| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | IMPORTANT INFORMATION |
Assented to May 29, 2008
Part 5 — Collection of Tax and Security
Division 1 — Appointments and Certificates
16 (1) Subject to subsection (2), and on receipt of an application in the form specified by the director, the director may, if the director considers that the applicant is suitable,
(a) appoint a vendor to be a collector for a type or subcategory of a type of fuel, and
(b) make the appointment subject to any other conditions and limitations specified by the director.
(2) Before an applicant is appointed as a collector, the applicant must enter into an agreement with the director, on behalf of the government, setting out the duties to be performed by the applicant when acting as a collector and any other matters the director considers necessary or advisable.
(3) Effective on July 1, 2008, a person who, immediately before that date, was
(a) a vendor, as defined in section 1 of this Act, and was not required to be a collector under the Motor Fuel Tax Act, or
(b) a collector appointed under section 28 (1) or 32 (2) of the Motor Fuel Tax Act, as it read on June 30, 2008,
is deemed to be appointed as a collector under subsection (1).
(4) If the appointment of a person as a collector under section 28 (1) or 32 (2) of the Motor Fuel Tax Act, as it read on June 30, 2008, is subject to terms and conditions, the deemed appointment of the person as a collector under subsection (3) is subject to the same terms and conditions, unless the director specifies different terms and conditions.
(5) If the appointment of a person as a collector under section 28 (1) or 32 (2) of the Motor Fuel Tax Act, as it read on June 30, 2008, is not subject to terms and conditions, the director may specify terms and conditions for the deemed appointment of the person as a collector under subsection (3).
(6) An appointment deemed to be made under subsection (3) has a term that ends on the date that is the earliest of the following:
(a) the end of the day on December 31, 2008;
(b) the date the deemed appointment as a collector is suspended or cancelled under this Act;
(c) the date the person is appointed as a collector under subsection (1) of this section.
19 (1) On receipt of an application in the form specified by the director, the director may, if the director considers that the applicant is suitable,
(a) issue a registration certificate to a retail dealer authorizing the retail dealer to sell marketable natural gas or propane, and
(b) make the registration certificate subject to any other conditions and limitations specified by the director.
(2) The director may require that before a registration certificate is issued under subsection (1), the applicant enter into an agreement with the director, on behalf of the government, setting out the duties to be performed by the applicant when acting as a retail dealer of marketable natural gas or propane and any other matters the director considers necessary or advisable.
(3) Effective on July 1, 2008, a person who, immediately before that date,
(a) was a retail dealer of marketable natural gas or propane, and
(b) held a registration certificate issued under the Social Service Tax Act
is deemed to be issued a registration certificate under subsection (1).
(4) If a person holds a registration certificate issued under the Social Service Tax Act that is subject to terms and conditions, the registration certificate that is deemed to be issued to the person under subsection (3) is subject to the same terms and conditions, unless the director specifies different terms and conditions.
(5) If a registration certificate issued to a person under the Social Service Tax Act is not subject to terms and conditions, the director may specify terms and conditions for the registration certificate that is deemed to be issued to the person under subsection (3).
(6) A registration certificate deemed to be issued to a person under subsection (3) has a term that ends on the date that is the earliest of the following:
(a) the end of the day on December 31, 2008;
(b) the date that registration certificate is suspended or cancelled under this Act;
(c) the date the person is issued a registration certificate under subsection (1).
20 (1) Subject to subsection (2) and on receipt of an application in the form specified by the director, the director may
(a) issue a registered consumer certificate for a type or subcategory of a type of fuel specified by the director, to an applicant who
(i) the director considers suitable,
(ii) is included in a prescribed category of persons, and
(iii) meets the prescribed conditions and requirements, if any, and
(b) make the registered consumer certificate subject to any other conditions and limitations specified by the director.
(2) Before an applicant is issued a registered consumer certificate, the applicant must enter into an agreement with the director, on behalf of the government, setting out the duties to be performed by the applicant when acting as a registered consumer and any other matters the director considers necessary or advisable.
(3) Effective on July 1, 2008, a person who, immediately before that date, held a registered consumer certificate under the Motor Fuel Tax Act is deemed to be issued a registered consumer certificate under subsection (1).
(4) If a person holds a registered consumer certificate issued under the Motor Fuel Tax Act that is subject to terms and conditions, the registered consumer certificate that is deemed to be issued to the person under subsection (3) is subject to the same terms and conditions, unless the director specifies different terms and conditions.
(5) If a registered consumer certificate issued to a person under the Motor Fuel Tax Act is not subject to terms and conditions, the director may specify terms and conditions for the registered consumer certificate that is deemed to be issued to that person under subsection (3).
(6) A registered consumer certificate deemed to be issued under subsection (3) has a term that ends on the date that is the earliest of the following:
(a) the end of the day on December 31, 2008;
(b) the date that the deemed registered consumer certificate is suspended or cancelled under this Act;
(c) the date the person is issued a registered consumer certificate under subsection (1).
21 (1) Subject to subsection (2) and on receipt of an application in the form specified by the director, the director may
(a) issue a registered air service certificate or registered marine service certificate, for a type or subcategory of a type of fuel specified by the director, to an applicant who
(i) the director considers is suitable,
(ii) is included in a prescribed category of persons, and
(iii) meets the prescribed conditions and requirements, if any, and
(b) make the registered air service or marine service certificate subject to any other conditions and limitations specified by the director.
(2) Before an applicant is issued a registered air service certificate or registered marine service certificate, the applicant must enter into an agreement with the director, on behalf of the government, setting out the duties to be performed by the applicant when acting as a registered air service or a registered marine service and any other matters the director considers necessary or advisable.
22 The director may limit the application of a collector’s appointment, a registered consumer certificate or a registered air service or marine service certificate to a subcategory of a type of fuel, if the subcategory is prescribed under this Act.
Part 14 — Consequential Amendments
[Note: See Table of Legislative Changes for the status of sections 96 to 156.]
| Section(s) | Affected Act | |
| 96 | British Columbia Railway Act | |
| 97 | Financial Administration Act | |
| 98-154 | Motor Fuel Tax Act | |
| 155-156 | Amendments to this Act |
157 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | July 1, 2008 |
| 2 | Section 16 | June 1, 2008 |
| 3 | Sections 19 to 22 | June 1, 2008 |
| 4 | Section 97 | By regulation of the Lieutenant Governor in Council, which may be made to bring section 97 into force on or after July 1, 2008 |
| 5 | Sections 155 and 156 | January 1, 2009 |
[Not in force.]
[Not in force.]
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