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Volume 52, No. 21

B.C. Reg. 262/2009

The British Columbia Gazette,

Part II

November 3, 2009

B.C. Reg. 262/2009 , deposited October 30, 2009, pursuant to the MOTOR FUEL TAX ACT [Section 71]. Order in Council 577/2009, approved and ordered October 30, 2009.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective September 2, 2009, the Motor Fuel Tax Regulation, B.C. Reg. 414/85, is amended as set out in the attached Appendix.

— C. HANSEN, Minister of Finance and Deputy Premier ; M. COELL, Presiding Member of the Executive Council .

Appendix

Section 5.02 (3) of the Motor Fuel Tax Regulation, B.C. Reg. 414/85, is amended by adding " or an appeal under

section 51.92 of this regulation " after " for the purposes of an appeal under

section 50 or 51 of the Act " and by striking out " until the appeals under

section 50 or 51 of the Act " and substituting " until the appeals ".

Section 51.92 is amended

(

a) in subsection (1) by adding the following paragraph:

(

c) the setting or changing of the percentage of specified fuel under

section 51.71, or a refusal to change that percentage. ,

(

b) by adding the following subsections:

(1.1) Subject to subsection (1.2), written notice of the appeal must be served on the minister within 90 days after the date of the director's notice of decision.

(1.2) With respect to a decision of the director made prior to September 2, 2009,

(

a) no appeal lies from a decision if the date on the director's notice of decision is a date prior to 90 days before September 2, 2009, and

(

b) the 90 day time limit referred to in subsection (1.1) begins on the date on the director's notice of decision, , and

(

c) in subsection (4) by striking out " or " at the end of paragraph (a), by adding " or " at the end of paragraph (

b) and by adding the following:

(

c) direct the director to set or change the percentage of specified fuel under

section 51.71, subject to the conditions and limitations that the director specifies.

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