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ISO14000 Income Tax Credit Regulations

made under subsection 48(5) of the

Income Tax Act

R.S.N.S. 1989, c. 217

O.I.C. 97-229 (April 8, 1997), N.S. Reg. 39/97

1 These regulations may be cited as the ISO14000 Income Tax Credit Regulations .

2 All terms defined in the Income Tax Act have the same meaning in these regulations,

unless otherwise defined.

3 In

Section 13F [48] of the Act and these regulations,

(a) “expenditure with respect to audit” means an expenditure paid to a qualified

registrar for reviewing documentation, performing on-site assessment audits

and registering a corporation’s permanent establishment in the Province as

conforming to ISO14001 standards;

(b) “expenditure with respect to documentation” means an expenditure made by a

corporation that is directly attributable to the documentation of an

environmental management system’s procedures and processes at a

corporation’s permanent establishment in the Province, including measuring,

analyzing and reporting necessary for conforming to ISO14001 standards and,

for greater certainty, does not include an expenditure made for routine

maintenance or improvements to an environmental management system’s

procedures or processes;

(c) “expenditure with respect to training” means an expenditure made by a

corporation, over and above the normal wages, salaries and benefits of

employee trainees, that is directly attributable to the training of employees in

the procedures necessary to properly measure, analyze and report on an

environmental management system’s procedures and processes at a

corporation’s permanent establishment in the Province for the purposes of

conforming to the ISO14001 standards;

(d) “ISO14000” means the 14000 series of standards as published by the

International Organization for Standardization;

(e) “Minister” means the Minister of Finance or an officer designated by the

Minister to perform any of the duties and exercise any of the powers imposed

or conferred on the Minister by or pursuant to

Section 13F [48] of the Act;

[Note: Effective October 22, 2013, the reference to the Minister of Finance should be read as a reference to

the Minister of Finance and Treasury Board in accordance with Order in Council 2013-348 under the Public

Service Act , R.S.N.S. 1989, c. 376.]

(f) “normal reassessment period” has the meaning given that expression by

subsection 152(3.1) of the Income Tax Act (Canada);

(g) “qualified registrar” means a person accredited by the Standards Council of

Canada as a person qualified to register quality systems for the purpose of

conforming to ISO14001 standards.

4 The following expenditures are directly attributable to the documentation of an

environmental management system’s procedures and processes:

(

a) the cost of materials consumed in preparing and developing such

documentation;

(

b) that portion of the salaries, wages and related benefits of employees who

directly undertake, supervise and support such documentation that can

reasonably be considered to relate to such documentation;

(

c) other expenditures directly related to such documentation that would not have

been incurred if such documentation had not been undertaken.

5 The following expenditures are directly attributable to the training of employees in the

ISO14001 standard certifiable environmental management system’s procedures and

processes:

(

a) the direct cost of training supports, including the facility, equipment and

software rentals required for such training, training supplies and manuals;

(

b) the direct cost of trainers who are not employees of the applicant, including

reasonable costs for travel, accommodations, meals and fees;

(

c) in the case of trainers who are employees of the applicant but do not reside

within 200 kilometers of the facility within which the training in question will

be provided, direct costs for travel, accommodations and meals that can

reasonably be considered to relate to such training.

6 For the purposes of subsection 13F(2) [48(2)] of the Act, the amount of eligible

expenditures made in the taxation year is the aggregate of all eligible expenditures less any

government assistance, non-government assistance or any other inducements in respect of

such expenditures, other than government assistance received pursuant to

Section 13F [48]

of the Act, and less any rebatable or refundable sales taxes.

7 For the purposes of subsection 13F(2) [48(2)] of the Act, a corporation may make

application, at any time after its taxation year end and before the end of the normal

reassessment period, to the Minister for a tax credit certificate by filing with the Minister,

in a form acceptable to the Minister, an application containing at least the following

information:

(

a) a reconciliation of all expenditures for which the corporation is making

application for a credit, in sufficient detail for the Minister to determine the

nature, timing and amount of the expenditure;

(

b) a description of the business and the environmental management system for

which the corporation is seeking ISO14001 certification and the expected

benefits to be derived from being certified;

(

c) if the corporation has entered into an agreement with a qualified registrar to

become ISO14001 certified, the name and address of the qualified registrar;

(

d) an ISO14001 implementation plan including expected expenditures and the

time frame of the certification process.

8 For the purposes of subsection 13F(3) [48(3)] of the Act, where the Minister is satisfied

that the corporation is entitled to a tax credit certificate, the Minister shall issue a certificate

in a form from time to time prescribed by the Minister.

[Note: The enabling

Section of these regulations and the cross-references made throughout have been

updated to reflect amendments made to the Act pursuant to

Section 61 of the Financial Measures

(2000) Act ,

S.N.S. 2000, c. 4.]