Second

Session, 46th General Assembly

Elizabeth II, 2009

BILL 52

AN ACT TO AMEND THE CITY OF CORNER BROOK ACT,

THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE

CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT AND THE

MUNICIPALITIES ACT, 1999

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

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

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

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

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

HONOURABLE

THOMAS J. HEDDERSON

Minister of Municipal Affairs (Acting)

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would allow the councils of

the Cities of Corner Brook, Mount Pearl and St. John's as well as councils covered under the Municipalities Act, 1999 to allow the charging of simple or

compound interest on arrears of taxes.

This Bill would also validate

interest schemes in place before the coming into force of these amendments.

A BILL

AN ACT TO AMEND THE CITY OF CORNER BROOK

ACT, THE CITY OF MOUNT PEARL ACT, THE CITY OF ST. JOHN'S ACT, THE CITY OF ST.

JOHN'S MUNICIPAL TAXATION ACT AND THE MUNICIPALITIES ACT, 1999

Analysis

CITY

OF CORNER BROOK ACT

S.132 Amdt.

Interest on arrears

CITY

OF MOUNT PEARL ACT

S.131 Amdt.

Interest on arrears

CITY

OF ST. JOHN 'S ACT

S.85.1 Amdt.

Interest on arrears

S.261 Amdt.

Payment of taxes

CITY

OF ST. JOHN 'S MUNICIPAL

TAXATION ACT

S.23 Amdt.

Interest on arrears

MUNICIPALITIES

ACT, 1999

S.107 Amdt.

Interest on arrears

as amended

Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

CITY OF CORNER BROOK ACT

RSNL1990 cC-15

as amended

Section 132 of the City of Corner Brook Act is amended by adding the words

"simple or compound" immediately before the word "interest"

where it first occurs and by adding immediately after the word

"establishing" the words and comma "whether the interest shall

be simple or compound,".

CITY OF MOUNT PEARL ACT

RSNL1990 cC-16

as amended

Section 131 of the City of Mount Pearl Act is amended by adding the words "simple

or compound" immediately before the word "interest" where it

first occurs and by adding immediately after the word "establishing"

the words and comma "whether the interest shall be simple or

compound,".

CITY OF ST. JOHN 'S ACT

RSNL1990 cC-17

as amended

Section 85.1 of the City of St. John's Act is amended by adding the words "simple

or compound" immediately before the word "interest" where it

first occurs and by adding immediately after the word "establishing"

the words and comma "whether the interest shall be simple or

compound,".

4. Subsections 261(3) and (4) of the Act are

repealed and the following substituted:

(3) Taxes that are payable to the city under this

Act and unpaid on the last day of the month in which they become due to the

city, shall, until paid, bear and are subject to simple or compound interest,

if before making that charge, the council passes a resolution establishing

whether the interest shall be simple or compound, the rate of interest to be

charged and when the interest shall be applied.

CITY OF ST. JOHN 'S MUNICIPAL

TAXATION ACT

SNL2006 cC-17.1

as amended

Section 23 of the City of St. John's Municipal Taxation Act is amended by adding the

words "simple or compound" immediately before the word

"interest" where it first occurs and by adding immediately after the

word "establishing" the words and comma "whether the interest

shall be simple or compound,".

MUNICIPALITIES ACT, 1999

SNL1999 cM-24

as amended

6. (1) Subsection 107(1) of the Municipalities Act, 1999 is amended by

adding the words "simple or compound" before the word "interest"

where it first occurs and by adding immediately after the word

"establishing" the words and comma "whether the interest shall

be simple or compound,".

(2) Subsection 107(2) of the Act is amended by

adding the words "simple or compound" before the word

"interest" where it first occurs and by adding immediately after the

word "establishing" the words and comma "whether the interest

shall be simple or compound,".

Transitional

7. Interest charged, whether compound or simple,

under

section 132 of the City of Corner

Brook Act ,

section 131 of the City of

Mount Pearl Act , sections 85.1 and 261 of the City of St. John's Act ,

section 23 of the City of St. John's Municipal

Taxation Act and

section 107 of the Municipalities

Act, before the coming into force of this Act is considered to have been

validly charged.

Earl G. Tucker, Queen's Printer