BILL 6 – 2003
BUDGET MEASURES IMPLEMENTATION ACT, 2003

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

 
Balanced Budget and Ministerial Accountability Act

1 Section 5 (3) of the Balanced Budget and Ministerial Accountability Act, S.B.C. 2001, c. 28, is amended by adding "on the day after the applicable information is made public under section 6 (3)" after "that member of the Executive Council".

2 Section 6 is repealed and the following substituted:

Making public a comparison of expected and actual results

6 (1) The following information for a fiscal year must be made public with the main estimates for that fiscal year:

(a) the estimated amount referred to in section 5 (1);

(b) the amount specified referred to in section 5 (2);

(c) the expected results referred to in section 5 (3).

(2) The following information for a fiscal year must be made public with the public accounts for that fiscal year:

(a) the actual surplus or deficit under section 4;

(b) the actual amount of those operating expenses referred to in section 5 (1);

(c) the actual revenue referred to in section 5 (2);

(d) the related information required under subsection (1) of this section.

(3) The following information for a fiscal year must be made public with the public accounts for that fiscal year, or as soon as reasonably practicable after that time, and in any case before December 31 in the year in which the public accounts for the fiscal year are made public:

(a) the actual results referred to in section 5 (3);

(b) the related information required under subsection (1) of this section.

(4) The actual results referred to in section 5 (3) may be included in the applicable annual service plan report under section 16 of the Budget Transparency and Accountability Act.

 
BC Transportation Financing Authority Motor Fuel Tax Regulation

3 Section 1 of the BC Transportation Financing Authority Motor Fuel Tax Regulation, B.C. Reg. 272/93, is amended by striking out "2¢" and substituting "3¢".

4 Section 1 is amended by striking out "3¢" and substituting "3.25¢".

 
Corporation Capital Tax Act

5 Section 1 (1) of the Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, is amended by repealing the definition of "threshold amount" and substituting the following:

"threshold amount" for a taxation year of a financial corporation means the applicable amount indicated opposite the taxation year as follows:

6 Section 1.1 is amended by adding the following subsection:

(3) Despite subsection (2), the definition of "threshold amount" as re-enacted by the Budget Measures Implementation Act, 2003 applies to financial corporations with taxation years beginning before September 1, 2002.

7 Section 12 is repealed and the following substituted:

B.C. paid up capital

12 (1) At the end of a taxation year of a corporation, other than an authorized foreign bank, to which section 14 (2) does not apply, there may be deducted from the net paid up capital of the corporation that portion of the net paid up capital that is allocated to jurisdictions outside British Columbia in accordance with prescribed rules.

(2) If a corporation is, at the end of an applicable taxation year, a nonresident corporation to which section 14 (2) applies, there may be deducted from the net paid up capital employed in Canada of the corporation, at the end of that taxation year, that portion of the net paid up capital employed in Canada that is allocated to Canadian jurisdictions other than British Columbia in accordance with prescribed rules.

(3) At the end of a taxation year of an authorized foreign bank, there may be deducted from the net paid up capital of the corporation that portion of the net paid up capital that is allocated to Canadian jurisdictions other than British Columbia in accordance with prescribed rules.

8 Section 12 is repealed and the following substituted:

B.C. paid up capital

12 (1) At the end of a taxation year of a financial corporation other than an authorized foreign bank, there may be deducted from the net paid up capital of the corporation that portion of the net paid up capital that is allocated to jurisdictions outside British Columbia in accordance with prescribed rules.

(2) At the end of a taxation year of an authorized foreign bank, there may be deducted from the net paid up capital of the corporation that portion of the net paid up capital that is allocated to Canadian jurisdictions other than British Columbia in accordance with prescribed rules.

 
Corporation Capital Tax Regulation

9 Section 14 of the Corporation Capital Tax Regulation, B.C. Reg. 79/96, as it read on June 6, 2000, is amended

(a) in subsection (1) by striking out "a bank's net paid up capital" and substituting "the net paid up capital of a bank, other than an authorized foreign bank,",

(b) by adding the following subsection:

(1.1) Despite section 6, the amount of an authorized foreign bank's net paid up capital that is, in respect of a taxation year, allocated to Canadian jurisdictions other than British Columbia in which the bank has a permanent establishment is 1/3 of the aggregate of

(a) that proportion of its net paid up capital for the taxation year that the aggregate of the salaries and wages paid in the year by the bank in respect of its Canadian banking business to employees of its permanent establishments in those jurisdictions is of the aggregate of all salaries and wages paid in the taxation year by the bank in respect of its Canadian banking business, and

(b) twice that proportion of its net paid up capital for the taxation year that the aggregate amount of loans and deposits in respect of its Canadian banking business of its permanent establishments in those jurisdictions for the taxation year is of the aggregate of all loans and deposits of the bank in respect of its Canadian banking business for the taxation year. , and

(c) in subsections (2) and (3) by striking out "subsection (1)," and substituting "subsections (1) and (1.1),".

 
Financial Administration Act

10 The Financial Administration Act, R.S.B.C. 1996, c. 138, is amended by adding the following section:

Public-private partnership projects

4.2 The Treasury Board may, by directive, authorize a minister responsible for a public-private partnership project to make a payment from the consolidated revenue fund for fees, commissions or expenses relating to the project.

11 Section 21 (2) is amended by striking out "14 (2)" and substituting "4.2, 14 (2)".

 
Greater Vancouver Transportation Authority Act

12 Sections 25 (8) and 26 (3) of the Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30, are repealed.

 
Hospital District Act

13 Section 26 of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by adding the following subsection:

(2.1) The requirement under subsection (2) that rates be uniform for each class of property is not contravened solely because the Surveyor of Taxes has added an aggregate fee, as defined in section 21.1 of the Taxation (Rural Area) Act, to the amounts to be levied as taxes under section 25 of this Act.

 
Insurance Premium Tax Act

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

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

"property insurance" means insurance against the loss of or damage to property but does not include aircraft insurance, automobile insurance and hail insurance; ,

(b) in subsection (1) in paragraph (a) of the definition of "taxable insurer" by adding "or is required to have" after "has", and

(c) in subsection (2) by adding '"aircraft insurance", "automobile insurance", "hail insurance",' after '"accident and sickness insurance",'.

15 Section 3 is amended

(a) by striking out "and" at the end of paragraph (a),

(b) by adding the following paragraph:

(a.1) 4.4% of the taxable insurer's net taxable premiums for the year received or receivable under contracts of property insurance and automobile insurance, and , and

(c) in paragraph (b) by adding "or (a.1)" after "paragraph (a)".

 
Islands Trust Act

16 Section 48 (1) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by striking out ", together with any additional sum that minister may direct to cover the costs and outlays of assessment and collection,".

 
Local Government Act

17 Section 339 (1) (p) of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

(p) sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminating equipment; .

18 Section 756 (9) (c) is amended by repealing subparagraphs (i) and (iii) and by adding "and" at the end of subparagraph (ii).

19 Section 806.1 (3) is repealed.

 
Local Services Act

20 Section 8 (1) of the Local Services Act, R.S.B.C. 1996, c. 276, is amended by striking out everything after "in that local area".

 
Motor Fuel Tax Act

21 Section 4 (1) of the Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, is amended

(a) in paragraph (a) by striking out "6.50¢" and substituting "7.75¢", and

(b) in paragraph (b) by striking out "12.5¢" and substituting "13.75¢".

22 Section 4.1, as enacted by section 39 of the Taxation Statutes Amendment Act, 1999, S.B.C. 1999, c. 47, is amended by striking out ", 13 and 13.1," and substituting "and 13,".

23 Section 10 (1) is amended

(a) in paragraph (a) by striking out "7.0¢" and substituting "8.25¢", and

(b) in paragraph (b) by striking out "13¢" and substituting "14.25¢".

24 Section 13 (1) and (2) is amended by striking out "3.25¢" and substituting "6.75¢".

25 Section 13.1 is repealed.

26 Section 22 (2) is amended by striking out "section 12.1, 13 or 13.1" in both places and substituting "section 12.1 or 13".

27 Section 71 (2) is amended by adding the following paragraph:

(o.4) prescribing the circumstances in which a fuel or class of fuel is exempt from tax; .

 
Property Transfer Tax Act

28 Section 1 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by adding the following definition:

"related person" means a person who is

(a) a related individual, or

(b) a related person within the meaning of section 251 of the Income Tax Act (Canada); .

29 Section 1.2 (1) is amended by repealing the definition of "related person".

30 Section 4 is amended

(a) by repealing paragraph (b) of the definition of "eligible security" and substituting the following:

(b) is between the transferee and a person that is not

(i) a corporation, other than a public company as defined in section 1 of the Business Corporations Act, S.B.C. 2002, c. 57, of which the transferee is a shareholder or of which one or more individuals who are related persons in relation to the transferee are shareholders,

(ii) a trustee on behalf of a trust of which the transferee is a beneficiary or of which one or more individuals who are related persons in relation to the transferee are beneficiaries, or

(iii) a related person in relation to the transferee, and ,

(b) by repealing the definition of "first time home buyer" and substituting the following:

"first time home buyer" means an individual who,

(a) on the registration date, is

(i) a Canadian citizen, or

(ii) a permanent resident as defined in the Immigration and Refugee Protection Act (Canada),

(b) either

(i) continuously maintained the individual's principal residence in British Columbia throughout a period of not less than one year immediately before the registration date, or

(ii) was subject to tax under section 2 (1) (a) of the Income Tax Act (British Columbia) and has filed a return under section 29 (1) of that Act in at least 2 of the 6 taxation years immediately preceding the registration date,

(c) has not previously held a registered interest in land, whether in British Columbia or elsewhere, that constituted the individual's principal residence, and

(d) has not previously obtained a first time home buyers' exemption or refund; ,

(c) in the definition of "qualifying property" by striking out "exceed the qualifying value of that property;" and substituting "exceed the sum of the qualifying value of that property and $25 000;", and

(d) by repealing paragraph (a) of the definition of "qualifying value" and substituting the following:

(a) $275 000 if the property is located in the Greater Vancouver Regional District, the Fraser Valley Regional District or the Capital Regional District, or .

31 Section 5 is amended

(a) in subsection (1) by striking out "Subject to sections 6 to 12," and substituting "Subject to subsection (1.1) and sections 6 to 11,", and

(b) by adding the following subsection:

(1.1) If the fair market value of a qualifying property exceeds the qualifying value of the property, the exemption under subsection (1) is the amount calculated as follows:

where

FMV is the fair market value of the qualifying property,

PTT is the amount of tax that would be payable on the taxable transaction under section 2 (1) (a) but for the exemption under subsection (1), and

QV is the qualifying value of the qualifying property.

32 Section 6 is amended

(a) in subsections (1) and (2) by striking out "If" and substituting "Subject to subsection (3), if", and

(b) by adding the following subsection:

(3) If the fair market value of a qualifying property exceeds the qualifying value of the property, the exemption under subsection (1) or (2) is the amount calculated as follows:

where

E is the amount of the applicable exemption under subsection (1) or (2),

FMV is the fair market value of the qualifying property, and

QV is the qualifying value of the qualifying property.

33 Section 7 is amended

(a) in subsection (1) by striking out "A transferee entitled to an exemption in respect of an eligible transaction under section 5 or 6" and substituting "A transferee who is entitled to an exemption under section 5 or 6 in respect of an eligible transaction",

(b) by adding the following subsections:

(1.1) If a transferee is not entitled on the registration date to an exemption under section 5 or 6 in respect of an eligible transaction only because the transferee does not meet a requirement under paragraph (a) of the definition of "first time home buyer" on that date, the transferee may apply to the administrator for a refund of the tax paid by the transferee if

(a) the transferee meets a requirement under paragraph (a) of that definition on or before the first anniversary of the registration date, and

(b) the application for the refund is made within 18 months after the registration date.

(2.1) On receiving an application under subsection (1.1), the administrator

(a) if satisfied that the transferee

(i) would have qualified for an exemption under section 5 or 6 on the registration date but for the transferee's failure to meet a requirement under paragraph (a) of the definition of "first time home buyer" on that date, and

(ii) met a requirement under paragraph (a) of that definition on or before the first anniversary of the registration date,

must pay out of the consolidated revenue fund a refund of the portion of tax paid by the transferee that would have been exempted under section 5 or 6 had the requirement been met on the registration date, and

(b) if not satisfied that the transferee met a requirement under paragraph (a) of the definition of "first time home buyer" on or before the first anniversary of the registration date, must refuse the application and provide the transferee with written notice under subsection (3) of the refusal. , and

(c) in subsection (3) by striking out "subsection (1)" and substituting "subsection (1) or (1.1)".

34 Section 8 is amended

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

(2) For the purposes of subsection (1) (a), a transferee establishes a qualifying residence on a property if, on the registration date,

(a) the property contains a residential improvement that the transferee inhabits as the transferee's principal residence

(i) beginning on a date that is not more than 92 days after the registration date, and

(ii) continuing to a date that is not earlier than the first anniversary of the registration date, or

(b) the property does not contain a residential improvement but, before the first anniversary of the registration date, there is established on the property a residential improvement

(i) that the transferee inhabits as the transferee's principal residence

(A) beginning at the time it is completed, and

(B) continuing to a date that is not earlier than the first anniversary of the registration date, and

(ii) if the total costs incurred to establish the improvement, when added to the fair market value of the property at the registration date, do not exceed the sum of the qualifying value of the property and $25 000. , and

(b) in subsection (3) by repealing paragraph (a) and substituting the following:

(a) is between the transferee and a person that is not

(i) a corporation, other than a public company as defined in section 1 of the Business Corporations Act, S.B.C. 2002, c. 57, of which the transferee is a shareholder or of which one or more individuals who are related persons in relation to the transferee are shareholders,

(ii) a trustee on behalf of a trust of which the transferee is a beneficiary or of which one or more individuals who are related persons in relation to the transferee are beneficiaries, or

(iii) a related person in relation to the transferee, .

35 Section 9 is amended

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

(c) subject to subsection (1.1), fails, refuses or ceases to comply with the obligations under section 8. ,

(b) in subsection (2) by striking out "as a tax liability the amount of tax" and substituting "tax in the same amount", and

(c) by adding the following subsections:

(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,

(a) fails to establish a qualifying residence as required under section 8 (2) (a) (ii) or (2) (b) (i) (B) as applicable, or

(b) reduces by more than is permitted under section 8 (1) (c) the indebtedness secured by eligible securities registered against the property,

the transferee is liable under subsection (2.1) from the date that the earlier of the events referred to in paragraph (a) or (b) occurs.

(2.1) A transferee referred to in subsection (1.1) must pay to the administrator tax in the amount calculated in accordance with whichever of the following applies:

(a) if the period between the registration date and the date from which the transferee is liable under subsection (1.1) is greater than or equal to 360 days, the transferee is liable for the amount that would apply under subsection (2) reduced by 100%;

(b) if the period between the registration date and the date from which the transferee is liable under subsection (1.1) is less than 360 days, the transferee is liable for the amount that would apply under subsection (2) multiplied by

1 – (n/365)

where

n is the number of days between the registration date and the date from which the transferee is liable under subsection (1.1).

36 Section 10 is amended by striking out "Section 9 (1) and (2) does not apply" and substituting "Section 9 (1) to (2.1) does not apply".

37 Section 12 is repealed and the following substituted:

False declaration

12 If the administrator determines that a transferee who applies for an exemption under section 5 or 6 or for a refund under section 7

(a) is not qualified under section 5 to receive exemption from tax under section 2 (1) (a) or under section 7 for a refund, and

(b) provided a declaration under section 5 (2) or an application under section 7 that is false or misleading in respect of the matters referred to in paragraph (c) or (d) of the definition of "first time home buyer",

the transferee must pay to the administrator, in addition to the amount of tax that the transferee is obliged to pay the administrator under section 2 (1) (a) or 9, as applicable, a penalty in an amount equal to the amount of the exemption or refund claimed.

38 Section 14 is amended in the definition of "related individual" by striking out "a citizen or a permanent resident of Canada;" and substituting "a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);".

 
Purchasing Commission Act

39 Section 21 of the Purchasing Commission Act, R.S.B.C. 1996, c. 392, is repealed.

 
Social Service Tax Act

40 The definition of "mineral" in section 1 of the Social Service Tax Act, R.S.B.C. 1996, c. 431, is amended by striking out "but does not include petroleum, natural gas, building and construction stone, marble, shale, clay, sand, gravel," and substituting "building and construction stone, marble, shale, clay, sand and gravel, but does not include petroleum, natural gas,".

41 Section 73 (1) (a) is repealed and the following substituted:

(a) grain, mill and other agricultural feeds and seeds, except if used to feed

(i) a bird, a product of which does not ordinarily constitute food for human consumption, or

(ii) a household pet; .

42 Section 115 is amended

(a) in subsection (5) (a) by striking out "the amount of tax" and substituting "an amount equal to the amount of tax",

(b) by adding the following subsections:

(5.1) In prescribed circumstances, the commissioner must impose a penalty against a person who has certified incorrect information in a certification required under the regulations in relation to an exemption claimed by another person under section 76 (1) (k), consisting of both

(a) an amount equal to the amount of tax that was not paid in reliance on the certification, and

(b) interest calculated at the rate and in the manner prescribed.

(5.2) If the commissioner has imposed a penalty under subsection (5.1), the commissioner may not make an assessment under subsection (1) against the person who claimed the exemption in reliance on the certification provided by the person against whom the penalty under subsection (5.1) was imposed. , and

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

(6) The commissioner,

(a) if imposing a penalty under subsection (5), must not consider a period greater than 3 years, and

(b) if imposing a penalty under subsection (5.1), must not consider a period greater than 6 years.

43 Section 138 (1) (q) is amended

(a) by striking out "and" at the end of subparagraph (vi),

(b) in subparagraph (vii) by striking out "equipment;" and substituting "equipment, and", and

(c) by adding the following subparagraph:

(viii) prescribing the circumstances in which the commissioner must impose a penalty under section 115 (5.1); .

 
Taxation (Rural Area) Act

44 Section 1 of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, is amended by repealing the definition of "minister".

45 Section 15 (1) (r) is repealed and the following substituted:

(r) sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminating equipment; .

46 The following section is added:

Property tax collection fee

21.1 (1) In this section, "aggregate fee" means an amount the minister considers sufficient to cover

(a) the costs and outlays of the assessment and collection of the taxes to be collected in accordance with this Act under the authority of the Acts specified under subsection (2),

(b) interest on any money paid in advance of collection of those taxes, and

(c) losses through failure of collection of those taxes.

(2) The Surveyor of Taxes may add an aggregate fee to the amount to be collected under this Act, levied under any of the following:

(a) section 15 of the British Columbia Transit Act;

(b) section 25 of the Greater Vancouver Transportation Authority Act;

(c) section 25 of the Hospital District Act;

(d) section 48 of the Islands Trust Act;

(e) section 756 or 806.1 of the Local Government Act;

(f) section 8 of the Local Services Act;

(g) section 15 or 17 of the Municipal Finance Authority Act;

(h) section 4 of the University Endowment Land Act;

(i) a prescribed enactment.

(3) The Surveyor of Taxes may impose the amounts to be collected in accordance with this Act under an enactment specified in subsection (2) at rates that combine the rate or amount authorized under the enactment and the aggregate fee.

(4) Subject to subsection (5), the amount of an aggregate fee added under subsection (2) is deemed to be taxes for the purposes of this Act and the provisions of this Act respecting assessment, levy, collection and recovery of taxes and the addition of penalty and interest on unpaid taxes apply in respect of the aggregate fee.

(5) Despite any provision of an enactment referred to in subsection (2), aggregate fees under this section must be deducted from the amounts collected as taxes and retained to cover

(a) the costs and outlays of assessment and collection of taxes in rural areas,

(b) interest on any money paid in advance of collection of those taxes, and

(c) losses through failure of collection of those taxes.

 
Tobacco Tax Act

47 Section 2 (2) and (3) of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is amended by striking out "15¢" and substituting "16¢".

 
University Act

48 Section 54 (1) of the University Act, R.S.B.C. 1996, c. 468, is amended by adding "and held or used for university purposes" after "property vested in a university".

49 Section 71 is repealed and the following substituted:

Power to make regulations

71 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

(a) defining any expression used but not defined in this Act,

(b) for the purposes of section 27.1 (1) (b), and

(c) prescribing conditions or limitations for the purpose of section 54.

 
University Endowment Land Act

50 Section 4 (3) of the University Endowment Land Act, R.S.B.C. 1996, c. 469, is repealed.

 
Vancouver Charter

51 Section 396 (1) (e) of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:

(e) Sewage treatment plants, manure storage facilities, effluent reservoirs, effluent lagoons, deodorizing equipment, dust and particulate matter eliminating equipment: .

 
Transitional Provisions

Transitional -- revised ministerial accountability rules
in relation to anticipated federal healthcare funding

52 (1) The Minister of Health Services and the Minister of Health Planning

(a) may, at the time that the main estimates for the fiscal year 2003-2004 are presented, make public the service plans for their ministries under section 13 [service plans] of the Budget Transparency and Accountability Act for that fiscal year that are interim plans until the preparation of final plans reflecting anticipated new federal funding for healthcare arising from the First Ministers' Accord on Health Care Renewal reached on February 5, 2003,

(b) must include in the service plans under paragraph (a) ministerial accountability statements under section 13 (4) (e) of the Budget Transparency and Accountability Act that reflect the interim nature of the service plans, and

(c) must, at the same time as the Minister of Finance presents supplementary estimates to the Legislative Assembly reflecting the new federal funding for healthcare, make public final service plans for the fiscal year, including final ministerial accountability statements.

(2) For the purposes of sections 5 (1) and 6 (1) of the Balanced Budget and Ministerial Accountability Act as they apply to the ministers referred to in subsection (1) of this section for the 2003-2004 fiscal year, the estimated amount under section 6 (1) of that Act for each minister is the sum of the amounts appropriated for the operating expenses for which the minister is responsible

(a) in the main estimates for that fiscal year,

(b) in the supplementary estimates referred to in subsection (1) (c) of this section, and

(c) any other supplementary estimates reflecting the new federal funding for healthcare arising from the First Ministers' Accord on Health Care Renewal.

(3) In relation to the Minister of State for Mental Health and the Minister of State for Intermediate, Long Term and Home Care,

(a) the interim service plans under subsection (1) (a) must include ministerial accountability statements under section 13 (4) (f) of the Budget Transparency and Accountability Act that reflect the interim nature of the service plans, and

(b) the final service plans under subsection (1) (c) must include final ministerial accountability statements for the purposes of section 5 (3) of the Balanced Budget and Ministerial Accountability Act.

(4) For the purposes of sections 5 (3) and 6 (1) of the Balanced Budget and Ministerial Accountability Act as they apply to the ministers referred to in subsection (3) of this section, the Treasury Board regulation under section 5 (3) [expected results] of that Act is not required until the final service plans under subsection (1) (c) of this section are made public.

Transitional -- application of Regulations Act

53 The Regulations Act does not apply to

(a) the amendments to the BC Transportation Financing Authority Motor Fuel Tax Regulation, B.C. Reg. 272/93, enacted by sections 3 and 4, or

(b) the amendments to the Corporation Capital Tax Regulation, B.C. Reg. 79/96, enacted by section 9.

Transitional -- Build BC Act

54 Regulations made under section 19 of the Build BC Act may be made retroactive to March 1, 2003 if made before August 1, 2003 and if made retroactively are deemed to have come into force on the date specified in the regulation.

Transitional -- Motor Fuel Tax Act

55 Regulations made under the Motor Fuel Tax Act may be made retroactive to February 19, 2003, if

(a) authorized by section 71 (1) or (2) (i), (o.3) or (o.4) of the Motor Fuel Tax Act, and

(b) made before August 1, 2003,

and if made retroactive are deemed to have come into force on the date specified in the regulations.

Transitional -- Motor Fuel Tax Act

56 Regulations made under the Motor Fuel Tax Act may be made retroactive to a date on or after February 19, 1997, if

(a) authorized by section 71 (1) or (2) (g) or (r) of the Motor Fuel Tax Act, and

(b) made before August 1, 2003,

and if made retroactive are deemed to have come into force on the dates specified in the regulations.

Transitional -- Property Transfer Tax Act

57 (1) The following provisions of the Property Transfer Tax Act, as amended or enacted by this Act, apply only in relation to registrations of taxable transactions that occur on or after February 19, 2003:

(a) paragraph (b) of the definition of "eligible security" and the definitions of "first time home buyer", "qualifying value" and "qualifying property" in section 4;

(b) section 5 (1) and (1.1);

(c) section 6 (1), (2) and (3);

(d) section 7 (1.1), (2.1) and (3).

(2) The amendments by this Act to section 9 of the Property Transfer Tax Act, except the amendment to section 9 (2) of that Act, apply only in relation to transferees for whom the earlier of an event referred to in section 9 (1.1) of that Act occurs on or after February 19, 2003.

(3) The definitions referred to in subsection (1) (a) of this section and sections 5, 6 and 7 of the Property Transfer Tax Act, except section 7 (1) of that Act, continue to apply as they read immediately before their amendment by this Act in relation to the registrations of taxable transactions that occur before February 19, 2003.

(4) The re-enactment by this Act of section 8 (3) (a) of the Property Transfer Tax Act applies only in relation to replacement securities registered on or after February 19, 2003.

(5) Section 9 of the Property Transfer Tax Act, except the amendment by this Act to section 9 (2) of that Act, continues to apply as it read immediately before its amendment by this Act in relation to transferees for whom an event referred to in section 9 (1.1) of that Act occurs before February 19, 2003.

Transitional -- University Act

58 Regulations that may be made under the University Act as a result of the enactment of section 49 of this Act may, if made before December 31, 2003, be made retroactive to December 31, 2002, and a regulation made retroactive is deemed to have come into force on December 31, 2002.

Validation of interest calculation and authority for retroactive regulations

59 (1) In this section:

"government" includes an improvement district, a municipality or a regional district under the Local Government Act or the City of Vancouver under the Vancouver Charter;

"tax Acts" means the

(a) Corporation Capital Tax Act,

(b) Hotel Room Tax Act,

(c) Insurance Premium Tax Act,

(d) Local Government Act,

(e) Logging Tax Act,

(f) Motor Fuel Tax Act,

(g) Social Service Tax Act,

(h) Taxation (Rural Area) Act,

(i) Tobacco Tax Act, and

(j) Vancouver Charter.

(2) Whether or not the manner in which interest was calculated was otherwise authorized, interest calculated and charged before February 19, 2003 on amounts due to the government under the tax Acts is conclusively deemed

(a) to be owing to the government, and

(b) if paid to and accepted by the government, to have been validly collected by the government.

(3) Regulations under the tax Acts that prescribe the manner in which interest is calculated are retroactive to the extent necessary to permit the calculation and charging of interest after February 18, 2003 in circumstances where the interest is in relation to a liability under a tax Act that arose prior to that date.

(4) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Commencement

60 (1) Section 3 is deemed to have come into force on June 1, 1999 and is retroactive to the extent necessary to give it effect on and after that date as though made effective on that date by regulation under the Build BC Act, and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

(2) Section 4 is deemed to have come into force on April 1, 2000 and is retroactive to the extent necessary to give it effect on and after that date as though made effective on that date by regulation under the Build BC Act, and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

(3) Section 7 is deemed to have come into force on June 6, 2000 and is retroactive to the extent necessary to give it effect on and after that date.

(4) Section 8 is deemed to have come into force on September 1, 2002 and is retroactive to the extent necessary to give it effect on and after that date.

(5) Section 9 is deemed to have come into force on June 6, 2000 and is retroactive to the extent necessary to give it effect on and after that date as though made effective on that date by regulation under the Corporation Capital Tax Act.

(6) Sections 12, 13, 16, 18 to 20, 44 and 50, and section 46 except as it enacts section 21.1 (2) (a), (c) and (g) of the Taxation (Rural Area) Act, are deemed to have come into force on January 1, 2003 and are retroactive to the extent necessary to give them effect on and after that date.

(7) Sections 14 (a) and (c) and 15 come into force on January 1, 2004.

(8) Sections 14 (b), 27 to 38, 40 to 43, 47, 53, 57 and 59 (3) are deemed to have come into force on February 19, 2003 and are retroactive to the extent necessary to give them effect on and after that date.

(9) Sections 17, 45 and 51 come into force on December 31, 2003 for the purposes of the 2004 and subsequent taxation years.

(10) Sections 21 to 23, 25 and 26 come into force on April 1, 2003.

(11) Section 24 is deemed to have come into force on March 1, 2003 and is retroactive to the extent necessary to give it effect on and after that date, and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

(12) Section 46 as it enacts section 21.1 (2) (a), (c) and (g) of the Taxation (Rural Area) Act comes into force by regulation of the Lieutenant Governor in Council.

(13) Section 48 is deemed to have come into force on December 31, 2002, and is retroactive to the extent necessary to give it effect for the 2003 and following taxation years.

(14) Section 52 is deemed to have come into force on February 18, 2003.