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Statutes of Newfoundland 1998


CHAPTER S-13.2

AN ACT RESPECTING THE IMPOSITION OF A CHARGE RELATED TO THE PROVISION OF CERTAIN GOVERNMENT SERVICES

(Assented to December 15, 1998)

Analysis

1. Short title

2. Registration of judgment charge

3. Condominium registration charge

4. Charge on estate value

5. Land registration charge

6. Fees considered as charges

7. Crown bound

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


Short title

1. This Act may be cited as the Services Charges Act.

Registration of judgment charge

2. (1) A charge is payable to the Crown for the registration of a notice of judgment, a writ, a warrant for the arrest of a ship or another writing evidencing a judgment or order of a court in the office of the High Sheriff of Newfoundland.

(2) The amount payable under subsection (1) for each registration shall be $75 or one percent of the amount set out in the document registered, whichever is greater, to a maximum amount of $1,500.

Condominium registration charge

3. (1) A charge is payable to the Crown for the registration of a declaration and plan under section 3 of the Condominium Act in the Registry of Deeds.

(2) The amount payable under subsection (1) for each registration shall be

(a) $50, where the value of the property that is the subject of the registration does not exceed $500; and

(b) where the value of the property that is the subject of the registration exceeds $500, $50 plus $0.40 for each additional $100.

Charge on estate value

4. (1) A charge is payable to the Crown by the estate of a deceased person for a grant of letters of probate or administration or the resealing of a foreign grant under Part VI of the Judicature Act.

(2) The amount payable under subsection (1) upon a grant of letters of probate or administration or the resealing of a foreign grant is $60 where the value of the estate does not exceed $1,000.

(3) Where the value of an estate exceeds $1,000, the amount payable under subsection (1) upon a grant of letters of probate or administration or the resealing of a foreign grant is $60 plus $0.50 for each additional $100 in the value of the estate.

(4) The charge payable under subsection (1) is payable by the executor or administrator of the estate in his or her representative capacity only.

(5) Where, after a grant of letters of probate or administration, the value of an estate is determined to be less than the value first certified, the executor or administrator may apply for and shall be granted a refund of the amount of an overpayment.

(6) Where, after a grant of letters of probate or administration, the value of an estate, is determined to be greater than the value first certified, the executor or administrator shall pay an additional amount calculated on the basis of the amount by which the true value of the estate exceeds the value first certified.

Land registration charge

5. (1) A charge is payable to the Crown for the registration in the Registry of Deeds under section 7 of the Registration of Deeds Act of a conveyance of land, a mortgage of land or the assignment of a lease of land.

(2) The amount payable under subsection (1) for each registration of a conveyance or an assignment of a lease of land shall be paid at the time of registration and shall be

(a) $50, where the value of the land that is the subject of the registration does not exceed $500; and

(b) where the value of the land that is the subject of the registration exceeds $500, $50 plus $0.40 for each additional $100.

(3) The amount payable under subsection (1) for each registration of a mortgage of land shall be paid at the time of registration and shall be

(a) $50, where the value of the land secured by the mortgage does not exceed $500; and

(b) where the value of the land secured by the mortgage exceeds $500, $50 plus $0.40 for each additional $100 to a maximum of $5,000.

(4) Where the amount of indebtedness secured by a mortgage exceeds the value of the land that is the subject of the mortgage, the amount payable under subsection (1) shall be calculated based on the amount of indebtedness secured by the mortgage and shall be

(a) $50, where the amount of indebtedness secured by the mortgage does not exceed $500; and

(b) where the amount of indebtedness secured by the mortgage exceeds $500, $50 plus $0.40 for each additional $100 to a maximum of $5,000.

Fees considered as charges

6. (1) Where, before the coming into force of this Act, a fee or another charge in the nature of a fee, whether contained in a regulation or an order or directive of a minister or other person or body, was charged and collected with respect to a registration referred to in subsection 2(1), 3(1) or 5(1), or the grant of letters of probate or administration or the resealing of a foreign grant referred to in subsection 4(1), the fee shall be considered to have been a validly imposed charge and shall be considered to have been as validly imposed and collected as if it had been imposed by an Act of the legislature.

(2) Money paid as a fee that is considered to be a valid charge by subsection (1) is conclusively considered to be the property of the Crown.

Crown bound

7. The Crown in right of the province and the Crown in right of Canada are bound by this Act.

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