment against the corporation for a taxation year before the end of the later of

(a) the last day on which an assessment, reassessment or additional assessment may be made under subsection (2) (b), and

(b) the day that is one year after the later of

(i) the day on which

(A) the administrator receives notification from the corporation of all items that affect the corporation's liability or potential liability under this Act and that can reasonably be regarded as relating to the assessment action, or

(B) the administrator receives notification of the assessment action from the taxing authority, if the administrator does not receive notification from the corporation, and

(ii) the 90th day after the day on which the taxing authority mails the assessment action to the corporation.

(5) In subsection (4), "assessment action" means

(a) an assessment, reassessment or additional assessment of tax, interest or penalties,

(b) a determination or redetermination of a loss,

(c) a confirmation of

(i) an assessment, reassessment or additional assessment of tax, interest or penalties, or

(ii) a determination or redetermination of a loss,

(d) a notification that no tax is payable, or

(e) a determination of the entitlement to or the amount, if any, of a refundable tax credit

by a taxing authority under the Income Tax Act (Canada), the Income Tax Act (British Columbia) or a law of a province that imposes a tax similar to the tax imposed under this Act or the Income Tax Act (British Columbia).

3 Section 29 (4) is amended by adding "financial" before "corporation" wherever it appears.

 
Hotel Room Tax Act

4 Section 1 of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207, is amended by adding the following definition:

"board member" means a member of a board of directors of a corporation and includes a person who is deemed to be a board member under section 23.2; .

5 The following sections are added:

Refunds when joint and several liability

13.1 (1) Despite section 10 (2), if the director is satisfied that the total of the amount paid by one or more board members who are jointly and severally liable with the corporation under section 23.1 (1) and the amount, if any, paid by the corporation exceeds the amount owed by the corporation under this Act for the period that the board members who made the payments were jointly and severally liable with the corporation, the director must pay a refund from the consolidated revenue fund in accordance with the following:

(a) if only one board member paid all or a part of the amount for which one or more board members and the corporation were jointly and severally liable under section 23.1 (1), refund to the board member the amount of the excess up to the amount paid by the board member;

(b) if two or more board members paid the amount or a part of the amount for which the board members and the corporation were jointly and severally liable under section 23.1 (1), refund to the board members the amount of the excess divided proportionately between the board members, up to the amount paid by each board member;

(c) after making the payment under paragraph (a) or (b), refund to the corporation any remaining amount of the excess, up to the amount paid by the corporation.

(2) A refund under subsection (1) (b) must be based on the ratio of the amounts paid by the board members who are jointly and severally liable under section 23.1 (1) for the applicable period of the refund.

(3) A refund may be paid under subsection (1) only to a board member or corporation who has applied for a refund.

Assessment against board member

17.1 (1) If the director decides that a board member is jointly and severally liable for an amount under section 23.1 (1), the director may assess the board member for the amount assessed under section 17 against the corporation for the corporation's failure to collect or remit taxes as required during the term of the board member, including penalties and interest on that amount.

(2) The director must not make an assessment under subsection (1) in respect of the liability of a board member under section 23.1 if

(a) the person is no longer a board member of that corporation, and

(b) it is more than 2 years after the last date that the person was a board member of that corporation.

6 Section 18 (1) is amended

(a) in paragraph (a) by striking out "or 13 (3)," and substituting ", 13 (3) or 23.2 (2),", and

(b) in paragraph (b) by striking out "section 17 (3) or (3.1)," and substituting "section 17 (3) or (3.1) or 17.1 (1),".

7 The following sections are added:

Board member's liability

23.1 (1) Subject to this section, if a corporation has failed to collect or remit taxes as required under this Act, a board member of that corporation is jointly and severally liable with the corporation to pay an amount equal to the taxes that the corporation failed to collect or remit during the term of the board member, including penalties and interest on that amount.

(2) A board member is not liable under subsection (1) unless one of the following has occurred:

(a) a certificate has been filed under section 27 with respect to the amount the corporation is liable to pay under this Act;

(b) the corporation has been dissolved or has commenced liquidation or dissolution proceedings in any jurisdiction;

(c) the corporation has, under the Bankruptcy and Insolvency Act (Canada),

(i) made an assignment in bankruptcy,

(ii) filed a notice of intention to make a proposal with the official receiver, or

(iii) made a proposal under Division 1 of Part III of that Act;

(d) a receiving order has been made against the corporation under the Bankruptcy and Insolvency Act (Canada);

(e) the corporation has obtained a court order granting a stay of proceedings under section 11 (3) of the Companies' Creditors Arrangement Act (Canada);

(f) the corporation has been or is subject in any jurisdiction to a proceeding of a similar nature to a proceeding referred to in paragraphs (c) to (e).

(3) A board member is not liable under subsection (1) if the board member exercised the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances to prevent the corporation's failure to collect or remit taxes as required under this Act.

Deemed board member

23.2 (1) If the director has reason to believe that a person who was not a member of the board of directors of a corporation performed some or all of the functions of a member of the board of directors of the corporation, the director may request the person and the corporation to provide to the director the records and information required by the director to confirm or rebut that belief.

(2) Subject to subsection (3), the director may decide that a person performed some or all of the functions of a member of the board of directors of a corporation if

(a) the person or the corporation that has been requested to provide records or information to the director under subsection (1) fails or refuses to comply with the request within a period of time considered by the director to be reasonable in the circumstances, or

(b) the records or information provided to the director under this section confirm that the person performed some or all of the functions of a member of the board of directors of the corporation.

(3) The director must not decide under subsection (2) (b) that a person performed some or all of the functions of a member of the board of directors of a corporation if the decision is based solely on

(a) the person participating in the corporation's management under the direction or control of a shareholder, one or more members of the board of directors or a senior officer of the corporation,

(b) the person being a lawyer, accountant or other professional whose primary participation in the management of the corporation was the provision of professional services to the corporation,

(c) the corporation being bankrupt and the person being a trustee in bankruptcy who participates in the management of the corporation or exercises control over its property, rights and interests primarily for the purposes of the administration of the bankrupt's estate, or

(d) the person being a receiver, receiver manager or secured creditor who participates in the management of the corporation or exercises control over any of its property, rights and interests primarily for the purposes of enforcing a debt obligation of the corporation.

(4) If the director decides under subsection (2) that a person performed some or all of the functions of a member of the board of directors of a corporation, the person is deemed to be a board member of the corporation for the purposes of this Act for a term that equals the period the person performed those functions.

(5) Immediately after the director makes a decision under subsection (2), the director must notify in writing the person to whom the decision relates and the corporation of this decision.

8 Section 28 (1) is amended by adding "and a board member who is jointly and severally liable with a corporation under section 23.1 (1)" after "operator".

9 Section 31 (2) is amended by striking out "or the liability to remit taxes collected," and substituting "the liability of a person under section 23.1 (1) or the liability to remit taxes collected".

 
Income Tax Act

10 Section 1 of the Income Tax Act, R.S.B.C. 1996, c. 215, is amended

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

"Canadian-controlled private corporation" has the same meaning as in section 248 of the federal Act; ,

(b) in subsection (7) (f) by adding "subject to subsection (7.1)," before "if that section",

(c) by adding the following subsection:

(7.1) Subsection (7) (f) does not apply to section 222 (8) (d) of the federal Act as that section applies for the purposes of this Act. , and

(d) in subsection (8) by adding the following paragraph:

(d.1) section 222 (8) (c); .

11 Section 4.71 is amended

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

(1) For the purpose of computing the tax payable under this Act for a taxation year by an individual, there may be deducted the aggregate of the amounts determined under subsection (2) if

(a) the individual resided in British Columbia on the last day of the taxation year,

(b) the individual had income for the year that included income earned in a country other than Canada in respect of which non-business-income tax was paid by the individual to the government of a country other than Canada, and

(c) the individual's tax payable for that year is not determined under section 127.5 of the federal Act. ,

(b) in subsection (2) by adding ", in respect of each country other than Canada," after "under subsection (1)",

(c) by repealing subsection (2) (a) and substituting the following:

(a) the amount, if any, by which any non-business-income tax paid by the individual for the taxation year to the government of the other country exceeds the amount deductible by the individual for that year under section 126 (1) of the federal Act, and ,

(d) in subsection (2) (b) (i) by striking out everything before clause (A) and substituting the following:

(i) the amount, if any, by which the total of the individual's qualifying incomes exceeds the total of the individual's qualifying losses ,

(e) in subsection (2) (b) (i) by striking out "on the assumption" and substituting "from sources in the other country, on the assumption", and

(f) by adding the following subsections:

(6) For the purposes of this section,

(a) the government of a country other than Canada includes the government of a state, province or other political subdivision of that country,

(b) if a taxpayer's income for a taxation year is in whole or in part from sources in more than one country other than Canada, subsection (2) must be read as providing for separate deductions in respect of each of the countries other than Canada, and

(c) if any income from a source in a particular country would be tax-exempt income but for the fact that a portion of the income is subject to an income or profits tax imposed by the government of a country other than Canada, the portion is deemed to be income from a separate source in the particular country.

(7) In this section, "qualifying incomes", "qualifying losses" and "tax-exempt income" have the same meaning as in section 126 (7) of the federal Act.

12 Section 10 is amended

(a) in subsection (3) by striking out "Subject to subsections (4) and (5)," and substituting "Subject to subsection (4),", and

(b) by repealing subsection (5).

13 Sections 13.3 and 97 are amended by repealing the definition of "Canadian-controlled private corporation".

14 Section 16 (2) (a) is amended by repealing the description of "D" and substituting the following:

D means the greater of

(i) the amount determined in respect of the corporation for the taxation year under section 137 (3) (b) of the federal Act, and

(ii) the least of the amounts determined in respect of the corporation for the taxation year under descriptions C, D and E in subsection (1) (a), and .

15 Section 16 (5) is amended in the definition of "business limit"

(a) in paragraph (a) by striking out "section 125 (2), (3) and (4) of the federal Act" and substituting "section 125 (2) of the federal Act", and

(b) by repealing paragraph (b) and substituting the following:

(b) in the case of a corporation that is associated in the taxation year with one or more other Canadian-controlled private corporations, the amount allocated to the corporation for the purposes of this section is the amount that is the same proportion of $300 000

(i) that the business limit for the corporation, determined under section 125 (3) of the federal Act, is to the amount expressed in dollars in that section, or

(ii) that the amount allocated to the corporation under section 125 (4) of the federal Act is to the total amount allocated under that section; .

16 Section 19 is amended

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

"adjusted active income", in relation to a corporation that was, throughout a taxation year, a Canadian-controlled private corporation, means the amount that would be determined under section 125 (1) (a) of the federal Act for the year if that amount were calculated

(a) as though

(i) section 12 (1) (o) and (z.5),

(ii) section 18 (l) (m), except as that paragraph applies to an amount paid or payable under a prescribed Act,

(iii) section 20 (l) (v.1),

(iv) section 69 (6), and

(v) section 69 (7)

of the federal Act had not been enacted, and

(b) as though tax payable in respect of the taxation year under the Mineral Tax Act or any other prescribed Act were deductible in computing the amount determined under section 125 (1) (a) of the federal Act;

"notional taxable income", in relation to a taxpayer for a taxation year, means the amount, if any, by which

(a) the aggregate of all amounts, each of which is the adjusted taxable income of the taxpayer for the taxation year and for all preceding taxation years ending after May 5, 1973,

exceeds

(b) the amount determined under paragraph (a) for the immediately preceding taxation year. ,

(b) in subsection (1) by repealing the definition of "notional tax" and substituting the following:

"notional tax", in relation to a taxpayer for a taxation year, means

(a) if the taxpayer is an individual, the tax that would be payable under this Part by the individual for the taxation year if the individual's taxable income for the taxation year were the individual's notional taxable income for the taxation year,

(b) if the taxpayer is a corporation, other than a corporation that was, throughout the taxation year, a Canadian-controlled private corporation, the tax that would be payable under section 14 (2) [corporation income tax] by the corporation for the taxation year if the corporation's taxable income for the taxation year were the corporation's notional taxable income for the taxation year, and

(c) if the taxpayer is a corporation that was, throughout the taxation year, a Canadian-controlled private corporation, the tax that would be payable under section 16 (1) [small business rate] by the corporation for the taxation year if

(i) the corporation's taxable income for the taxation year were the corporation's notional taxable income for the taxation year, and

(ii) the amount that would be determined under section 125 (1) (a) of the federal Act for the corporation for the taxation year were the adjusted active income of the corporation for the taxation year; , and

(c) by adding the following subsection:

(5.1) For the purposes of determining notional tax for a taxpayer that is a corporation, a reference to taxable income

(a) in the federal regulations, when determining the taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act, for the purposes of section 14 (2) and 16 (1) of this Act, and

(b) in section 125 (1) (b) of the federal Act, when determining the amount under that section for the purposes of section 16 (1) of this Act

must be read as a reference to notional taxable income.

17 Section 25.1 (1) is amended by repealing paragraph (f.2) of the definition of "excluded expense" and substituting the following:

(f.2) an amount that, under an agreement described in section 66 (12.6) of the federal Act and made after July 30, 2001, is renounced in accordance with that section, in respect of an expense

(i) incurred after July 30, 2001 and before January 1, 2005, or

(ii) incurred after December 31, 2004 and before January 1, 2006 and to which section 66 (12.66) of the federal Act applies.

18 Section 29 is amended by adding the following subsections:

(1.01) In applying section 152 (4) of the federal Act for the purposes of this Act, that section must be read as including the following paragraph:

(c) in respect of a taxpayer that is a corporation, the assessment, reassessment or additional assessment is made

(i) as a consequence of a taxing authority

(A) determining or redetermining, under a law of a province that imposes a tax similar to the tax imposed under this Act, the corporation's taxable income earned in the province for the year if that determination or redetermination changes the proportion that the corporation's taxable income earned in the province for the year is to the corporation's taxable income for the year as calculated under the law of that province, or

(B) allocating or reallocating, under the Corporation Capital Tax Act, the corporation's net paid up capital for the year to a jurisdiction other than British Columbia, and

(ii) before the day that is the later of

(A) the latest day on which an assessment, reassessment or additional assessment may otherwise be made under this Act, and

(B) one year after the day that is the earlier of

(I) the day that the minister receives notification from the taxing authority of the action referred to in subparagraph (i), and

(II) the day that the minister receives notification from the corporation of the action referred to in subparagraph (i).

(1.02) In applying section 152 (4.01) of the federal Act for the purposes of this Act, the reference in that section to "paragraph (4) (a) or (b)" must be read as "paragraph (4) (a), (b) or (c)" and that section must be read as including the following paragraph:

(c) where paragraph (4) (c) applies to the assessment, reassessment or additional assessment, determining or redetermining the corporation's taxable income earned in the year in British Columbia, as defined in section 13.3 of this Act.

19 Section 49 is amended

(a) by renumbering the section as section 49 (1), and

(b) by adding the following subsection:

(2) In applying section 222 (5) (c) of the federal Act for the purposes of this Act, the reference in that section to "paragraph 227 (10) (a)" must be read as a reference to section 56 (2) (b) of this Act.

20 Section 68.1 (1) is amended in paragraph (a) of the definition of "tax consequences" by adding the following subparagraph:

(iii.1) taxable income earned in Canada, within the meaning of section 4 (1), .

 
Insurance Premium Tax Act

21 Section 1 (1) of the Insurance Premium Tax Act, R.S.B.C. 1996, c. 232, is amended

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

"premium" includes any payment made as consideration for a contract of insurance, or a contract of reciprocal insurance, including

(a) premium deposits,

(b) assessments,

(c) registration fees,

(d) contributions by members, and

(e) any other compensation,

but excluding payments made as consideration for

(f) a contract of marine insurance that is not pleasure craft insurance, or

(g) a contract of reciprocal marine insurance that is not pleasure craft insurance; , and

(b) in the definition of "taxable premium" by adding "or" at the end of paragraph (b) and by repealing paragraph (c).

22 Section 16 is repealed and the following substituted:

Continuing liability for taxes

16 (1) Despite a prior assessment, or if no assessment has been made, a taxpayer continues to be liable for any tax due under this Act.

(2) The commissioner may assess or reassess a taxpayer for tax as follows:

(a) at any time, if

(i) the taxpayer has not delivered a return required under this Act,

(ii) any person has made any misrepresentation or committed any fraud in making the taxpayer's return or supplying information under this Act in respect of the period or transaction for which the assessment or reassessment is made,

(iii) the taxpayer is a taxable insurer who has filed a waiver under subsection (3) in respect of the period for which the assessment or reassessment is made, or

(iv) the taxpayer has filed a waiver under subsection (4) in respect of the contract of insurance for which the assessment or reassessment is made;

(b) in any other case, within 6 years after the date of delivery of a return required under this Act.

(3) A taxpayer who is a taxable insurer may file with the commissioner a waiver for a taxation year, in the form and containing the information required by the commissioner, within 6 years after the date of delivery of a return for the taxation year.

(4) A taxpayer who is not a taxable insurer may file with the commissioner a waiver in respect of a contract of insurance, in the form and containing the information required by the commissioner, within 6 years after the date of delivery of a return in respect of the contract of insurance.

(5) A waiver under subsection (3) or (4) continues in effect until 6 months after the taxpayer files with the commissioner a notice revoking the waiver, in the form and containing the information required by the commissioner.

23 Section 34 (1) (b) is amended by striking out "deliverered" and substituting "delivered".

24 Section 38 is amended

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

(c.1) under an information-sharing agreement under subsection (3), ,

(b) in subsection (2) by striking out "this section" and substituting "subsection (1)", and

(c) by adding the following subsection:

(3) The minister may enter into information-sharing agreements, including data-matching agreements, with the Financial Institutions Commission established under the Financial Institutions Act, for the purposes of administering this Act or the Financial Institutions Act or other Acts under which that commission has administrative responsibilities.

 
Land Tax Deferment Act

25 Section 1 of the Land Tax Deferment Act, R.S.B.C. 1996, c. 249, is amended

(a) by repealing the definition of "eligible property" and substituting the following:

"eligible property" means

(a) an area of land with improvements on it, or

(b) a manufactured home and, if this is owned by the same person, an area of land on which the manufactured home is located,

that, under the regulations, the minister considers is in genuine use for residential purposes; ,

(b) by repealing paragraph (b) (ii) of the definition of "owner" and substituting the following:

(ii) the dwelling unit is the principal residence of the occupier, or ,

(c) by adding the following definitions:

"principal residence" means the usual place where an individual makes his or her home;

"registered charge" means a charge within the meaning of the Land Title Act that is registered or filed in a land title office;

"registered security interest" means a security interest within the meaning of the Personal Property Security Act that is perfected by registration of a financing statement in the registry under that Act;

"spouse" means

(a) a person who is married to another person, or

(b) a person who

(i) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and

(ii) has been living and cohabiting in that relationship for a continuous period of at least 2 years;

"surviving spouse" means a person who was the spouse of another person at the time of death of the other person and who is not currently the spouse of another person; , and

(d) by repealing the definition of "tax" and substituting the following:

"tax" means tax levied by a municipality or the Crown on eligible property, but does not include tax arrears, penalties, delinquent tax, utility user fees or interest on any of them; .

26 Section 3 (2) is repealed.

27 Section 4 (1) (b) is repealed.

28 Section 5 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) By filing an application in accordance with section 12 and the regulations, an owner of eligible property may request the minister to enter an agreement for the purpose referred to in section 2 if the following requirements are met:

(a) the eligible property includes a building used for residential purposes as the owner's principal residence;

(b) the owner has been ordinarily resident in British Columbia for not less than one year immediately before the date the owner applies under this Act;

(c) the owner is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);

(d) the owner is, at any time during the year the owner applies,

(i) 60 years of age or older,

(ii) a surviving spouse, or

(iii) a person with disabilities as defined in the regulations;

(e) any other requirement prescribed by regulation.

(2) Subsection (1) applies also to an owner of eligible property that is or that includes a manufactured home, if the owner

(a) uses the manufactured home as the owner's principal residence, and

(b) meets the qualifications set out in paragraphs (b) to (e) of that subsection. , and

(b) by repealing subsections (5) and (6) and substituting the following:

(5) Despite subsections (1) to (4),

(a) if the total of

(i) the outstanding tax liability against the eligible property,

(ii) the registered charges against the eligible property, and

(iii) in the case of eligible property that is or includes a manufactured home, the registered security interests against the manufactured home

is more than a prescribed percentage of the actual value of the eligible property determined by the assessor, a deferral agreement must not be made, and

(b) if the minister considers that

(i) the tax that is payable is inadequately secured,

(ii) the amount deferred under an agreement is inadequately secured, or

(iii) a requirement established by the regulations for continuation of the agreement is not met,

the minister may, despite the agreement, by notice in writing to the owner, suspend further deferral of tax or terminate the agreement.

(6) If eligible property is held in joint tenancy or tenancy in common, at least one of the owners must qualify under this Act.

29 Section 7 is amended

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

(a) register it as a registered charge in favour of the government, having priority in accordance with section 11 (1), and , and

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

(2) If an agreement is made under section 6 (2) with an owner referred to in section 5 (2), the minister must register a financing statement, perfecting a security interest that has priority in accordance with section 11 (3), in the personal property registry established under the Personal Property Security Act in the form and manner prescribed under that Act.

30 Section 8 (4) is repealed and the following substituted:

(4) Despite this section, a person who

(a) has made an agreement under section 5 (1),

(b) was eligible to make the agreement under section 5 (1) (d) (ii) by reason of being a surviving spouse at the time the agreement was made, and

(c) subsequently becomes the spouse of another person

must not, merely because of this new relationship, be required to repay the amounts referred to in subsection (1) until the agreement is terminated under section 4 or 5.

31 Section 9 (4) is repealed.

32 Section 11 is amended

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

(a) the agreement, and any deferred taxes under the agreement and interest on them, are a lien and charge on the eligible property and have priority over all other claims of any person, except claims secured by a registered charge that was registered or filed in a land title office in respect of the eligible property before the date on which the agreement under this Act was registered,

(b) every claim over which paragraph (a) establishes priority is subject to the agreement and to the deferred taxes and interest referred to in that paragraph, and , and

(b) by repealing subsections (2) and (3) and substituting the following:

(2) The registration of a financing statement in the personal property registry under section 7 (2) creates a lien and charge on the manufactured home to which the registration relates for the deferred taxes and interest on them, and the lien continues as long as the registration is effective.

(3) The lien and charge under subsection (2) has priority over any subsequently perfected security interest and any other subsequent charge or claim.

33 Section 16 is repealed and the following substituted:

Statement of outstanding amounts

16 On or before June 30 in each year, the minister must provide to the owner who is a party to an agreement under this Act a statement of outstanding deferred taxes, plus accrued interest, as of March 31 of that year.

34 Section 18 (2) is amended by adding the following paragraphs:

(f) prescribing a percentage for the purposes of section 5 (5) (a);

(g) prescribing requirements that must be met for the purposes of section 5 (1) (e) or (5) (b) (iii).

35 Section 19 is repealed.

 
Mineral Land Tax Act

36 Section 5 (4) to (6) of the Mineral Land Tax Act, R.S.B.C. 1996, c. 290, is repealed and the following substituted:

(4) Not later than May 1 in every year, the administrator must send, to every owner who is shown on the mineral land tax assessment roll,

(a) by mail, or

(b) with the written agreement of the owner, by another form of delivery,

a notice of mineral land tax assessment containing the information that is in the mineral land tax assessment roll regarding the parcel being taxed.

(5) On the sending of the notice under subsection (4), mineral land tax is deemed to have been assessed and levied.

37 Section 8 (2) is repealed.

38 Section 13 (3) is repealed and the following substituted:

(3) The administrator must serve the notice, by registered mail, on every person named in the notice published under subsection (2) (a).

39 Section 17 is repealed and the following substituted:

Interest on unpaid taxes

17 Mineral land tax that is unpaid on July 31 of the year in which it was levied bears interest after that date until paid, at an annual rate prescribed by the Lieutenant Governor in Council, and all interest accrued is deemed to form part of the unpaid tax.

 
Mineral Tax Act

40 Section 21 of the Mineral Tax Act, R.S.B.C. 1996, c. 291, is amended by repealing subsection (5) and substituting the following:

(5) Without limiting subsection (3), the commissioner may assess or reassess tax, interest and penalties under this Act, or notify in writing an operator or other person by whom a return has been or ought to have been filed that the commissioner requires further information, as follows:

(a) at any time, if

(i) a return under section 12 for a fiscal year of the mine or calendar year, as applicable, has not been delivered as required by that section,

(ii) the operator, or other person by whom a return has been or ought to have been filed, has filed a waiver under subsection (5.1) for the fiscal year of the mine or calendar year, as applicable, or

(iii) any person has made any misrepresentation or committed any fraud in making a return or in supplying information under this Act;

(b) in any other case, within 6 years after the end of the fiscal year of the mine or calendar year, as applicable, for which the return was required, whether or not any tax was payable under this Act.

(5.1) An operator or other person by whom a return has been or ought to have been filed may file with the commissioner a waiver for a fiscal year of the mine or calendar year, as applicable, in the form and containing the information required by the commissioner, within 6 years after the end of the fiscal year of the mine or calendar year, as applicable, for which the return was required.

(5.2) A waiver under subsection (5.1) continues in effect until 6 months after the operator or other person by whom a return has been or ought to have been filed files with the commissioner a notice revoking the waiver, in the form and containing the information required by the commissioner.

 
Motor Fuel Tax Act

41 Section 1 of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended by adding the following definition:

"board member" means a member of a board of directors of a corporation and includes a person who is deemed to be a board member under section 45.2; .

42 Section 2 (2) is amended

(a) by striking out "gasoline" wherever it appears and substituting "fuel", and

(b) by striking out "section 4 (1) (a)." and substituting "this Act."

43 The following sections are added:

Refunds when joint and several liability

20.2 (1) Despite section 20 (2), if the director is satisfied that the total of the amount paid by one or more board members who are jointly and severally liable with the corporation under section 45.1 (1) and the amount, if any, paid by the corporation exceeds the amount owed by the corporation under this Act for the period that the board members who made the payments were jointly and severally liable with the corporation, the director must pay a refund from the consolidated revenue fund in accordance with the following:

(a) if only one board member paid all or a part of the amount for which one or more board members and the corporation were jointly and severally liable under section 45.1 (1), refund to the board member the amount of the excess up to the amount paid by the board member;

(b) if two or more board members paid the amount or a part of the amount for which the board members and the corporation were jointly and severally liable under section 45.1 (1), refund to the board members the amount of the excess divided proportionately between the board members, up to the amount paid by each board member;

(c) after making the payment under paragraph (a) or (b), refund to the corporation any remaining amount of the excess, up to the amount paid by the corporation.

(2) A refund under subsection (1) (b) must be based on the ratio of the amounts paid by the board members who are jointly and severally liable under section 45.1 (1) for the applicable period of the refund.

(3) A refund may be paid under subsection (1) only to a board member or corporation who has applied for a refund.

Board member's liability

45.1 (1) Subject to this section, if a corporation has failed to collect or remit taxes, or to pay an amount of security as required under this Act, a board member of that corporation is jointly and severally liable with the corporation to pay an amount equal to

(a) the taxes that the corporation failed to collect or remit during the term of the board member, including penalties and interest on that amount, and

(b) the security that the corporation failed to pay during the term of the board member, including penalties and interest on that amount.

(2) A board member is not liable under subsection (1) unless one of the following has occurred:

(a) a certificate has been filed under section 55 (1) with respect to the amount the corporation is liable to pay under this Act;

(b) the corporation has been dissolved or has commenced liquidation or dissolution proceedings in any jurisdiction;

(c) the corporation has, under the Bankruptcy and Insolvency Act (Canada),

(i) made an assignment in bankruptcy,

(ii) filed a notice of intention to make a proposal with the official receiver, or

(iii) made a proposal under Division 1 of Part III of that Act;

(d) a receiving order has been made against the corporation under the Bankruptcy and Insolvency Act (Canada);

(e) the corporation has obtained a court order granting a stay of proceedings under section 11 (3) of the Companies' Creditors Arrangement Act (Canada);

(f) the corporation has been or is subject in any jurisdiction to a proceeding of a similar nature to a proceeding referred to in paragraphs (c) to (e).

(3) A board member is not liable under subsection (1) if the board member exercised the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances to prevent the corporation's failure to collect or remit taxes or to pay security as required under this Act.

Deemed board member

45.2 (1) If the director has reason to believe that a person who was not a member of the board of directors of a corporation performed some or all of the functions of a member of the board of directors of the corporation, the director may request the person and the corporation to provide to the director the records and information required by the director to confirm or rebut that belief.

(2) Subject to subsection (3), the director may decide that a person performed some or all of the functions of a member of the board of directors of a corporation if

(a) the person or the corporation that has been requested to provide records or information to the director under subsection (1) fails or refuses to comply with the request within a period of time considered by the director to be reasonable in the circumstances, or

(b) the records or information provided to the director under this section confirm that the person performed some or all of the functions of a member of the board of directors of the corporation.

(3) The director must not decide under subsection (2) (b) that a person performed some or all of the functions of a member of the board of directors of a corporation if the decision is based solely on

(a) the person participating in the corporation's management under the direction or control of a shareholder, one or more members of the board of directors or a senior officer of the corporation,

(b) the person being a lawyer, accountant or other professional whose primary participation in the management of the corporation was the provision of professional services to the corporation,

(c) the corporation being bankrupt and the person being a trustee in bankruptcy who participates in the management of the corporation or exercises control over its property, rights and interests primarily for the purposes of the administration of the bankrupt's estate, or

(d) the person being a receiver, receiver manager or secured creditor who participates in the management of the corporation or exercises control over any of its property, rights and interests primarily for the purposes of enforcing a debt obligation of the corporation.

(4) If the director decides under subsection (2) that a person performed some or all of the functions of a member of the board of directors of a corporation, the person is deemed to be a board member of the corporation for the purposes of this Act for a term that equals the period the person performed those functions.

(5) Immediately after the director makes a decision under subsection (2), the director must notify in writing the person to whom the decision relates and the corporation of this decision.

Assessment against board member

46.1 (1) If the director decides that a board member is jointly and severally liable for an amount under section 45.1 (1), the director may assess the board member for

(a) the amount assessed under section 43 or 44 or both against the corporation for the corporation's failure to collect or remit taxes or pay security or both as required during the term of the board member, including penalties and interest on that amount, and

(b) the amount estimated under section 42 as the tax the corporation collected during the term of the board member, including penalties and interest on that amount.

(2) The director must not make an assessment under subsection (1) in respect of the liability of a board member under section 45.1 if

(a) the person is no longer a board member of that corporation, and

(b) it is more than 2 years after the last date that the person was a board member of that corporation.

44 Section 50 is amended

(a) in subsection (1) (b) by adding "20.2," after "20.1,",

(b) in subsection (1) (d) by striking out "sections 42 to 45 and 48" and substituting "sections 42 to 45, 46.1 and 48", and

(c) by adding the following paragraph:

(g) a decision of the director under section 45.2 (2) (b).

45 Section 57 (1) is amended by striking out "permit holder and registered consumer." and substituting "permit holder, registered consumer and a board member who is jointly and severally liable with a corporation under section 45.1 (1)."

 
Property Transfer Tax

46 The Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by adding the following section:

Fair market value if improvement on more than one parcel

1.3 (1) If

(a) the same improvement is located on more than one parcel,

(b) each parcel on which the improvement is located is the subject matter of a taxable transaction,

(c) the transferee under each taxable transaction referred to in paragraph (b) is

(i) the same person,

(ii) a related individual to the other transferees, or

(iii) an associated corporation to the other transferees, within the meaning of section 256 of the Income Tax Act (Canada), and

(d) all the applications for registration of the taxable transactions referred to in paragraph (b) are filed at a land title office within 6 months of the date of the first application for registration,

all the taxable transactions are deemed to be a single taxable transaction and the transferees referred to in paragraph (c) are jointly and severally liable to pay the total tax.

(2) The filing date of the application for all the taxable transactions that are deemed to be a single transaction under subsection (1) is deemed to be the date that the first application for registration is filed in the land title office.

(3) Subsection (1) applies only for the purpose of determining the fair market value of the parcels of land described in subsection (1).

47 Section 4 is amended

(a) by renumbering the section as section 4 (1), and

(b) by adding the following subsection:

(2) For the purposes of the definition of "property", if the same residential improvement is located on more than one parcel, the parcels are deemed to be one parcel.

48 Section 14 is amended by adding the following subsection:

(1.1) For the purposes of the definition of "principal residence", if the same dwelling is located on more than one parcel, the parcels are deemed to be one parcel.

 
Social Service Tax Act

49 Section 78 (1) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is repealed and the following substituted:

(1) A person who

(a) is a purchaser of tangible personal property and purchases the tangible personal property for the purpose only of leasing the property to other persons, or

(b) is a lessee of tangible personal property and leases the tangible personal property for the purpose only of re-leasing the property to other persons

is exempt from tax imposed by Divisions 1 and 2 of Part 2 or by section 112.3 on that purchase or lease.

50 The following sections are added:

Refunds when joint and several liability

82.2 (1) Despite section 82 (1.1), if the commissioner is satisfied that the total of the amount paid by one or more directors of the corporation who are jointly and severally liable with the corporation under section 102.1 (1) and the amount, if any, paid by the corporation exceeds the amount owed by the corporation under this Act for the period that the directors who made the payments were jointly and severally liable with the corporation, the commissioner must pay a refund from the consolidated revenue fund in accordance with the following:

(a) if only one director paid all or a part of the amount for which one or more directors and the corporation were jointly and severally liable under section 102.1 (1), refund to the director the amount of the excess up to the amount paid by the director;

(b) if two or more directors paid the amount or a part of the amount for which directors and the corporation were jointly and severally liable under section 102.1 (1), refund to the directors the amount of the excess divided proportionately between the directors, up to the amount paid by each director;

(c) after making the payment under paragraph (a) or (b), refund to the corporation any remaining amount of the excess, up to the amount paid by the corporation.

(2) A refund under subsection (1) (b) must be based on the ratio of the amounts paid by the directors who are jointly and severally liable under section 102.1 (1) for the applicable period of the refund.

(3) A refund may be paid under subsection (1) only to a director or corporation who has applied for a refund.

Director's liability

102.1 (1) Subject to this section, if a corporation has failed to collect or remit taxes as required under this Act, a director of the corporation is jointly and severally liable with the corporation to pay an amount equal to the taxes that the corporation failed to collect or remit during the term of the director, including penalties and interest on that amount.

(2) A director of a corporation is not liable under subsection (1) unless one of the following has occurred:

(a) a certificate has been filed under section 107 with respect to the amount the corporation is liable to pay under this Act;

(b) the corporation has been dissolved or has commenced liquidation or dissolution proceedings in any jurisdiction;

(c) the corporation has, under the Bankruptcy and Insolvency Act (Canada),

(i) made an assignment in bankruptcy,

(ii) filed a notice of intention to make a proposal with the official receiver, or

(iii) made a proposal under Division 1 of Part III of that Act;

(d) a receiving order has been made against the corporation under the Bankruptcy and Insolvency Act (Canada);

(e) the corporation has obtained a court order granting a stay of proceedings under section 11 (3) of the Companies' Creditors Arrangement Act (Canada);

(f) the corporation has been or is subject in any jurisdiction to a proceeding of a similar nature to a proceeding referred to in paragraphs (c) to (e).

(3) A director of a corporation is not liable under subsection (1) if the director exercised the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances to prevent the corporation's failure to collect or remit taxes as required under this Act.

Deemed director

102.2 (1) If the commissioner has reason to believe that a person who was not a director of a corporation performed some or all of the functions of a director of the corporation, the commissioner may request the person and the corporation to provide to the commissioner the records and information required by the commissioner to confirm or rebut that belief.

(2) Subject to subsection (3), the commissioner may decide that a person performed some or all of the functions of a director of a corporation if

(a) the person or the corporation that has been requested to provide records or information to the commissioner under subsection (1) fails or refuses to comply with the request within a period of time considered by the commissioner to be reasonable in the circumstances, or

(b) the records or information provided to the commissioner under this section confirm that the person performed some or all of the functions of a director of the corporation.

(3) The commissioner must not decide under subsection (2) (b) that a person performed some or all of the functions of a director of the corporation if the decision is based solely on

(a) the person participating in the corporation's management under the direction or control of a shareholder, one or more directors or a senior officer of the corporation,

(b) the person being a lawyer, accountant or other professional whose primary participation in the management of the corporation was the provision of professional services to the corporation,

(c) the corporation being bankrupt and the person being a trustee in bankruptcy who participates in the management of the corporation or exercises control over its property, rights and interests primarily for the purposes of the administration of the bankrupt's estate, or

(d) the person being a receiver, receiver manager or secured creditor who participates in the management of the corporation or exercises control over any of its property, rights and interests primarily for the purposes of enforcing a debt obligation of the corporation.

(4) Subject to subsection (5), if the commissioner decides under subsection (2) that a person performed some or all of the functions of a director of a corporation, the person is deemed to be a director of the corporation for the purposes of this Act for a term that equals the period the person performed those functions.

(5) Subsection (4) does not apply to sections 81 (b) and 122.

(6) Immediately after the commissioner makes a decision under subsection (2), the commissioner must notify in writing the person to whom the decision relates and the corporation of this decision.

51 Section 108 (1) is amended by adding "and a director who is jointly and severally liable with a corporation under section 102.1 (1)" after "section 93 (1)".

52 Section 111 (2) is amended by striking out "or the liability to remit taxes collected" and substituting ", the liability of a person under section 102.1 (1) or the liability to remit taxes collected".

53 The following section is added:

Assessment against a director

115.1 (1) If the commissioner decides that a director of a corporation is jointly and severally liable for an amount under section 102.1 (1), the commissioner may assess the director for

(a) the amount assessed under section 115 against the corporation for the corporation's failure to collect or remit taxes as required during the term of the director, including penalties and interest on that amount, and

(b) the amount estimated under section 116 as the tax the corporation collected during the term of the director, including penalties and interest on that amount.

(2) The commissioner must not make an assessment under subsection (1) in respect of the liability of a director of a corporation under section 102.1 if

(a) the person is no longer a director of the corporation, and

(b) it is more than 2 years after the last date that the person was a director of the corporation.

54 Section 118 (1) is amended

(a) in paragraph (a) by adding ", 102.2 (2)" after "92 (4)", and

(b) in paragraph (b) by adding "or 115.1 (1)" after "section 115 (1), (2) or (4.1)".

55 Section 123 (7) is amended by striking out "[current 11]".

 
Taxation (Rural Area) Act

56 Section 1 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by repealing the definition of "assessment roll" and substituting the following:

"assessment roll" has the same meaning as in the Assessment Act; .

57 Section 5 (a), (b) and (e) is repealed.

58 Section 6 is repealed.

59 Section 21 (2) and (3) is repealed and the following substituted:

(2) On completion of the taxation roll, the Surveyor of Taxes must mail to every person named in it, on or before May 31 in every year, a taxation notice in a form and containing the information that the Surveyor of Taxes considers appropriate.

(3) Despite subsection (2), the Surveyor of Taxes may, with the written agreement of a taxpayer,

(a) send a taxation notice to the taxpayer, and

(b) provide the information required to be contained in a taxation notice,

other than by mail, including by means of electronic information storage and electronic data transmission.

60 Section 43 is repealed.

61 Section 47 (1) is repealed and the following substituted:

(1) On

(a) the request of the collector, and

(b) satisfactory evidence being produced to the assessor that a parcel of land for which taxes are due has been subdivided by a plan of subdivision registered in the land title office,

the assessor must provide to the collector an apportionment of the land and improvement assessed values between the separate parts of the subdivided parcel shown on the plan.

62 Section 54 is repealed.

 
Tobacco Tax Act

63 Section 1 of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is amended by adding the following definition:

"board member" means a member of a board of directors of a corporation and includes a person who is deemed to be a board member under section 28.2; .

64 The following sections are added:

Refunds when joint and several liability

17.1 (1) Despite section 17 (2), if the director is satisfied that the total of the amount paid by one or more board members who are jointly and severally liable with the corporation under section 28.1 (1) and the amount, if any, paid by the corporation exceeds the amount owed by the corporation under this Act for the period that the board members who made the payments were jointly and severally liable with the corporation, the director must pay a refund from the consolidated revenue fund in accordance with the following:

(a) if only one board member paid all or a part of the amount for which one or more board members and the corporation were jointly and severally liable under section 28.1 (1), refund to the board member the amount of the excess up to the amount paid by the board member;

(b) if two or more board members paid the amount or a part of the amount for which the board members and the corporation were jointly and severally liable under section 28.1 (1), refund to the board members the amount of the excess divided proportionately between the board members, up to the amount paid by each board member;

(c) after making the payment under paragraph (a) or (b), refund to the corporation any remaining amount of the excess, up to the amount paid by the corporation.

(2) A refund under subsection (1) (b) must be based on the ratio of the amounts paid by the board members who are jointly and severally liable under section 28.1 (1) for the applicable period of the refund.

(3) A refund may be paid under subsection (1) only to a board member or corporation who has applied for a refund.

Assessment against board member

22.1 (1) If the director decides that a board member is jointly and severally liable for an amount under section 28.1 (1), the director may assess the board member for the amount assessed under section 22 against the corporation for the corporation's failure to collect or remit taxes or to pay security or both as required during the term of the director, including penalties and interest on the amount assessed.

(2) The director must not make an assessment under subsection (1) in respect of the liability of a board member under section 28.1 if

(a) the person is no longer a board member of that corporation, and

(b) it is more than 2 years after the last date that the person was a board member of that corporation.

65 Section 23 (1) is amended

(a) in paragraph (a) by striking out "section 22" and substituting "section 22 or 22.1",

(b) in paragraph (b) by striking out "section 22" and substituting "sections 22, 22.1",

(c) in paragraph (f) by striking out "17" and substituting "17, 17.1", and

(d) by striking out "or" at the end of paragraph (f), by adding "or" at the end of paragraph (g) and by adding the following paragraph:

(h) a decision of the director under section 28.2 (2), .

66 The following sections are added:

Board member's liability

28.1 (1) Subject to this section, if a corporation has failed to collect or remit taxes or to pay an amount of security as required under this Act, a board member of that corporation is jointly and severally liable with the corporation to pay an amount equal to

(a) the taxes that the corporation failed to collect or remit during the term of the board member, including penalties and interest on that amount, and

(b) the security that the corporation failed to pay during the term of the board member, including penalties and interest on that amount.

(2) A board member is not liable under subsection (1) unless one of the following has occurred:

(a) a certificate has been filed under section 31 (2) with respect to the amount the corporation is liable to pay under this Act;

(b) the corporation has been dissolved or has commenced liquidation or dissolution proceedings in any jurisdiction;

(c) the corporation has, under the Bankruptcy and Insolvency Act (Canada),

(i) made an assignment in bankruptcy,

(ii) filed a notice of intention to make a proposal with the official receiver, or

(iii) made a proposal under Division 1 of Part III of that Act;

(d) a receiving order has been made against the corporation under the Bankruptcy and Insolvency Act (Canada);

(e) the corporation has obtained a court order granting a stay of proceedings under section 11 (3) of the Companies' Creditors Arrangement Act (Canada);

(f) the corporation has been or is subject in any jurisdiction to a proceeding of a similar nature to a proceeding referred to in paragraphs (c) to (e).

(3) A board member is not liable under subsection (1) if the board member exercised the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances to prevent the corporation's failure to collect or remit taxes or to pay security as required under this Act.

Deemed board member

28.2 (1) If the director has reason to believe that a person who was not a member of the board of directors of a corporation performed some or all of the functions of a member of the board of directors of the corporation, the director may request the person and the corporation to provide to the director the records and information required by the director to confirm or rebut that belief.

(2) Subject to subsection (3), the director may decide that a person performed some or all of the functions of a member of the board of directors of a corporation if

(a) the person or the corporation that has been requested to provide records or information to the director under subsection (1) fails or refuses to comply with the request within a period of time considered by the director to be reasonable in the circumstances, or

(b) the records or information provided to the director under this section confirm that the person performed some or all of the functions of a member of the board of directors of the corporation.

(3) The director must not decide under subsection (2) (b) that a person performed some or all of the functions of a member of the board of directors of a corporation if the decision is based solely on

(a) the person participating in the corporation's management under the direction or control of a shareholder, one or more members of the board of directors or a senior officer of the corporation,

(b) the person being a lawyer, accountant or other professional whose primary participation in the management of the corporation was the provision of professional services to the corporation,

(c) the corporation being bankrupt and the person being a trustee in bankruptcy who participates in the management of the corporation or exercises control over its property, rights and interests primarily for the purposes of the administration of the bankrupt's estate, or

(d) the person being a receiver, receiver manager or secured creditor who participates in the management of the corporation or exercises control over any of its property, rights and interests primarily for the purposes of enforcing a debt obligation of the corporation.

(4) If the director decides under subsection (2) that a person performed some or all of the functions of a member of the board of directors of a corporation, the person is deemed to be a board member of the corporation for the purposes of this Act for a term that equals the period the person performed those functions.

(5) Immediately after the director makes a decision under subsection (2), the director must notify in writing the person to whom the decision relates and the corporation of this decision.

67 Section 32 (1) is amended by striking out "and a dealer." and substituting ", a dealer and a board member who is jointly and severally liable with a corporation under section 28.1 (1)."

68 Section 34 (2) is amended by striking out "or the liability to remit taxes collected," and substituting "the liability of a person under section 28.1 (1) or the liability to remit taxes collected".

 
Transitional Provisions

Transitional -- board members' liability under the Hotel Room Tax Act

69 Sections 4 to 9 apply to

(a) a failure to collect or remit taxes, and

(b) penalties and interest that have been imposed or that may be imposed as a result of a failure to collect or remit taxes

that occurred before the date this section comes into force unless the taxes, penalties or interest were the subject of an assessment made under the Hotel Room Tax Act before the end of the six-month period following the date this section comes into force.

Transitional -- business limit under section 16 of the Income Tax Act

70 For taxation years that begin before January 1, 2006, the reference in section 16 (5) of the Income Tax Act in paragraph (b) (i) of the definition of "business limit" to "the amount expressed in dollars in that section," must be read as a reference to "the amount that would, if the corporation were not associated in the year with any other Canadian-controlled private corporation, be its business limit for the year determined under the federal Act without reference to section 125 (5) and (5.1) of the federal Act,".

Transitional -- amendment to section 29 of the Income Tax Act

71 The minister may make an assessment, reassessment or additional assessment under section 152 (4) (c) of the Income Tax Act (Canada), as that section applies for the purposes of the Income Tax Act (British Columbia) and reads in accordance with section 29 (1.01) of the Income Tax Act (British Columbia), in respect of a taxpayer for a taxation year even though the latest day on which an assessment, reassessment or additional assessment may otherwise be made under the Income Tax Act (British Columbia) has elapsed when this section comes into force.

Transitional -- Limitation Act and debts to Her Majesty under the Income Tax Act

72 Section 9 of the Limitation Act is deemed to have never applied in respect of a cause of action to recover a tax debt, as defined in section 222 (1) of the Income Tax Act (Canada), as that section applies for the purposes of the Income Tax Act (British Columbia).

Transitional -- board members' liability under the Motor Fuel Tax Act

73 Sections 41 and 43 to 45 apply to

(a) a failure to collect or remit taxes or to pay security, and

(b) penalties and interest that have been imposed or that may be imposed as a result of a failure to collect or remit taxes or to pay security

that occurred before the date this section comes into force, unless the taxes, security, penalties or interest, as the case may be, were the subject of an assessment made under the Motor Fuel Tax Act before the end of the six-month period following the date this section comes into force.

Transitional -- directors' liability under the Social Service Tax Act

74 Sections 49 to 55 apply to

(a) a failure to collect or remit taxes, and

(b) penalties and interest that have been imposed or that may be imposed as a result of a failure to collect or remit taxes

that occurred before the date this section comes into force, unless the taxes, penalties or interest were the subject of an assessment made under the Social Service Tax Act before the end of the six-month period following the date this section comes into force.

Transitional -- board members' liability under the Tobacco Tax Act

75 Sections 63 to 68 apply to

(a) a failure to collect or remit taxes or to pay security, and

(b) penalties and interest that have been imposed or that may be imposed as a result of a failure to collect or remit taxes or to pay security

that occurred before the date this section comes into force, unless the taxes, security, penalties or interest, as the case may be, were the subject of an assessment made under the Tobacco Tax Act before the end of the six-month period following the date this section comes into force.

Commencement

76 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: