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Version of document from 2006-11-09 to 2010-06-16:

Taxes, Duties and Fees (GST/HST) Regulations

SOR/91-34

EXCISE TAX ACT

Registration 1990-12-18

Taxes, Duties and Fees (GST/HST) Regulations

P.C. 1990-2743 1990-12-18

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 277(1)Footnote * of the Excise Tax Act, is pleased hereby to make the annexed Regulations prescribing certain taxes, duties and fees.

 [Repealed, SOR/2006-280, s. 2]

Interpretation

  •  (1) In these Regulations,

    general sales tax rate

    general sales tax rate of a province means the rate of tax set out in

    • (a) subsection 2(1) of the Retail Sales Tax Act, R.S.O. 1980, c. R.31, in the case of the Province of Ontario,

    • (b) the first paragraph of section 16 of An Act respecting the Québec sales tax, R.S.Q., c. T-0.1, in the case of the Province of Quebec,

    • (c) item 1 of Schedule VIII to the Excise Tax Act, in the case of the Province of Nova Scotia,

    • (d) item 2 of Schedule VIII to the Excise Tax Act, in the case of the Province of New Brunswick,

    • (e) subsection 2(1) of The Retail Sales Tax Act, C.C.S.M., c. R130, in the case of the Province of Manitoba,

    • (f) subsection 6(1) of the Social Service Tax Act, R.S.B.C. 1996, c. 431, in the case of the Province of British Columbia,

    • (g) section 4 of the Revenue Tax Act, R.S.P.E.I. 1988, c. R-14, in the case of the Province of Prince Edward Island,

    • (h) subsection 5(1) of The Provincial Sales Tax Act, R.S.S. 1978, c. P-34.1, in the case of the Province of Saskatchewan, and

    • (i) item 3 of Schedule VIII to the Excise Tax Act, in the case of the Province of Newfoundland and Labrador; (taux général de la taxe de vente)

    specified tax rate

    specified tax rate of a province means the rate that is the greater of

    • (a) 12%, and

    • (b) the general sales tax rate of the province plus 4%. (taux de taxe déterminé)

  • (2) In these Regulations, a reference to an Act of the legislature of a province is deemed to be a reference to that Act as amended.

  • SOR/2002-273, s. 2
  • SOR/2006-280, s. 3

Prescribed Taxes, Duties and Fees

 The following taxes, duties and fees are prescribed for the purposes of section 154 of the Excise Tax Act:

  • (a) a tax, duty or fee in respect of a transfer of real property where that tax, duty or fee is imposed by or under any of the following, namely,

    • (i) the Land Transfer Tax Act, R.S.O. 1990, c. L.6,

    • (ii) the Land Transfer Duties Act, R.S.Q., c. D-17,

    • (ii.1) Part III.7 of the Taxation Act, R.S.Q., c. I-3,

    • (iii) An Act respecting duties on transfers of immovables, R.S.Q., c. D-15.1,

    • (iv) to (viii) [Repealed, SOR/2002-273, s. 3]

    • (ix) Part V of the Municipal Government Act, S.N.S. 1998, c. 18,

    • (ix.1) [Repealed, SOR/2002-273, s. 3]

    • (x) the Real Property Transfer Tax Act, S.N.B. 1983, c. R-2.1,

    • (xi) Part III of The Tax Administration and Miscellaneous Taxes Act, C.C.S.M., c. T2,

    • (xii) the Property Transfer Tax Act, R.S.B.C. 1996, c. 378,

    • (xiii) The Land Titles Act, 2000, S.S. 2000, c. L-5.1,

    • (xiv) the Land Titles Act, R.S.A. 2000, c. L-4,

    • (xv) the Real Property Transfer Tax Act, S.P.E.I. 2005, c. 49,

    • (xvi) the Registration of Deeds Act, R.S.N.L. 1990, c. R-10, and

    • (xvii) the St. John’s Assessment Act, R.S.N.L. 1990, c. S-1;

  • (b) a tax imposed by the legislature of a province, under an Act referred to in the definition general sales tax rate in subsection 2(1), in respect of an item of property or a service if

    • (i) the tax is calculated as a percentage of the value or price of the property or service,

    • (ii) the tax is payable by the recipient of a supply of the property or service,

    • (iii) the tax is not included in the value or price of the property or service for purposes of calculating any other tax under that Act in respect of that property or service, and

    • (iv) the total of the rates of all taxes that are imposed under that Act in respect of the property or service and calculated as a percentage of the value or price of the property or service does not exceed the specified tax rate of the province; and

  • (c) a tax in respect of a service or an item of personal property imposed by or under any of the following:

    • (i) to (v) [Repealed, SOR/2002-273, s. 3]

    • (v.1) and (vi) [Repealed, SOR/2002-273, s. 3]

    • (vii) Part I.1 of The Tax Administration and Miscellaneous Taxes Act, C.C.S.M., c. T2,

    • (viii) section 330 of The Municipal Act, C.C.S.M., c. M225,

    • (viii.1) subsection 442(1) of The City of Winnipeg Charter, S.M. 2002, c. 39,

    • (ix) sections 2 to 3.1 of the Hotel Room Tax Act, R.S.B.C. 1996, c. 207,

    • (ix.1) section 36 of The Power Corporation Act, R.S.S. 1978, c. P-19,

    • (x) The Liquor Consumption Tax Act, S.S. 1979, c. L-19.1,

    • (x.1) [Repealed, SOR/2006-280, s. 4]

    • (xi) section 316 of The Municipalities Act, S.S. 2005, c. M.36.1,

    • (xii) subsection 2(1) of the Tourism Levy Act, R.S.A. 2000, c. T-5.5,

    • (xiii) section 28.1 of the St. John’s Assessment Act, R.S.N.L. 1990, c. S-1, and

    • (xiv) section 2 of the Liquor Tax Act, R.S.Y. 2002, c. 141,

    where

    • (xv) the tax is calculated as a percentage of the value or price of the property or service,

    • (xvi) the tax is payable by the recipient of a supply of the property or service,

    • (xvii) no tax in respect of the property or service is imposed by the legislature of a province under an Act referred to in the definition general sales tax rate in subsection 2(1), and

    • (xviii) the total of the rates of all taxes, each of which is

      • (A) imposed by or under an Act of the legislature of the province in respect of the property or service,

      • (B) calculated as a percentage of the value or price of the property or service, and

      • (C) payable by the recipient of a supply of the property or service,

      does not exceed the specified tax rate of the province.

  • SOR/2002-273, s. 3
  • SOR/2006-280, s. 4
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