An Act to Amend the Income Tax Act

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

1The Income Tax Act, chapter I-2 of the Revised Statutes, 1973, is amended by adding after section 2.4 the following:

2.5(1)In this section

"spouse" means spouse as defined in the Federal Act, but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition.

2.5(2)Notwithstanding section 2, an overpayment of one hundred dollars on account of an individual's liability under this Act for a taxation year is deemed to have arisen in the taxation year if the individual

(a)resided in New Brunswick on the last day of the preceding taxation year,

(b)was in receipt of the guaranteed income supplement under the Old Age Security Act (Canada) in the preceding taxation year, and

(c)has, either on his or her own behalf or through a representative, filed an application on the form provided by the Minister of Finance of New Brunswick for a refund of such amount and provided all of the information required by the form before the date required by that Minister.

2.5(3)The Minister of Finance of New Brunswick may, in his or her discretion, refund to an individual the amount deemed to be an overpayment under this section.

2.5(4)A refund of the amount deemed to be an overpayment under this section

(a)cannot be charged or given as security,

(b)cannot be assigned except under a prescribed Act,

(c)cannot be garnished or attached,

(d)is exempt from execution or seizure, and

(e)cannot be retained by way of deduction or set-off under the Financial Administration Act.

2.5(5)Notwithstanding subsection (2), where both an individual and his or her spouse are eligible to apply for a refund under that subsection for a taxation year, only one of them may apply under that subsection for that year, except where otherwise provided by regulation.

2.5(6)This section applies to the 1998 and subsequent taxation years.

2Subsection 29(1) of the Act is amended by adding after paragraph (a) the following:

(a.001)respecting the circumstances under which both an individual and his or her spouse may apply under section 2.5;


Section 1

An overpayment of tax in the amount of one hundred dollars is deemed to have occurred in certain circumstances.

Section 2

Regulation-making authority is added.

Chapter Outline Update

Section 1

Add after s.2.4 the following:

Seniors' tax benefit 2.5

Section 2

No change required.

Endorse: Hon. Edmond P. Blanchard, Q.C.

Last Modified: 04:25pm , February 17, 1998