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"Point in Time" Regulation Content

Community Charter; Local Government Act

Port Alice Local Government Tax Relief Regulation

B.C. Reg. 338/2005

 Note: This regulation has been placed in the Regulations Point in Time collection. This regulation is not repealed.

B.C. Reg. 338/2005
O.C. 834/2005
Deposited November 25, 2005

Community Charter; Local Government Act

Port Alice Local Government Tax Relief Regulation

Definitions

1   In this regulation:

"municipal tax" means

(a) taxes in arrear under section 245 of the Community Charter,

(b) delinquent taxes under section 246 of the Community Charter, and

(c) taxes that if uncollected will become taxes in arrear on December 31, 2005, and penalties and interest on those taxes,

but does not include school tax;

"school tax" means taxes levied by the Province under section 119 of the School Act and interest and penalties on those taxes;

"regional district" means the Mount Waddington Regional District;

"regional district tax" means taxes the regional district requisitioned from the village under section 805 of the Local Government Act;

"trustee" means the trustee in the bankruptcy of Port Alice Specialty Cellulose Inc. in Vancouver Supreme Court Registry Action No. B014848, Estate No. 11-247933;

"village" means the Village of Port Alice.

Forgiveness of municipal taxes

2   (1) The village, by resolution, may provide assistance to a purchaser of land or improvements that are or were assets of the trustee in the bankruptcy of Port Alice Specialty Cellulose Inc. by irrevocably forgiving all or part of the municipal tax that

(a) was imposed on the land or improvements, and

(b) remains, or will remain, unpaid after

(i) the completion of the trustee's sale of the land or improvements to the purchaser, and

(ii) the full administration of the estate and discharge of the trustee.

(2) If the village exercises the power under subsection (1),

(a) section 251 of the Community Charter does not apply in relation to the tax forgiven, and

(b) the village must not exercise the powers of collection and recovery established by the Community Charter or the Local Government Act in relation to the forgiven amount.

Forgiveness of regional district tax

3   (1) The regional district, by resolution, may irrevocably forgive all or part of the regional district tax that

(a) was imposed for the 2005 taxation year on land or improvements that are or were assets of the trustee in the bankruptcy of Port Alice Specialty Cellulose Inc., and

(b) remains, or will remain, unpaid to the village after

(i) the completion of the trustee's sale of the land and improvements to a purchaser, and

(ii) the full administration and discharge of the trustee.

(2) If the regional district exercises the power under subsection (1), section 805 (2) of the Local Government Act does not apply in relation to the forgiven amount.

[Provisions relevant to the enactment of this regulation: Community Charter, S.B.C. 2003, c. 26, section 281 and Local Government Act, R.S.B.C. 1996, c. 323, section 799]