2009 BILL 52

	52


Second Session, 46th General Assembly 58 Elizabeth II, 2009
BILL 52
AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT AND THE MUNICIPALITIES ACT, 1999
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE THOMAS J. HEDDERSON Minister of Municipal Affairs (Acting)
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would allow the councils of the Cities of Corner Brook, Mount Pearl and St. John's as well as councils covered under the Municipalities Act, 1999 to allow the charging of simple or compound interest on arrears of taxes.

This Bill would also validate interest schemes in place before the coming into force of these amendments.

A BILL

AN ACT TO AMEND THE CITY OF CORNER BROOK ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT AND THE MUNICIPALITIES ACT, 1999

Analysis

CITY OF CORNER BROOK ACT

1. S.132 Amdt.
Interest on arrears

CITY OF MOUNT PEARL ACT

2. S.131 Amdt.
Interest on arrears

CITY OF ST. JOHN'S ACT

3. S.85.1 Amdt.
Interest on arrears

4. S.261 Amdt.
Payment of taxes

CITY OF ST. JOHN'S MUNICIPAL
TAXATION ACT

5. S.23 Amdt.
Interest on arrears

MUNICIPALITIES ACT, 1999

6. S.107 Amdt.
Interest on arrears
as amended

7. Transitional

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

CITY OF CORNER BROOK ACT

RSNL1990 cC-15
as amended

1. Section 132 of the City of Corner Brook Act is amended by adding the words "simple or compound" immediately before the word "interest" where it first occurs and by adding immediately after the word "establishing" the words and comma "whether the interest shall be simple or compound,".

CITY OF MOUNT PEARL ACT

RSNL1990 cC-16
as amended

2. Section 131 of the City of Mount Pearl Act is amended by adding the words "simple or compound" immediately before the word "interest" where it first occurs and by adding immediately after the word "establishing" the words and comma "whether the interest shall be simple or compound,".

CITY OF ST. JOHN'S ACT

RSNL1990 cC-17
as amended

3. Section 85.1 of the City of St. John's Act is amended by adding the words "simple or compound" immediately before the word "interest" where it first occurs and by adding immediately after the word "establishing" the words and comma "whether the interest shall be simple or compound,".

4. Subsections 261(3) and (4) of the Act are repealed and the following substituted:

(3) Taxes that are payable to the city under this Act and unpaid on the last day of the month in which they become due to the city, shall, until paid, bear and are subject to simple or compound interest, if before making that charge, the council passes a resolution establishing whether the interest shall be simple or compound, the rate of interest to be charged and when the interest shall be applied.

CITY OF ST. JOHN'S MUNICIPAL
TAXATION ACT

SNL2006 cC-17.1
as amended

5. Section 23 of the City of St. John's Municipal Taxation Act is amended by adding the words "simple or compound" immediately before the word "interest" where it first occurs and by adding immediately after the word "establishing" the words and comma "whether the interest shall be simple or compound,".

MUNICIPALITIES ACT, 1999

SNL1999 cM-24
as amended

6. (1) Subsection 107(1) of the Municipalities Act, 1999 is amended by adding the words "simple or compound" before the word "interest" where it first occurs and by adding immediately after the word "establishing" the words and comma "whether the interest shall be simple or compound,".

(2) Subsection 107(2) of the Act is amended by adding the words "simple or compound" before the word "interest" where it first occurs and by adding immediately after the word "establishing" the words and comma "whether the interest shall be simple or compound,".

Transitional

7. Interest charged, whether compound or simple, under section 132 of the City of Corner Brook Act, section 131 of the City of Mount Pearl Act, sections 85.1 and 261 of the City of St. John's Act, section 23 of the City of St. John's Municipal Taxation Act and section 107 of the Municipalities Act, before the coming into force of this Act is considered to have been validly charged.