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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1121/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1121/96

Horse Racing Regulation and Tax Regulations
under the
Horse Racing Regulation and Tax Act
(O.C. 96‑871)

Under the authority of section 17 of the Horse Racing Regulation and Tax Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Issuance of licence

        4.   Unlicensed operation prohibited

        5.   Licence revocation, cancellation or suspension

        6.   Contravention of Lotteries Act

        7.   Account records

        8.   Returns required

        9.   Commission

      10.   Refund of overpayment

      11.   Interest on refund

      12.   Interest on sum due

      13.   Repeal


Short title

        1. These regulations may be cited as the Horse Racing Regulation and Tax Regulations.

349/78 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Horse Racing Regulation and Tax Act;

             (b)  "licence" means a licence issued and valid under these regulations; and

             (c)  "minister" means the minister appointed under the Executive Council Act to administer the Act.

349/78 s2

Issuance of licence

        3. The minister may issue a licence in the form that the minister may prescribe authorizing the person named in the licence to operate a race track or other place where race meetings are held.

349/78 s3; 1992 cF‑7.1 s11

Unlicensed operation prohibited

        4. A person shall not operate a race track or other place where race meetings are held without a licence.

349/78 s4

Licence revocation, cancellation or suspension

        5. The minister may, upon the recommendation of the board, revoke, cancel or suspend a licence.

349/78 s6

Contravention of Lotteries Act

        6. Where the holder of the licence under these regulations operates an electronic or mechanical amusement device in contravention of the Lotteries Act, the minister may cancel or suspend that person's licence.

40/93 s1

Account records

        7. Persons licensed to conduct race meetings under these regulations shall keep proper books of account, shall provide access to them and shall allow inspection and investigation of them by the board or an agent of the board.

349/78 s7

Returns required

        8. (1) Unless otherwise required by the minister under subsection (2), an operator shall make a return for each calendar month and shall file the returns with the minister not later than 20 days after the end of the month in respect of the month for which the return is made together with the tax collected by the operator.

             (2)  The minister may, in addition to or instead of the returns required under subsection (1), order an operator to make a return for any period and the person so ordered shall make a return for the period so specified within the time specified in the order.

117/93 s1

Commission

        9. Notwithstanding section 8, for collecting and forwarding the tax imposed by the Act, the Newfoundland Harness Racing Company Limited shall be allowed remuneration in the form of a commission equal to 9.5/11 of the tax collected and the commission may be deducted from the remittance required by the Act.

238/83 s1; 129/94 s1

Refund of overpayment

     10. (1) Where an operator has paid to the Crown an amount which exceeds the amount required to be paid, he or she may apply in writing to the minister for a refund of the overpayment.

             (2)  An application for refund shall be supported by the relevant facts, documentation or information that the minister may request.

             (3)  Upon verification of an application for refund, the minister shall pay the verified amount of overpayment to the operator.

             (4)  A refund shall not be paid under this section where the amount of refund is less than $10.

117/93 s2

Interest on refund

     11. (1) Where the minister issues a refund under section 9, he or she shall at the same time pay interest on the amount of the refund at the rate of 0.7% compounded monthly from the date the application is received to the date the refund is approved.

             (2)  Where the minister issues a refund of tax resulting from a review or appeal of an assessment, interest shall be paid to the operator at the rate specified in subsection (1) from the date that the assessment or part of the assessment was paid to the date the refund is approved.

             (3)  Interest shall not be paid under this section when the amount of refund is less than $100.

117/93 s2

Interest on sum due

     12. (1) Interest shall be levied upon any sum due at the rate of 1.2% compounded monthly or part of a month from the date the sum is required to be paid to the date of payment.

             (2)  Interest shall not be levied for a month in which the sum due is less than $100.

117/93 s2

Repeal

      13. The Horse Racing (Regulation and Tax) Regulations, 1963, Newfoundland Regulation 349/78, are repealed.