Definitions

1   (1) In this regulation, "Act" means the New Housing Transition Tax and Rebate Act.

(2) In the Act and in this regulation, "addendum", in respect of an agreement within the meaning of section 29 of the Act, means a document that

(a) includes information in relation to the agreement,

(b) does not amend the agreement, and

(c) need not be agreed to by the purchaser.

Specified items in agreement

2   If section 30 (1) of the Act applies to an agreement, the following items in respect of the qualifying sale that is the subject of the agreement must be fully and accurately set out, in writing, as separate items in the agreement:

(a) the value of the consideration for the sale determined under section 13, 14 or 15 of the Act, as applicable;

(b) a statement as to whether or not the amount represented in the agreement as the purchase price includes tax under the Act or under Part IX of the federal Act;

(c) if the amount represented in the agreement as the purchase price includes tax under the Act or under Part IX of the federal Act, a statement identifying each included tax and setting out the rate and amount of each included tax;

(d) if a rebate under the Act or under Part IX of the federal Act has been taken into account in determining the amount payable to the vendor by the purchaser under the agreement, a statement identifying each rebate and setting out the amount of each rebate taken into account;

(e) a statement that discloses whether or not the supplier in respect of the sale is a foreign supplier;

(f) if the supplier in respect of the sale is not a foreign supplier, the following statement:

(g) if the supplier in respect of the sale is a foreign supplier, the following statement:

Specified items in addendum to agreement

3   (1) For the purposes of section 30 (2) of the Act,

(a) the date that is prescribed for the purposes of section 30 (2) (b) of the Act is December 31, 2012, and

(b) the date on or before which a vendor under an agreement must ensure that the purchaser is provided with the addendum to the agreement is January 2, 2013.

(2) If section 30 (2) of the Act applies to an agreement,

(a) the items specified in section 2 (a) to (g) of this regulation, as applicable, must be included in the addendum to the agreement referred to in section 30 (2) of the Act,

(b) the addendum must be signed by the vendor, and

(c) for certainty, the addendum need not be signed by the purchaser.

(3) An addendum to an agreement may be provided to the purchaser under section 30 (2) of the Act in any of the following ways:

(a) by giving a copy in person to the purchaser or an agent of the purchaser;

(b) by sending a copy by courier or registered mail to the purchaser's address of record for delivery specified in the agreement;

(c) by transmitting a copy to the purchaser's facsimile number of record specified in the agreement, if a facsimile confirmation of receipt is obtained;

(d) by sending a copy by any other method, including, without limitation, by electronic mail, if written confirmation of receipt by the purchaser or the purchaser's agent is obtained.

(4) An addendum to an agreement that is provided to the purchaser in accordance with subsection (3) is deemed to have been provided to the purchaser as follows:

(a) if provided by giving a copy in person, on the date the copy is given;

(b) if provided by sending a copy by courier or registered mail, on the date the copy is sent;

(c) if provided by transmitting a copy by facsimile, on the date of receipt of the facsimile indicated on the confirmation of receipt;

(d) if provided by sending a copy by any other method under subsection (3) (d), on the date of receipt indicated on the confirmation of receipt.

Specified items in statement of adjustments or other document

4   (1) If section 30 (3) of the Act applies to a qualifying sale of an affixed residential complex, or of an interest in an affixed residential complex, the following must be fully and accurately set out, in writing, as separate items in the statement of adjustments or other document in respect of the sale referred to in that section:

(a) the value of the consideration for the sale determined under section 13, 14, 15 or 19 (2) of the Act, as applicable;

(b) a statement as to whether or not tax under section 165 (1) of the federal Act is payable in respect of the sale and the amount, if any, of that tax;

(c) a statement as to whether or not tax under the Act in respect of the sale

(i) is payable, or

(ii) in the case of a grandparented taxable sale, is deemed under section 19 (4) of the Act to have been paid,

and the amount, if any, of that tax;

(d) each of the following completion percentages in respect of the complex:

(i) if the relevant construction or substantial renovation in respect of the complex or an addition to the complex was partially or fully completed before July 1, 2010, the completion percentage immediately before that date;

(ii) the completion percentage immediately before April 1, 2013;

(iii) the completion percentage at the time that is, or would be if tax under section 165 (1) of the federal Act were payable in respect of the sale, the tax point in respect of the sale;

(e) the amount of any rebate under section 21 of the Act, in respect of the sale, that the supplier is entitled to claim;

(f) the amount of any Part IX transitional new housing rebate that the supplier has claimed or is entitled to claim in respect of the complex;

(g) the amount of any rebate under section 254 or 254.1 of the federal Act that the vendor has agreed to pay to or credit in favour of the purchaser under section 254 (4) or 254.1 (4) of the federal Act, as applicable;

(h) a statement that discloses whether or not the supplier in respect of the sale is a foreign supplier.

(2) In the case of a qualifying sale that is a grandparented taxable sale, the statement of adjustments or other document referred to in subsection (1) must, in addition to the items referred to in subsection (1), include the following statement:

(3) In the case of a qualifying sale other than a grandparented taxable sale, in respect of which qualifying sale the supplier is a foreign supplier, the statement of adjustments or other document referred to in subsection (1) must, in addition to the items referred to in subsection (1), include the following statement:

Prescribed rebates under section 37 of the Act

5   (1) Rebates under sections 21, 23, 24 and 25 of the Act are prescribed rebates for the purposes of section 37 (3) of the Act.

(2) A rebate under section 21 of the Act is a prescribed rebate for the purposes of section 37 (4) of the Act.

Regulations under section 66 of the Act

6   (1) Section 296 (2.1), (3), (3.1), (4.1), (5), (6), (6.1), (7) and (8) of the federal Act applies for the purposes of the Act.

(2) In applying section 296 (2.1) of the federal Act for the purposes of the Act, references to a rebate are to be read as references to only a rebate under section 21 or 23 of the Act.

(3) In applying section 296 (3) and (8) of the federal Act for the purposes of the Act, in addition to any other necessary changes, the words "overpayment of net tax" in those provisions are to be read as "overpayment of a remittance amount".

(4) In applying section 296 (4.1) (a) of the federal Act for the purposes of the Act, in addition to any other necessary changes, the words "and, in the case of a rebate under section 261, if subsection 261 (3) allowed the person" are to be read as "and if the person were allowed".

(5) In applying section 296 (7) of the federal Act for the purposes of the Act, in addition to any other necessary changes,

(a) if an administrative agreement applies, that provision is to be read as if the words "the New Housing Transition Tax and Rebate Act (British Columbia)," were added after the words "this Act," and

(b) if an administrative agreement does not apply, that provision is to be read as if

(i) the words "this Act" were read as "the New Housing Transition Tax and Rebate Act (British Columbia)", and

(ii) the references to the Air Travellers Security Charge Act, the Excise Act, 2001 and the Income Tax Act were excluded.

Prescribed Acts under section 84 of the Act

7   The following are prescribed for the purposes of section 84 of the Act:

(a) any Act of British Columbia;

(b) any Act of Canada.

Application of the federal filing regulations

8   (1) In this section, "federal filing regulations" means the Electronic Filing and Provision of Information (GST/HST) Regulations made under the federal Act.

(2) Sections 8, 9 and 11 to 15 of the federal filing regulations do not apply for the purposes of the Act.

(3) For certainty, sections 5 to 7, 10 and 16 of the federal filing regulations do not apply for the purposes of the Act.