Third

Session, 46th General Assembly

Elizabeth II, 2010

BILL46

AN ACT TO IMPLEMENT THE

COMPREHENSIVE INTEGRATED TAX COORDINATION AGREEMENT BETWEEN THE

GOVERNMENT OF NEWFOUNDLAND AND LABRADOR

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS W. MARSHALL, Q.C.

Minister of Finance and President of Treasury Board

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would ratify a tax

A BILL

AN ACT TO IMPLEMENT THE COMPREHENSIVE

GOVERNMENT OF NEWFOUNDLAND AND LABRADOR

Analysis

Short title

Definitions

Agreement

Non-application

Agreement

Confidentiality

Regulations

SNL1996 cT-0.01 Rep.

Commencement

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 Tax Agreement Act,

Definitions

2. In

this Act

(a) "acquisition" includes purchasing,

leasing or bringing into the province for consumption or use and all

derivatives of this term;

(b) "agreement", unless the context

indicates otherwise, means the agreement referred to in

section 3 and

amendments to that agreement;

(c) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(d) "registrant" means a registrant as

defined in

Part IX of the Excise Tax Act ( Canada ); and

(e) "vehicle" means a vehicle propelled,

driven or controlled otherwise than by muscular power and includes an aircraft,

boat, ship, trailer and vessel.

Agreement

3. The

Comprehensive Integrated Tax Coordination Agreement between the Government of

Canada and the Government of Newfoundland and Labrador, a copy of which is on

file with the Clerk of the Executive Council, is ratified and confirmed.

Non-application

(1) The

tax imposed under

section 88 of the Revenue

Administration Act shall not apply to a consumer who imports a vehicle into

the province from outside Canada.

(2) For the purposes of this section,

"consumer" has the same meaning as in the Revenue Administration Act .

Agreement

5. The

minister, on behalf of the Crown in right of the province may enter into

enforcement of this Act and respecting the exchange and sharing of information

and technology necessary for the administration and enforcement of this Act.

Confidentiality

(1) The

minister may authorize the persons who may receive information, records or

returns under this Act and he or she shall not authorize a person to receive

that information or those records or returns unless it is necessary to do so

for the purposes of this Act.

(2) A person who has custody or control over

information, records or returns under this Act shall not disclose that

information or those records or returns to another person except

(

a) for the purpose of administering or enforcing

a taxation Act;

(

b) for the purpose of administering or enforcing

the Liquor Control Act or the Liquor Corporation Act ;

(

c) under an agreement that

(

i) is between the government of the province and

another government,

(ii) relates to the administration or enforcement

of a taxation Act and this Act, and

(iii) provides for the disclosure of information,

returns and records to and the exchange of similar information, returns and records

with that other government; or

(

d) for the purpose of the compilation of

Regulations

7. The

Lieutenant Governor in Council may make regulations

(

a) respecting a refund, rebate or reimbursement

of an amount equal to a tax paid by a recipient under

Part IX of the Excise Tax Act (Canada) and in

accordance with the agreement; and

(

b) generally to give effect to the purpose of

this Act.

SNL1996 cT-0.01 Rep.

8. The Tax

Agreement Act is repealed.

Commencement

9. This Act comes into force on the day the

agreement is executed.

Earl G. Tucker, Queen's Printer