Definitions

1   In this regulation:

"Act" means the School Act;

"collector" has the same meaning as in section 1 of the Home Owner Grant Act;

"grant administrator" has the same meaning as in section 1 of the Home Owner Grant Act;

"home owner grant" means a grant as defined in section 1 of the Home Owner Grant Act;

"minister" means the Minister of Finance;

"municipal tax due date" means a date by which property taxes are due to a municipality, without the addition of a penalty or interest,

(a) under Part 7 [Municipal Revenue] of the Community Charter, or

(b) under Part XX [Real-Property Taxation] of the Vancouver Charter;

"specified municipal tax due date" means the later of

(a) the first municipal tax due date applicable to a municipality, and

(b) one of the following, as applicable:

(i) in the case of the City of Vancouver, the second business day in July;

(ii) in the case of any other municipality, July 2.

[am. B.C. Reg. 161/2021, s. 1.]

Manner of paying instalments

2   For the purposes of section 124 (5) of the Act, a municipality must pay instalments of school taxes by electronic funds transfer.

First instalment of school taxes

3   (1) On or before the tenth business day after the specified municipal tax due date applicable to a municipality, the municipality must pay to the minister an instalment equal to the difference between the following 2 amounts:

(a) the amount equal to the sum of the amount of general school taxes determined under subsection (2) and the amount of additional school taxes determined under subsection (3);

(b) the administration fee prescribed under section 124 (10) [collection of school taxes by municipality] of the Act.

(2) For the purposes of calculating the instalment described in subsection (1), the amount of general school taxes for a municipality is the amount of general school taxes collected by the municipality on or before the specified municipal tax due date after

(a) making adjustments, if any, referred to in section 121 [adjustments] of the Act, and

(b) deducting the total amount of home owner grants approved by the grant administrator under section 10 [approval of grant] of the Home Owner Grant Act on or before the specified municipal tax due date.

(3) For the purposes of calculating the instalment described in subsection (1), the amount of additional school taxes for a municipality is the amount of the additional school taxes collected by the municipality on or before the specified municipal tax due date after making adjustments, if any, referred to in section 121 of the Act.

[en. B.C. Reg. 161/2021, s. 2.]

Second instalment of school taxes

4   (1) In this section:

"additional municipal tax due date" means the first municipal tax due date, if any, after the specified municipal tax due date for the municipality;

"collection period", in relation to a municipality, means the period beginning after the specified municipal tax due date applicable to the municipality and ending on the municipality's additional municipal tax due date.

(2) If a municipality has an additional municipal tax due date, the municipality must pay to the minister, on or before the tenth business day after that additional municipal tax due date, an instalment equal to the sum of the following amounts:

(a) the balance of general school taxes collected by the municipality during the collection period after

(i) making adjustments, if any, referred to in section 121 of the Act, and

(ii) deducting the total amount of home owner grants approved by the grant administrator under section 10 of the Home Owner Grant Act during the collection period;

(b) the balance of additional school taxes collected by the municipality during the collection period after making adjustments, if any, referred to in section 121 of the Act.

[en. B.C. Reg. 161/2021, s. 2.]

Final instalment of school taxes

5   If a municipality pays the balance of school taxes under section 124 (2) (b) of the Act, the municipality must, in calculating the balance,

(a) make adjustments, if any, referred to in section 121 of the Act, and

(b) deduct from the balance of general school taxes the total amount of any home owner grants approved by the grant administrator under section 10 of the Home Owner Grant Act on or before the calendar year end of the taxation year but after the later of the following:

(i) the specified municipal tax due date applicable to the municipality;

(ii) the municipality's additional municipal tax due date, as defined in section 4 (1) of this regulation, if any.

[en. B.C. Reg. 161/2021, s. 2.]

Certified statements and other records

6   (1) Together with an instalment paid under section 3 or 4, a municipality must submit to the minister a statement certifying that the instalment was calculated in accordance with the applicable section and that it is correct.

(2) A statement under subsection (1) must be certified by the collector or a person in another position authorized for that purpose by the municipality.

(3) An amount of school taxes paid by a municipality under section 124 (2) (b) or (3) of the Act must be certified as correct by the collector or a person in another position authorized for that purpose by the municipality.

[en. B.C. Reg. 161/2021, s. 2.]