Section 1, definition of "professional engineer" BEFORE amended by BC Reg 11/2021, effective February 5, 2021.
"professional engineer" has the same meaning as in section 1 (1) of the Engineers and Geoscientists Act.
Section 1, definition of "professional engineer" BEFORE amended by BC Reg 32/2023, effective February 10, 2023.
"professional engineer" means a person who is registered under the Professional Governance Act as a professional engineer or professional engineering licensee.
Section 4 (1) (part) and (2) (part) BEFORE amended by BC Reg 288/2021, effective January 1, 2022.
(1) Subject to the conditions set out in section 5, the following improvements in respect of an eligible hydroelectric power project referred to in section 3 (1) (a) are exempt from school taxes:
(2) Subject to the conditions set out in section 5, the following improvements in respect of an eligible hydroelectric power project referred to in section 3 (1) (b) are exempt from school taxes:
Section 5 (1) (part) BEFORE amended by BC Reg 288/2021, effective January 1, 2022.
(1) Subject to subsections (2) and (3), an exemption from school taxes under section 4 does not apply in a taxation year unless the following conditions are met:
(3) In addition to the conditions and requirements set out in subsections (1) and (2),
Section 5 (1) (a) (i) BEFORE amended by BC Reg 288/2021, effective January 1, 2022.
(i) licensed to display the EcoLogoTM certified by the Environmental ChoiceTM Program of the government of Canada, and
Section 5 (1) (a) (i) BEFORE repealed by BC Reg 288/2021, effective January 1, 2022.
Section 5 (3) BEFORE amended by BC Reg 288/2021, effective January 1, 2022.
Section 5 (4) was added by BC Reg 288/2021, effective January 1, 2022.
Section 6 (5) BEFORE repealed by BC Reg 69/2017, effective March 1, 2017.
(5) A refund under this section is not available for school taxes payable in the 2004 taxation year or any taxation year before 2004.
Section 6 (1) definition of "first exempt taxation year" BEFORE amended by BC Reg 288/2021, effective January 1, 2022.
"first exempt taxation year" means, in relation to an eligible hydroelectric power project referred to in section 3, the first taxation year in which the power project's improvements are, on a final determination under the Assessment Act, exempt under section 4 as a result of the conditions set out in section 5 (1) being met.
Section 6 (2) BEFORE amended by BC Reg 288/2021, effective January 1, 2022.
(2) Subject to this section, if on a final determination under the Assessment Act improvements of an eligible hydroelectric power project referred to in section 3 become exempt under section 4 as a result of the conditions set out in section 5 (1) being met, the minister of revenue may, on application by the taxpayer, refund to the taxpayer school taxes paid by the taxpayer before the first exempt taxation year.
Section 7 BEFORE repealed by BC Reg 69/2017, effective March 1, 2017.
Exemptions for 2005 taxation year
7 (1) Despite anything in section 4 or 5 but subject to the conditions set out in subsections (2) and (3) of this section, the following improvements in respect of an eligible hydroelectric power project referred to in section 3 (1) (a) are exempt from school taxes for the 2005 taxation year:
(a) intake facilities and trash racks;
(b) tunnels and tunnel linings;
(c) penstocks, penstock foundations and penstock support structures;
(d) weirs and associated control structures.
(2) An exemption under this section applies only if
(a) a professional engineer has certified that, as of October 31, 2004, the head pond storage capacity of the power project is no more than 24 hours of average annual flow,
(b) the power project has, as of October 31, 2004, a contract with the authority to sell the authority power produced by the power project,
(c) the term of the contract referred to in paragraph (b) is no less than 10 years from the date the contract was made, and
(d) the owner or a senior executive officer of the power project confirms the facts described in paragraphs (b) and (c).
(3) In addition to the conditions and requirements set out in subsection (2),
(a) a copy of a certificate under subsection (2) (a) must be provided
(i) to the assessor of the assessment area in which the power project is located, and
(b) a confirmation under subsection (2) (d) must be
(ii) made to the assessor of the assessment area in which the power project is located, and
(4) The exemptions from school taxes provided under this section apply for the purposes of the 2005 taxation year and this regulation is retroactive to the extent necessary to apply for the purposes of that taxation year.