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Newfoundland and Labrador
Regulation 2020


NEWFOUNDLAND AND LABRADOR REGULATION 88/20

NEWFOUNDLAND AND LABRADOR
REGULATION 88/20

Revenue Administration Regulations (Amendment)
under the
Revenue Administration Act
(O.C. 2020-279)

(Filed December 18, 2020)

Under the authority of sections 107 and 112.1 of the Revenue Administration Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, December 18, 2020.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.6.1 Added
Tax to be paid over – vapor product tax

        2.   Part XI.1 Added
PART XI.1
VAPOUR PRODUCT TAX

              77.1 Vaping substance
77.2 Multiple locations

              77.3 Surety bond

              77.4 Non-retail sales

        3.   Commencement


NLR 73/11
as amended

        1. The Revenue Administration Regulations are amended by adding immediately after section 6 the following:

Tax to be paid over – vapor product tax

      6.1 (1) A consumer shall pay tax on the purchase of vapour products at the time of the sale.

             (2)  A retailer shall collect tax on vapour products at the time of the sale.

             (3)  A retailer who collects the tax on a vapour product shall remit the tax to the minister on or before the twentieth day of the calendar month immediately following the month in which the tax was collected.

 

        2. The regulations are amended by adding immediately after Part XI the following:

PART XI.1
VAPOUR PRODUCT TAX

Vaping substance

   77.1 For the purposes of paragraph 2(vvv.3) of the Act, “vaping substance” does not include tobacco which is subject to the tax imposed under section 92(1) of the Act.

Multiple locations

   77.2 (1) A wholesaler or retailer who carries on business in more than one location shall apply for a licence in respect of each location unless a licence for multiple locations has been approved by the minister.

             (2)  A separate return shall be made for each retail location unless a return for multiple locations has been approved by the minister.

Surety bond

   77.3 (1) The minister may require a collector or other person to post a bond by way of cash or other security satisfactory to the minister in an amount that may be determined by the minister, which shall not be greater than an amount equal to 3 times the amount of the tax estimated by the minister as the amount normally collected by the collector or other person each month in compliance with the Act.

             (2)  Notwithstanding subsection (1), the amount posted shall not be less than $1,000.

Non-retail sales

   77.4 A wholesaler who makes a sale of vapour products that is not a retail sale shall issue to the purchaser at the time of the sale an invoice containing the following information:

             (a)  the date of sale;

             (b)  the name, address and wholesaler's licence number of the wholesaler making the sale;

             (c)  the name, address and licence number of the purchaser;

             (d)  the quantity of vapour products sold; and

             (e)  other information that the minister may require.

Commencement

        3. These regulations come into force on January 1, 2021.