Legislative Assembly of New Brunswick
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An Act Respecting the Real Property Tax on University Property

Legislature :
55
Session :
1
Bill No. :
10
Member :
Hon. Mr. Volpé
First Reading :
2003-12-9
Second Reading :
2003-12-12
Committee of the Whole :
2003-12-18
Amended :
Third Reading :
2003-12-19
Royal Assent :
2003-12-19
Download PDF :
Bill 10

Text of Bill :

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



Assessment Act

1(1)                   Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by repealing paragraph (m.1) of the definition "residential property" and substituting the following:



(m.1)         a school or university, but not including real property or a portion of real property that the Director determines is used for commercial purposes under paragraph 4(1)(l),



1(2)                   Subsection 4(1) of the Act is amended



(a)               by striking out the period at the end of paragraph (k) and substituting "; and";



(b)               by adding after paragraph (k) the following:



(l)                real property owned by a university funded under the Maritime Provinces Higher Education Commission Act and listed in Schedule B, but not including real property or any portion of real property that the Director determines is used for commercial purposes in accordance with any criteria that may be prescribed by regulation.



1(3)                   Section 40 of the Act is amended



(a)               in subsection (1) by adding after paragraph (e.41) the following:



(e.42)       prescribing for the purpose of the Director's determination whether real property or any portion of real property is used for commercial purposes under paragraph 4(1)(l), the criteria to be taken into consideration by the Director when making the determination;



(b)               by adding after subsection (1.21) the following:



40(1.22)       A regulation made under paragraph (1)(e.42) may be retroactive in its operation to January 1, 2003, or to any date after January 1, 2003.



1(4)                   The Act is amended by adding after Schedule A the following:



SCHEDULE B

Mount Allison University

St. Thomas' University

Université de Moncton

The University of New Brunswick



Municipal Assistance Act

2(1)                   Subsection 4(1) of the Municipal Assistance Act, chapter M-19 of the Revised Statutes, 1973, is amended in the definition "municipal tax base"



(a)               in paragraph (c) by striking out "and" at the end of the paragraph;



(b)               by adding after paragraph (c) the following:



(c.1)            the assessed value of real property in a municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and



2(2)                   The Act is amended by adding after section 6 the following:



6.001               If the municipal tax base of a municipality under the Municipalities Act includes the assessed value of real property in the municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act, the portion of the amount referred to in paragraph 6(b) that is equal to the tax on such real property that would be due and owing to the municipality under subsection 5(2.001) of the Real Property Tax Act if the real property were not exempt from taxation under paragraph 4(1)(l) of the Assessment Act shall be deemed to be a grant paid by the Minister to the municipality.



Municipalities Act

3                           Section 1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended in the definition "municipal tax base"



(a)               in paragraph (c) by striking out "and" at the end of the paragraph;



(b)               by adding after paragraph (c) the following:



(c.1)            the assessed value of real property in a municipality that is exempt from taxation under paragraph 4(1)(l) of the Assessment Act; and



Commencement

4(1)                   Subject to subsection (2), this Act shall be deemed to have come into force on January 1, 2003.



4(2)                   Subsection 2(2) of this Act comes into force on January 1, 2004.



EXPLANATORY NOTES



Section 1



(1)                      The existing provision in the definition "residential property" reads as follows:



(m.1)         a school or university,



(2)(a)               The amendment is consequential on the amendment made in paragraph 1(2)(b) of this amending Act.



(2)(b)               New provision.



(3)(a) and (b)            New provisions.



(4)                      New provision.



Section 2



(1)(a)               The amendment is consequential on the amendment made in paragraph 2(1)(b) of this amending Act.



(1)(b)               New provision.



(2)                      New provision.



Section 3



(a)               The amendment is consequential on the amendment made in paragraph 3(b) of this amending Act.



(b)               New provision.



Section 4



Commencement provision.

 

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