Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
This is part of an archived statute consolidation that is current to August 17, 2004 and includes changes enacted and in force by that date. |
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SECTION | EFFECTIVE DATE | ||
1 | January 1, 2004 | ||
May 13, 2004 | |||
3 | May 13, 2004 | ||
4 | April 10, 2003 | ||
May 13, 2004 | |||
5 | September 30, 2002 | ||
March 29, 2004 | |||
May 13, 2004 | |||
7 | December 8, 2003 | ||
May 13, 2004 | |||
8 | May 13, 2004 | ||
9 | May 13, 2004 | ||
11 | December 8, 2003 | ||
May 13, 2004 | |||
16 | May 13, 2004 | ||
18 | April 10, 2003 | ||
May 13, 2004 | |||
19 | September 30, 2002 | ||
May 13, 2004 |
Section 1 definition of "collector" BEFORE amended by 2003-52-148(a) effective January 1, 2004 (BC Reg 465/04, repealing BC Reg 428/03).
"collector" means a collector of taxes appointed under the Local Government Act, Vancouver Charter or the Taxation (Rural Area) Act;
Section 1 definition of "municipality" BEFORE repealed by 2003-52-148(b) effective January 1, 2004 (BC Reg 465/04, repealing BC Reg 428/03).
"municipality" means a municipality as defined in the Local Government Act, and includes the City of Vancouver;
Section 1 definition of "owner" paragraph (a) BEFORE amended by 2003-52-148(c) effective January 1, 2004 (BC Reg 465/04, repealing BC Reg 428/03).
(a) an owner as defined in the Local Government Act;
Section 1 definition of "tax Act" paragraph (a)(i) BEFORE amended by 2003-52-148(d) effective January 1, 2004 (BC Reg 465/04, repealing BC Reg 428/03).
(i) the Local Government Act, if the eligible property is in a municipality,
Section 1 definition of "eligible property" BEFORE amended by 2004-40-25(a) effective May 13, 2004 (Royal Assent).
"eligible property" means an area of land with improvements on it that, under the regulations, the minister considers is in genuine use for residential, farming, commercial, or industrial purposes and includes a manufactured home and a vacant parcel of land
(a) not exceeding the greater of 2.03 ha or the smallest parcel into which a municipality or regional district permits land in that municipality or regional district to be subdivided, and
(b) on which the owner certifies that the owner intends to construct a single family dwelling to be used for residential purposes;
Section 1 definition of "owner" paragraph (b)(ii) BEFORE amended by 2004-40-25(b) effective May 13, 2004 (Royal Assent).
(ii) the dwelling unit is the principal place of residence of the occupier, or
Section 1 definitions of "principal residence", "registered charge", "registered security interest", "spouse" and "surviving spouse" added by 2004-40-25(c) effective May 13, 2004 (Royal Assent).
Section 1 definition of "tax" BEFORE amended by 2004-40-25(d) effective May 13, 2004 (Royal Assent).
"tax" means tax levied by a municipality or the Crown on eligible property, but does not include tax arrears, penalties, delinquent tax or interest on them;
Section 3(2) BEFORE repealed by 2004-40-26 effective May 13, 2004 (Royal Assent).
(2) Without limiting the number of agreements an owner may make under section 2 for other eligible properties, an owner is not entitled to make an agreement respecting more than one eligible property that is a vacant parcel of land.
Section 4(2) BEFORE amended by 2003-23-58(a) effective April 10, 2003 (Royal Assent).
(2) Despite subsection (1), the agreement is not terminated under subsection (1) merely because title to the eligible property is transferred to the surviving spouse on death of the owner.
Section 4(3) BEFORE amended by 2003-23-58(b) effective April 10, 2003 (Royal Assent).
(3) Despite subsection (2), a subsequent deferral of tax is contingent on the spouse qualifying under section 5.
Section 4(1)(b) BEFORE repealed by 2004-40-27 effective May 13, 2004 (Royal Assent).
(b) 10 years after the date of the agreement, in respect of a vacant parcel of land described in the agreement that remains vacant at the end of the 10 years,
Section 5(1)(d)(iii) BEFORE amended by 2002-41-47(a) effective September 30, 2002 (BC Reg 256/02).
(iii) a person with disabilities as defined in the Disability Benefits Program Act.
Section 5(3)(f) BEFORE amended by 2003-70-206 effective March 29, 2004 (BC Reg 64/04).
(f) that is a corporation incorporated solely in Canada and registered in British Columbia under the Company Act for not less than one year immediately before the date it applies under this Act and qualifies under paragraphs (a) to (d)
Section 5 BEFORE amended by 2004-40-28 effective May 13, 2004 (Royal Assent).
5 (1) By filing an application as prescribed by section 12 and the regulations, an owner of eligible property may request the minister to enter an agreement for the purpose referred to in section 2 for the 1974 or subsequent taxation years if
(a) the eligible property includes a building used for residential purposes as the owner's principal residence,
(b) the owner has been ordinarily resident in British Columbia for not less than one year immediately before the date the owner applies under this Act,
(c) the owner is a Canadian citizen or has been lawfully admitted to Canada under the Immigration Act (Canada) for permanent residence, and
(d) the owner is, at any time during the year the owner applies,
(i) 60 years of age or older,
(ii) a widow or widower, or
(iii) for any taxation year after the 2002 taxation year, a person with disabilities as defined in the regulations.
(2) Subsection (1) applies also to an owner of eligible property that is or that includes a manufactured home if the owner
(a) uses the manufactured home as the owner's principal place of residence, and
(b) meets the qualifications set out in paragraphs (b) to (d) of that subsection.
(3) An owner of eligible property
(a) whose 1974 net tax on the eligible property increased by more than 20% over the 1973 net tax,
(b) whose total land and improvements in British Columbia had a market value on December 3l, 1973 of not more than $500 000,
(c) who was the owner of the eligible property on December 31, 1973, and continues as owner,
(d) who has paid the tax in full up to and including the taxation year before the year for which the application is made, and
(e) who
(i) has been ordinarily resident in British Columbia for not less than one year immediately before the date the owner applies under this Act, and
(ii) is a Canadian citizen or has been lawfully admitted to Canada under the Immigration Act (Canada) for permanent residence, or
(f) that is a corporation incorporated solely in Canada and registered in British Columbia under the Business Corporations Act for not less than one year immediately before the date it applies under this Act and qualifies under paragraphs (a) to (d)
may, by filing an application as prescribed by section 12 and the regulations, request the minister to enter an agreement for the purpose referred to in section 2.
(4) If the minister makes an agreement under subsection (3), the amount of tax that may be deferred under it in each year
(a) must not exceed,
(i) in 1974, 85%,
(ii) in 1975, 70%,
(iii) in 1976, 55%,
(iv) in 1977, 40%,
(v) in 1978, 25%, and
(vi) in 1979, 10%
of the amount by which the 1974 net tax payable on the eligible property exceeds 120% of the 1973 net tax paid on that property, and
(b) must not include an increase in tax over the amount of tax in the 1973 taxation year caused by a change in the physical characteristics of the eligible property, or by new construction or development in, on or to the eligible property.
(5) Despite subsections (1) to (4), if
(a) the actual value of the eligible property determined by the assessor is less than the total outstanding tax liability and charges against the eligible property, a deferral agreement must not be made, or
(b) the minister considers that the tax that is payable, or the amount deferred under an agreement, is inadequately secured, the minister may, despite the agreement, by notice in writing to the owner, suspend further deferral of tax under subsection (3) or terminate the agreement.
(6) If eligible property is held in joint tenancy or tenancy in common,
(a) in respect of an application under subsection (3), all owners must qualify under that subsection, and
(b) in respect of an application under subsection (1), the principal supporter of the family must qualify under that subsection.
Section 7(6) BEFORE amended by 2003-75-42 effective December 8, 2003 (BC Reg 44/03).
(6) If the registration is not discharged as required by subsection (5), the person registered under section 15 of the Manufactured Home Act as owner of the manufactured home to which the registration relates may require the registrar of the personal property registry to give a written notice to the minister stating that the registration will be discharged by the registrar on the expiry of 40 days after the day the registrar gives the notice to the minister, unless in the meantime the minister gives the registrar a court order maintaining the registration.
Section 7(1)(a) BEFORE amended by 2004-40-29(a) effective May 13, 2004 (Royal Assent).
(a) register it as an encumbrance, as defined in the Land Title Act, in favour of the government and having preference or priority over every claim, lien, charge or encumbrance subsequently registered or filed, and
Section 7(2) BEFORE amended by 2004-40-29(b) effective May 13, 2004 (Royal Assent).
(2) If an agreement is made with an owner under section 6 (2), the minister must register a financing statement in the personal property registry established under the Personal Property Security Act in the form and manner prescribed under that Act.
Section 8(4) BEFORE amended by 2004-40-30 effective May 13, 2004 (Royal Assent).
(4) Despite this section, a widow or a widower who has made an agreement under section 5 (1) and subsequently remarries must not, merely because of remarriage, be required to repay the amounts referred to in subsection (1) until the agreement is terminated under section 4 or 5.
Section 9(4) BEFORE repealed by 2004-40-31 effective May 13, 2004 (Royal Assent).
(4) Despite other provisions of this Act, in the case of a corporation referred to in section 5 (3) (f) and unless the agreement has been earlier terminated, repayment of the amount of the deferred tax must commence on July 31, 1981, and, subject to subsection (1), must be paid in full in annual installments over a 10 year period after that date in the prescribed manner.
Section 11(4)(a) BEFORE amended by 2003-75-43 effective December 8, 2003 (BC Reg 44/03).
(a) issue a transport permit under section 25 of the Manufactured Home Act, or
Section 11(1)(a) and (b) BEFORE amended by 2004-40-32(a) effective May 13, 2004 (Royal Assent).
(a) the agreement and any deferred tax and interest on it are a lien and have priority and preference over any claim, charge or encumbrance subsequently registered or filed in respect of the eligible property,
(b) every such claim, charge or encumbrance is subject to the agreement and to the amount deferred under it, and
Section 11(2) and (3) BEFORE amended by 2004-40-32(b) effective May 13, 2004 (Royal Assent).
(2) The registration of a financing statement in the personal property registry under section 7 (2) creates a lien on the manufactured home to which the registration relates for the deferred taxes and the lien continues as long as the registration is effective.
(3) The lien under subsection (2) has priority over any subsequently perfected security interest and any other subsequent charge or claim.
Section 16 BEFORE amended by 2004-40-33 effective May 13, 2004 (Royal Assent).
16 On or before April 30 in each year, the minister must furnish to the owner who is a party to an agreement under this Act a statement of outstanding deferred taxes, plus accrued interest, as of March 31 of that year.
Section 18(2)(e) was added by 2003-23-59 effective April 10, 2003 (Royal Assent).
Section 18(2)(f) and (g) were added by 2004-40-34 effective May 13, 2004 (Royal Assent).
Section 19 was added by 2002-41-47(b) effective September 30, 2002 (BC Reg 256/02).
Section 19 BEFORE repealed by 2004-40-35 effective May 13, 2004 (Royal Assent).
19 Despite the amendments to this Act by section 47 of the Employment and Assistance for Persons with Disabilities Act and the repeal of the Disability Benefits Program Act, a person who met the definition of a person with disabilities under the Disability Benefits Program Act for any period in the 2002 taxation year is eligible to enter into an agreement under section 2 of this Act for that taxation year.
Copyright (c) 2004: Queen’s Printer, Victoria, British Columbia, Canada