Offshore Health and Safety Act (S.C. 2014, c. 13)
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Assented to 2014-06-19
46. Sections 206 to 208 of the Act are replaced by the following:
Marginal note:Definitions
206. The following definitions apply in this Part.
“Consumption Tax Acts”
« lois sur la taxe à la consommation »
“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.
“Insurance Companies Tax Act”
« Loi sur l’imposition des compagnies d’assurances »
“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.
“Newfoundland and Labrador Income Tax Act”
« Loi de l’impôt sur le revenu de Terre-Neuve-et-Labrador »
“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.
“Revenue Fund”
« Fonds de recettes »
“Revenue Fund” means the account established under section 214.
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.
47. Subparagraph 209(5)(b)(ii) of the Act is replaced by the following:
(ii) the Consumption Tax Acts or the Insurance Companies Tax Act,
48. Subsection 210(2) of the Act is replaced by the following:
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.
49. Section 211 of the Act is replaced by the following:
Marginal note:Imposition of corporate income tax in offshore area
211. (1) There shall be imposed, levied and collected under this Part in respect of the taxable income of a corporation earned in a taxation year in the offshore area, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Newfoundland and Labrador Income Tax Act in respect of that taxable income if the offshore area were in the Province.
Marginal note:Exception
(2) Despite subsection (1), if taxes are imposed under the Newfoundland and Labrador Income Tax Act in respect of taxable income of a corporation earned in a taxation year in the Province and taxes would, but for this subsection, be imposed under subsection (1) in respect of that taxable income, no taxes shall be imposed under subsection (1) in respect of that taxable income.
Marginal note:Application of Newfoundland and Labrador Income Tax Act
(3) Subject to this Act and the regulations made under it, the Newfoundland and Labrador Income Tax Act and any 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 that Act to Her Majesty in right of the Province of Newfoundland and Labrador 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 of Finance” is to be read as a reference to
(i) in relation to the remittance of any amount as or on account of tax payable under that Act, the Receiver General for Canada, and
(ii) in relation to any other matter, the Minister of National Revenue for Canada.
Marginal note:Newfoundland and Labrador regulations
(3.1) The following regulations apply for the purposes of subsection (3):
(a) any regulations made under the Newfoundland and Labrador Income Tax Act; and
(b) any regulations made under an Act that was replaced by the Newfoundland and Labrador Income Tax Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Newfoundland and Labrador Income Tax Act.
Marginal note:Determination of taxable income earned in offshore area
(4) For the purposes of this section, the taxable income of a corporation earned in a taxation year in the offshore area or in the Province shall be determined in accordance with rules prescribed by regulations for the purposes of the definition “taxable income earned in the year in a province” in subsection 124(4) of the Income Tax Act.
50. Section 214 of the Act is amended by adding the following after subsection (1):
Marginal note:Change of name
(1.1) The name of the Newfoundland Offshore Petroleum Resource Revenue Fund is changed to Newfoundland and Labrador Offshore Petroleum Resource Revenue Fund.
Marginal note:References
(1.2) A reference in any contract, document, instrument, proclamation or order in council to the Newfoundland Offshore Petroleum Resource Revenue Fund is, unless the context otherwise requires, to be read as a reference to the Newfoundland and Labrador Offshore Petroleum Resource Revenue Fund.
51. Paragraph 216(a) of the Act is replaced by the following:
(a) excluding, for the purposes of this Act, any provision or any part of a provision of the Consumption Tax Acts, the Newfoundland and Labrador Income Tax Act, the Insurance Companies Tax Act or the Petroleum and Natural Gas Act as defined in subsection 97(1) or of any regulation referred to in subsection 97(4.1), 207(3.1), 208(3) or 211(3.1) that is inconsistent with this Act, the Atlantic Accord or any bilateral or international treaty, convention or agreement respecting taxation, tariffs or trade to which the Government of Canada is a signatory; and
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