Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

PART IVRevenue Sharing

Interpretation

Marginal note:Definitions

206 The following definitions apply in this Part.

Consumption Tax Acts

Consumption Tax Acts means section 2 and Parts I, II, III, VIII and IX of and the schedule to the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as amended from time to time, and any other Act of the Legislature of the Province, as amended from time to time, that may be prescribed. (lois sur la taxe à la consommation)

Insurance Companies Tax Act

Insurance Companies Tax Act means section 2 and Parts I, II and VI of and the schedule to the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as amended from time to time. (Loi sur l’imposition des compagnies d’assurances)

Newfoundland and Labrador Income Tax Act

Newfoundland and Labrador Income Tax Act means the Income Tax Act, 2000, S.N.L. 2000, c. I-1.1, as amended from time to time. (Loi de l’impôt sur le revenu de Terre-Neuve-et-Labrador)

Revenue Fund

Revenue Fund means the account established under section 214. (Fonds de recettes)

Imposition of Consumption Taxes

Marginal note:Imposition of consumption taxes in offshore area

• 207 (1) There shall be imposed, levied and collected under this Part in respect of the offshore area, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Consumption Tax Acts if the offshore area were in the Province.

• Marginal note:Exception

  (2) Despite subsection (1), if taxes are imposed in respect of any matter under any of the Consumption Tax Acts and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

• Marginal note:Application of Newfoundland and Labrador legislation

  (3) Subject to this Act and the regulations made under it, the Consumption Tax Acts and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

  • (a) a reference in those Acts to the Crown is to be read as a reference to Her Majesty in right of Canada;

  • (b) a reference in those Acts to the province is to be read as a reference to the offshore area; and

  • (c) a reference in those Acts to the Minister responsible for the administration of any of those Acts is to be read as a reference to the Minister of Finance.

• Marginal note:Newfoundland and Labrador regulations

  (3.1) The following regulations apply for the purposes of subsection (3):

  • (a) any regulations made under the Consumption Tax Acts; and

  • (b) any regulations made under section 107, 108, 111, 112 or 114 of the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as that Act is amended from time to time.

• Marginal note:Binding on certain entities

  (4) This section is binding on

  • (a) the corporations mentioned in Schedule I to the Federal-Provincial Fiscal Arrangements Act, if Newfoundland and Labrador is a participating province as defined in subsection 31(1) of that Act; and

  • (b) the corporations mentioned in Schedule II to that Act.

Imposition of Insurance Companies Tax

Marginal note:Insurance companies tax in offshore area

• 208 (1) There shall be imposed, levied and collected under this Part in respect of the insurance premiums received by any company with respect to property that is situated in the offshore area at the time the insurance premiums become payable, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Insurance Companies Tax Act if the property were situated in the Province.

• Marginal note:Exception

  (2) Despite subsection (1), if taxes are imposed in respect of any matter under the Insurance Companies Tax Act and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

• Marginal note:Application of Newfoundland and Labrador legislation

  (3) Subject to this Act and the regulations made under it, the Insurance Companies Tax Act and any regulations made under section 107 of the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as that Act is amended from time to time, apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

  • (a) a reference in that Act to the Crown is to be read as a reference to Her Majesty in right of Canada;

  • (b) a reference in that Act to the province is to be read as a reference to the offshore area; and

  • (c) a reference in that Act to the Minister responsible for the administration of that Act is to be read as a reference to the Minister of Finance.

• Definition of company

  (4) In this section, company has the same meaning as in the Insurance Companies Tax Act.

Tax Administration Agreement

Marginal note:Power to collect

• 209 (1) Subject to subsection 212(1), where a tax administration agreement is entered into pursuant to subsection (3), taxes, interest, penalties and other sums payable under section 207 or 208 may be collected and administered and refunds in respect thereof may be granted by the Government of the Province on behalf of the Government of Canada in accordance with the terms and conditions of the agreement, as amended from time to time pursuant to subsection (4).

• Marginal note:Negotiation of tax administration agreement

  (2) The Minister of Finance shall, on the request of the Government of the Province, negotiate with the Provincial Minister of Finance a tax administration agreement with respect to the taxes, interest and penalties imposed under sections 207 and 208.

• Marginal note:Tax administration agreement

  (3) On completion of the negotiation of a tax administration agreement pursuant to subsection (2), the Minister of Finance, with the approval of the Governor in Council, shall, on behalf of the Government of Canada, enter into a tax administration agreement with the Government of the Province pursuant to which the Government of the Province shall, on behalf of the Government of Canada, collect and administer the taxes, interest, penalties and other sums payable under sections 207 and 208 and, without limiting the generality of the foregoing, grant refunds or make other payments in respect of those taxes, interest and penalties in accordance with the terms and conditions set out in the agreement.

• Marginal note:Amendments to the agreement

  (4) The Minister of Finance, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement amending the terms and conditions of any tax administration agreement entered into pursuant to subsection (3).

• Marginal note:No further liability

  (5) A tax administration agreement may provide that, where any payment is received by the Government of the Province on account of any taxes, interest, penalties or other sums payable by a person under

  • (a) section 207 or 208, or

  • (b) both

    • (i) section 207 or 208, and

    • (ii) the Consumption Tax Acts or the Insurance Companies Tax Act,

  the payment so received may be applied by the Government of the Province towards the taxes, interest, penalties or other sums payable by the person under any such provision or Act in such manner as is specified in the agreement, notwithstanding that the person directed that the payment be applied in any other manner or made no direction as to its application.

• Marginal note:Idem

  (6) Any payment or part thereof applied by the Government of the Province in accordance with a tax administration agreement towards the taxes, interest, penalties or other sums payable by a person under section 207 or 208

  • (a) relieves that person of liability to pay such taxes, interest, penalties or other sums to the extent of the payment or part thereof so applied; and

  • (b) shall be deemed to have been applied in accordance with a direction made by that person.

• Marginal note:Proof of provision of tax administration agreement

  (7) A document purporting to be an agreement entered into pursuant to subsection (3) or (4) that is

  • (a) published in the Canada Gazette, or

  • (b) certified as such by, or on behalf of, the Receiver General, the Deputy Receiver General or the Minister of Finance

  is, in the absence of evidence to the contrary, evidence of the contents thereof and is admissible in evidence without proof of the signature or official character of the person purporting to have certified it.

Marginal note:Transfer of powers and duties

• 210 (1) Where a tax administration agreement is entered into, the Provincial Minister, on behalf of, or as agent for, the Minister of Finance, is hereby authorized to perform all the duties and to exercise all the powers and any discretion that the Minister of Finance or the Deputy Minister of Finance has under this Part.

• Marginal note:Transfer of powers and duties

  (2) If a tax administration agreement is entered into, the Minister of Finance of the Province may

  • (a) perform the duties and exercise any power or discretion that the Provincial Minister has under subsection (1) or otherwise under this Part; and

  • (b) designate officers of the Department of Finance of the Province to carry out any functions, perform any duties and exercise any powers that are similar to those that are carried out, exercised or performed by them on behalf of the Provincial Minister under the Consumption Tax Acts and the Insurance Companies Tax Act.