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NO. 43 A BYLAW RESPECTING THE MUNICIPAL LAND TRANSFER TAX
Title
1. This by law shall be known as and may be cited as the "Municipal Land Transfer
Tax Bylaw.
Application
2. Chapter 10 of the Statutes of Nova Scotia, 1968 amended by Chapter 89 of the
of Act
Statutes of Nova Scotia, 1969, the Municipal Land Transfer Tax Act, shall apply
to the Town of Trenton. The provisions of the Act are set out in Schedule A of this
By law.
Effective Date
3. This by law shall have effect from and including the 18th day of March, 1991.
SCHEDULE "A"
BE IT ENACTED by the Governor and Assembly as follows:
1.
In this Act:
a. "Clerk" means the City Clerk in the case of a city; the Town Clerk in the case of a town;
or the Municipal Clerk in the case of a municipality.
b. "Deed" means any instrument or writing not testamentary in character, whereby property
is conveyed, transferred, assigned or vested in any person, but does not include a mortgage
or an agreement of sale of a lease for a term less than twenty five years, or a deed given by
a clerk of a municipal unit in pursuance of a sale for rates and taxes;
c. "Director" means the Director of Assessment for the municipal unit;
d. "Grantee" means the person to whom property is transferred by deed for value or otherwise;
e. "Grantor" means the transferor or the person who transfers property by deed for value or
otherwise;
f. "Minister" means Minister of Municipal Affairs;
g. "Municipality" means municipality top which the Municipal Act applies;
h. "Municipal unit" means city, town or municipality;
I. "Person" includes a corporation and the heirs, executors, administrators or other legal
representatives of a person;
j. "property" means real property of any kind including any right, easement or power in respect
thereof or interest therein;
k. "registered Canadian charitable organization" means a charitable organization registered under
the Income Tax Act (Canada) and the regulations made under that Act;
l. "Registrar" means the Registrar of Deeds;
m. "sale price" means the entire consideration for the sale of the property and, without restricting
the generality of the foregoing, includes;
I. money considerations paid together with the par or face value of promissory notes,
cheques, bills of exchange, agreements and securities forming part of the consideration;
ii. the gross value or real or personal property given in exchange in whole or in part
including mortgages made by the grantee in favour of the grantor or his executor,
nominee, assignee, trustee or anyone on his behalf.
iii. outstanding obligations or accounts canceled, assumed or satisfied.
iv. the amount of rates, taxes, liens, mortgages, and encumbrances, including interest
and expenses thereon assumed by the grantee at the date of transfer;
n. "tax" means the tax levied, assessed or imposed by this Act;
o. "town" means town to which the Towns Act applies;
p. "transfer" means a transaction whereby property is transferred or conveyed by deed;
q. "treasurer" means the treasurer of the municipal unit;
r. "unit" means municipal unit;
s. "value" means the sale price.
2.
(1) Excepting for this section , this Act does not apply to and is not in effect in any unit unless a
by law under this section has been passed by the Council thereof and is in force.
(2) Subject to the approval of the Minister the Council of a unit may pass a by law providing that
this act applies to the unit and this Act shall apply to the unit on and after the date named in the bylaw or
the date of approval by the Minister, whichever is later.
(3) This Act does not apply to any municipal unit that under the authority of any other act levies a
tax of a kind permitted by this act.
3.
(1) On every deed a tax of one half of one per cent of the value of the property thereby conveyed
is imposed and levied and payable to the municipal unit within which the property lies.
(2) Where the property is situated in more than one unit, the value shall be apportioned between or
among the units whether or not this act is in effect in all of them and the tax for each unit shall be
computed on that part of the value that has been apportioned to the unit.
(3) Where the property is situated in more than one unit, the apportionment shall be made by the
Directors of Assessment for the units involved. If the directors are unable to agree, then the value shall be
determined summarily by any regional assessment appeal court on whom the directors agree or, in the
absence of agreement, by one appointed by the Minister, and the fees and expenses of the Regional
Assessment Appeal Court on this determination shall be paid by the units involved in the proportions
determined by that Court.
(4) Where the units are involved have the same Director, then he shall apportion the value
between
or among them and his decision shall be final.
4.
When the grantee is registered Canadian charitable organization a deed is exempt form the tax if
the property is not to be used for any commercial, industrial, rental or other business purpose and if an
officer of the grantee makes and files with the Clerk an affidavit, the property is used by the grantee for a
commercial, industrial, rental or other business purpose or is sold or conveyed by the grantee, the Clerk
of the unit shall compute the tax for which the grantee would have been liable if it had not been registered
Canadian charitable organization and the grantee is liable to pay the amount thereof and interest thereon at
the rate of six percent per annum computed from the date of the deed first referred to in this Section.
5.
(1) When a deed merely confirms, corrects, modifies or supplements a deed previously given and
there is no consideration thereof beyond one dollar and it does not include more property than the deed
previously given, then it is exempt from the tax.
(2) When a deed transfers property between a wholly owned subsidiary company and its parent
company or between companies that are wholly owned by another company or person then it is exempt
from the tax.
6.
A deed in which the certificates of execution show on their face that they were signed by the
official prior to the date on which this act becomes effective in the unit in which the property is situated is
not subject to the tax.
7.
(1) Not later than seventy two hours after a transfer, and whether or not a tax is payable, thereon,
the grantee shall file with the clerk an affidavit made by himself or by someone having a full knowledge of
facts, setting out the names of the parties, the location of the property, the sale price of the property with
full details of the consideration including the amount of any lien or encumbrance subject to which the
transfer was made; and if the affidavit is made by the grantee it shall state that the person making it has
personal knowledge of the facts stated in it. The affidavit may be in the form in Schedule A or to the like
effect.
(2) Where the affidavit is made by a person other than the grantee the is personally liable jointly
and severally with the grantee for payment of the amount of the tax.
(3) If the grantee claims exemption from the tax, the affidavit shall be filed but shall set out the
facts on which the grantee claims to be exempt, and in the case of a registered Canadian charitable
organization shall give the number of its registration under the Income Tax Act (Canada).
8.
(1) On receipt of the affidavit the clerk shall compute the amount of the tax.
(2) The tax shall be paid by the grantee named in the deed and shall be due and payable by him
at the time of making transfer.
9.
(1) If the clerk is not satisfied that the affidavit sets out the true complete sale price or if for any
reason he is not able form the affidavit to determine the sale price, he may refuse to accept the affidavit and
to endorse the deed, and shall so advise the person who tenders the affidavit.
(2) The grantee shall thereupon tender the affidavit to a regional assessment appeal court named
by the clerk or by the Minister if the clerk does not name one within six hours after he has declined to
accept the affidavit.
(3) This court shall proceed to determine the sale price and for that purpose may examine persons
on oath. This court shall also determine who is to pay its fees and expenses, and if any of these are to be
paid by the grantee then the municipal unit may pay the entire fees and expenses of the court and add to the
tax the amount or part thereof that is to be paid by the grantee.
(4) The determination of an assessment appeal court shall be final.
10A
(1) With the consent of the Registrar of Deeds, the Council of a unit may be resolution appoint the
Registrar of Deeds for the registration district in which the unit is located, to exercise and perform the
powers, duties and responsibilities of the clerk under Sections 7,8,9, and 10; and may enter into an
agreement determining the compensation to be paid to the Registrar.
(2) After such resolution has been passed and until it has been revoked, affidavits and other
documents that may be filed with the clerk shall be filed instead with the Registrar of Deeds, and the
Registrar shall compute the amount of the tax and take all the proceedings that the clerk may or is required
to take under this Act, and upon payment of the tax or upon the Registrar finding that the deed is exempt
from tax, he shall endorse the deed with one of the certificates referred to in Section 10.
(3) On the first day of each month the Registrar shall transmit to the Clerk, the documents
previously filed with him under this Act with a report of his proceedings thereunder, excepting the
documents relating to cases where the Registrar has not signed one of the certificates referred to in Section
10, and at the same time shall transmit to the Clerk the amount of the tax collected by him after first
deducting any remuneration that may be due to him.
11.
If the grantee does not pay the tax when due he shall pay interest thereon at the rate of one half of
one per cent per month until paid, beginning ten days after the transfer, and a penalty of ten per cent on any
tax or portion thereof which remains unpaid after thirty days from the date of the transfer.
12.
The tax with interest and penalty constitutes a lien upon the property, situate wholly or in part
within the municipality, which is conveyed by the deed. The lien attaches on the date when the tax is due
and continues until discharged by payment, or in accordance with law, and may be collected in the same
manner as annual rates and taxes of the unit are collected.
13.
If the clerk of any municipal unit has advised the Registrar of Deeds that the unit has passed and
the Minister has approved a by law under Section 2 and that this Act is in force in that unit, then
notwithstanding the Registry Act, the Registrar shall not thereafter receive for registration any deed of
property wholly or partly within the unit unless is bears a certificate signed by the Clerk stating that no tax
is payable.
14.
Any person who makes any false statement in an affidavit under Section 7 or any person who
violates any provision of this Act shall be liable on summary conviction to a penalty not exceeding five
hundred dollars and in default of payment to imprisonment for a term not exceeding three months, and
further shall be liable to pay the amount of the tax, together with interest and penalty that should have been
paid upon such deed.
15.
This Act may be cited as a Municipal land Transfer Tax Act.
SCHEDULE A
AFFIDAVIT OF VALUE
I__________________________of____________________in the County of _____________________
(occupation) make oath and say that
(1) I am the grantee in the deed hereinafter described, (or I am the solicitor or agent of the grantee
in the deed hereinafter described and I have personal knowledge of the facts and information hereinafter
set out).
(2) The fats and information hereinafter set out are true:
a. name of grantee in full is_____________________________
b. name of grantor in full is_____________________________
c. date of transfer is __________________________________
d. location of property is_______________________________
e. manner of acquiring title is (deed, will, intestacy, court order, etc)
___________________________________________________
f. sale price as determined under the Municipal Land Transfer Tax Act is $___________
made up as follows:
g. complete description of property is:
Sworn to at.............................................
in the County of......................................
this...........day of.....................................
A.D., 20......before
me..........................................................
A Barrister, Commissioner or Notary Public.
SCHEDULE B
CERTIFICATE OF CLERK
I hereby certify that the deed transfer tax on this deed has been paid in full on this...............day of
................................., 20.........
Town Clerk
OF THE TOWN OF TRENTON
SCHEDULE C
CERTIFICATE OF CLERK
I hereby certify that no deed transfer tax is due or payable on this deed.
Dated this............day of............................, 20.....................
TOWN OF CLERK
OF THE TOWN OF TRENTON