BILL NO. 177
(as introduced)
1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005
Financial Measures (2005) Act
The Honourable Peter G. Christie
Minister of Finance
First Reading: April 28, 2005
Second Reading: May 16, 2005
Third Reading: May 19, 2005 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 sets out the short title of the Act.
(b) requires agricultural societies to hold their annual meeting within ninety days of their financial year end.
Clause 4 gives the Minister of Finance the power to penalize a labour-sponsored venture-capital corporation prior to revoking the certificate of registration of the corporation.
Clause 5 repeals a provision of the Equity Tax Credit Act that is no longer necessary.
Clause 6 clarifies the power of the Minister of Finance to grant extensions of time.
Clause 7 clarifies residency requirements for deduction of pension credits.
Clause 8 implements a sport and recreational activity tax credit for children.
Clause 9 allows the disabled to transfer out of Province unused tax credits.
Clause 10 applies Nova Scotia tax rates to the remaining federal balance of any unused tuition and education amounts for individuals moving from other provinces.
Clause 11 revises the provisions of the Income Tax Act dealing with the transfer of unused credits.
Clauses 12 and 13 clarify residency requirements for the purpose of the dividend tax credit.
Clause 14 restricts certain tax credits to Nova Scotia tax rates for individuals resident in Nova Scotia on the last day of the year.
Clause 15 amends the provisions of the Act dealing with the low-income tax reduction.
Clauses 16 and 17 clarify the relief from repayment with respect to the equity tax credit and the labour-sponsored venture-capital corporation tax credit.
Clause 18 simplifies the capital gains refund.
Clause 19 increases the small business threshold for corporate taxes from $300,000 to $350,000 for tax years ending in 2005 and from $350,000 to $400,000 for tax years ending in 2006 and later.
Clause 20 clarifies filing deadlines for certain tax credits.
Clause 21 amends the foreign-tax deduction provisions of the Income Tax Act.
Clause 22 amends the Film Industry Tax Credit.
Clauses 23 and 24 reduce the large corporation capital tax and extend it to June 30th, 2009.
Clause 25 adds anti-avoidance rules to the Income Tax Act.
Clause 26 increases the grant payable under the Municipal Grants Act in respect of property of supported institutions from forty per cent of the full taxes that would be payable to fifty per cent of the full taxes.
Clauses 27 and 28 make a change that is necessary as a result of the change made in Clause 29.
Clause 29 enacts new provisions dealing with the Public Debt Management Fund.
Clause 30 commits the Province to balance its budget without recourse to the $830,000,000 relating to the offshore agreement.
Clause 31 amends the Schedule to the Provincial Finance Act.
Clause 32 adds to the Revenue Act a power to make regulations prohibiting or regulating the manufacturing, sale, distribution, use or possession of tear tape used in the packaging or marking of tobacco.
Clause 33 adds motor vehicles and other designated tangible personal property to the definition of "revenue property" in Part IV of the Act.
Clause 34 expands inspection powers to include inspections respecting tear tape.
Clause 35 expands search warrant powers to allow for warrants respecting tear tape.
Clause 36 expands the power to detain vehicles and vessels to include those found to contain tear tape.
Clause 37 expands an offence provision to include contraventions of the tobacco tax provisions by persons who manufacture, sell or distribute tear tape.
Clause 38 sets out the effective dates for the changes contained in this Bill.
An Act Respecting
Certain Financial Measures
1 This Act may be cited as the Financial Measures (2005) Act.
2 Subsection 12(4) of Chapter 6 of the Revised Statutes, 1989, the Agriculture and Marketing Act, is repealed and the following subsections substituted:
(5) Notwithstanding subsection (1), the annual meeting of every agricultural society shall be held within ninety days of the financial year end of the society.
3 Subclause 2(k)(iv) of Chapter 3 of the Acts of 1993, the Equity Tax Credit Act, is repealed and the following subclause substituted:
(a) monetarily penalize a labour-sponsored venture-capital corporation;
(b) charge a refundable penalty to a labour-sponsored venture-capital corporation;
(c) restrict the sales of a labour-sponsored venture-capital corporation for such time and on such conditions as the Minister determines; or
(d) revoke the certificate of registration of a labour-sponsored venture-capital corporation,
if, in the opinion of the Minister, the registered labour-sponsored venture-capital corporation has not complied with this Act or the regulations or the spirit and intent of this Act and the regulations, or has caused any transaction or event prescribed by regulation to occur.
(1A) The Governor in Council may determine the maximum penalties that may be imposed pursuant to clause (a) or (b) of subsection (1).
5 Clause 18(3)(d) of Chapter 3 is repealed.
6 Section 25 of Chapter 3 is repealed and the following Section substituted:
7 Subsection 10(3) of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, as enacted by Chapter 4 of the Acts of 2000, is amended by striking out "by an individual for a taxation year" in the second and third lines and substituting "for a taxation year by an individual who was resident in the Province on the last day of the taxation year".
8 Chapter 217 is further amended by adding immediately after Section 12 the following Section:
A is the appropriate percentage for the year;
(b) the total of all amounts paid by the individual or by the individual's spouse or common-law partner, for the registration of the child in a designated sport or recreational activity.
(2) Where more than one individual is entitled to a deduction under subsection (1) in respect of the same child,
(a) the total of all amounts so deductible for the year shall not exceed the maximum amount that would be so deductible for the year by any one of those individuals for that child if that individual were the only individual entitled to deduct an amount for the year because of that subsection for the child; and
(b) if the individuals cannot agree as to what portion of the amount each can so deduct, the Minister may fix the portions.
(3) The extended meaning of "child" in subsection 252(1) of the Federal Act applies for the purpose of this Section.
(4) The Governor in Council may make regulations designating sport or recreational activities for the purpose of this Section.
9 Section 13 of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 3 of the Acts of 2001, is further amended by adding immediately after subsection (2) the following subsection:
(a) the amount deductible under subsection (1) in computing that person's tax payable under this Part for the taxation year, or that would be so deductible if the person were liable under Section 5 to pay tax for the taxation year,
(b) the amount of that person's tax payable under this Part for the taxation year if the person were liable under Section 5 to pay tax for the taxation year, computed before any deductions under this Division other than deductions referred to in Sections 10 and 18.
10 Section 16 of Chapter 217 is repealed and the following Section substituted:
(a) the individual's unused tuition and education credits at the end of the preceding taxation year; and
(b) the amount that would be the individual's tax payable under this Part for the year if no amount were deductible under this Part, other than an amount deductible under this Section and any of Sections 10, 12A, 13 and 18.
(2) An individual's unused tuition and education tax credits at the end of a taxation year is the amount determined by the formula
A is the individual's unused tuition and education credits at the end of the preceding taxation year;
B is the total of all amounts each of which may be deducted under Sections 14 and 15 in computing the individual's tax payable under this Part for the year;
C is the lesser of the value of B and the amount that would be the individual's tax payable under this Part for the year if no amount were deductible under this Part, other than an amount deductible under this Section and any of Sections 10, 12A, 13 and 18;
D is the amount that the individual may deduct under subsection (1) for the year; and
E is the tuition and education tax credits transferred for the year by the individual to the individual's spouse, common-law partner, parent or grandparent.
(3) For the purpose of determining the amount that may be deducted under subsection (1) for a taxation year that begins after 2003 by an individual who was not resident in the Province on the last day of the preceding taxation year, the individual's unused tuition and education tax credits at the end of the preceding taxation year is equal to the amount that would be the individual's unused tuition and education tax credits at the end of the preceding taxation year as determined under section 118.61 of the Federal Act if the percentage applied under sections 118.5 and 118.6 of the Federal Act had been the appropriate percentage for the year instead of the appropriate percentage as defined in the Federal Act.
(4) For the purpose of subsection (3), the amounts mentioned in that subsection may be used only to the extent that they have not been used in claiming a credit pursuant to section 118.5, 118.6 or 118.61 of the Federal Act, or in determining credits transferred pursuant to section 118.81 of the Federal Act, for any taxation year.
(5) For the purpose of determining the amount that may be deducted under subsection (1) for a taxation year that begins after 2003, the unused tuition and education tax credits of an individual who resided in the Province at the end of the 2003 taxation year is equal to 8.79 / 9.77 of the amount that would be the individual's unused tuition and education tax credits at the end of the 2003 taxation year if this Section were read without reference to this subsection.
A is the tuition and education tax credits transferred for the year by the spouse or common-law partner to the individual;
B is the total of all amounts each of which is deductible under subsections 10(2) and (3) and Section 13 in computing the spouse's or common-law partner's tax payable under this Part for the year, or that would be so deductible if the spouse or common-law partner were liable under Section 5 to pay tax for the year; and
C is the amount, if any, by which
(a) the amount that would be the spouse's or common-law partner's tax payable under this Part for the year, or that would be so payable if the spouse or common-law partner were liable under Section 5 to pay tax for the year, if no amount were deductible under this Part, other than an amount deductible under clause 10(1)(c) and Sections 12A, 16 and 18,
(ii) the amount that would be the spouse's or common-law partner's tax payable under this Part for the year, or that would be so payable if the spouse or common-law partner were liable under Section 5 to pay tax for the year, if no amount were deductible under this Part, other than an amount deductible under Sections 10, 12A, 13, 16 and 18.
(3) In this Section, the tuition and education tax credits transferred for a tuition year by a person to an individual is the lesser of
(a) the amount determined by the formula
(ii) the amount obtained by multiplying $5,000 by the appropriate percentage for the year; and
(b) the amount for the year that the person designates in writing for the purpose of subsection (1) or (2).
14 Chapter 217 is further amended by adding immediately after Section 32 the following Section:
A is the total of all amounts each of which is deductible under subsection 10(3) and Sections 21 or 22 by the individual for the taxation year;
B is the individual's income earned in the taxation year outside the Province; and
(a) "adjusted income" of an individual for a taxation year means the total of all amounts each of which would be the income for the year of
if no amount were included in respect of a gain from a disposition of property to which section 79 of the Federal Act applies in computing that income;(b) "eligible individual" for a taxation year means an individual, other than a trust, who is resident in the Province on December 31st of that year, and is
(ii) a child of the individual residing with the individual at the end of the year,
(iv) the qualified relation of an individual for the year, or
(v) a person in respect of whom an amount is deemed under this Section to be paid by any other individual for the year;
(2) For the purpose of this Section, the income of a person who is non-resident at any time in a taxation year is deemed to be equal to the amount that would, if the person were resident in Canada throughout the year, be the person's income for the year.
(3) Notwithstanding subsection (1), a person is deemed not to be an eligible individual for a taxation year or a qualified relation or qualified dependant of an individual for a taxation year where the person
(a) is, at the end of the year, a person described in paragraph 149(1)(a) or (b) of the Federal Act; or
(b) is, at the end of the year, confined to a prison or similar institution and has been so confined for a period of, or periods the total of which in the year was more than, six months.
(2) Section 37 is further amended by adding immediately after subsection (5) the following subsection:
(2) Section 38 is further amended by adding immediately after subsection (4) the following subsection:
(a) for the first amount, "$350,000" and, for the second amount, "$959" for the period commencing on April 1, 2005, and ending on March 31, 2006; and
(b) for the first amount, "$400,000" and, for the second amount, "$1,096" for the period commencing on April 1, 2006.
(5) The business limit otherwise determined under section 125 of the Federal Act shall be deemed for the purpose of subsection (2) to be $350,000 for the period commencing on April 1, 2005.
(6) Notwithstanding subsection (5), the business limit otherwise determined under section 125 of the Federal Act shall be deemed for the purpose of subsection (2) to be $400,000 for the period commencing on April 1, 2006.
(21) A qualifying corporation is not entitled to a tax credit under this Part in relation to its eligible expenditure in a taxation year unless, within eighteen months after the end of the taxation year, the corporation files the form containing the information required under subsection (20).
(a) striking out "has claimed" in the seventh line and substituting "may claim"; and
(b) striking out "of the deduction claimed" in the eighth and ninth lines of clause (b) and substituting "deductible".
22 Subsection 47(2) of Chapter 217 is repealed and the following subsections substituted:
(a) 32.5% of the eligible salaries paid after December 31, 1999, and before April 11, 2000, to residents of the Province;
(b) for film production activity undertaken in an eligible geographic area of the Province as prescribed by regulation,
(ii) 40% of the eligible salaries paid on or after January 1, 2005, and before 2016 to residents of the Province; and
(d) 16.25% of the total production costs of the eligible film in the case of clause (a), 17.5% in the case of clause (b) or 15% in the case of clause (c) incurred after April 10, 2000, and before 2016.
(2A) A corporation may be eligible for an additional frequent filmer credit of 5% of the eligible salaries of an eligible film if
(a) the principal photography for the film commenced on or after January 1, 2005;
(b) the date of commencement of principal photography is preceded by the completion of the principal photography for two other eligible films within the seven hundred and thirty days prior to the date referred to in clause (a);
(c) the principal photography is completed before 2016;
(d) the principal owner for each of the three films is the same person or group of persons; and
(e) the film satisfies the eligibility criteria prescribed by regulation.
23 (1) Subsection 71(1) of Chapter 217 is repealed and the following subsection substituted:
(a) where the aggregate of the corporation's taxable capital for the year, as determined under subsection (4), and the taxable capital for the year of all related corporations is less than ten million dollars
(ii) 0.6% of taxable capital employed in the Province for the years as determined under subsection (2) multiplied by the amount that the number of days in the year that are after March 31, 2004 but before July 1, 2005, is of three hundred and sixty-five,
(iii) 0.55% of taxable capital employed in the Province for the years as determined under subsection (2) multiplied by the amount that the number of days in the year that are after June 30, 2005 but before July 1, 2006, is of three hundred and sixty-five,
(iv) 0.5% of taxable capital employed in the Province for the years as determined under subsection (2) multiplied by the amount that the number of days in the year that are after June 30, 2006 but before July 1, 2007, is of three hundred and sixty-five,
(v) 0.45% of taxable capital employed in the Province for the years as determined under subsection (2) multiplied by the amount that the number of days in the year that are after June 30, 2007 but before July 1, 2008, is of three hundred and sixty-five,
(vi) 0.4% of taxable capital employed in the Province for the years as determined under subsection (2) multiplied by the amount that the number of days in the year that are after June 30, 2008, is of three hundred and sixty-five; or
(ii) 0.3% of the taxable capital employed in the Province for the year as determined under subsection (2) multiplied by the amount that the number of days in the year that are after March 31, 2004 but before July 1, 2005, is of three hundred and sixty-five,
(iii) 0.275% of taxable capital employed in the Province for the year as determined under subsection (2) multiplied by the amount that the number of days in the year that are after June 30, 2005 but before July 1, 2006, is of three hundred and sixty-five,
(iv) 0.25% of taxable capital employed in the Province for the year as determined under subsection (2) multiplied by the amount that the number of days in the year that are after June 30, 2006 but before July 1, 2007, is of three hundred and sixty-five,
(v) 0.225% of taxable capital employed in the Province for the year as determined under subsection (2) multiplied by the amount that the number of days in the year that are after July 1, 2007 but before July 1, 2008, is of three hundred and sixty-five, and
(vi) 0.2% of taxable capital employed in the Province for the year as determined under subsection (2) multiplied by the amount that the number of days in the year that are after June 30, 2008, is of three hundred and sixty-five.
(a) striking out "March 31, 2006" in the third line and substituting "June 30, 2009"; and
(b) striking out "April 1, 2006" in the sixth line and substituting "July 1, 2009".
24 Section 77 of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2002 and Chapter 4 of the Acts of 2003, is further amended by striking out "2006" in the last line and substituting "2009".
25 Chapter 217 is further amended by adding immediately after Section 80 the following Section:
(a) "avoidance transaction" means a transaction
(ii) that is part of a series of transactions, which series, but for this Section, would result, directly or indirectly, in a tax benefit,
(iv) to be a transaction that would not result, directly or indirectly, in a misuse of the provisions of this Act or an abuse having regard to the provisions of this Act, other than this Section, read as a whole;
(ii) to reduce, avoid or defer a tax, or another amount payable as or in respect of tax, under any other federal or provincial Act,
(iii) to increase a refund of tax, or of another amount in respect of tax, under any other federal or provincial Act;
(ii) an increase in a refund of tax, or of another amount, under this Act;
(D) taxable income earned in Canada,
(E) income earned in the taxation year in the Province, within the meaning of Section 7,
(F) income earned in the taxation year outside the Province, within the meaning of Section 7, or
(G) taxable income earned in the year in the Province, within the meaning of Section 40, or
(3) Without limiting subsection (2),
(a) any amount deducted in computing an amount referred to in the definition of "tax consequences" in subsection (1) may be allowed or disallowed in whole or in part;
(b) any deduction referred to in clause (a) or any other amount used in determining an amount payable or refundable under this Act may be allocated to any person;
(c) the nature of any payment or other amount may be recharacterized; and
(d) the tax effects that would otherwise result from the application of other provisions of this Act may be ignored,
in determining the tax consequences to a person in a manner that is reasonable in the circumstances in order to deny a tax benefit that would, but for this Section, result, directly or indirectly, from an avoidance transaction.
(4) Where a notice of assessment, reassessment or additional assessment reflecting the application of subsection (2) to a transaction has been sent to a person, or a notice of determination has been sent to the person, any other person is entitled, within one hundred and eighty days after the date of the mailing of that notice, to request in writing that the Minister make an assessment, reassessment or additional assessment applying subsection (2) or otherwise make a determination respecting returns of income, assessments of tax, withholdings of tax or reassessments of tax.
(5) On receipt of a request by a person under subsection (4), the Minister shall consider the request and make an assessment, reassessment, additional assessment or a determination with respect to the person, notwithstanding the expiry of any time limits, except that an assessment, reassessment, additional assessment or a determination may be made under this subsection only to the extent that it may be reasonably regarded as relating to a transaction referred to in subsection (4).
(6) The tax consequences to any person, after the application of this Section, may only be determined through a notice of assessment, reassessment or additional assessment or determination under Section 51 or 52.
26 Subsection 4(2) of Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, as amended by Chapter 7 of the Acts of 1994-95 and Chapter 9 of the Acts of 2003, is further amended by striking out "forty" in the second line and substituting "fifty".
27 Section 35 of Chapter 365 of the Revised Statutes, 1989, the Provincial Finance Act, as enacted by Chapter 29 of the Acts of 1994, is amended by striking out "Retirement" in the third line and substituting "Management".
28 Section 36 of Chapter 365, as enacted by Chapter 29 of the Acts of 1994, is amended by striking out "Retirement" in the sixth line and substituting "Management".
29 Sections 62A, 62AA and 62B of Chapter 365 are repealed and the following Section substituted:
(2) The Governor in Council may from time to time, direct the Minister to
(a) pay into the Public Debt Management Fund such sum or sums as the Governor in Council may deem necessary;
(b) pay out of the Public Debt Management Fund such sum or sums as the Governor in Council deems necessary to pay or retire debentures, securities or other debt instruments of the Province.
(3) All extraordinary revenues that accrue to the Province in any fiscal year must be paid into the Public Debt Management Fund.
(4) In this Section, "extraordinary revenue" means revenue that is not typical for a government reporting entity, not included in the annual budget of the Province or would not normally be expected to become a typical revenue source and that is designated as extraordinary revenue by the Minister.
(a) fiscal year 2005-2006 - fifty-seven million one hundred thousand dollars;
(b) fiscal year 2006-2007 - ninety-three million dollars;
(c) fiscal year 2007-2008 - one hundred eighty-nine million dollars;
(d) fiscal year 2008-2009 - two hundred seven million dollars;
(e) fiscal year 2009-2010 - one hundred fifty-one million dollars;
(f) fiscal year 2010-2011 - ninety-two million dollars.
(2) The annual revenue, in an amount equal to no more than eight hundred thirty million dollars less the sum of all annual revenues not recognized under subsection (1), which would be otherwise recognized in the fiscal year 2011-2012 under generally accepted accounting principles with respect to the receipt of an offset payment as a result of an arrangement between the Government of Canada and the Province on offshore revenues shall not be recognized for the purposes of Sections 76, 77 and 78.
31 The Schedule to Chapter 365 is repealed and the following Schedule substituted:
Acadia Coal Company Limited Fund
AgraPoint International Inc.
AgriTECH Park Inc.
Annapolis Valley District Health Authority
Annapolis Valley Housing Authority
Annapolis Valley Regional School Board
Art Gallery of Nova Scotia
Bioscience Enterprise Centre Incorporated
Cape Breton District Health Authority
Cape Breton Island Housing Authority
Cape Breton Victoria Regional School Board
Capital District Health Authority
Check Inns Limited
Chignecto-Central Regional School Board
Coal Research Agreement Fund
Cobequid Housing Authority
Colchester East Hants Health Authority
Conseil scolaire acadien provincial
Consolidated Fund
CorFor Capital Repairs and Replacements Fund
Crown Land Mine Remediation Fund
Crown Land Silvaculture Fund
Cumberland Health Authority
Debt Retirement Fund
Eastern Mainland Housing Authority
Environmental Trust Fund
Gaming Addiction Treatment Trust Fund
Guysborough Antigonish-Strait Health Authority
Habitat Conservation Fund
Halifax Regional School Board
Industrial Expansion Fund
Insured Prescription Drug Plan Trust Fund
Izaak Walton Killam Health Centre
Law Reform Commission
Mainstream 1992 Fund
Maritime Fall Fair Association
Metropolitan Regional Housing Authority
Muggah Creek Remediation Fund
Nova Scotia Arts Council
Nova Scotia Blueberry Institute Fund
Nova Scotia Business Incorporated
Nova Scotia Community College
Nova Scotia Community College Foundation
Nova Scotia Coordinate Referencing System Trust Fund
Nova Scotia Crop and Livestock Insurance Commission
Nova Scotia E911 Cost Recovery Fund
Nova Scotia Farm Loan Board
Nova Scotia Film Development Corporation
Nova Scotia Fisheries and Aquaculture Development Fund
Nova Scotia Gaming Foundation
Nova Scotia Government Acadian Bursary Program Fund
Nova Scotia Government Fund Limited
Nova Scotia Harness Racing Incorporated
Nova Scotia Health Research Foundation
Nova Scotia Housing Development Corporation
Nova Scotia Hurricane Juan Recovery Fund
Nova Scotia Innovation Corporation
Nova Scotia Legal Aid Commission
Nova Scotia Market Development Initiative Fund
Nova Scotia Municipal Finance Corporation
Nova Scotia Power Finance Corporation
Nova Scotia Primary Forest Products Marketing Board
Nova Scotia School Boards Association
Nova Scotia School Insurance Exchange
Nova Scotia School Insurance Program Association
Nova Scotia Utility and Review Board
Novapet Inc
P3 Schools Capital and Technology Refresh Fund
Partnership Trust Fund
Pictou County Health Authority
Provincial Drug Distribution Program
Public Archives of Nova Scotia
Public Debt Management Fund
Public Debt Retirement Fund
Resource Recovery Fund Board Inc.
Rockingham Terminal Incorporated
Scotia Benefit Fund
Sherbrooke Restoration Commission
South Shore District Health Authority
South Shore Housing Authority
South Shore Regional School Board
South West Nova District Health Authority
Southwest Regional School Board
Species-at-risk Conservation Fund
Strait Regional School Board
Sustainable Forestry Fund
Sydney Environmental Resources Limited
Sydney Steel Corporation
Sydney Tar Ponds Agency
Sysco Decommissioning Fund
Trade Centre Limited
Tri-County Housing Authority
Tri-County Regional School Board
Upper Clements Family Theme Park Limited
Waterfront Development Corporation Limited
1402998 Nova Scotia Limited
3052155 Nova Scotia Limited
3839966 Canada Limited
Halifax-Dartmouth Bridge Commission
Highway 104 Western Alignment Corporation
Nova Scotia Gaming Corporation
Nova Scotia Liquor Corporation
32 Subsection 43(2) of Chapter 17 of the Acts of 1995-96, the Revenue Act, is amended by adding immediately after clause (b) the following clause:
(bb) respecting the keeping of records of any tear tape manufactured, sold, purchased, distributed, used or possessed;
33 Clause 48(g) of Chapter 17 is amended by adding immediately after subclause (ii) the following subclause:
34 Subsection 78(1) of Chapter 17, as amended by Chapter 3 of the Acts of 2001, is further amended by
(a) adding ", tear tape" immediately after "property" in the fourth and fifth lines; and
(b) adding ", tear tape" immediately after "property" in the eighth line.
35 Clause 79(2)(a) of Chapter 17, as amended by Chapter 3 of the Acts of 2001, is further amended by adding "or tear tape" immediately after "property" in the fifth line and in the sixth line.
36 Subsection 80(1) of Chapter 17, as amended by Chapter 3 of the Acts of 2001, is further amended by adding "or tear tape" immediately after "property" in the third line.
37 Subsection 89(3) of Chapter 17, as enacted by Chapter 3 of the Acts of 2001, is amended by striking out "manufacturer of tobacco, a wholesale vendor or an employee of a manufacturer of tobacco or a wholesale vendor" in the first, second and third lines and substituting
(c) person who manufactures, sells or distributes tear tape; or
(d) employee of a person referred to in clauses (a) to (c),
38 (1) This Act, except Sections 3 to 31, comes into force on such day as the Governor in Council orders and declares by proclamation.
(2) Sections 15 and 25 have effect on and after January 1, 2001, upon the Governor in Council so ordering by proclamation.
(3) Sections 7 and 9 to 14 have effect on and after January 1, 2004, upon the Governor in Council so ordering by proclamation.
(4) Section 5 has effect on and after May 20, 2004, upon the Governor in Council so ordering by proclamation.
(5) Section 22 has effect on and after January 1, 2005, upon the Governor in Council so ordering by proclamation.
(6) Sections 26 to 29 and 31 have effect on and after April 1, 2005, upon the Governor in Council so ordering by proclamation.
(7) Sections 3, 4, 6, 16 to 20, 23, 24 and 30 have effect on and after April 26, 2005, upon the Governor in Council so ordering by proclamation.
(8) Section 8 has effect on and after July 1, 2005, upon the Governor in Council so ordering by proclamation.
(9) Section 21 has effect on and after January 1, 2006, upon the Governor in Council so ordering by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2005 Crown in right of Nova Scotia. Created May 25, 2005. Send comments to legc.office@novascotia.ca.
