Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:Imposition of consumption taxes in offshore area

• 212 (1) There shall be imposed, levied and collected under this Part in respect of the offshore area, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Consumption Tax Acts if the offshore area were in the Province.

• Marginal note:Exception

  (2) Despite subsection (1), if taxes are imposed in respect of any matter under any of the Consumption Tax Acts and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

• Marginal note:Application of Nova Scotia legislation

  (3) Subject to this Act and the regulations made under it, the Consumption Tax Acts and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

  • (a) a reference in those Acts to Her Majesty in right of the Province is to be read as a reference to Her Majesty in right of Canada;

  • (b) a reference in those Acts to the Province is to be read as a reference to the offshore area; and

  • (c) a reference in those Acts to the Minister responsible for the administration of any of those Acts or to the Provincial Tax Commissioner is to be read as a reference to the Minister of Finance.

• Marginal note:Nova Scotia regulations

  (3.1) The following regulations apply for the purposes of subsection (3):

  • (a) any regulations made under the Consumption Tax Acts;

  • (b) any regulations made under an Act that was replaced by a Part of the Revenue Act, S.N.S. 1995-96, c. 17, that is referred to in the definition Consumption Tax Acts in section 211 to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with that Part; and

  • (c) any regulations made under the Sales Tax Act, S.N.S. 1996, c. 31, as amended from time to time.

• Marginal note:Binding on certain entities

  (4) This section is binding on

  • (a) the corporations mentioned in Schedule I to the Federal-Provincial Fiscal Arrangements Act, if Nova Scotia is a participating province as defined in subsection 31(1) of that Act; and

  • (b) the corporations mentioned in Schedule II to that Act.