This is not an official version.

POINT IN TIME

  December 12, 2006 to May 27, 2009
 

Repealed on May 28, 2009
Rep. by SNL2009 cR-15.01

RSNL1990 CHAPTER I-11

INSURANCE COMPANIES TAX ACT

Amended:

1992 c16 s18 - 20; 1997 c11; 2001 cN-3.1 s2; 2005 c37; 2006 c40 s21

CHAPTER I-11

AN ACT RESPECTING THE IMPOSITION OF A TAX ON INSURANCE COMPANIES

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Imposition of tax

       
4.   Returns and payment

       
5.   Return by trustees, etc.

       
6.   Statutory declaration

       
7.   Extension of time

       
8.   Payment of tax with return

       
9.   Records to be kept by company

     
10.   Power to make assessment

     
11.   Examination of returns

     
12.   Refunds

     
13.   Power to reassess

     
14.   Review by minister

   
14.1   Appeal to Trial Division

     
15.   Court of Appeal

     
16.   Appeal not to affect due date of tax

     
17.   Trustee and others to get certificate that no tax outstanding

   
17.1   Regulations

     
18.   Tax constitutes a lien

     
19.   Notice of proceedings

     
20.   Recovery of taxes by action

     
21.   Issue of certificate

     
22.   Demand on 3rd party

     
23.   Distress

     
24.   Exercise of recovery powers

     
25.   Failure to pay tax or file returns

     
26.   Penalty and interest reviewed

     
27.   Remission

     
28.   Failure to keep records

     
29.   Violation of section 17

     
30.   False returns

     
31.   Penalty where no other penalty provided

     
32.   Liability of company officers

     
33.   Notices in writing

     
34.   Affidavit that return or remittance not received in Department of Finance

     
35.   Laying of information and hearings

     
36.   Limitation of prosecutions

     
37.   Fines part of Consolidated Revenue Fund

     
38.   Interchange of information

     
39.   Delegation of powers

     
40.   Forms

     
41.   Exemption from similar municipal taxes


Short title

        1. This Act may be cited as the Insurance Companies Tax Act .

RSN1970 c177 s1

Back to Top

Definitions

        2. In this Act

             (a)  "annuity contract" means a contract that provides for the payment of an income for a specified period or for life and under the terms of which the sole benefit stated to be payable by reason of death does not exceed the sum of the amounts paid as consideration for the contract together with interest;

             (b)  "business transacted in the province" means

                      (i)  in the case of insurance in respect of loss of or damage to property of all kinds, all contracts on which premiums are receivable from or in respect of persons whose property was situated in the province when their premiums became payable, and

                     (ii)  in the case of other insurance, all contracts on which premiums are receivable from or in respect of persons who were residents of the province when their premiums became payable;

             (c)  "Canadian company" means a company formed or incorporated by an Act of the Parliament of Canada or of the Legislature of a province;

             (d)  "company" means a person, company, society, association, partnership, exchange or underwriter which carries on or transacts in the province a business of insurance to which the Insurance Companies Act or the Life and Accident Agents Licensing Act applies, or any other business of insurance, and includes a person who administers a contract of insurance under an administrative services only plan or any other financial arrangement which provides group insurance, and an attorney authorized to act for, or acting for, a reciprocal or inter-insurance exchange and underwriters or syndicates of underwriters operating on the plan known as "Lloyd's" but does not include

                      (i)  a purely mutual company in respect of a year in which the net premium income in the province of that mutual company is to the extent of not less than 50% derived from the insurance of farm or fishing property or wholly derived from the insurance of churches, schools, or other religious, educational, or charitable institutions,

                     (ii)  a fraternal or sororal benefit society, or

                    (iii)  a mutual benefit society;

          (d.1)  "contract of insurance" includes an administrative services only contract or any other financial arrangement for group insurance;

             (e)  "dividend" without restricting the ordinary meaning of the word, includes an amount payable, or subject to be credited, by a company to its insured and that is composed in whole or in part of a portion of the amount previously paid by the insured as a premium or as a deposit or payment under a reciprocal contract of indemnity or inter-insurance;

              (f)  "exchange" or "reciprocal or inter-insurance exchange" means a group of subscribers exchanging reciprocal contracts of indemnity of inter-insurance with each other through the same attorney;

             (g)  "foreign company" means a company formed or incorporated by the laws of a country other than Canada ;

             (h)  "fraternal or sororal benefit society" means a society, order or voluntary association incorporated or formed to carry on for the purpose of making with its members only and not for profit contracts of life, accident or sickness insurance under which benefits may be paid only to its members or their beneficiaries in accordance with its constitution and laws and the laws of the province;

          (h.1)  "group insurance" means a policy of insurance or any other financial arrangement that covers a specified group and other persons and gives protection against risk to an individual such as death, disability, loss of income due to illness or accident, and payments for supplemental health care, drugs, dental and other expenses;

              (i)  "marine insurance" means insurance against marine losses, that is to say, the losses incident to marine adventure, and includes insurance that, by the express terms of a contract or by usage of trade, extends so as to protect the insured against losses on land or air or inland water risk that is incidental to a sea voyage;

              (j)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (k)  "mutual benefit society" means a mutual company formed for the purpose of providing sick and funeral benefits for its members or for this and other necessary or incidental purposes except life insurance;

              (l)  "mutual company" means a company without share capital or with guarantee capital stock subject to repayment by the company, in respect of which the dividend rate is limited by its Act or other instrument of incorporation which is empowered to undertake mutual insurance exclusively;

            (m)  "mutual insurance" means a contract of insurance in which the consideration is not fixed or certain at the time the contract is made and is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of that consideration is predetermined;

         (m.1)  "plan holder" means with regard to group insurance, the person who holds the group insurance on behalf of the insured members;

             (n)  "policyholder" includes the personal representative or beneficiary of the policyholder;

             (o)  "premium" means the single or periodic payment made as consideration under a contract of insurance and includes the amount collected from a subscriber under a reciprocal contract of indemnity or inter-insurance for the purpose of defraying losses incurred by the subscriber to a reciprocal or inter-insurance exchange and the necessary operation expenses of the exchange;

             (p)  "return" means a return required to be filed under this Act or the regulations and includes information obtained under this Act from the records of a company, or from a 3rd party where that information relates to the company;

             (q)  "sheriff" means the Sheriff of Newfoundland and Labrador and includes sub-sheriffs and deputy sheriffs;

              (r)  "tax" means a tax imposed or assessed under this Act and includes interest payable in respect of the tax and a penalty imposed under this Act; and

             (s)  "year" means calendar year.

RSN1970 c177 s2; 1971 No7 s2; 1971 No14 s2; 1980 c10 s1; 1980 c22 s2; 1997 c11 s1; 2001 cN-3.1 s2; 2006 c40 s21

Back to Top

Imposition of tax

        3. (1) A company shall pay to the minister for the use of the province, a tax equal to 4% of the gross premiums that become payable to it during the year in respect of business transacted by it in the province, other than premiums in respect of reinsurance ceded to the company by other companies and premiums or other consideration becoming payable to the company in respect of annuities, after deducting from those gross premiums a sum equal to

             (a)  the cash value of dividends paid or credited to policyholders in that year; and

             (b)  the premiums returned by the company in that year.

             (2)  Notwithstanding subsection (1), a company which administers a contract of insurance under an administrative services only plan or any other financial arrangement, shall pay a tax equal to 4% of the value of benefits paid out of the plan as well as any dues, assessments, and administrative costs or fees charged to the plan holder, policy or program of insurance.

             (3)  This Act does not apply to premiums receivable in respect of contracts of marine insurance.

RSN1970 c177 s3; 1979 c26 s1; 1980 c10 s2; 1987 c23 s1; 1997 c11 s2

Back to Top

Returns and payment

        4. (1) A company that is liable to pay tax shall, before March 21 in each year and without notice or demand by the minister, send to the minister in the form required by him or her,

             (a)  a return which shows the amount of tax payable by the company for the preceding year; and

             (b)  the tax payable for the preceding year, less the amount of payment made under subsection (1.1).

          (1.1)  A company that is liable to pay tax shall pay to the minister on, or before the twentieth day of each month of the year, an instalment payment that is equal to 1/12 of the tax payable as estimated by the company.

          (1.2)  A company that is liable to pay tax shall file with the minister, along with the return and tax payment required under subsections (1) and (1.1), the information that the minister considers necessary.

             (2)  Where the minister knows or suspects that a company which is liable to pay the tax has ceased or is about to cease transacting business in the province, the minister may by notice require that company immediately to file a return showing the amount of tax payable by the company up to the time when the return is filed, together with other information which the minister considers necessary.

             (3)  Where the minister for any purpose of this Act wishes information or a return from a company which has not made a return under this Act, or wishes additional information or a further return from a company which has made a return, the minister may demand from the company the information or return desired, and that company shall provide or deliver the information to the minister or make the return with him or her within the time, specified in the demand.

RSN1970 c177 s4; 1971 No7 s3; 1971 No14 s2; 1983 c16 s1; 2005 c37 s1

Back to Top

Return by trustees, etc.

        5. A trustee in bankruptcy, assignee, liquidator, receiver, administrator and other person administering, managing, winding up, controlling or otherwise dealing with the property or business of a company which has failed to file a return shall file the return.

RSN1970 c177 s5

Back to Top

Statutory declaration

        6. Upon receipt of a demand from the minister, a company which is filing a return shall, within the time specified in the demand, verify the correctness of the return by the statutory declaration of the person who files the return on behalf of the company.

RSN1970 c177 s6

Back to Top

Extension of time

        7. The minister may at any time extend the time for the filing of a return.

RSN1970 c177 s7

Back to Top

Payment of tax with return

        8. (1) Where a company sends a return under section 4, it shall remit to the minister, together with the return, the amount of the tax, payable by it in respect of the period covered by the return.

             (2)  Where a company does not pay tax in the time and manner required, interest shall be levied upon that tax at the rate and in the manner that is prescribed by the regulations, and the regulations may provide a minimum amount upon which the interest will be levied.

             (3)  Where a certificate has been issued under section 21, interest under subsection (2) shall continue to be added to the amount of the tax payable as contained in the certificate.

             (4)  The minister may remit interest or a penalty imposed under this section and section 13.

             (5)  A remission under this section may be total or partial, conditional or unconditional, and may be granted whether before or after or pending a suit or proceeding for the recovery of a penalty or interest and before or after a payment of it has been made or enforced by process or execution.

RSN1970 c177 s8; 1971 No7 s4; 1971 No14 s2; 1979 c26 s2; 1981 c71 s2; 1992 c16 s18; 2005 c37 s2

Back to Top

Records to be kept by company

        9. (1) A company shall keep books of account or other records which are, in the opinion of the minister, adequate for the purposes of this Act and where the books or other records kept by a company are, in the minister's opinion, inadequate for the purpose of this Act, the minister may prescribe the form of and the information to be contained in the books or other records to be kept by that company.

             (2)  The minister or a person authorized by the minister for the purpose may visit the head office or other premises of a company in the province or the place of business in Canada of a Canadian or foreign company where the records respecting the business transacted by the company in the province are kept and examine the books and records of the company for the purpose of verifying a return.

RSN1970 c177 s9

Back to Top

Power to make assessment

     10. Where a company fails to make a return or makes an incorrect or false return, the minister may make an investigation as to the premium income of the company and make his or her own valuation of the premium income, and the minister may proceed to assess and tax that income and where the minister gives a notice of assessment to the company the tax is due immediately.

RSN1970 c177 s10

Back to Top

Examination of returns

     11. (1) The minister shall direct all returns which the minister receives to be examined as soon as possible after he or she receives them, and after the minister has examined the return of a company the minister shall, by assessment, verify or alter the amount of the tax as estimated by the company in the return and shall give a notice of the assessment to the company where the amount of the tax has been altered and the notice shall be considered to be given on the day on which it is mailed.

             (2)  The company shall, not later than 1 month after the last day of the month in which the notice of assessment is given under subsection (1), pay to the minister an additional amount of tax found due in excess of the amount paid by the company and as shown by the notice of assessment, together with interest at the rate of 6% a year from March 20 in the year in which the tax is payable until the date of payment.

RSN1970 c177 s11; 1983 c16 s2; 1988 c21 s1

Back to Top

Refunds

     12. (1) Where a company pays to the minister an amount which exceeds the amount of tax required to be paid, the minister may refund to that company the amount of the overpayment, together with interest, at the rate and in the manner that is prescribed by the regulations.

             (2)  Notwithstanding subsection (1), where a company owes money to the Crown under this or another Act, the minister shall deduct the amount owing from the refund and shall inform the company of the set-off.

             (3)  Notwithstanding subsection (1), the minister shall not make a payment under this section unless the overpayment is disclosed to or by the minister within 3 years from the date on which that overpayment was made.

             (4)  Notwithstanding subsection (1), refund and interest payments under this section may be restricted or denied as prescribed by the regulations.

             (5)  Money paid under this section shall be paid out of the Consolidated Revenue Fund and shall be accounted for as a reduction of revenues under this Act.

1992 c16 s19

Back to Top

Power to reassess

     13. Notwithstanding a prior assessment, or where no assessment has been made, a company continues to be liable for tax and to be assessed for the tax, and the minister may at any time assess a company for tax, interest and penalties, and may

             (a)  at any time, where the company has made a misrepresentation or committed a fraud in making its return or supplying information under this Act; or

             (b)  within 6 years from the date of the original assessment in any other case,

reassess or make additional assessments upon a company for tax, interest and penalties.

RSN1970 c177 s13

Back to Top

Review by minister

      14. (1) A company that objects to the amount of an assessment made under this Act or considers that it is not liable for tax imposed upon it may directly, or by its agent, within 90 days after receiving the notice of the assessment of liability for tax, serve a notice of review upon the minister.

             (2)  A notice of review served under subsection (1) shall be in writing and shall set out clearly the reasons for the review and the facts related to the review.

             (3)  Upon receipt of a notice served under subsection (1), the minister shall conduct a review and may affirm, rescind or amend the assessment and shall send by registered mail to the company or serve upon the company notice of his or her decision.

2005 c37 s3

Back to Top

Appeal to Trial Division

   14.1 (1) Where a company is dissatisfied with the decision of the minister given under section 14, the company may appeal from that decision to the Trial Division.

             (2)  An appeal under subsection (1) shall be made by filing in the Trial Division, within 60 days after the date on which the notice of the decision was sent by registered mail or served under subsection 14(3), or a further period that a judge of the Trial Division may on application allow, a statement of claim naming the Crown as the defendant and setting out the grounds of the appeal.

             (3)  Upon a statement of claim being filed under subsection (2), the proceeding shall continue in the same manner as other proceedings in the Trial Division unless the court orders otherwise, and a party to the proceeding may apply to a judge of the Trial Division for directions as to the conduct of or steps to be taken in the proceeding and a judge of the Trial Division may make the order that he or she thinks advisable respecting the conduct of the proceeding and steps to be taken.

             (4)  Upon an appeal under this section, the Trial Division may affirm, set aside or vary the decision appealed and may, in delivering a judgment disposing of the appeal, order payment or repayment of the tax, interest and penalties, or costs, by the company or the government of the province.

2005 c37 s3

Back to Top

Court of Appeal

     15. (1) An appeal lies from an order or decision of the judge given under section 14.1 to the Court of Appeal upon a point of law raised upon the hearing of the appeal under section 14.1 and the practices and procedure under the Judicature Act , and the Rules of the Supreme Court, 1986 made under that Act apply to proceedings under this section.

             (2)  The Court of Appeal may award costs in an appeal under subsection (1) for or against the minister and may fix the amount of the costs.

1986 c42 Sch B; 2005 c37 s4

Back to Top

Appeal not to affect due date of tax

     16. Neither the giving of a notice of appeal by a company nor a delay in the hearing of the appeal affects the due date, the interest or penalties, or a liability for payment provided by this Act in respect of a tax that is the subject-matter of the appeal, or delays the collection of the tax, but, where the tax is set aside or is reduced on appeal, the minister shall refund to the company the amount of the tax or excess which it has paid, together with additional interest or penalty which was imposed upon and paid by the company on the tax or excess tax.

RSN1970 c177 s16

Back to Top

Trustee and others to get certificate that no tax outstanding

     17. No assets of a company or of the estate of a company shall be distributed by a trustee in bankruptcy, assignee, liquidator, receiver, administrator, or other similar person, until the minister has given a certificate that no unpaid assessment of tax, interest and penalties properly chargeable against the property of the company remains outstanding.

RSN1970 c177 s17

Back to Top

Regulations

   17.1 The Lieutenant-Governor in Council may make regulations

             (a)  prescribing the circumstances under which refunds and interest may be granted or denied;

             (b)  prescribing restrictions on the granting or denying of refunds and interest;

             (c)  prescribing the circumstances under which penalties shall be assessed;

             (d)  prescribing rates and methods of calculating interest, the forms, documents, times and the manner of assessing penalties or paying refunds, interest and making other payments;

             (e)  respecting the manner in which returns are to be filed;

          (e.1)  respecting a variation in the time of filing a return and the criteria required for a varied time of filing;

          (e.2)  respecting the forms of returns and the information required with a return;

          (e.3)  respecting reviews of disputed assessments and liability for tax by the minister; and

              (f)  generally for the better carrying out of the provisions of this Act.

1992 c16 s20; 2005 c37 s5

Back to Top

Tax constitutes a lien

     18. (1) A tax, together with interest on it, and a penalty in respect of the tax constitute a lien or charge in favour of the Crown on the entire assets of the estate of the company in the hands of a trustee and have priority over all other claims of every person, except claims secured by registered liens, charges or encumbrances registered before the imposition or assessment of the tax.

             (2)  The liens and charges created by this section and their priority shall not be lost or impaired by neglect, omission or error of the minister or of an agent or officer of the minister or by the taking of or failure to take proceedings to recover the taxes, interest or penalties due or by the tender or acceptance of a partial payment of the taxes, interest or penalty.

RSN1970 c177 s18

Back to Top

Notice of proceedings

     19. Before taking proceedings for the recovery of a tax, the minister shall give notice to the company of his or her intention to take proceedings but failure to give notice under this section does not affect the validity of proceedings taken to recover the tax.

RSN1970 c177 s19

Back to Top

Recovery of taxes by action

     20. The minister may recover the amount of the tax that is due by action in a court as a debt due the Crown and the court may award costs in the action for or against the minister.

RSN1970 c177 s20

Back to Top

Issue of certificate

     21. (1) Where a company fails to pay the tax or a part of it, the minister may issue a certificate stating that the tax was imposed or assessed, the amount of the tax remaining unpaid, and the name of the company by which it is payable.

             (2)  The minister may file a certificate issued under subsection (1) in the Registry of the Supreme Court and, where the minister has filed it, the certificate has the same effect and all proceedings may be taken on it as if it were a judgment for the recovery of a debt of the amount specified in the certificate.

             (3)  The minister may recover all reasonable costs and charges attendant upon the filing of a certificate under subsection (2) in the same manner as the amount stated in the certificate.

RSN1970 c177 s21

Back to Top

Demand on 3rd party

     22. (1) The minister may by letter delivered personally or sent by registered mail to a person who is indebted or is about to become indebted to a company liable for payment of the tax demand that that person pay to the minister on account of that company's liability to the minister under this Act the whole or part of the money otherwise payable by that person to the company.

             (2)  The receipt of the minister for money paid to the minister under subsection (1) constitutes a sufficient discharge of the liability of the person indebted to the company to the extent of the amount stated in the receipt.

             (3)  A person who, after he or she receives a demand from the minister under subsection (1), discharges any of his or her liability to a company referred to in that subsection is personally liable to the minister to the extent of the liability so discharged as between that person and the company or to the extent of the liability of the company for taxes, whichever is the lesser amount.

RSN1970 c177 s22

Back to Top

Distress

     23. The minister may levy the amount of the tax that is due by distress upon the goods and chattels wherever found of the company liable for the tax under a warrant signed by the minister and directed to the sheriff and the sheriff shall realize the amount of the tax in arrears and all costs by sale of those goods and chattels or so much of those goods and chattels as may be necessary to satisfy the warrant and costs.

RSN1970 c177 s23

Back to Top

Exercise of recovery powers

     24. The powers conferred by this Act for the recovery of taxes by action in court, by filing a certificate, by distress and by demand under section 22 may be exercised separately or concurrently or cumulatively and the liability of a company for the payment of a tax is not affected by the fact that a fine or penalty has been imposed on or paid by it in respect of a contravention of this Act.

RSN1970 c177 s24

Back to Top

Failure to pay tax or file returns

      25. (1) A company that fails to pay a tax or part of a tax in accordance with section 3 or 8 or to file a return or make a payment in accordance with section 4 or 5 within the required time may be liable, regardless of whether the company is prosecuted or convicted under this Act, to a fine to be assessed by the minister

             (a)  not exceeding $100 for each day during which the failure continued; or

             (b)  of 10% of the tax that is unpaid,

and a fine under this subsection shall be considered to be and may be collected as tax payable under this Act.

             (2)  The minister is not bound by a return or information supplied by or on behalf of a company and the minister may, notwithstanding a return or information supplied by the company, or where a return has not been sent to the minister as required, make the assessment contemplated under this Act.

2005 c37 s6

Back to Top

Penalty and interest reviewed

     26. (1) A company or person who is dissatisfied by a penalty or interest imposed under sections 8 and 25 may apply to the minister for a review of the amount fixed; and the minister, after considering the application, shall confirm or amend the amount imposed by way of penalty or interest, and where the minister is satisfied that no loss has been sustained by the Crown, revoke the imposition of the penalty or interest and notify the company or person accordingly.

             (2)  The amount of penalty or interest fixed in the notification given under this section shall, for the purpose of this Act, be considered to be the amount fixed by the minister.

1979 c26 s3

Back to Top

Remission

     27. (1) Notwithstanding another Act or another provision of this Act, the minister, where the minister considers it appropriate to do so, may remit a penalty or interest imposed under sections 8 and 25.

             (2)  A remission under this section may be total or partial, conditional or unconditional, and may be granted whether before or after or pending a suit or proceeding for the recovery of a penalty or interest and before or after a payment of the penalty or interest has been made or enforced by process or execution.

1979 c26 s3

Back to Top

Failure to keep records

     28. A company that fails to comply with section 10 is guilty of an offence and liable on summary conviction to a fine of not less than $10 for each day it fails to comply with that section.

RSN1970 c177 s26

Back to Top

Violation of section 17

     29. A person who violates section 17 is guilty of an offence and liable on summary conviction to a fine of not more than $200.

RSN1970 c177 s27

Back to Top

False returns

     30. A person who makes or assents to or acquiesces in the making of a false or deceptive statement in a form or return filed under this Act is guilty of an offence and liable on summary conviction to a fine of not less than $100 and not more than $500 and in default of payment to imprisonment for a term not exceeding 3 months.

RSN1970 c177 s28

Back to Top

Penalty where no other penalty provided

     31. A person who violates this Act is guilty of an offence and, where no other penalty is provided, is liable on summary conviction to a fine of not less than $50 and not more than $500 and in default of payment to imprisonment for a term not exceeding 3 months.

RSN1970 c177 s29

Back to Top

Liability of company officers

     32. Where a company is guilty of an offence under this Act, the officer, director, or agent of the company who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence.

RSN1970 c177 s30

Back to Top

Notices in writing

     33. (1) A notice and a demand that the minister or an officer is authorized or required to give or to make on a company or person under this Act shall be in writing directed to the company or person, and is sufficiently given or made if it is delivered to the last known address of the company or personally to the person or if it is delivered at or is sent by registered mail addressed to the address of the company or person as stated in its or his or her last return made under this Act or as last known to the minister.

             (2)  Service of a notice or demand shall be sufficiently proved by the affidavit of the person by whom the notice of demand is delivered or mailed and there shall be attached to that affidavit a copy or duplicate of the notice or demand and, in addition, in case of service by registered mail, the postal receipt for the envelope containing the notice or demand.

RSN1970 c177 s31

Back to Top

Affidavit that return or remittance not received in Department of Finance

     34. An affidavit by an officer of the Department of Finance, sworn or affirmed before a person authorized to take affidavits, that he or she has charge of the appropriate records and that after careful examination and search of those records he or she has been unable to find that a return or remittance required by this Act has been received in that department shall be admissible as presumptive evidence that the required return or remittance has not been received.

RSN1970 c177 s32; 1985 c11 s32

Back to Top

Laying of information and hearings

     35. (1) An information or complaint under this Act may be laid or made by a person authorized under this Act by the minister.

             (2)  An information or complaint for contravening this Act may be for 1 or more offences and an information, complaint, warrant, conviction, or other proceeding in a prosecution under this Act is not objectionable or insufficient because of the fact that it relates to 2 or more offences.

RSN1970 c177 s33

Back to Top

Limitation of prosecutions

     36. An information in respect of an offence against this Act shall be laid within 6 years from the date of the offence.

RSN1970 c177 s34

Back to Top

Fines part of Consolidated Revenue Fund

     37. All fines recovered under this Act shall be paid to the minister and shall form part of the Consolidated Revenue Fund.

RSN1970 c177 s35

Back to Top

Interchange of information

     38. For the purpose of this Act the minister may enter into an arrangement with the Government of Canada or of another province by which officers of that government may be allowed to obtain information or inspect returns under this Act where the arrangement includes provision for granting reciprocal privileges to the province.

RSN1970 c177 s36

Back to Top

Delegation of powers

     39. The minister may authorize an officer of the Department of Finance to perform and exercise those duties imposed and powers conferred by this Act upon the minister that may, in the opinion of the minister, be conveniently performed or exercised by that officer and the performance or exercise of those duties or powers by the officer so authorized shall be of the same effect as if they were performed or exercised by the minister.

RSN1970 c177 s37

Back to Top

Forms

     40. The minister may prescribe those forms that the minister considers appropriate for use under this Act.

RSN1970 c177 s38

Back to Top

Exemption from similar municipal taxes

     41. (1) Where a company pays a tax under this Act, it is not liable to a similar tax imposed upon or collected from it by a municipality.

             (2)  In this section, municipality means the City of St. John's , the City of Corner Brook , the City of Mount Pearl and a town, community or region established or continued under the Municipalities Act .

RSN1970 c177 s40; 1979 c33 Sch C; 1989 c12 s16