BUDGET MEASURES IMPLEMENTATION (RESIDENTIAL PROPERTY (SHORT-TERM HOLDING) PROFIT TAX) ACT, 2024 (Third Reading)

Contents
Part 1 – Interpretation, Special Rules and Application of Act
	1	Definitions
	2	Reference aids
	3	Treatment of trusts
	4	Determining period person holds taxable property
	5	Related individuals
	6	Related persons
	7	Application of Act
Part 2 – Imposition of Tax
	Division 1 – Tax Payable
	8	Tax payable on net taxable income
	9	Amount of tax payable
	10	Amount of tax payable if property acquired on different dates
	Division 2 – Net Taxable Income
	11	Net taxable income
	12	Primary residence deduction
	Division 3 – Taxable Income
	13	Taxable income
	14	Proceeds of disposition
	15	Cost of acquisition
	16	Cost of improving residential property
	17	Ineligible amounts
Part 3 – Exemptions from Tax
	Division 1 – Exemptions for Persons
	18	Persons exempt from tax
	19	Exemption for specified beneficiaries
	Division 2 – Exemptions for Residential Property
	20	Exemption for residential property in specified locations
	Division 3 – Exemptions in Respect of Taxable Transactions
	21	Exemption for construction on residential property without housing unit
	22	Exemption for builders and developers
	23	Exemption for renovations and construction of additional housing units
	24	Exemption for exclusive commercial use
	25	Exemptions for specified circumstances
	26	Exemption if property acquired through lottery
	27	Exemption if property acquired as consequence of death
	28	Exemption respecting related persons
	29	Exemption if foreclosure
	30	Exemption respecting delay in construction or placement of housing unit
Part 4 – Administration and Enforcement
	Division 1 – Returns, Payment of Tax and Excess Refund
	31	Tax return – taxpayer
	32	Tax return – person dealing with property or business of taxpayer
	33	Extension of time
	34	Tax return on demand
	35	Exemption from filing tax return
	36	Form and contents of tax return
	37	Payment due with filed tax return
	38	When excess refund is payable
	Division 2 – Assessments
	39	Definitions for Division
	40	Examination of tax return and resulting assessment
	41	Assessments – general rules
	42	Consequential assessments after appeal
	43	Assessments of other amounts payable
	44	Assessments of penalties and interest
	45	Rules relating to assessments
	46	Notice of assessment
	47	Anti-avoidance rule
	Division 3 – Administrative Penalties
	48	Penalty for failure to file tax return
	49	Penalty for repeated failure to file tax return
	50	Penalty for failure to provide required information
	51	Penalty respecting information and records
	52	Penalty for interfering with inspection or audit
	53	Gross negligence
	54	Misrepresentation by third party
	55	Waiver or cancellation of penalty
	Division 4 – Interest
	56	Interest on unpaid taxes
	57	Interest on excess refund
	58	Interest on penalties
	59	Calculation of interest
	60	No interest if full payment within 30 days
	61	Waiver or cancellation of interest
	Division 5 – Refunds
	62	Refund of overpayment
	Division 6 – Inspections and Audits
	63	Inspection and audit powers
	64	Requirement to provide records
	65	Demand for information
	66	Records required to be kept
	67	Evidence – copies of records
Part 5 – Appeals
	68	Appeal to minister
	69	Notice of appeal
	70	Appeal to court
	71	Irregularities
	72	Tax collection not affected by pending appeal
	73	If decision set aside or amount reduced on appeal
Part 6 – Recovery of Amounts Owing
	74	Joint and several liability of trust beneficiaries
	75	Court proceeding to recover amount owing
	76	Summary proceedings
	77	Alternative remedies
	78	Attachment of funds
	79	Lien
	80	Responsibility of person having control of property
	81	Notice of enforcement proceedings
	82	Limitation period
Part 7 – General
	83	Definition for Part
	84	Designation of commissioner
	85	Delegation
	86	Duty of public bodies to provide information
	87	Communication of information
	88	Information-sharing agreements
	89	How and when documents are given by commissioner
	90	Proof of compliance
	91	Proof of receipt
	92	How and when documents are given by minister
	93	When payment is received
	94	When documents are filed with or given to commissioner
Part 8 – Offences
	95	General offences
	96	Penalties
	97	Offences for failure to provide records or information required by commissioner or for interference
	98	Offences in relation to confidential information
	99	Offence by corporation
	100	Limitation period for prosecution
	101	Section 5 of Offence Act
Part 9 – Regulations
	102	General regulation-making authority
	103	Regulations in relation to net taxable income and taxable income
	104	Regulations in relation to exemptions
	105	Regulations in relation to appeals
Part 10 – Transitional Provision and Amendments to This Act
	Division 1 – Transitional Provision
	106	Regulations in relation to transitional matters and difficulties
	Division 2 – Amendments to This Act
	107-108	Amendments to this Act
Part 11 – Consequential Amendment
	109	Consequential Amendment
	110	Commencement

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

Definitions

"assessment", in relation to an assessment under this Act, includes a reassessment;

"commercial property", in relation to a taxable property, means a portion of residential property comprising the taxable property that, subject to any regulations, is primarily used for a commercial purpose;

"commercial purpose", in relation to a residential property, does not include any of the following:

(c) providing accommodation, under a tenancy agreement or a short-term vacation rental arrangement, in a housing unit that is part of the residential property;

(d) a non-residential purpose carried out in a housing unit that is part of the residential property;

(a) subject to paragraph (b), the Commissioner of Income Tax appointed under the Income Tax Act, or

(b) another person designated under section 84 [designation of commissioner] of this Act by the minister to administer this Act;

"common-law partner" has the same meaning as in section 248 (1) of the federal Act;

"common-law partnership" means the relationship between 2 persons who are the common-law partners of one another;

"dispose", in relation to a disposition of taxable property, means a sale of the taxable property in exchange for consideration in money or in kind;

"housing unit" means a self-contained unit of residential accommodation with cooking, sleeping, bathroom and living area facilities, but does not include a float home or manufactured home as defined in section 1 of the Manufactured Home Park Tenancy Act;

"net taxable income", in relation to a taxpayer, means the taxpayer's net taxable income in respect of a taxable transaction as determined under section 11;

"primary residence", in relation to a period, means the place in which an individual resides longer than any other place during the period;

(a) a housing unit located in British Columbia together with any land subjacent or immediately contiguous to the housing unit;

(b) land located in British Columbia together with any building or other structure on or in the land if

(ii) no part of the land, building or other structure is otherwise included in paragraph (a);

"substantial renovation", in relation to an existing housing unit, means a renovation or alteration of the housing unit to the extent that

(a) all or substantially all of the housing unit is removed or replaced, other than structural components, which include, without limitation, the roof, foundation, external walls, interior supporting walls, floors and staircases, or

"taxpayer" means a person who is subject to tax, whether or not the person is liable to pay tax.

Reference aids

2 In this Act or a regulation made under this Act, if a reference to a provision of the federal Act is followed by italicized text in square brackets that is or purports to be descriptive of the subject matter of the provision, the text in square brackets

(b) is to be considered to have been added editorially for convenience of reference only.

Treatment of trusts

3 (1) In this Act, unless the context otherwise requires, a reference to a trust is to be read as including a reference to the trustee of the trust.

(a) a trust that holds residential property or a right to acquire residential property is deemed to hold, as trust property, property referred to in paragraph (a) or (b) of the definition of "taxable property",

(b) a disposition of that trust property by the trust is deemed to be a disposition of taxable property by the trust, and

(a) the person were a separate person in respect of any taxable property held by the person other than as a trustee of a trust, and

(b) the person were a separate person in respect of each trust for which the person is a trustee.

Determining period person holds taxable property

(2) The period during which a person holds taxable property is to be determined as follows:

(a) by counting forward from and including the day the person acquired the taxable property;

(3) If a person acquires a right to acquire taxable property in respect of which a housing unit is under development or proposed for development, exercises the right and acquires the taxable property, the person is deemed to have acquired that taxable property on the date the person acquired the right to acquire that taxable property.

(4) If a person acquires taxable property from a related person, the person is deemed, subject to subsection (5), to have acquired the taxable property on the date that the related person acquired the taxable property.

(5) If there is a series of acquisitions of a taxable property, each of which is the acquisition of the taxable property by a person from a related person, the last person who acquired the taxable property from a related person is deemed to have acquired that taxable property on the date that the person from whom that taxable property was first acquired in the series of acquisitions acquired that taxable property.

(6) Subsection (5) applies regardless of whether each person who acquired the taxable property in the series of acquisitions is related to each other.

(a) on the date consideration for the disposition of the taxable property is received or receivable by the person, or

(b) if the consideration is payable by instalment, on the date the first instalment is received or receivable by the person.

Related individuals

5 (1) For the purposes of this Act, individuals are related individuals or individuals related to each other if

(a) the individuals are connected by blood relationship, marriage, common-law partnership or adoption, or

(i) each of the individuals held the taxable property for a minimum of 365 consecutive days, and

(ii) the residential property comprising the taxable property includes a housing unit that was the primary residence of each of the individuals during the period each individual held that taxable property.

(d) by adoption if one individual has been adopted, either legally or in fact, as

(ii) the child of a person who is connected by blood relationship, otherwise than as a sibling, to the other individual.

(3) For the purposes of subsection (2), words referring to a child of an individual include

(ii) of whom the individual has, or immediately before the person attained the age of 19 years had, in law or in fact, custody and control,

(4) For the purposes of subsection (2), words referring to a sibling of an individual include a person who is

(a) the death of a spouse does not sever a connection between the surviving spouse and any other individual to whom the surviving spouse was connected immediately before the death of the spouse, and

(b) the death of a common-law partner does not sever a connection between the surviving common-law partner and any other individual to whom the surviving common-law partner was connected immediately before the death of the common-law partner.

Related persons

6 (1) For the purposes of this Act, the following are related persons, or persons related to each other:

(d) a new corporation and any predecessor corporations if the new corporation formed as a result of the amalgamation of 2 or more predecessor corporations.

(a) members, each of which is a person related to every other member of the group, or

(b) members, each of which, in relation to a corporation, is party to a written agreement respecting the right to elect directors of the corporation.

(3) For the purposes of this section, a corporation is controlled by a person or a group of persons if the person or group has the right to elect the majority of the directors of the corporation.

(4) For the purposes of this section, a person and one or more groups of persons may control a corporation.

(5) For the purposes of this section, an amalgamation of 2 or more corporations occurs if all of the following requirements are met:

(i) Division 3 of Part 9 of the Business Corporations Act or similar provisions of another enactment of British Columbia,

(ii) sections 181 to 186 of the Canada Business Corporations Act or similar provisions of another enactment of Canada, or

(b) all of the predecessor corporations are continued in the new corporation as a result of the amalgamation;

(c) the rights, properties and interests of each predecessor corporation continue to be the rights, properties and interests of the new corporation;

(d) the new corporation continues to be liable for the obligations of each predecessor corporation.

Application of Act

7 (1) This Act applies to a person separately in respect of each taxable transaction by the person.

(2) This Act applies to a person in respect of a taxable transaction that occurs on or after January 1, 2025.

Tax payable on net taxable income

8 If a person who holds taxable property disposes of the taxable property less than 730 days after the person acquired that taxable property, the person must pay to the government tax on the person's net taxable income in respect of that taxable transaction in the amount determined under section 9 or 10.

Amount of tax payable

9 (1) Subject to section 10, the amount of tax payable in respect of the taxable transaction is as follows:

(a) if the taxpayer held the taxable property for less than 366 days, the amount equal to 20% of the taxpayer's net taxable income in respect of that taxable transaction;

(b) if the taxpayer held the taxable property for more than 365 days, the amount obtained by multiplying the taxpayer's net taxable income in respect of that taxable transaction by the tax rate determined under subsection (2).

(2) For the purposes of subsection (1) (b), the tax rate is the rate, rounded to the nearest one-thousandth, or, if the result obtained is equidistant from 2 consecutive one-thousandths, to the higher one-thousandth, that is determined by the following formula:

Amount of tax payable if taxable property acquired on different dates

10 If the taxpayer acquired portions of the taxable property on different dates, the amount of tax payable by the taxpayer in respect of the taxable transaction is the amount determined by

(a) making a separate calculation of the amount of tax payable under section 9 and each other amount determined under Divisions 2 and 3 of this Part in respect of each portion of the taxable property that was acquired by the taxpayer on a particular date and disposed of on a particular date, and

(b) totalling all amounts calculated in accordance with paragraph (a) of this section.

Net taxable income

11 (1) A taxpayer's net taxable income in respect of a taxable transaction is equal to the taxpayer's taxable income in respect of the taxable transaction in the amount determined under section 13 less any amount deducted under section 12.

(2) If a taxpayer's net taxable income in respect of a taxable transaction as determined under subsection (1) would, but for this subsection, be a negative amount, the taxpayer's net taxable income is deemed to be zero.

Primary residence deduction

12 (1) For the purposes of computing a taxpayer's net taxable income in respect of a taxable transaction, a taxpayer who is an individual may deduct the amount determined under subsection (2) if

(a) the taxpayer held the taxable property that is the subject of the taxable transaction for a minimum of 365 consecutive days, and

(b) the residential property comprising the taxable property includes a housing unit that was the taxpayer's primary residence during the period the taxpayer held that taxable property.

(2) For the purposes of subsection (1), a taxpayer may deduct the amount determined by the following formula:

(3) For the purposes of computing a taxpayer's net taxable income in respect of a taxable transaction, a taxpayer that is a trust may deduct an amount determined under subsection (4) if

(a) the taxpayer held the taxable property that is the subject of the taxable transaction for a minimum of 365 consecutive days, and

(b) that taxable property includes a housing unit that was the primary residence of at least one beneficiary of the trust during the period the taxpayer held the taxable property.

(4) For the purposes of subsection (3), a taxpayer that is a trust may deduct the total of all amounts each of which is an amount determined by the following formula:

Taxable income

13 (1) Subject to this section, a taxpayer's taxable income in respect of a taxable transaction is equal to the amount determined by deducting the following amounts from the proceeds from the disposition of the taxable property:

(b) the taxpayer's cost of improving the residential property comprising the taxable property.

(2) If a taxpayer's taxable income in respect of a taxable transaction as determined under subsection (1) would, but for this subsection, be a negative amount, the taxpayer's taxable income is deemed to be zero.

(3) If a taxpayer disposes of a portion of the taxpayer's taxable property, the taxpayer may deduct under subsection (1) only that portion of the amounts referred to in subsection (1) (a) and (b) corresponding to the portion of the taxable property disposed of by the taxpayer.

Proceeds of disposition

14 (1) For the purposes of section 13, a taxpayer's proceeds from the disposition of taxable property are, subject to subsection (2), equal to the consideration received or receivable by the taxpayer for the disposition of the taxable property less the following amounts paid or payable by the taxpayer in respect of the disposition of the taxable property:

(d) costs of a home inspection carried out by a home inspector licensed under the Business Practices and Consumer Protection Act;

(e) costs of a survey of any residential property comprising the taxable property;

(2) For the purposes of computing a taxpayer's proceeds from the disposition of taxable property under subsection (1),

(a) the taxpayer is not required to include an amount of consideration received or receivable for the disposition of taxable property that is attributable to the disposition of commercial property, and

(b) the taxpayer may not deduct from any consideration received or receivable for the disposition of taxable property an amount of a cost referred to in subsection (1) (a) to (f) that is attributable to the disposition of commercial property.

Cost of acquisition

15 (1) For the purposes of section 13, a taxpayer's cost of acquiring taxable property is, subject to subsection (2), equal to the total of the consideration paid or payable by the taxpayer to acquire the taxable property and the following amounts paid or payable by the taxpayer in respect of the acquisition of the taxable property:

(a) tax under section 2 (1) [general tax imposed] of the Property Transfer Tax Act, not including interest and penalties;

(e) costs of a home inspection carried out by a home inspector licensed under the Business Practices and Consumer Protection Act;

(g) costs of a survey of any residential property comprising the taxable property;

(2) For the purposes of computing a taxpayer's cost of acquiring taxable property, the taxpayer may not, under subsection (1), include the following:

(a) an amount of consideration paid or payable by the taxpayer to acquire the portion of the taxable property that, at the time of the disposition, is commercial property;

(b) an amount of a tax, cost or fee referred to in subsection (1) (a) to (j) that is attributable to the acquisition of the portion of the taxable property that, at the time of the disposition, is commercial property.

Cost of improving residential property

16 (1) For the purposes of section 13 [taxable income], a taxpayer's cost of improving residential property comprising the taxable property is, subject to this section, equal to the total of the following amounts:

(a) each outlay made or expense paid or payable by the taxpayer for an improvement that is of an enduring nature;

(b) the cost, paid or payable by the taxpayer, of any range, refrigerator, washing machine, dryer or other major appliance, other than a prescribed appliance, disposed of with the residential property;

(c) costs, other than prescribed costs, paid or payable by the taxpayer to assess the feasibility of constructing or placing a new housing unit on the residential property or undertaking a substantial renovation of an existing housing unit that is part of the residential property;

(2) The costs of the following outlays or expenses may not be included under subsection (1) (a):

(4) For the purposes of computing a taxpayer's cost of improving residential property comprising the taxable property, the taxpayer may not, under subsection (1), include any amount of an outlay, expense or cost referred to in subsection (1) (a) to (d) that is attributable to commercial property.

Ineligible amounts

17 (1) Despite sections 14 (1), 15 (1) and 16 (1), an amount referred to in subsection (2) of this section may not be

(a) deducted under section 14 (1) from any consideration received or receivable by the taxpayer,

(b) included under section 15 (1) in the taxpayer's cost of acquiring taxable property, or

(a) costs otherwise paid or payable by the taxpayer to the extent that the taxpayer has been reimbursed or that an amount is receivable, or reasonably expected to be receivable, as a reimbursement at the time of filing of a tax return, whether the amount reimbursed or to be reimbursed is received as

(i) an inducement, whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form of inducement,

(iii) assistance, whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form of assistance;

(d) an amount that is in respect of an outlay or expense described in section 67.5 (1) [non-deductibility of illegal payments] of the federal Act;

Persons exempt from tax

(d) the shíshálh Nation continued under the shíshálh Nation Self-Government Act (Canada);

(e) the shíshálh Nation Government District continued under the shíshálh Nation Self-Government Act (Canada);

(g) the Westbank First Nation as defined in the agreement approved under the Westbank First Nation Self-Government Act (Canada);

(2) Subject to subsections (3) and (4), a person is exempt from tax in respect of a taxable transaction if the person is any of the following on the date of the taxable transaction:

(b) an association as defined in section 1 (1) of the Cooperative Association Act;

(f) an organization included in the government reporting entity as defined in section 1 (1) of the Budget Transparency and Accountability Act;

(g) a government body as defined in section 1 of the Financial Administration Act;

(h) a local public body as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act;

(i) a public body referred to in Schedule 2 of the Freedom of Information and Protection of Privacy Act;

(m) a corporation described in section 149 (1) (i) [miscellaneous exemptions] of the federal Act;

(n) a non-profit organization described in section 149 (1) (l) of the federal Act;

(o) a limited-dividend housing company described in section 149 (1) (n) of the federal Act;

(3) A trust is exempt from tax in respect of a taxable transaction if, on the date of the taxable transaction,

(a) the trustee of the trust is a person referred to in subsection (2) (a), (b), (m), (n), (o) or (p), or

(b) all of the beneficiaries of the trust are persons referred to in subsection (2) (a) to (p).

(4) A partnership is exempt from tax in respect of a taxable transaction if, on the date of the taxable transaction, all of the partners in the partnership are persons referred to in subsection (2) (a) to (p).

Exemption for specified beneficiaries

19 A person is exempt from tax in respect of a taxable transaction if, in respect of the taxable transaction, the person is a beneficiary of a real estate investment trust, as defined in section 122.1 (1) of the federal Act, or other prescribed trust.

Exemption for residential property in specified locations

(d) shíshálh lands as defined in section 2 (1) of the shíshálh Nation Self-Government Act (Canada);

(f) Other Maa-nulth First Nation Lands as defined in the Definitions Chapter of the Maa-nulth First Nations Final Agreement;

(g) Other Tla'amin Lands as defined in the Definitions Chapter of the Tla'amin Final Agreement;

(h) Other Tsawwassen Lands as defined in the Definitions Chapter of the Tsawwassen First Nation Final Agreement.

Exemption for construction on residential property without housing unit

21 (1) In this section, "building activity" means any of the following activities relating to the construction or placement of a housing unit on a residential property:

(2) A person is exempt from tax in respect of a taxable transaction consisting of a disposition of property referred to in paragraph (a) of the definition of "taxable property" if all of the following apply:

(i) during the period the person held the taxable property that is the subject of the taxable transaction, and

(ii) in relation to the construction or placement of a housing unit on the residential property comprising the taxable property;

(b) that residential property did not include a housing unit when the person acquired the taxable property.

Exemption for builders and developers

(a) despite section 6 (1) (a) and (b) [related persons], persons related to each other do not include related individuals or an individual who is a person related to a corporation,

(d) persons related to each other include a corporation and each member of a group of persons who control the corporation.

(3) A person is exempt from tax in respect of a taxable transaction consisting of a disposition of property referred to in paragraph (a) of the definition of "taxable property" if all of the following apply:

(a) in the ordinary course of the person's business, the person or another person related to that person ordinarily undertakes

(i) the buying and selling of property for the purpose of constructing or placing buildings on the property, and

(ii) the construction or placement of buildings on property held for that purpose;

(b) the taxable property that is the subject of the taxable transaction was held by the person for the purpose referred to in paragraph (a) (ii).

Exemption for renovations and construction of additional housing units

23 (1) Subject to this section, a person is exempt from tax in respect of a taxable transaction consisting of a disposition of property referred to in paragraph (a) of the definition of "taxable property" if, during the period the person held that taxable property, any of the following apply:

(a) there is a substantial renovation of an existing housing unit on the residential property comprising the taxable property;

(b) there is a demolition of an existing housing unit on the residential property comprising the taxable property and a new housing unit is constructed or placed on that residential property;

(c) there is a housing unit added to an existing housing unit on the residential property comprising the taxable property;

(d) there is a housing unit constructed or placed on the residential property comprising the taxable property and there is an existing housing unit on the residential property.

(2) Subsection (1) applies only if the renovation, addition, construction or placement of the housing unit is in accordance with the following, as applicable:

(a) a bylaw of a local government with jurisdiction over the residential property;

Exemption for exclusive commercial use

24 (1) Subject to subsection (2), a person is exempt from tax in respect of a taxable transaction consisting of a disposition of property referred to in paragraph (a) of the definition of "taxable property" if, during the entire period the person held the taxable property, the residential property comprising that taxable property was used exclusively for a commercial purpose.

(2) Subsection (1) does not apply to a person if, in respect of the taxable transaction, the person is exempt from tax under any of the following provisions:

(a) section 21 [exemption for construction on residential property without housing unit];

Exemptions for specified circumstances

25 (1) In this section, "eligible relocation" means a relocation of an individual that occurs to enable the individual

(b) to be a student enrolled full-time in a program at a post-secondary level at a particular location of a university, college or other educational institution.

(2) Subject to subsection (5), a person who is an individual is exempt from tax in respect of a taxable transaction if the taxable transaction can reasonably be considered to occur due to, or in anticipation of, one or more of the following events:

(b) a serious illness or disability of the person or an individual related to the person;

(i) both of the following apply in respect of the taxable property that is the subject of the taxable transaction:

(A) the residential property comprising the taxable property includes a place that was the primary residence of the person during the period beginning on the date the person acquired the taxable property and ending on the date that is the earlier of the relocation and the disposition of the taxable property;

(B) the distance between the place referred to in clause (A) and the particular location referred to in the definition of "eligible relocation" is at least 40 km greater than the distance between the new residence after the relocation and that particular location, or

(ii) all of the following apply in respect of the taxable property that is the subject of the taxable transaction:

(A) the person did not reside in the residential property comprising the taxable property for a longer period than any other place during the period beginning on the date the person acquired the taxable property and ending on the date that is the earlier of the relocation and the disposition of the taxable property;

(B) the distance between the place that was the person's primary residence during the period referred to in clause (A) and the particular location referred to in the definition of "eligible relocation" is at least 40 km greater than the distance between the new residence after the relocation and that particular location;

(C) the distance between the residential property referred to in clause (A) and the new residence referred to in clause (B) is at least 100 km greater than the distance between the residential property referred to in clause (A) and the place referred to in clause (B);

(d) one or more individuals related to the person becoming a member of the person's household or the person becoming a member of the household of a related individual;

(3) Subject to subsection (5), a person who is an individual is exempt from tax in respect of a taxable transaction if the taxable transaction can reasonably be considered to occur due to one or more of the following events that occurred before the disposition of the taxable property:

(a) the breakdown of the marriage or common-law partnership of the person if the person has been living separate and apart from their spouse or common-law partner for at least 90 days prior to the disposition of the taxable property;

(b) an involuntary termination of the employment of the person or the person's spouse or common-law partner;

(4) Subject to subsection (5), a person is exempt from tax in respect of a taxable transaction if the taxable transaction can reasonably be considered to occur due to one or more of the following events that occurred before the disposition of the taxable property:

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

(b) the person has had a bankruptcy order made against them under the Bankruptcy and Insolvency Act (Canada);

(c) the person is a corporation and has obtained a court order granting a stay of proceedings under section 11.02 of the Companies' Creditors Arrangement Act (Canada);

(d) the person has had a winding-up order made against them under the Winding-Up and Restructuring Act (Canada) based in whole or in part on the person being insolvent;

(e) the person has made an application to the administrator under section 5 of the Farm Debt Mediation Act (Canada) and has been found by the administrator to be eligible to make that application;

(f) the person is a corporation and the only shareholder of the corporation is a person who is described in paragraph (a), (b), (c), (d) or (e);

(g) a housing unit becomes uninhabitable because the housing unit is destroyed by, or a housing unit may not be constructed on land comprising residential property because of damage caused by, any of the following:

(5) A trust is exempt from tax in respect of a taxable transaction if a beneficiary of the trust would be exempt under subsection (2), (3) or (4) if the subsection were read as if the beneficiary were the person in respect of the taxable transaction.

Exemption if property acquired through lottery

26 A person is exempt from tax in respect of a taxable transaction if the person acquired the taxable property as a result of any of the following:

(a) a lawful lottery scheme within the meaning of section 207 of the Criminal Code;

(b) a draw or awarding of a prize if the only consideration provided by the person when the person acquired the taxable property is in the form of an entrance or admission fee, a ticket fee or another similar charge.

Exemption if property acquired as consequence of death

27 A person is exempt from tax in respect of a taxable transaction if the person acquired the taxable property as a direct consequence of the distribution of the property of a deceased person.

Exemption respecting related persons

28 A person, other than a trust, is exempt from tax in respect of a taxable transaction if the person disposed of the taxable property only to one or more related persons.

Exemption if foreclosure

29 A person is exempt from tax in respect of a taxable transaction if the person's disposition of the taxable property is due to any of the following:

(a) the exercise of a power of sale by the registered owner of a charge on the residential property;

Exemption respecting delay in construction or placement of housing unit

30 (1) A person is exempt from tax in respect of a taxable transaction consisting of a disposition of property referred to in paragraph (b) of the definition of "taxable property" if all of the following apply:

(a) at the time the person acquired the taxable property, a housing unit was to be constructed or placed on the residential property comprising the taxable property that is the subject of the taxable transaction;

(b) during the period the person held the taxable property, the person was provided with an estimated completion date for the construction or placement of the housing unit that was more than 365 days after the estimated completion date provided to the person at the time of acquisition;

(c) each estimated completion date referred to in paragraph (b) of this subsection was provided in writing by a person who ordinarily undertakes the activities described in section 22 (3) (a) (i) and (ii) [exemption for builders and developers] in the ordinary course of that person's business.

(2) If an estimated completion date is not provided at the time of acquisition to the person who acquired the taxable property, for the purposes of subsection (1) (b), the last estimated completion date provided in accordance with subsection (1) (c) before the person acquired the taxable property is deemed to have been provided to the person at the time of acquisition.

Tax return – taxpayer

31 (1) Subject to this section and section 35 [exemption from filing tax return], a taxpayer must file with the commissioner a separate tax return in respect of each taxable transaction by the taxpayer.

(2) If the taxpayer is a partnership, the partnership must file a single tax return in respect of each taxable transaction by the partnership.

(3) The taxpayer must, without notice or demand, file the tax return under subsection (1) within 90 days after the date of the taxable transaction.

Tax return – person dealing with property or business of taxpayer

32 A trustee in bankruptcy, assignee, liquidator, receiver, administrator or any other person administering, managing, winding up, controlling or otherwise dealing with the property or business of a taxpayer who has not filed a tax return required under section 31 must file the tax return with the commissioner within 90 days after the date on which the person began dealing with the property or business of the taxpayer.

Extension of time

33 The commissioner may at any time extend the time established by section 31 or 32 for filing a tax return.

Tax return on demand

34 (1) On written demand given to a person by the commissioner, the person must file with the commissioner, on or before the date specified in the demand, a tax return in respect of a taxable transaction.

(2) Subsection (1) applies whether or not a tax return has been or is required to be filed under section 31 or 32.

Exemption from filing tax return

35 A taxpayer is exempt from filing a tax return under section 31 [tax return – taxpayer] in respect of a taxable transaction in any of the following circumstances:

(a) under section 18 [persons exempt from tax] or 19 [exemption for specified beneficiaries], the taxpayer is a person who is exempt from tax;

(b) under section 20 [exemption for residential property in specified locations], the residential property comprising the taxable property that is the subject of the taxable transaction is exempt from tax;

(c) under section 24 [exemption for exclusive commercial use], the taxpayer is a person who is exempt from tax in respect of the taxable transaction;

Form and contents of tax return

36 (1) A tax return must be in the form and contain the information required by the commissioner.

(a) file the tax return electronically in the manner required by the commissioner, and

(b) file, with the tax return, any other information or records required by the commissioner.

Payment due with filed tax return

37 On or before the date a taxpayer is required to file a tax return in respect of a taxable transaction, the taxpayer must pay to the government the amount remaining unpaid of the taxpayer's tax payable in respect of the taxable transaction.

When excess refund is payable

38 (1) If it appears from an inspection, audit, examination or investigation or from other information available to the commissioner that an amount has been refunded to a person in excess of the amount to which the person was entitled as a refund under this Act, the excess is deemed to be an amount that became payable to the government by the person on the day on which the amount was refunded.

(2) If an amount applied under section 62 (2) [refund of overpayment] to an amount owing by a person is in excess of the amount to which the person is entitled as a refund under this Act, this section applies in respect of the amount applied as if that amount had been refunded to the person on the day the amount was applied to the amount owing.

Definitions for Division

"normal reassessment period" means the period referred to in section 41 (1) (b) [assessments – general rules] for a person in respect of a taxable transaction.

Examination of tax return and resulting assessment

40 After the commissioner receives a taxpayer's return in respect of a taxable transaction and any other information or records required to be filed with the tax return, the commissioner must

(b) assess the taxpayer for any assessable amounts in respect of the taxable transaction.

Assessments – general rules

41 (1) The commissioner may assess a person for an assessable amount in respect of a taxable transaction

(i) the person has failed to file a tax return in respect of the taxable transaction,

(ii) the person or a person filing the person's tax return in respect of the taxable transaction has made any misrepresentation or committed any fraud

(B) in supplying, at any time, other information or records under this Act in respect of the taxable transaction, or

(iii) a waiver filed under subsection (2) by the person in respect of the taxable transaction is in effect at that time, or

(b) within 6 years after the date of the original notice of assessment for the taxable transaction, in any other case.

(2) A person may, before the expiration of the normal reassessment period for a taxable transaction, file with the commissioner a waiver for the taxable transaction.

(3) A waiver filed under subsection (2) continues in effect until 6 months after the person files with the commissioner a notice revoking the waiver.

(4) A waiver filed under subsection (2) and a notice filed under subsection (3) must be filed in the form and manner, and containing the information, required by the commissioner.

(5) Despite subsection (1), an assessment to which subsection (1) (a) (ii) or (iii) applies in respect of a person for a taxable transaction may be made after the person's normal reassessment period for the taxable transaction, but only to the extent that the assessment can reasonably be considered as relating to,

(a) if subsection (1) (a) (ii) applies to the assessment, any misrepresentation made by the person or another person who filed the person's tax return for the taxable transaction or any fraud committed by the person or that other person in filing the tax return or in supplying any other information or records under this Act, or

(b) if subsection (1) (a) (iii) applies to the assessment, a matter specified in the waiver filed with the commissioner for the taxable transaction.

(6) The authority of the commissioner to assess a person for an assessable amount under sections 42 to 44

(a) is in addition to the authority to make an assessment under section 40 or this section,

(b) is not limited by the authority to make an assessment under section 40 or this section, and

Consequential assessments after appeal

(a) a court has, on the disposition of an appeal by the person in respect of an assessment,

(b) any further appeal is disposed of or the time for filing any further appeal has expired.

(2) If this section applies in relation to a person, the commissioner must reassess the person for an assessable amount in accordance with the decision of the court.

Assessments of other amounts payable

43 The commissioner may at any time assess a person for any amount payable under section 38 [when excess refund is payable].

Assessments of penalties and interest

44 (1) The commissioner may assess a person for a penalty to which the person is liable under this Act, and any interest payable in relation to the penalty, but the assessment may not be made after the latest of the applicable dates by which the commissioner may assess, under the following provisions, a person in respect of whose liability the penalty is assessed:

(a) as is necessary to give effect to a cancellation under section 55 [waiver or cancellation of penalty] of all or part of a penalty otherwise payable under this Act by the person, or

(b) as is necessary to give effect to a cancellation under section 61 [waiver or cancellation of interest] of all or part of any interest otherwise payable under this Act by the person.

Rules relating to assessments

45 (1) Despite a prior assessment, or if no assessment has been made, a person continues to be liable for an amount owing to the government under this Act.

(a) is not bound by a tax return filed under this Act or any other information or records supplied under this Act, and

(b) may assess an assessable amount despite the filing of a tax return or the supply of any other information or records under this Act or if no tax return has been filed.

(3) Subject to being amended or varied on appeal or by a reassessment, an assessment is valid and binding despite any error, defect or omission in the assessment or in procedure.

Notice of assessment

46 (1) After making an assessment in respect of a person, the commissioner must give the person a notice of assessment that includes a statement of the assessable amounts.

(2) If a notice of assessment has been given to a person as required by this Act, the assessment is deemed to have been made on the date of the notice.

(3) Evidence that a notice of assessment has been given is proof, in the absence of evidence to the contrary, that the amounts assessed under this Act are due and owing, and the onus of proving otherwise is on the person liable to pay the amounts assessed.

Anti-avoidance rule

(a) that, but for this section, would result, directly or indirectly, in a tax benefit, or

(b) that is part of a series of transactions, which series, but for this section, would result, directly or indirectly, in a tax benefit,

but does not include a transaction that may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than obtaining a tax benefit;

(b) any amount, other than an amount referred to in paragraph (a), that is payable or refundable to the person under this Act or that is relevant for the purposes of calculating that amount;

(2) For the purposes of this section, a series of transactions is deemed to include any related transactions completed in contemplation of the series.

(3) If a transaction is an avoidance transaction, the commissioner may determine the tax consequences to a person in a manner that is reasonable in the circumstances in order to deny a tax benefit that, but for this section, would result, directly or indirectly, from that transaction or from a series of transactions that includes that transaction.

(4) The tax consequences to any person, after the application of this section, must be determined only through an assessment under section 41 [assessments – general rules].

Penalty for failure to file tax return

48 A taxpayer who fails to file a tax return under section 31 [tax return – taxpayer] in respect of a taxable transaction within the time required under that section is liable to a penalty equal to the total of the following:

(ii) 5% of the amount remaining unpaid of the taxpayer's tax payable in respect of the taxable transaction on the date the tax return was required to be filed;

Penalty for repeated failure to file tax return

49 (1) A taxpayer is liable to a penalty determined under subsection (2) if all of the following apply:

(a) the taxpayer fails to file a tax return under section 31 [tax return – taxpayer] in respect of a taxable transaction within the time required under that section;

(b) the taxpayer subsequently fails to file a tax return under section 34 [tax return on demand] in respect of a taxable transaction within the time required under that section;

(2) For the purposes of subsection (1), the penalty is equal to the total of the following:

(ii) 10% of the amount remaining unpaid of the taxpayer's tax payable in respect of the taxable transaction on the date the tax return referred to in subsection (1) (a) was required to be filed;

Penalty for failure to provide required information

50 If a person who is required to file a tax return fails to include in the return any required information or fails to file with the return any other required information or records, the person is liable, in respect of each failure, to a penalty equal to the greater of

(b) $25 for each day during which the failure continues, to a maximum of $2 500.

Penalty respecting information and records

51 (1) A person who fails to comply with a provision specified in subsection (2) is liable, in respect of each failure, to a penalty equal to the greater of

(b) $25 for each day during which the failure continues, to a maximum of $2 500.

(a) section 63 (3) (a) [production of records and answering questions at specified location];

Penalty for interfering with inspection or audit

52 A person who contravenes section 63 (8) (a) or (b) [interfering with inspection or audit] is liable to a penalty of $100 for each contravention.

Gross negligence

53 (1) In this section, "additional tax" means the amount by which the tax payable in respect of a taxable transaction calculated on the basis of accurate and complete information exceeds the tax payable in respect of the taxable transaction calculated on the basis of the false statement or omission described in subsection (2).

(2) If a taxpayer knowingly, or under circumstances amounting to gross negligence, makes, or participates in, assents to or acquiesces in the making of, a false statement or an omission in a tax return, notice or other record filed or supplied or in information supplied under this Act in respect of a taxable transaction, the taxpayer is liable to a penalty equal to the greater of

Misrepresentation by third party

54 (1) Section 163.2 [misrepresentation of a tax matter by a third party] of the federal Act applies for the purposes of this Act with the changes the circumstances require for the purposes of this Act.

(2) Without limiting subsection (1), in applying section 163.2 of the federal Act for the purposes of this Act, the following rules apply:

(a) a reference in that section to the federal Act is to be read as a reference to this Act;

(b) a reference in that section to an assessment is to be read as a reference to an assessment under this Act;

(c) that section is to be read without reference to the definition of "excluded activity" in subsection (1) of that section and without reference to subsections (7) and (8) (b) (i) and (ii) of that section;

(i) the reference to "subsection 163 (2)" were a reference to section 53 (2) of this Act, and

(ii) the reference to "return filed for the purposes of this Act" were a reference to "tax return, notice or other record filed or supplied or in information supplied under this Act";

(e) subsection (10) of that section must be read as if the reference to section 163 (3) were a reference to subsection (3) of this section;

(f) subsection (15) of that section must be read as if the reference to "or an employee engaged in an excluded activity" were excluded.

(3) In an appeal to the Supreme Court under section 70 [appeal to court] of this Act, the onus is on the minister to establish the facts justifying the assessment of a penalty to which a person is liable under this section.

Waiver or cancellation of penalty

55 The commissioner may at any time waive or cancel all or part of any penalty otherwise payable by a person under this Act.

Interest on unpaid taxes

56 If a taxpayer fails to pay tax as required under section 37 [payment due with filed tax return], the taxpayer must pay to the government interest on the amount unpaid from the date the tax was payable under that section until the date of payment.

Interest on excess refund

57 If an amount is deemed under section 38 (1) [when excess refund is payable] to be an amount payable by a person, the person is liable to pay interest on the amount from the date the amount became payable under that section until the date of payment.

Interest on penalties

58 A person must pay to the government interest on a penalty assessed under this Act as follows:

(a) in the case of a penalty under section 48 [penalty for failure to file tax return], from the date on which the tax return was required to be filed until the date of payment;

(b) in the case of a penalty under section 49 [penalty for repeated failure to file tax return], from the date on which the tax return referred to in subsection (1) (a) of that section was required to be filed until the date of payment;

(c) in the case of a penalty under section 50 [penalty for failure to provide required information], from the date on which the tax return was filed until the date of payment;

(d) in the case of a penalty under section 53 (2) [gross negligence], from the date on which the tax return, notice or other record was filed or supplied, or the date on which the information was supplied, until the date of payment;

(e) in the case of any other penalty, from the date of the notice of assessment that specifies the amount of the penalty assessed until the date of payment.

Calculation of interest

59 Interest payable to the government under this Act must be calculated at the prescribed rate and in the prescribed manner.

No interest if full payment within 30 days

(a) a notice of assessment or statement of account given to a person by the commissioner specifies an amount that is owing to the government under this Act by the person, and

(b) the person, within 30 days after the date of the notice of assessment or statement of account, pays the amount owing in full,

interest is not payable on the amount owing from the date of the notice of assessment or statement of account until the date of payment.

Waiver or cancellation of interest

61 The commissioner may at any time waive or cancel all or part of any interest otherwise payable under this Act by a person.

Refund of overpayment

62 (1) If the commissioner believes, based on the results from an inspection, audit, examination or investigation or other information available to the commissioner, that an overpayment has been made under this Act by a person, the minister, on the certificate of the commissioner as to the facts, must refund the amount overpaid to the person from the consolidated revenue fund.

(2) Despite subsection (1), if there is an amount owing to the government under this Act by the person, the amount overpaid must first be applied in satisfaction of the amount owing, and notice must be given to the person, accompanied by the refund of the amount overpaid and remaining unapplied.

(3) Despite subsections (1) and (2), if the amount to be refunded under subsection (1) or (2) is less than $10, the amount overpaid, and, in the case of subsection (2), remaining unapplied, is deemed to be zero.

Inspection and audit powers

(a) used by a person as a residence or in relation to a business carried on by the person, or

(2) Subject to subsection (4), the commissioner may, at any reasonable time and for any purpose related to the administration or enforcement of this Act and the regulations,

(d) subject to subsection (7), remove records from the specified location for the purpose of making copies.

(3) A person occupying a specified location must do all of the following, as applicable:

(a) produce or provide electronic access to all records as may be required by the commissioner;

(b) in the case of records in electronic form, produce or provide electronic access to the records in the form and manner required by the commissioner;

(4) The power to enter a specified location under subsection (2) must not be used to enter a specified location that is occupied as a residence without the consent of the occupier except under the authority of a warrant issued under subsection (5).

(5) On being satisfied by evidence on oath that entry on or into any place is necessary for any purpose relevant to the administration or enforcement of this Act and the regulations, a justice may issue a warrant authorizing an individual named in the warrant to enter the place in accordance with the warrant in order to exercise the powers referred to in subsection (2) (a) to (d).

(6) The commissioner may make an application for a warrant under subsection (5) without notice to any other person.

(7) If the commissioner removes records from a specified location for the purpose of making copies, the commissioner must return the records within a reasonable time.

(a) interfere with, hinder or molest a person doing anything that the person is authorized to do under this section, or

(b) prevent or attempt to prevent a person from doing anything that the person is authorized to do under this section.

Requirement to provide records

64 When required by the commissioner, a person must provide to the commissioner all records that the commissioner considers necessary to determine whether this Act and the regulations are being or have been complied with.

Demand for information

65 (1) For any purpose related to the administration or enforcement of this Act or the regulations, the commissioner may, by giving a person a demand notice, require from the person

(a) must be given by leaving the demand notice with the person or by sending the demand notice to the person by registered mail,

(b) must specify a reasonable time by which the person must comply with the demand notice, and

(c) in relation to a requirement under subsection (1) (c), may require the written statement to be made by way of affidavit or statutory declaration.

(3) A person to whom a demand notice is given under this section must comply with the notice within the time specified in the notice.

(4) The commissioner may issue a document certifying one or both of the following, and the document is proof of the facts certified in it:

(b) a person has failed to comply with subsection (3) in respect of a demand notice given to the person under this section.

Records required to be kept

(2) If the records kept by a taxpayer are, in the opinion of the commissioner, not adequate for the purposes of this Act, the commissioner may specify one or more of the following in respect of the records to be kept by the taxpayer:

(3) A taxpayer who is required to keep records under this section must retain the records for a period of 6 years after the date of the taxable transaction to which the records relate.

Evidence – copies of records

67 A record certified by the commissioner to be a copy of a record obtained by the commissioner under this Act is evidence of the nature and content of the original.

Appeal to minister

(2) Written notice of the appeal must be given to the minister within 90 days after the date of the notice of assessment or the determination, as the case may be.

(3) The appellant must set out in the notice of appeal a statement of all material facts and the reasons in support of the appeal.

(i) affirm, amend or change the assessment, determination or nature of the assessment, or

(ii) direct the commissioner to reconsider the assessment, determination or nature of the assessment, and

(5) In making a decision under subsection (4) (b) (i), the minister is not required to increase an amount set out in the assessment or determination.

(6) If the commissioner does not change an assessment or determination, or the nature of an assessment, after a reconsideration under subsection (4) (b) (ii), the commissioner must issue a notice of reconsideration to the person who appealed to the minister.

(7) A person may appeal a notice of reconsideration by giving a notice of appeal to the minister within 90 days after the date shown on the notice of reconsideration.

(8) An appeal may not be made under this section in relation to an assessment made under any of the following provisions:

(9) The minister may, in writing, delegate any of the minister's powers or duties under this section.

(10) A delegation under subsection (9) may be to a named person or to a class of persons.

Notice of appeal

69 (1) The date on which a notice of appeal is given to the minister under section 68 (2) or (7) is the date it is received by the minister.

(2) A notice of appeal is conclusively deemed to have been given to the minister if it is received at a location and by a method specified by the minister.

Appeal to court

70 (1) A decision of the minister under section 68 (4) (b) (i) may be appealed to the Supreme Court by way of a petition proceeding.

(2) The Supreme Court Civil Rules relating to petition proceedings, other than Rule 18-3 [Appeals], apply to appeals under this section.

(3) A petition must be filed in the court registry within 90 days after the date of the minister's decision.

(4) In a petition filed under this section, the government must be designated "His Majesty the King in right of the Province of British Columbia".

(5) Within 14 days after the filing of a petition under this section, the petition must be served on the government in accordance with section 8 of the Crown Proceeding Act.

(6) An appeal under this section is a new hearing that is not limited to the evidence and issues that were before the minister.

Irregularities

71 An assessment made under this Act must not be varied or disallowed by a court because of an irregularity, informality, omission or error on the part of a person in the observation of any directory provision up to the date of the notice of assessment.

Tax collection not affected by pending appeal

72 Neither the giving of a notice of appeal by a person nor a delay in the hearing of an appeal

(a) affects the date an amount that is owing to the government under this Act and that is the subject matter of the appeal is payable under this Act,

(b) affects the amount of interest payable on an amount that is owing to the government under this Act and that is the subject matter of the appeal, or

(c) delays the collection of an amount that is owing to the government under this Act and that is the subject matter of the appeal, or any interest payable under this Act on that amount.

If decision set aside or amount reduced on appeal

73 (1) If the commissioner's or minister's decision is set aside, or the amount of an assessment or an amount owing to the government under this Act is reduced on appeal, the minister must refund to the appellant from the consolidated revenue fund the amount or excess amount paid by the appellant.

(2) If the amount of an assessment or determination is increased on appeal, the appellant must pay to the government

(b) any additional interest payable on the additional amount owing to the government under this Act.

Joint and several liability of trust beneficiaries

74 (1) If a trust distributes to a beneficiary any proceeds of disposition in respect of a taxable transaction before paying tax in respect of the taxable transaction as required under this Act, the beneficiary of the trust is, subject to subsection (2), jointly and severally liable for

(a) an amount of tax assessed under Division 2 [Assessments] of Part 4 [Administration and Enforcement] against the trust in respect of the taxable transaction,

(b) an amount payable under section 38 [when excess refund is payable] by the trust, and

(2) A beneficiary is not liable under subsection (1) for an amount in excess of the share of the proceeds of disposition paid to the beneficiary.

(3) The commissioner may assess a beneficiary in respect of an amount that has become payable under subsection (1) by the beneficiary.

(a) the provisions of Division 2 of Part 4 apply in respect of the assessment as if it were an assessment made under that Division and as if the beneficiary assessed were the taxpayer in respect of the taxable transaction to which the assessment relates, and

(b) the commissioner must give a written notice of the assessment, including a statement of the amount of the liability, to the trustee of the trust in respect of whose tax the beneficiary is liable.

(5) If, because of subsection (1), a beneficiary has become jointly and severally liable with another person in respect of all or part of the trust's liability under this Act,

(a) a payment by the beneficiary on account of the trust's liability discharges the liability of both the trust and that beneficiary to the extent of the payment, and

(b) a payment by the trust on account of the trust's own liability only discharges the liability of the beneficiary to the extent that the payment reduces the trust's liability to an amount that is less than the amount in respect of which the beneficiary is liable under this section.

(6) Despite sections 62 [refund of overpayment] and 73 [if decision set aside or amount reduced on appeal], subsection (7) of this section applies if the commissioner is satisfied that the total of the following exceeds the amount owed by the trust under this Act in respect of the taxable transaction in respect of which a beneficiary is liable with the trust:

(a) the amount paid by one or more beneficiaries who are, under subsection (1), jointly and severally liable with the trust;

(7) The minister, on the certificate of the commissioner, must pay from the consolidated revenue fund a refund in accordance with the following:

(a) if only one particular beneficiary paid all or part of the amount for which one or more beneficiaries and the trust were jointly and severally liable under this section, a refund must be paid to the particular beneficiary of the amount of the excess, up to the amount paid by the particular beneficiary;

(b) if 2 or more particular beneficiaries paid all or part of the amount for which the particular beneficiaries and the trust were jointly and severally liable under this section, a refund must be paid to the particular beneficiaries of the amount of the excess divided equally among the particular beneficiaries, up to the amount paid by each particular beneficiary;

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

Court proceeding to recover amount owing

75 The government may commence a proceeding in a court of competent jurisdiction to recover an amount owing to the government under this Act as a debt due to the government.

Summary proceedings

76 (1) If a person fails to pay an amount owing to the government under this Act, the commissioner may issue a certificate specifying the amount owed and the name of the person who owes it.

(2) The commissioner may file with the Supreme Court a certificate issued under subsection (1).

(3) A certificate filed under subsection (2) has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate against the person named in the certificate.

(4) If the amount specified in a certificate is different from the actual amount owing to the government under this Act, the commissioner may correct the amount by issuing a new certificate specifying the revised amount owed and the name of the person who owes it.

(5) The commissioner may file with the Supreme Court a certificate issued under subsection (4).

(a) revises the certificate filed under subsection (2) that names the same person,

(c) has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate against the person named in the certificate.

Alternative remedies

77 (1) Remedies available to the government for the recovery of an amount owing to the government under this Act may be exercised separately, concurrently or cumulatively.

(2) The liability of a person for the payment of an amount owing to the government under this Act is not affected by a fine or penalty imposed on or paid by the person for contravention of this Act.

Attachment of funds

78 (1) In this section, "debtor" means any person who is liable to pay an amount under this Act.

(2) If the commissioner knows or suspects that a person is or is about to become indebted or liable to make a payment to a debtor, the commissioner may demand that that person pay to the government, on account of the debtor's liability under this Act, all or part of the money otherwise payable to the debtor.

(3) Without limiting subsection (2), if the commissioner knows or suspects that a person is about to advance money to or make a payment on behalf of a debtor, or make a payment in respect of a negotiable instrument issued by a debtor, the commissioner may demand that that person pay to the government, on account of the debtor's liability under this Act, the money that would otherwise be advanced or paid.

(4) A demand under this section must be given by leaving the demand with the person or by sending the demand to the person by registered mail, electronic mail or fax.

(5) If under this section the commissioner demands that a person pay to the government, on account of a debtor's liability under this Act, money otherwise payable by that person to the debtor as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the demand

(a) is applicable to all of those payments to be made by the person to the debtor until the liability under this Act is satisfied, and

(b) operates to require payments to the government out of each payment of the amount stipulated by the commissioner in the demand.

is money for which the savings institution is indebted to the debtor within the meaning of this section, but money on deposit or deposited to the credit of a debtor as described in paragraph (a) or (b) does not include money on deposit or deposited to the credit of a debtor in the debtor's capacity as a trustee.

(7) A demand under this section continues in effect until the earliest of the following:

(c) 3 years after the demand is given, if the demand is made in respect of an outstanding legal claim or insurance claim that, if resolved in the debtor's favour, will result in money becoming available to the debtor.

(8) Despite subsection (7), if a demand is made in respect of a periodic payment referred to in subsection (5), the demand continues in effect until it is satisfied unless no periodic payment is made or is liable to be made within 90 days after the demand is given, in which case the demand ceases to have effect at the end of that period.

(9) Money demanded from a person by the commissioner under this section becomes payable

(a) as soon as the person is given the demand, if that person is indebted or liable to make a payment to the debtor at the time the demand is given, or

(b) as soon as the person becomes indebted or liable to make a payment to the debtor, in any other case.

(10) A person who fails to comply with a demand under subsection (2) or (5) is liable to pay to the government an amount equal to the amount that the person was required to pay under subsection (2) or (5).

(11) A person who fails to comply with a demand under subsection (3) is liable to pay to the government an amount equal to the lesser of

(12) Money paid by any person to the government in compliance with a demand under this section

Lien

"amount owing" means an amount owing to the government under this Act and any interest on that amount;

"associated corporation" includes a corporation that is determined under subsection (13) to be associated with another corporation for the purposes of this section;

"financing statement" has the same meaning as in the Personal Property Security Act;

"personal property registry" means the registry under the Personal Property Security Act;

"property", when referring to the property of an associated corporation or a related individual, means property that is used in, or in conjunction with, the business in respect of which the amount referred to in subsection (2) is required to be levied and remitted;

"purchase money security interest" has the same meaning as in the Personal Property Security Act;

"security interest" has the same meaning as in the Personal Property Security Act.

(2) If a person is required to pay an amount to the government under this Act and does not pay the amount, the commissioner may register a lien

by registering a certificate of lien in the prescribed form in the appropriate land title office in the same manner that a charge is registered under the Land Title Act, and

(3) On registration of a certificate of lien against the real property of a person under subsection (2) (a), a lien is created on the real property against which the lien is registered for the amount owing.

(4) On registration of a lien against the personal property of a person under subsection (2) (b), a lien is created on the present and after acquired personal property in which the person has a legal or equitable interest for the amount owing.

(5) A lien registered under subsection (2) (b) against personal property does not have priority over

(a) a security interest that secures unpaid wages under section 87 (3) [lien for unpaid wages] of the Employment Standards Act, regardless of when that security interest arises, or

(b) a purchase money security interest in collateral other than collateral that at the time the purchase money security interest attaches is inventory or its proceeds.

(6) In relation to a certificate of lien registered under subsection (2) (a) against the real property of a person, the commissioner may register a certificate of lien in the form prescribed for the purposes of subsection (2) (a) in the appropriate land title office in the same manner that a charge is registered under the Land Title Act if

(a) the certificate of lien registered under subsection (2) (a) against the real property of the person contains a statement of the amount owing, and

(b) the commissioner is satisfied that the amount referred to in paragraph (a) of this subsection that is stated in that certificate of lien is incorrect.

(7) In relation to a financing statement registered under subsection (2) (b) against the personal property of a person, the commissioner may register a financing change statement, as defined in the Personal Property Security Act, in the personal property registry if

(a) the financing statement registered under subsection (2) (b) against the personal property of the person contains a statement of the amount owing, and

(b) the commissioner is satisfied that the amount referred to in paragraph (a) of this subsection that is stated in that financing statement is incorrect.

(8) A certificate of lien registered under subsection (6) and a financing change statement registered under subsection (7) must contain a revised statement of the amount owing.

(9) On registration of a certificate of lien against the real property of a person under subsection (6), the certificate of lien registered under subsection (2) (a) against the real property of the person is, at the same time it was originally registered, deemed to be revised to set out the amount owing as stated in the certificate of lien registered under subsection (6).

(10) On registration of a financing change statement against the personal property of a person under subsection (7), the financing statement registered under subsection (2) (b) against the personal property of the person is, at the same time it was originally registered, deemed to be revised to set out the amount owing as stated in the financing change statement registered under subsection (7).

(11) Despite section 87 [communication of information], the commissioner must,

(a) on the oral or written request of a person, disclose in writing the amount of the lien under this section registered against the personal or real property of the person, or

(b) on the written request of a person accompanied by the written consent of a named person, disclose in writing the amount of the lien under this section registered against the personal or real property of the named person.

(12) If the commissioner believes that one corporation is associated with another corporation within the meaning of section 256 [associated corporations] of the federal Act, the commissioner may request one or both of the corporations to provide to the commissioner the records and information required by the commissioner to confirm or rebut that belief.

(13) The commissioner may determine that corporations are associated corporations for the purposes of this section if

(a) a corporation that has been requested to provide records or information to the commissioner under subsection (12) fails or refuses to comply with that 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 the commissioner's belief that the corporations are associated.

(14) Immediately after a corporation is determined under this section to be associated with a person referred to in subsection (2) (a) (i) and (b) (i), the commissioner

(b) may register a lien under this section against the real and personal property of the corporation.

(15) The commissioner may seize personal property against which a lien is registered under subsection (14) (b) at any time after the registration of the lien but must not take any action to realize on those assets until the later of

(a) the date that is 90 days after the date on which the notice required under subsection (14) (a) was given to the corporation, and

(b) if a notice of appeal is given to the minister in respect of the determination within the time provided by section 68 (2) [appeal to minister], the date on which the minister upholds the determination under that appeal or directs the commissioner to reconsider the determination.

(16) If, at any time, the commissioner becomes convinced that the corporations were not associated within the meaning of section 256 of the federal Act at the time that the lien was registered under subsection (14) (b) of this section or if the minister or a court of competent jurisdiction upholds the corporation's appeal against the commissioner's determination on the basis that the corporations were not associated at the time that the lien was registered, the commissioner must,

(a) if the commissioner has not realized on any of the assets against which the lien was registered, promptly release the lien, and

(b) if the commissioner has realized on some or all of the assets against which the lien was registered, promptly release the lien against the remaining assets and pay the proceeds realized from the sale of the realized assets minus any costs or expenses incurred in the sale

(ii) if the commissioner considers it appropriate to do so, into the Supreme Court under Rule 10-3 [Interpleader] of the Supreme Court Civil Rules.

(17) The release of the lien under subsection (16) (a) or the release of the lien and payment of the applicable net sale proceeds under subsection (16) (b) is deemed to be full satisfaction of all claims any person, including the corporation, might have arising out of or in any way connected with the determination made under subsection (13), the registration of the lien or the seizure or sale of any or all of the assets against which the lien was registered.

Responsibility of person having control of property

80 (1) In this section, "secured party" has the same meaning as in the Personal Property Security Act.

(2) This section applies to a person who, as assignee, liquidator, administrator, receiver, receiver manager, trustee, secured party or similar person, other than a trustee appointed under the Bankruptcy and Insolvency Act (Canada), takes control or possession of the property of a person who has an amount owing to the government under this Act.

(3) Before distributing the proceeds from the realization of the property referred to in subsection (2), a person to whom this section applies must obtain from the commissioner a certificate that the amount that constituted a lien under section 79 has been paid.

(4) If a person to whom this section applies distributes the proceeds from the realization of the property referred to in subsection (2) without having obtained the certificate required by subsection (3), the person is personally liable to the government for an amount equal to the amount required to be paid to obtain the certificate.

(5) An amount payable under subsection (4) in respect of a distribution of the proceeds from the realization of property must be paid on or before the last day of the month after the month in which the disposition occurred.

Notice of enforcement proceedings

81 (1) Before taking proceedings for the recovery of an amount owing to the government under this Act, the commissioner must give to the person who owes the amount notice of the commissioner's intention to enforce payment.

(2) Failure to give notice under subsection (1) does not affect the validity of proceedings taken for the recovery of an amount owing to the government under this Act.

Limitation period

(a) a proceeding for the recovery of an amount owing to the government under section 75,

(2) A collection proceeding may be commenced at any time within 7 years after the date of the notice of assessment for the amount claimed in the collection proceeding.

(3) Despite subsection (2), a collection proceeding that relates to a contravention of this Act or the regulations and that involves wilful default or fraud may be commenced at any time.

(4) If, before the expiry of the limitation period that applies under subsection (2) to an amount claimed, a person acknowledges liability in respect of the amount claimed, the date of the notice of assessment is deemed to be the day on which the acknowledgement is made.

(5) Subsection (4) does not apply to an acknowledgement, other than an acknowledgement referred to in subsection (6), unless the acknowledgement is

(b) signed, by hand or by electronic signature within the meaning of the Electronic Transactions Act,

(6) In the case of an amount claimed to which the limitation period under subsection (2) applies, for the purposes of subsection (4), part payment of the amount by the person against whom the claim is or may be made or by the person's agent is an acknowledgement by the person against whom the claim is or may be made of liability in respect of the claim.

(7) Section 24 (2), (4) and (10) [limitation periods extended if liability acknowledged] of the Limitation Act applies for the purposes of this section.

(8) The liability of a person for the payment of an amount owing to the government under this Act is not affected by the expiry of the limitation period that applies under subsection (2) to the amount claimed.

Definition for Part

83 In this Part, "public body" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

Designation of commissioner

84 The minister may designate a person who is appointed under the Public Service Act as commissioner to administer this Act.

Delegation

85 (1) The commissioner may, in writing, delegate any of the commissioner's powers or duties under this Act.

(2) A delegation under subsection (1) may be to a named person or to a class of persons.

Duty of public bodies to provide information

86 A public body must, on the written request of the commissioner, provide without charge the information the commissioner considers necessary for the purposes of administering and enforcing the Act.

Communication of information

"authorized person" means a person who is engaged or employed, or who was formerly engaged or employed, by or on behalf of the government of British Columbia to assist in carrying out the provisions of this Act;

"confidential information" means information of any kind and in any form relating to one or more persons

(a) that is obtained for the purposes of this Act by or on behalf of the minister, or

but does not include information that does not directly or indirectly reveal the identity of the person to whom the information relates;

"designated person" has the same meaning as in section 241 (10) [provision of information] of the federal Act;

(a) who is employed in the service of, is engaged by or on behalf of, or occupies a position of responsibility in the service of the government of British Columbia, another province or Canada, or

(b) who was formerly so employed or engaged or formerly occupied such a position,

and, for the purposes of subsections (2) and (3), "official" includes a designated person;

"police officer" means a police officer as defined in section 462.48 (17) of the Criminal Code.

(2) Despite any other enactment or law, except as authorized by this section or section 79 (11) [disclosure of amount of lien], an official must not

(a) knowingly provide, or knowingly allow to be provided, any confidential information to any person,

(b) knowingly allow any person to have access to any confidential information, or

(c) knowingly use any confidential information otherwise than in the course of the administration and enforcement of this Act or for a purpose for which the information was provided under this section.

(3) Despite any other enactment or law, an official must not be required, in connection with any legal proceedings, to give or produce evidence relating to any confidential information.

(a) criminal proceedings that have been commenced by the laying of an information or the preferring of an indictment under an Act of the Parliament of Canada;

(i) any enactment of British Columbia, another province or Canada that provides for the imposition or collection of a tax or duty,

(a) provide to any person confidential information that can reasonably be considered necessary for the purposes of the administration or enforcement of this Act, solely for those purposes;

(b) provide to any person confidential information that can reasonably be considered necessary for the purposes of determining

(i) any tax or other amount that is or may become payable by the person under this Act,

(ii) any refund to which the person is or may become entitled under this Act, or

(iii) any other amount that is relevant for the purposes of a determination under subparagraph (i) or (ii);

(i) to an official of the Department of Finance of the government of Canada, solely for the purposes of the formulation or evaluation of fiscal policy;

(ii) to an official solely for the purposes of the initial implementation of a fiscal policy;

(iii) to an official of the ministry, solely for the purposes of the formulation or evaluation of fiscal policy;

(iv) to an official solely for the purposes of the administration or enforcement of an enactment of British Columbia that provides for the imposition or collection of a tax or duty;

(v) to an official solely for the purposes of the administration or enforcement of an Act of the Parliament of Canada, or an enactment of another province, that provides for the imposition or collection of a tax or duty;

(vi) to an official solely for the purposes of the administration or enforcement of the Home Owner Grant Act, the Land Tax Deferment Act or the Real Estate Development Marketing Act;

(vii) to an official solely for the purposes of the compilation of statistical information by the government or the government of Canada, as the case may be;

(viii) to an official solely for the purposes of setting off, against any sum of money that may be due or payable by the government, a debt due to the government;

(d) provide confidential information, or allow the inspection of or access to confidential information, as the case may be, under, and solely for the purposes of, the following provisions of the Freedom of Information and Protection of Privacy Act:

(i) section 44 (1) [powers of commissioner in conducting investigations, audits or inquiries];

(e) provide confidential information, or allow the inspection of or access to confidential information, as the case may be, under, and solely for the purposes of, the following provisions of the Auditor General Act:

(f) provide confidential information relating to a person, other than information that may be requested from the commissioner under section 79 (11) [disclosure of amount of lien],

(g) use confidential information to compile information in a form that does not directly or indirectly reveal the identity of the person to whom the information relates;

(h) provide confidential information solely for the purposes of the following provisions of the Financial Administration Act:

(i) use, or provide to any person, confidential information solely for a purpose relating to the supervision, evaluation or discipline of an authorized person by the government in respect of a period during which the authorized person was employed by, or engaged by or on behalf of, the government to assist in the administration or enforcement of this Act, to the extent that the information is relevant for the purpose;

(j) provide confidential information to a police officer, solely for the purposes of an investigation into whether an offence has been committed under the Criminal Code, or the laying of an information or the preferring of an indictment, if

(i) the confidential information can reasonably be considered necessary for the purpose of ascertaining, with respect to an official, or with respect to any person related to the official,

(A) the circumstances in which an offence under the Criminal Code may have been committed, or

(B) the identity of the person who may have committed an offence under the Criminal Code,

(ii) the official was or is engaged in the administration or enforcement of this Act, and

(iii) the offence can reasonably be considered to be related to the administration or enforcement of this Act;

(k) provide confidential information to, or allow inspection of or access to confidential information by, any person otherwise legally entitled to the information under a prescribed enactment of British Columbia, solely for the purposes for which the person is entitled to the information.

(6) Except in accordance with an agreement entered into under section 88, an official must not, under subsection (5) (a) to (c) or (h) to (k) of this section, provide confidential information to, or allow inspection of or access to confidential information by,

(7) An official may provide to appropriate persons any confidential information relating to imminent danger of death or physical injury to any person.

(8) The person who presides at a legal proceeding in relation to the supervision, evaluation or discipline of an authorized person may make orders necessary to ensure that confidential information is not used or provided to any person for any purpose unrelated to the proceeding, including

(9) To the extent of any inconsistency or conflict with the following provisions of the Freedom of Information and Protection of Privacy Act, this section applies despite that Act:

Information-sharing agreements

"information-sharing agreement" means an agreement or arrangement to exchange, by electronic data transmission, electronic data matching or any other means, information for a purpose described in section 87 (5).

(3) Subject to subsection (4), confidential information obtained by the minister under an information-sharing agreement may be used or disclosed only for the purposes for which it was obtained under the applicable agreement.

(a) any confidential information obtained by the minister under an information-sharing agreement with the government of Canada or an agency of that government from being used or disclosed for the purpose of administering and enforcing

(i) an enactment administered by the minister that provides for the imposition and collection of a tax or duty,

(b) any confidential information obtained by the minister under an information-sharing agreement from being used or disclosed for the purpose of administering and enforcing an Act of the Parliament of Canada that provides for the imposition or collection of a tax or duty.

(5) The Lieutenant Governor in Council may prescribe terms and conditions to be included in the information-sharing agreements entered into by the minister.

How and when documents are given by commissioner

89 (1) Subject to this Act, if, under this Act, a document must or may be given by the commissioner to a person, the document may be given in accordance with subsection (2).

(a) if the person is an individual, by leaving the document with the individual;

(b) if the person is a corporation, by leaving the document with a board member or senior officer of the corporation;

(d) if the person is a partnership, by leaving the document with an individual who is a member of the partnership;

(e) by leaving the document with a person apparently employed at the place of business of the person;

(f) by sending the document by ordinary mail or registered mail to the last known address of the person according to the records of the commissioner;

(g) by sending the document by electronic mail to the last known electronic mail address of the person according to the records of the commissioner;

(h) by sending the document by fax to the last known fax number of the person according to the records of the commissioner;

(i) by sending the document by another communication method agreed to by the person and the commissioner.

(3) If a person carries on business under a name or style other than the person's own name or style, a document to be given in accordance with this section may be addressed to the name or style under which the person carries on business.

(4) A document sent by ordinary mail, registered mail, electronic mail, fax or a communication method referred to in subsection (2) (i) is conclusively deemed to have been given on the date the document was sent.

(5) Despite subsection (4), if a notice of assessment is sent by ordinary mail, registered mail or electronic mail, the notice, for the purposes of this Act, is deemed to have been given on the date of that notice.

(6) For the purposes of this Act, the date of a notice given by the commissioner is the date stated on the notice.

Proof of compliance

90 In a prosecution or any proceeding for any matter arising under this Act, the facts necessary to establish compliance on the part of the commissioner with section 89 may be sufficiently proved in any court by the production of an affidavit of the commissioner setting out the facts.

Proof of receipt

91 (1) Proof of the receipt by a person of a document to which section 89 applies may be established in any court by showing that the document was given in accordance with that section.

(2) A person seeking to establish that a document referred to in subsection (1) was not received by the person bears the burden of establishing that fact.

How and when documents are given by minister

92 If, under this Act, a document must or may be given by the minister to a person,

(b) if the document is given in accordance with that section, the document is conclusively deemed to have been given on the date of that document.

When payment is received

93 If, under this Act, an amount must or may be paid to the government, the amount is conclusively deemed to be paid on the date it is received by the government.

When documents are filed with or given to commissioner

94 If, under this Act, a document must or may be filed with or given to the commissioner, the document is conclusively deemed to be filed or given on the date it is received by the commissioner.

General offences

(a) makes, or participates in, assents to or acquiesces in the making of, a false or deceptive statement in a tax return, notice or other record required to be filed or given under this Act;

(b) destroys, alters, mutilates, hides or otherwise disposes of a record to evade payment of an amount to be paid to the government under this Act;

(c) makes, or participates in, assents to or acquiesces in the making of, a false or deceptive entry in a record related to an amount to be paid to the government under this Act;

(d) omits, or participates in, assents to or acquiesces in the omission of, a material particular in a record required to be kept under this Act;

(e) makes or uses, or participates in, assents to or acquiesces in the making or use of, a record in a false or deceptive manner in order to obtain a tax benefit;

(f) wilfully, in any manner, evades or attempts to evade payment of tax payable;

(g) conspires with any person to do anything described in paragraphs (a) to (f).

Penalties

(a) a fine of not less than 50% and not more than 200% of the amount of tax that was sought to be evaded,

(2) A corporation that commits an offence under section 95 is liable to a fine of not less than 50% and not more than 200% of the amount of tax that was sought to be evaded.

Offences for failure to provide records or information required by commissioner or for interference

97 (1) A person commits an offence if the person contravenes any of the following provisions:

(a) section 63 (3) (a), (b) or (c) [production of records and answering questions at specified location];

(3) A corporation that commits an offence under subsection (1) is liable to a fine of not more than $100 000.

Offences in relation to confidential information

(a) the person has been provided with confidential information for a particular purpose under section 87 (5) (a) to (e), (h), (i) or (k), and

(b) the person knowingly, for a purpose other than the purpose referred to in paragraph (a) of this subsection, uses the information, provides the information or allows the information to be provided to any person or allows any person to access the information.

(3) An individual who commits an offence under subsection (1) or (2) is liable to

(4) A corporation that commits an offence under subsection (1) or (2) is liable to a fine of not more than $5 000.

Offence by corporation

99 (1) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits that offence, whether or not the corporation is prosecuted for the offence.

(2) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, officer, director or agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.

(3) Subsection (2) does not apply if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence.

Limitation period for prosecution

100 The time limit for laying an information for an offence under this Act is 6 years after the date when the act or omission that is alleged to constitute the offence occurred.

Section 5 of Offence Act

101 Section 5 [general offence] of the Offence Act does not apply to this Act or the regulations.

General regulation-making authority

102 (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 as follows:

(3) The authority to make regulations under another provision of this Act does not limit subsection (1) or (2).

(4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(i) different persons, places, circumstances, transactions, interests in property or other things, or

(ii) different classes of persons, places, circumstances, transactions, interests in property or other things;

(d) establish or define classes of persons, places, circumstances, transactions, interests in property or other things.

Regulations in relation to net taxable income and taxable income

103 (1) For the purposes of the definition of "commercial property" in section 1, the Lieutenant Governor in Council may make regulations establishing circumstances in which all or part of residential property comprising a taxable property is, or is not, primarily used for a commercial purpose.

(2) For the purposes of determining an individual's primary residence, the Lieutenant Governor in Council may make regulations establishing circumstances in which an individual is deemed to be residing in a place.

Regulations in relation to exemptions

104 The Lieutenant Governor in Council may make regulations doing one or more of the following:

(ii) a requirement to file a return under section 31 [tax return – taxpayer], or

(iii) a requirement to file a return under section 32 [tax return – person dealing with property or business of taxpayer];

(b) exempting, in whole or in part, a residential property or a taxable transaction from tax;

Regulations in relation to appeals

(a) establishing rules governing the practice and procedure of the Supreme Court in an appeal under this Act;

(b) providing that a rule under the Supreme Court Civil Rules does not apply to an appeal under this Act;

(d) adopting a rule under the Supreme Court Civil Rules that otherwise does not apply to an appeal under this Act and modifying that rule for the purposes of an appeal under this Act.

(2) Without limiting subsection (1), in making a regulation under subsection (1), the Lieutenant Governor in Council may make any rule authorized by sections 1 and 2 of the Court Rules Act.

(3) To the extent of any inconsistency or conflict between a regulation made under subsection (1) and the Supreme Court Civil Rules, the regulation made under subsection (1) prevails.

Regulations in relation to transitional matters and difficulties

106 (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;

(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing this Act into operation;

(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any difficulties encountered in bringing this Act into effect, including, without limitation, provisions making an exception to or a modification of a provision in this Act or another enactment or providing for the application of an enactment;

(2) A regulation under subsection (1) may be made retroactive to a specified date that is not earlier than the date this section comes into force and, if made retroactive, is deemed to have come into force on the specified date.

(3) To the extent of any conflict between a regulation under subsection (1) and this Act or another enactment, the regulation prevails.

(4) This section and any regulations made under it are repealed on January 1, 2028.

RESIDENTIAL PROPERTY (SHORT-TERM HOLDING) PROFIT TAX ACT .

(2) Subject to this section and the regulations, the Supreme Court Civil Rules relating to petition proceedings apply to appeals under this section.

(2.1) Rule 18-3 [Appeals] of the Supreme Court Civil Rules does not apply to appeals under this section.

109 Section 9.7 (2) of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, is amended by adding the following paragraph:

(d.2) amounts received by the government under the Residential Property (Short-Term Holding) Profit Tax Act; .

Commencement

110 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:

BILL 15 – 2024 BUDGET MEASURES IMPLEMENTATION (RESIDENTIAL PROPERTY (SHORT-TERM HOLDING) PROFIT TAX) ACT, 2024