Marginal note:2000, c. 30, s. 72(3); 2006, c. 4, s. 25(3)

• 38. (1) Subsection 254.1(2.1) of the Act is replaced by the following:

  • Marginal note:Owner-occupant of a residential unit

    (2.01) For the purpose of subsection (2.1), an individual is an owner-occupant of a residential unit at any time if it is the primary place of residence of the individual at that time and

    • (a) it is owned at that time by the individual or by another individual who is their spouse or common-law partner at that time; or

    • (b) it is in a residential complex of a cooperative housing corporation and the individual, or another individual who is their spouse or common-law partner at that time, holds at that time a share of the capital stock of the corporation for the purpose of using the residential unit.

  • Marginal note:Relevant transfer date

    (2.02) For the purpose of subsection (2.1), the relevant transfer date in respect of a complex supplied to the particular individual referred to in that subsection is the day on which possession of the complex is transferred to the particular individual.

  • Marginal note:Rebate in Nova Scotia

    (2.1) If

    • (a) a particular individual is entitled to a rebate under subsection (2), or to be paid or credited the amount of such a rebate under subsection (4), in respect of a residential complex situated in Nova Scotia, or would be so entitled if the fair market value of the complex, at the time possession of the complex is given to the particular individual under the agreement for the supply of the complex to the particular individual, were less than $481,500,

    • (b) it is the case that

      • (i) neither the particular individual nor any other individual who is their spouse or common-law partner on the relevant transfer date was an owner-occupant of a residential unit in any other residential complex in Canada during the period (in this paragraph referred to as the “relevant period”) that begins on the first day of the first full calendar month in the five-year period ending on the relevant transfer date and that ends on the relevant transfer date, or

      • (ii) on the last day when any of the individuals referred to in subparagraph (i) was an owner-occupant of a residential unit in a residential complex in Canada during the relevant period, that residential unit was destroyed otherwise than voluntarily by any of them, and

    • (c) if, at the time referred to in paragraph (2)(b), the particular individual is acquiring the complex for use as the primary place of residence of a relation of the particular individual, but not for use as the primary place of residence of the particular individual or of their spouse or common-law partner, the circumstances described in subparagraph (b)(i) or (ii) would be satisfied if the references in those subparagraphs to the particular individual were references to the relation,

    the Minister shall, subject to subsection (3), pay a rebate to the particular individual, in addition to the rebate, if any, payable under subsection (2) to the particular individual, equal to the lesser of $1,500 and 1.39% of the total consideration (within the meaning of paragraph (2)(h)) in respect of the complex.

• (2) Paragraph 254.1(2.1)(a) of the Act, as amended by subsection (1), is replaced by the following:

  • (a) a particular individual is entitled to a rebate under subsection (2), or to be paid or credited the amount of such a rebate under subsection (4), in respect of a residential complex situated in Nova Scotia, or would be so entitled if the fair market value of the complex, at the time possession of the complex is given to the particular individual under the agreement for the supply of the complex to the particular individual, were less than $477,000,

• (3) Subsection (1) applies for the purpose of determining a rebate of an individual in respect of a building or part of a building in which a residential unit forming part of a residential complex is situated if

  • (a) the agreement under which the building or part is supplied by way of sale to the individual is entered into by the individual after 2001;

  • (b) the complex is first occupied as the primary place of residence of the individual, or a relation of the individual (as defined in subsection 254.1(1) of the Act), after

    • (i) 2002, in the case of a residential condominium unit, and

    • (ii) June 2002, in any other case; or

  • (c) under the agreement under which the building or part is supplied by way of sale to the individual, possession of the complex is transferred to the individual after

    • (i) 2002, in the case of a residential condominium unit, and

    • (ii) June 2002, in any other case.

• (4) Subsection (2) applies in respect of a supply, to a particular individual referred to in section 254.1 of the Act, of a building or part of it in which a residential unit forming part of a residential complex is situated if possession of the unit is given to the particular individual on or after July 1, 2006, unless the builder is deemed under section 191 of the Act to have paid tax under subsection 165(1) of the Act calculated at the rate of 7% in respect of the supply referred to in paragraph 254.1(2)(d) of the Act.

Marginal note:2000, c. 30, s. 73(1); 2006, c. 4, s. 26(3)

• 39. (1) Subsection 255(2.1) of the Act is replaced by the following:

  • Marginal note:Owner-occupant of a residential unit

    (2.01) For the purpose of subsection (2.1), an individual is an owner-occupant of a residential unit at any time if it is the primary place of residence of the individual at that time and

    • (a) it is owned at that time by the individual or by another individual who is their spouse or common-law partner at that time; or

    • (b) it is in a residential complex of a cooperative housing corporation and the individual, or another individual who is their spouse or common-law partner at that time, holds at that time a share of the capital stock of the corporation for the purpose of using the residential unit.

  • Marginal note:Relevant transfer date

    (2.02) For the purpose of subsection (2.1), the relevant transfer date in respect of a share of the capital stock of a cooperative housing corporation that is supplied to the particular individual referred to in that subsection is the day on which ownership of the share is transferred to the particular individual.

  • Marginal note:Rebate in Nova Scotia

    (2.1) If

    • (a) a particular individual has acquired a share of the capital stock of a cooperative housing corporation for the purpose of using a residential unit in a residential complex of the corporation that is situated in Nova Scotia as the primary place of residence of the particular individual or of a relation of the particular individual,

    • (b) the corporation has paid tax under subsection 165(2) in respect of a taxable supply to the corporation of the complex,

    • (c) the particular individual is entitled to a rebate under subsection (2) in respect of the share or would be so entitled if the total (in this subsection referred to as the “total consideration”) of all amounts, each of which is the consideration payable for the supply to the particular individual of the share or an interest in the corporation, complex or unit, were less than $481,500,

    • (d) it is the case that

      • (i) neither the particular individual nor any other individual who is their spouse or common-law partner on the relevant transfer date was an owner-occupant of a residential unit in any other residential complex in Canada during the period (in this paragraph referred to as the “relevant period”) that begins on the first day of the first full calendar month in the five-year period ending on the relevant transfer date and that ends on the relevant transfer date, or

      • (ii) on the last day when any of the individuals referred to in subparagraph (i) was an owner-occupant of a residential unit in a residential complex in Canada during the relevant period, that residential unit was destroyed otherwise than voluntarily by any of them, and

    • (e) if, at the time referred to in paragraph (2)(c), the particular individual is acquiring the share for the purpose of using a residential unit in the complex as the primary place of residence of a relation of the particular individual, but not for use as the primary place of residence of the particular individual or of their spouse or common-law partner, the circumstances described in subparagraph (d)(i) or (ii) would be satisfied if the references in those subparagraphs to the particular individual were references to the relation,

    the Minister shall, subject to subsection (3), pay a rebate to the particular individual, in addition to the rebate, if any, payable under subsection (2) to the particular individual, equal to the lesser of $1,500 and 1.39% of the total consideration.

• (2) Paragraph 255(2.1)(c) of the Act, as enacted by subsection (1), is replaced by the following:

  • (c) the particular individual is entitled to a rebate under subsection (2) in respect of the share or would be so entitled if the total (in this subsection referred to as the “total consideration”) of all amounts, each of which is the consideration payable for the supply to the particular individual of the share or an interest in the corporation, complex or unit, were less than $477,000,

• (3) Subsection (1) applies for the purpose of determining a rebate of an individual in respect of a share of the capital stock of a cooperative housing corporation if

  • (a) the agreement of purchase and sale of the share is entered into by the individual after 2001;

  • (b) the residential unit in respect of which the individual acquires the share at the time referred to in paragraph 255(2)(c) of the Act is first occupied as the primary place of residence of the individual, or a relation of the individual (as defined in subsection 255(1) of the Act), after June 2002; or

  • (c) ownership of the share is transferred to the individual after June 2002.

• (4) Subsection (2) applies for the purpose of determining a rebate in respect of a supply, by a cooperative housing corporation to an individual, of a share of the capital stock of the corporation if the individual is acquiring the share for the purpose of using a residential complex as the primary place of residence of the individual, or a relation (as defined in subsection 255(1) of the Act) of the individual, and the rebate application is filed on or after July 1, 2006, unless the corporation paid tax under subsection 165(1) of the Act in respect of the supply of the complex to the corporation calculated at the rate of 7%.

Marginal note:1997, c. 10, s. 224(4)

• 40. (1) Subsection 256(2.1) of the Act is replaced by the following:

  • Marginal note:Owner-occupant of a residential unit

    (2.02) For the purpose of subsection (2.1), an individual is an owner-occupant of a residential unit at any time if it is the primary place of residence of the individual at that time and

    • (a) it is owned at that time by the individual or by another individual who is their spouse or common-law partner at that time; or

    • (b) it is in a residential complex of a cooperative housing corporation and the individual, or another individual who is their spouse or common-law partner at that time, holds at that time a share of the capital stock of the corporation for the purpose of using the residential unit.

  • Marginal note:Relevant completion date

    (2.03) For the purpose of subsection (2.1), the relevant completion date of a residential complex that the particular individual referred to in that subsection has constructed or has engaged another person to construct is the day on which that construction is substantially completed.

  • Marginal note:Rebate in Nova Scotia

    (2.1) If

    • (a) a particular individual is entitled to a rebate under subsection (2) in respect of a residential complex that the particular individual has constructed or has engaged another person to construct and that is for use, in Nova Scotia, as the primary place of residence of the particular individual or a relation of the particular individual, or the particular individual would be so entitled if the fair market value of the complex, at the time the construction of the complex is substantially completed, were less than $450,000,

    • (b) the particular individual has paid all of the tax payable by the particular individual in respect of the supply by way of sale to the particular individual of the land that forms part of the complex or an interest in the land or in respect of the supply to, importation by, or bringing into Nova Scotia by, the particular individual of any improvement to the land or, in the case of a mobile home or floating home, of the complex (the total of which tax under subsection 165(2) and sections 212.1, 218.1 and 220.05 to 220.07 is referred to in this subsection as the “total tax in respect of the province paid by the particular individual”),

    • (c) it is the case that

      • (i) neither the particular individual nor any other individual who is their spouse or common-law partner on the relevant completion date was an owner-occupant of a residential unit in any other residential complex in Canada during the period (in this paragraph referred to as the “relevant period”) that begins on the first day of the first full calendar month in the five-year period ending on the relevant completion date and that ends on the relevant completion date, or

      • (ii) on the last day when any of the individuals referred to in subparagraph (i) was an owner-occupant of a residential unit in a residential complex in Canada during the relevant period, that residential unit was destroyed otherwise than voluntarily by any of them, and

    • (d) if the particular individual has constructed or has engaged another person to construct the complex for use as the primary place of residence of a relation of the particular individual, but not for use as the primary place of residence of the particular individual or of their spouse or common-law partner, the circumstances described in subparagraph (c)(i) or (ii) would be satisfied if the references in those subparagraphs to the particular individual were references to the relation,

    the Minister shall, subject to subsection (3), pay a rebate to the particular individual, in addition to the rebate, if any, payable under subsection (2) to the particular individual, equal to the lesser of $1,500 and 18.75% of the total tax in respect of the province paid by the particular individual.

• Marginal note:1990, c. 45, s. 12(1); 1997, c. 10, ss. 66(3) and 224(5)

  (2) Subsection 256(3) of the Act is replaced by the following:

  • Marginal note:Application for rebate

    (3) A rebate under this section in respect of a residential complex shall not be paid to an individual unless the individual files an application for the rebate on or before

    • (a) the day (in this subsection referred to as the “due date”) that is two years after the earliest of

      • (i) the day that is two years after the day on which the complex is first occupied as described in subparagraph (2)(d)(i),

      • (ii) the day on which ownership is transferred as described in subparagraph (2)(d)(ii), and

      • (iii) the day on which construction or substantial renovation of the complex is substantially completed; or

    • (b) any day after the due date that the Minister may allow.

• (3) Subsection (1) applies for the purpose of determining a rebate of an individual in respect of a residential complex that the individual has constructed or engaged another person to construct if

  • (a) the building permit for that construction is issued after 2001; or

  • (b) the complex is first occupied as the primary place of residence of the individual, or a relation of the individual (as defined in subsection 256(1) of the Act), after June 2002.

• (4) Subsection (2) is deemed to have come into force on December 20, 2002.