B.C. Reg. 60/2024, deposited March 18, 2024, under the CARBON TAX ACT [section 84]. Order in Council 143/2024, approved and ordered March 18, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2024, the Carbon Tax Regulation, B.C. Reg. 125/2008, is amended as set out in the attached Schedule.

— K. CONROY, Minister of Finance; J. OSBORNE, Presiding Member of the Executive Council.

Schedule

1 The Carbon Tax Regulation, B.C. Reg. 125/2008, is amended by adding the following sections:

Exemption – regulated operations

15.1 (1) In this section:

"attributable" means attributable under section 3 of the Greenhouse Gas Emission Reporting Regulation;

"new entrant" has the same meaning as in section 1 (1) of the Greenhouse Gas Industrial Reporting and Control Act;

"regulated operation" has the same meaning as in section 1 (1) of the Greenhouse Gas Industrial Reporting and Control Act;

"regulated product" has the same meaning as in section 1 (2) of the Greenhouse Gas Emission Reporting Regulation.

(2) Fuel is exempt from tax under section 8 of the Act if

(a) the fuel is purchased for use by

(i) a regulated operation to produce regulated products, or

(ii) a new entrant,

(b) the use of the fuel will produce greenhouse gas emissions that will be attributable to the regulated operation or new entrant, and

(c) at or before the time of sale, the seller obtains from the purchaser a declaration in a form acceptable to the director.

(3) The declaration referred to in subsection (2) (c) must be retained by the seller to substantiate non-collection of tax on the sale.

(4) Fuel and combustibles are exempt from tax under the Act, other than tax under section 8 of the Act, if

(a) the fuel is used, or the combustibles are burned, by

(i) a regulated operation to produce regulated products, or

(ii) a new entrant, and

(b) greenhouse gas emissions from the fuel or combustibles will be attributable to the regulated operation or new entrant.

Refund – regulated operations

24.1 (1) In this section, "attributable", "new entrant", "regulated operation" and "regulated product" have the same meaning as in section 15.1 (1).

(2) If the director is satisfied that

(a) a person has paid tax on fuel that is used, or combustibles that are burned, by

(i) a regulated operation to produce regulated products, or

(ii) a new entrant, and

(b) greenhouse gas emissions from the fuel or combustibles are attributable to the regulated operation or new entrant,

the director must pay the person a refund of the tax paid on the fuel or combustibles.

Index Page | Previous Regulation | Next Regulation | Cumulative Index Page

Copyright © 2024: King's Printer, Victoria, British Columbia, Canada