Regulatory and Appeals Commission (IRAC), Prince Edward Island

Updated to: April 10, 2008 -

(Includes Amendments Approved on March 25, 2008)

(Click HERE for Previous Version of this Act)

CHAPTER R-14

REVENUE TAX ACT

REGULATIONS

Made by the Lieutenant Governor in Council under the Revenue Tax Act R.S.P.E.I. 1988, Cap. R-14.

Definitions

1. (1) In the Act or these regulations

Act

(a) "Act" means the Revenue Tax Act R.S.P.E.I. 1988, Cap. R-14;

accommodation charges

(b) "accommodation charges" means the entire charge if in excess of twenty dollars made by the owner or operator of an establishment licensed, or required to be licensed, under the provisions of the Innkeepers Act R.S.P.E.I. 1988, Cap. I-2, for renting, leasing or letting any living quarters, sleeping or housekeeping accommodations other than such charges for the accommodation of

(i) persons who enter into a lease agreement for at least thirty days or have resided continuously at the same establishment for periods of thirty days or more and who continue to reside at that establishment thereafter,

(ii) persons who are in full-time attendance at a public school, college, university, or other approved school of instruction situated in the province,

(iii) persons attending recreational camps operated by a religious, charitable or benevolent organization,

(iv) tents or trailers on spaces supplied by a camp or trailer park;

admission charges

(b.01) "admission charges" includes entrance fees, cover charges or other fees charged for admission to a place of entertainment;

aquaculturist

(b.1) "aquaculturist" means

(i) an individual who earns at least 25 per cent of the individual's gross annual income from the cultivation and harvesting of aquatic plants and animals for sale and has the appropriate licenses or permits issued by the federal government,

(ii) a corporation that

(A) is registered in this province,

(B) is actively engaged in the practice of aquaculture,

(C) has the appropriate licenses or permits issued by federal government, and

(D) earns at least 25 per cent of the corporation's gross annual income from the cultivation and harvesting of aquatic plants and animals for sale, or

(iii) a partnership that

(A) is registered in this province,

(B) is actively engaged in the practice of aquaculture,

(C) has the appropriate licenses or permits issued by the federal government in the name of the partnership, or in the name of at least one partner, and

(D) earns at least 25 per cent of the partnership's gross annual income from the cultivation and harvesting of aquatic plants and animals for sale; (EC208/99-revoked) (EC554/02)

(b.2) revoked by EC295/90;

as part of one transaction

(c) "as part of one transaction" does not include transactions where several are purchased from different departments of the same vendor;

(d) revoked by EC1014/83;

classroom supplies

(e) "classroom supplies" means the following goods when sold to students, the parents or tutors of students, or teachers, for use by a student attending an approved educational institution:

clipboards

construction paper

crayons

drawing books

drawing instruments

drawing paper

duotangs

erasers

foolscap

glue sticks

graph paper

highlighters

ink

looseleaf paper

marker pens

music manuscript paper

paste

pencil cases/boxes

pencils

pens

pocket calculators

ring binders

rulers

scissors

scrapbooks

scribblers

sketch books

workbooks

clothing

(f) "clothing" means all items designed to be worn on the body but does not include protective items such as latex gloves, helmets, hockey pants, shoulder pads, shin pads, hockey gloves, baseball gloves, golf gloves and other protective items of a similar nature and does not include watches, hair accessories, jewellery, purses, umbrellas, costumes and similar items; (EC283-93; EC210/07)

commercial fisherman

(g) "commercial fisherman" means

(i) an individual who earns at least 25 per cent of the individual's gross annual income from fishing and has the appropriate licenses or permits issued by the federal government,

(ii) a corporation that

(A) is registered in this province,

(B) is actively engaged in the commercial fishery,

(C) has the appropriate licenses or permits issued by the federal government in the name of the corporation or in the name of one of the officers in trust for the corporation, and

(D) earns at least 25 per cent of the corporation's gross annual income from fishing, or

(iii) a partnership that

(A) is registered in this province,

(B) is actively engaged in the commercial fishery,

(C) has the appropriate licenses or permits issued by the federal government in the name of the partnership or in the name of one of at least one partner, and

(D) earns at least 25 per cent of the partnership's gross annual income from fishing;

commercial fisherman

(g) "commercial fisherman" means

(i) an individual who earns at least 25 per cent of the individual's gross annual income from fishing and has the appropriate licenses or permits issued by the federal government,

(ii) a corporation that

(A) is registered in this province,

(B) is actively engaged in the commercial fishery,

(C) has the appropriate licenses or permits issued by the federal government in the name of the corporation or in the name of one of the officers in trust for the corporation, and

(D) earns at least 25 per cent of the corporation's gross annual income from fishing, or

(iii) a partnership that

(A) is registered in this province,

(B) is actively engaged in the commercial fishery,

(C) has the appropriate licenses or permits issued by the federal government in the name of the partnership or in the name of one of at least one partner, and

(D) earns at least 25 per cent of the partnership's gross annual income from fishing;

community pasture organization (g.01) "community pasture organization" means a non-profit or cooperative organization that is incorporated for the purpose of providing, for a fee, pasture land for the use of livestock owned by farmers; (EC394-03)

computer software (g.1) "computer software" means packaged or pre-written computer programs, and includes

(i) a plan for the solution of a problem through the use of a computer;

(ii) instructions to enable or cause a computer to control or perform a function, or to produce a desired result, either directly or through the working of other equipment;

(iii) system programs, application programs and any other computer programs or subdivisions thereof, including assemblers, compilers, routines, generators and utility programs;

(iv) the design, development, writing, translation or gabrication of a computer program, whether or not provided on storage media,

(v) the right to use those programs, and

(vi) modifications to or of those programs,

but does not include a computer program that is designed and developed solely to meet the specific requirements of the purchaser;

contractor

(h) "contractor" means a person who undertakes for others the construction, repair or improvement of real property and includes subcontractors, general contractors and others who install or incorporate goods into real property for a person other than themselves and such goods become a part of or affixed to real property;

(i) revoked by EC1014/83;

extrajurisdictional student (i1) "extrajurisdictional student" means a student who (EC394-03)

(i) is in full-time attendance at an approved educational institution in the province, and (EC394-03)

(ii) has parents who reside outside of the province; (EC394-03)

fabrics and accessories

(j) "fabrics and accessories" means materials, patterns, thread, yarn, zippers and other supplies of similar nature which become part of clothing;

(k) revoked by EC452/81;

(l) revoked by EC452/81;

farmer

(m) "farmer" means

(i) an individual who earns at least 25 per cent of the individual's gross annual income from farming and from custom agricultural contracting, (EC394-03)

(ii) a corporation that

(A) is registered in this province,

(B) is actively engaged in farming or custom agricultural contacting, and (EC394-03)

(C) earns at least 25 per cent of the corporation's gross annual income from farming and from custom agricultural contracting, or (EC394-03)

(iii) a partnership that

(A) is registered in this province,

(B) is actively engaged in farming or customer agricultural contracting, and (EC394-03)

(C) earns at least 25 per cent of the partnership's gross annual income from farming or custom agricultural contacting (EC394-03);

(n) revoked by EC295/90;

footwear

(n.1) "footwear" does not include cleated sports footwear such as baseball cleats, golf shoes, soccer boots, or bowling shoes, curling boots, ski boots, skates, waders and footwear of a similar nature;

golf fees (n.2) "golf fees" includes charges for golf club memberships and green fees; (EC308/04)

hybrid vehicle (n.3) "hybrid vehicle" means a motor vehicle which, at the time it is first sold at retail, (EC308/04)

(i) has its motive power provided by an electric motor and internal combustion engine, (EC308/04)

(ii) has regenerative braking designed to recover energy released while the vehicle speed is reducing or the vehicle is stopping, and (EC308/04)

(iii) has an energy storage system such as a battery, ultra capacitor or flywheel; (EC308/04)

(o) revoked by EC242/88;

laundry and dry cleaning service

(p) "laundry and dry cleaning service" means washing, cleaning, pressing, dyeing outside the home, of wearing apparel, bed clothing, table linen, window curtains, drapes, awnings, floor covering, slip covers and other similar goods;

member of his family

(p.01) "member of his family" in relation to a person means the father, mother, spouse, common-law spouse, grandfather, grandmother, son, daughter, brother, sister, grandson, granddaughter, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-son or step-daughter of that person; (EC496/01; EC210/07))

newspapers

(p.1) "newspapers" mean publications that are published daily, weekly, monthly, or bi-monthly in a newspaper format where at least 25 per cent of its content is composed of editorials, news, and articles of local or common interest other than advertising, but does not include flyers, inserts, or other promotional materials sold or given away as part of a newspaper;

orthopedic appliances and equipment

(p.2) "orthopedic appliances and equipment" includes footwear when purchased on the prescription of a physician as well as footwear purchased by amputees and polio victims;

outbound high volume telephone service

(p.3) "outbound high volume telephone service" means long distance telecommunication charges to an individual company in excess of 250,000 minutes per year;

parts

(q) "parts"

(i) when used with reference to any article referred to in clauses 12(1)(f) and (f. 1) of the Act, means any items purchased for use as a part in the article,

(ii) when used with reference to any article other than in (i), means parts designed for exclusive use in the article;

(q. 1) revoked by EC295/90;

renewable energy equipment
(q.2) "renewable energy equipment" means

(i) a wind power energy generating system with a name plate rating of 100 kilowatts or less, and includes the goods incorporated into the tower, turbine, turbine blades, transformers, switch gear, capacitors and circuit breakers of such a system, but does not include the electrical cables from the turbine, the distribution cables, any below ground components of the tower or any anchoring system,

(ii) a biogas energy generating system with a name plate rating of 100 kilowatts or less, and includes the generator and valves, the fittings and piping that transport the biogas to the generator, the bladder or cover for the digester, the power converter, control system, transformers, switch gear, capacitors and circuit breakers of the system but does not include manure storage systems, digesters or structures that house any component of the biogas energy generating system,

(iii) a geothermal heat pump energy generating system with a name plate rating of 100 kilowatts or less, and includes the dump well that receives the outflow water from the system, the piping, refrigerant solutions within the closed-loop heat pump system, the heat pump thermostat, and the heat pump (evaporator, compressor, condenser, coils, heat exchanger, valves, fans, blowers) that

(A) hold a rating of “Energy Star Qualified” by Natural Resources Canada or the US Environmental Protection Agency (EPA), and

(B) comply with Canadian Standards Association (CSA) C448 Series-02,

(iv) a solar thermal energy collection system with a name plate rating of 100 kilowatts or less, and includes solar thermal collector panels, pumps, tubing, heat exchanger, duct work, fans, insulated storage tanks and all major components that comply with

(A) the Canadian Standards Association (CSA) F379.1-88 for solar domestic hot water systems intended for year-round use or (CSA) F379.2-M89 for solar domestic hot water systems intended for seasonal use,

(B) Canadian Standards Association (CSA) F383-87, or

(C) Canadian Standards Association (CSA) F378-87 (R2004) for solar air heating systems,

(v) a solar photovoltaic energy collection system with a name plate rating greater than 0.1 kilowatt and equal to or less than 100 kilowatts that

(A) complies with Canadian Standards Association (CSA) C61215-01, and

(B) includes solar photovoltaic collector panels, controllers and devices that convert direct current into alternating current and all major components,

(vi) a drain water heat recovery energy collection device that

(A) conforms to American Society for Testing Materials (ASTM) B306 for the drain pipe design,

(B) complies with American Society for Testing Materials (ASTM) B88 for the tubing design, and

(C) is, in its entirety, approved for use in Canada with potable water consistent with Underwriter’s Laboratories of Canada (ULC) file #MH26850, and;

(vii) an organic (vii) an organic combustion system that

(A) has a name plate rating of 100 kilowatts or less, and

(B) complies with Canadian Standards Association (CSA) B415 or holds a US Environmental Protection Agency (EPA) certification,

and includes the combustion appliance, stoking and fuel delivery system of such appliance, and the blowers and fans attached to the appliance, but does not include the breaching, exhaust or chimney structure of the system or any materials or services necessary to house the system; (EC570/05; 601/06)

repair and installation labour

(r) "repair and installation labour" means the labour expended or used to adjust, apply, clean, install, maintain, remodel, rebuild, repair, recondition and service goods which are taxable under the provisions of the Act, but not including labour expended or used in connection with

(i) the construction, alteration, repair and installation of real property, or

(ii) the repair or reconditioning by vendors of goods for resale by vendors;

residential purposes

(r. 1) "residential purposes" means for the purpose of ordinary occupancy, but not for the purpose of construction offices, bunk houses, wash houses, kitchens and dining units, libraries, television-mobile units, industrial units, laboratory units, medical clinics, and structures of similar nature;

safety clothing and safety footwear

(r. 11) "safety clothing and safety footwear" means safety boots, hard hats, goggles, face-shields, protective clothing and items of similar nature that are required in the workplace for safety protection, but does not include sportswear items such as skates, helmets, shin pads and shoulder pads;

sand

(r.2) "sand" does not include blasting sand;

(s) revoked by EC1014/83;

settler

(t) "settler" means an individual who takes up residence in the province immediately after residing outside the province (EC394-03)

(i) in the case of an individual who is an extrajurisdictional student, for a period of not less than three consecutive months, or (EC394-03)

(ii) in the case of an individual other than an extrajurisdictional student, for a perod of not less than six consecutive months;(EC394-03)

settlers' effects
(t.01) "settlers' effects" means any household goods and equipment, including motor vehicles and boats, that settlers bring into the province on, or within six months of, thaking up residence in the province and that (EC394-03)

(i) are solely for the personal consumption or use of the settlers in the province and not for any commercial purpose, and (EC394-03)

(ii) were owned, physically possessed and used by the settlers for at least 30 days prior to the settlers' taking up residence in the province; (EC394-03)

(t.1) revoked by EC295/90;

silviculturist

(t.2) "silviculturist" means a person whose principal source of gross annual income is from silviculture;

(u) revoked by EC242/88;

(v) revoked by EC242/88;

(w) revoked by EC242/88;

telecommunication services

(x) "telecommunication services" means the charge billed to subscribers for any transmission, emission or reception of signs, signals, writing, images, sound or intelligence of any nature by wire, fibre optic cable, radio, satellite or other electromagnetic or laser based system and includes such services as telephone, cable television, telex and telegraph; (EC576/97)

800 telephone service

(y) "800 telephone service" means long distance telephone communication terminating in the province the charges for which are billed to subscribers in the province;

water and energy conservation devices (z) "water and energy conservation devices" means

(i) low flush toilets rated for 6 litres per flush or less,

(ii) no flow urinals, and

(iii) low flow showerheads and aerators rated for 10 litres per minute or less. (EC210/07)

Valuation of motor vehicles

(2) For the purposes of subclause 1(d)(iii) of the Act

(a) the following trade valuation books are prescribed:

(i) Canadian Red Book (average wholesale value) and

(ii) Canadian Sport Vehicle Blue Book (average resale value);

(b) the following persons are authorized to make a written appraisal of the value of a motor vehicle:

(i) a motor vehicle dealer who has a Class A license under the Dealer's Trade License Regulations (EC317/92),

(ii) an appraiser licensed under the Insurance Act R.S.P.E.I. 1988, Cap. I-4. (EC496/01)

Transfers of motor vehicles between family members

(2.1) For the purpose of subclause 1(d)(iv) of the Act, certain private transfers of motor vehicles between a person and members of his family are those transfers in which

(a) the motor vehicle has not, within the immediately preceding twelve months of the current transfer, been transferred between a person and a member of his family, and tax applied on the purchase price rather than the greater of the purchase price and the value as set out in the Canadian Red Book or Canadian Sport Vehicle Blue Book; and

(b) the tax was paid by the transferor when he acquired the motor vehicle, or the transferor owned the motor vehicle for a minimum of twelve months prior to the date of this transfer. (EC496/01)

Taxable services

(3)   For the purpose of subclause 1(e)(iv) of the Act, the following expressions are defined:

accounting services

(a) "accounting services" means those services that are in the nature of the investigation or audit of accounting records, or the preparation of or reporting on balance sheets, profit and loss amounts, and other similar services including bookkeeping (including payroll preparation and billing), cost accounting, and tax return preparation, but does not include services provided by a person to that person’s employer in the course of employment; (EC687/96)

architectural services

(b) "architectural services" means those services provided by a person conducting the "practice of architecture", as defined in clause 1(p) of the Architects Act R.S.P.E.I. 1988, Cap. A-18.1, but does not include services provided by a person to that person's employer in the course of employment;

consulting services

(c) "consulting services" means those services that are in the nature of advice or opinions provided for fee, gain or reward, other than in the areas of

(i) agriculture,

(ii) day care,

(iii) education,

(iv) financial services (other than accounting services),

(v) fisheries,

(vi) health care,

(vii) human and veterinary medicine,

(viii) insurance,

(ix) pharmaceutical dispensing,

(x) real estate,

(xi) tourism,

but does not include services incidental to the conduct of a trade designated under the Apprenticeship and Trades Qualification Act R.S.P.E.I. 1988, Cap. A-15;

engineering services

(d) "engineering services" means those services provided by a person conducting "professional engineering", or the "practice of engineering", as defined in clause 1(s) of the Engineering Profession Act R.S.P.E.I. 1988, Cap. E-8.1, but does not include services provided by a person to that person's employer in the course of employment;

legal services

(e) "legal services" means those services provided by a person conducting the "practice of law", as defined in clause 1(j) of the Legal Profession Act R.S.P.E.I. 1988, Cap. L-6.1, but does not include

(i) services provided by a person to that person's employer in the course of employment,

(ii) services provided by or through the Legal Aid program administered by the Government of Prince Edward Island.

Crown in right of the province (3.1) For the purposes of section 2 of the Act, "Crown in right of the province" means

(a) any department or division of the public service set out in Schedule A of the Financial Administration Act R.S.P.E.I. 1988, Cap. F-9; and

(b) Tourism PEI, other than Golf Links Prince Edward Island Inc. (EC163/06)

Consumed in the province

(4)   For the purpose of section 4 of the Act the expression "consumed in the province" means

(a) in the case of legal services provided in the province,

(i) consumed by a person who resides, ordinarily resides, or carries on business in the province,

(ii) consumed by a person who does not reside, ordinarily reside, or carry on business in the province, if those legal services relate to any of the following

(A) real property situated in the province,

(B) goods as defined in the Act with the exception of those things described in subclause 1(e)(ii) of the Act,

(C) the ownership, possession or use in the province of property other than that referred to in paragraphs (A) and (B), or the right to use such property in the province,

(D) a court or administrative proceeding in the province or a possible such proceeding,

(E) the incorporation or contemplated incorporation of a company under the Companies Act R.S.P.E.I. 1988, Cap. C-14, the registration or contemplated registration of a partnership under the Partnership Act R.S.P.E.I. 1988, Cap. P-1, or the licensing of a corporation or person under the Licensing Act R.S.P.E.I. 1988, Cap. L-11 or the renewal thereof;

(b) in the case of legal services provided outside the province, consumed by a person who resides, ordinarily resides or carries on business in the province, if those services relate to any of the following:

(i) a matter referred to in paragraphs (a)(ii)(A) to (E),

(ii) a matter that involves the interpretation or application of an enactment as defined in the Interpretation Act R.S.P.E.I. 1988, Cap. I-8 or a former or proposed enactment,

(iii) a matter that involves the interpretation or application of an enactment, or a former or proposed enactment, of a jurisdiction other than the province, if the matter is in relation to

(A) a physical or legal presence in the province or a contemplated such presence,

(B) an activity in the province or a contemplated such activity,

(C) a transaction in the province or a contemplated such transaction,

(D) a matter that involves the analysis or application of any law other than that referred to in subclauses (ii) and (iii), if the matter is in relation to

(i) a physical or legal presence in the province or a contemplated such presence,

(ii) an activity in the province or a contemplated such activity, or

(iii) a transaction in the province or a contemplated such transaction, or

(E) a contract or covenant, or a contemplated contract or covenant, that is in relation to

(i) a physical or legal presence in the province or a contemplated such presence,

(ii) an activity in the province or a contemplated such activity, or

(iii) a transaction in the province or a contemplated such transaction.

(EC262/60; 523/65; 362/68; 370/70; 435/71; 966/74; 560/75; 361/76; 406/76; 136/77; 845/77; 306/80; 390/80; 297/81; eff. May 1/81; 452/81; 1014/83; 121/84; 637/85; 258/87; 369/87; 242/88; 709/88; 232/89; 295/90; 120/92; 162/92; 463/92; 283/93; 408/93; 413/94; 492/94; 334/95; 507/95; 9/96; 576/97; 751/97; 545/98; 208/99; 496/01; 554/02; 394/03; 570/05; 163/06; 601/06; 210/07; 186/08)

Purchase for resale by licensed vendor

2.   When a licensed vendor purchases goods of a class which he resells in the ordinary course of his business and which he alleges are for the purposes of resale, he shall not be required to make a deposit with the seller if he furnishes to the seller the number of his registration certificate, and the seller shall be relieved from receiving the deposit if he notes such number on the invoice and in all other records in connection with the sale. (EC262/60)

Change of address

3. (1)   Where a vendor changes his address or the name or nature of his business he shall forthwith return his registration certificate to the Commissioner for amendment.

Cessation of business

(2)   Where a vendor ceases to carry on a business in respect of which a registration certificate has been issued the certificate shall thereupon be void and he shall return the same to the Commissioner within fifteen days of the day of discontinuance.

Lost certificate

(3)   When the registration certificate of a vendor is lost or destroyed he shall immediately apply to the Commissioner for a copy of the original. (EC262/60)

Sections 4 to 9 revoked by EC390/91.

Deposit of bond

10. (1)   The Minister may require any vendor to deposit a bond by way of cash or other security satisfactory to the Minister in an amount to be determined by the Minister but not greater than an amount equal to six times the amount of the estimated tax that would normally be collected by the vendor each month under this Act, but in no case shall the deposit be less than one hundred dollars.

Application of bond where tax unpaid

(2)   Where a vendor who has deposited a bond with the Minister under subsection (1) has failed to collect or remit tax in accordance with this Act, the Minister may, by giving written notice to the vendor by registered mail or personal service, apply the bond in whole or in part to the amount that should have been collected, remitted or paid by the vendor as the amount due to Her Majesty in right of Prince Edward Island as of the date of notice.

Deposit or bond by non-resident contractor

(3)   Where a non-resident contractor enters into a contract with a person, pursuant to which or in the carrying out of which goods will be consumed or used in Prince Edward Island, the non-resident contractor on demand shall deposit with the Minister a sum equivalent to five per cent of the total amount to be paid under the contract, or shall furnish the Minister with a guarantee bond satisfactory to the Minister in a sum equivalent to five per cent of such total amount, to secure payment of the tax payable in respect of goods consumed or used pursuant to or in the carrying out of the contract and shall obtain a certificate in duplicate from the Minister that the requirements of this subsection have been met or waived, as the case may be.

Deduction from payments due non-resident contractor

(4)   Any person dealing with a non-resident contractor without first obtaining the duplicate copy of the certificate or waiver from the Minister as required in subsection (3) shall deduct five per cent of all amounts payable to the non-resident contractor and pay it over to the Minister on behalf of or as agent for the non-resident contractor, or shall furnish the Minister with a guarantee bond satisfactory to the Minister in a sum equivalent to five per cent of such total amount, to secure payment of the tax payable in respect of goods consumed or used pursuant to or in the carrying out of the contract.

Personal liability

(5)   Where a person dealing with a non-resident contractor fails to comply with subsection (4), he is personally liable for payment of the tax imposed by this Act in respect of goods consumed or used pursuant to or in the carrying, out of the contract. (EC435/71; 980/81; 121/84; 484/86; 639/93)

Cancellation of vendor's certificate

11.   Revoked by EC390/91.

Rebate for charitable organizations

12. (1)   The Minister may authorize a rebate of the tax to a purchaser where that person purchases goods which enter into capital investment by religious, charitable or benevolent organizations subject to the following limitations:

(a) organizations must be registered under the Income Tax Act (Canada) and hold a registration number issued by the Department of National Revenue;

(b) for the purpose of clause (a), rebates will be authorized on

(i) purchases by a religious organization, welfare services bureau, Canadian Red Cross Society, and organizations created for the improvement of public health which provide free preventive health services, funds for research or benevolent services to the chronically ill,

(ii) the purchase of equipment by a hospital,

(iii) the purchase of equipment by a person for donation to a hospital,

(iv) the purchase of goods of a major type such as furniture, cars and goods of similar nature purchased by a person for donation to and sole use of a religious organization;

(c) except for goods outlined in subclauses (b)(iii) and (iv), rebates will not be authorized to service clubs, recreational associations, non-profit community groups, associations, and organizations of similar nature, even though they meet the requirements outlined in clause (a);

(d) real property contracts where tax has been paid by the contractor will be rebated to organizations outlined in subclause (b)(i) based on four per cent of the total contract price.

Application

(2)   An application for rebate shall be made in writing, setting forth such information as the Minister may deem necessary.

Minister's discretion

(3)   The Minister may, when in his opinion great inconvenience or hardship may result, relax the strictness of this Act relative to the incidence or collection of the tax thereunder.

Furniture for senior citizens' club

(4)   The Minister may authorize a refund of the tax paid by a senior citizen's club on certain furniture and fixtures along with goods which enter directly into or become part of real property subject to the senior citizen's club being registered with the Prince Edward Island Senior Citizens' Federation.

Materials for energy saving systems

(5) Revoked by EC242/88.

Silviculture supplies

(6)   The Minister may authorize a refund of the tax paid by a silviculturist on the purchase of the following goods:

- A -

alarm systems that monitor temperature and humidity levels where their use is required to prevent death of or damage to seedlings, plants, trees or shrubs

altimeters used to measure tree heights

augers--post hole, tree

axes

- B -

baler machines and twine--trees

batteries specially designed for farm tractors, tree harvesters, skidders and similar wood harvesting equipment

brush saws

buckets--rubber, metal and plastic

buckets, blades and rear blades or front-end loaders designed and marketed specially for use on farm tractors

- C -

calcium chloride installed in farm tractor tires

calipers used to measure tree diameters

cans for maple syrup

cant hooks

carriers used within the confines of a greenhouse

chains--logging and boom

chains--tire for farm tractors

chain saws

climatometers

containers for use in processing, shipping or delivering maple products, plants, trees, shrubs

control equipment and distribution pipes for CO₂ fertilizer

cultivators

- D -

debarkers

delimbers

diameter tape used to measure tree diameters

disinfectants

draft horses

drainage tile for cultivated land drainage

dusters and sprayers

- E -

ear protectors--safety

evaporation pans

evaporators

extractors

- F -

face masks--safety

fencing tools

ferrules

fertilizer applicators and tanks

files for saw sharpening and related devices

filters--processing

fittings for wire rope and cable used in woods operations

fogging machines

forklift attachments designed and marketed specially for attachment to farm tractors

forwarders--wood, tree

- G -

gardening tools used in the production of crops for re-sale

greenhouse pots and flats

grooming brushes

- H -

harness

harrows and tillers

harvesters--wood and tree

heating systems in greenhouses

hoes

horseshoes

humidifiers and dehumidifiers in greenhouses

humidistats in greenhouses

hydrometers

- I -

increment borers used to determine the age of trees

insecticides and concentrates

irrigation systems, including power units if they are an integral part of the pumps, tubing, sprinklers and fittings

- L -

labels for containers used in processing, shipping or delivering products

land packers

limbing tools

lime bulk boxes

lime spreaders

line rigging used in woods operations

liquid fertilizer dilutors, injectors and valves

logging arches

- M -

mistblowers

moisture control equipment

mowing machines

mulch--plastic, fabric or organic

- N -

nozzles--hose

- P -

pails--metal, plastic or rubber

pails--sap

peavies, picaroons, pike hooks and poles

pesticides

plant growth regulants

planting tools and trays

plastic film with ultra-violet barrier

plastic netting for baling trees

plastic tubing used in maple sugar production

plows, except those designed for bull-dozing or snow removal

porters--wood and tree

potting machines

power tappers

processors-- wood and tree

protective clothing and devices used in the distribution of control chemicals

pruning and limbing tools

pulp hooks

- R -

rakes

repair labour (service) to any goods listed in this schedule

rock pickers

rotivators

- S -

saw sharpening devices

scaling equipment, including sticks, tapes and measuring devices

scarification and soil equipment for land preparation

scoots

scythes and blades for scythes

seeders and planters

shears

shovels

skidders

skidder cables and chokers

skidding cones

slashers

sleds and trailers used to move logs from stump to skidway in the woods

sockets for wire rope and cable used in woods operations

sod plows

soil mining machinery used by greenhouse operators

soil pasteurizers

spiles

sprayers and spreaders

sprinkler systems for greenhouses

strainers for maple products

sulkies and other similar wood forwarding equipment

- T -

taps--sap

thermostats and temperature control panels for greenhouse

tillers--garden-type

tire chains for off-road forestry harvesting equipment

tractors--wheeled farm-type with at least 25 horsepower

transplanting machines

tree farmers

tree harvesters

tree harvester and skidder attachment

- V -

ventilation equipment for greenhouses

- W -

water heaters--portable immersion

water warmers

waterers and automatic shut-offs

watering equipment for field irrigation

watering equipment and programmers used in greenhouses

weed burners

wheelbarrows

wheeled hoes

winching equipment

wire rope and cable used in woods operations

wood chippers

wood drying equipment

wood splitters

wrappers for seedlings and maple products

- Y -

yankie yarders

Aquaculture supplies

(7)   Revoked EC751/97.

Refund; part-time farmer, commercial fisherman, aquaculturist

(8) The Minister may refund the tax paid on the purchase of goods by a farmer while a part-time farmer, a commercial fisherman, or an aquaculturist where

(a) application in writing is made by the person seeking the refund;

(b) receipts or other documentation verifying purchases by the person are presented;

(c) the goods were exempt to a farmer, commercial fisherman, or aquaculturist at the time of purchase;

(d) the goods were purchased within five years of the date of application;

(e) evidence is submitted that would support the person being considered a part-time farmer, a commercial fisherman, or an aquaculturist during the period covered by the application. (EC208/99)

"part-time farmer" defined

(9) In this section "part-time farmer" means an individual, or a partnership or corporation registered in the province, that is

(a) actively engaged in a farming operation, or a custom agricultural contracting operation; and

(b) reporting income from

(i) the sale of products from the farming operation, or

(ii) the custom agricultural contracting operation. (EC394-03)

Aquaculture equipment, refund (9.1) The Minister may refund the tax paid by an aquaculturist in possession of a valid Revenue Tax Exemption Permit on the purchase of goods where

(a) the goods purchased are of the following types:

(i) an all-terrain vehicle (4X4 with a minimum 400cc engine displacement).

(ii) a fork lift,

(iii) a front end loader,

(iv) a snowblower or snowplow for attachment to exempt equipment,

(v) a tractor (compact utility class or higher);

(b) application is made in writing by the aquaculturist seeking the refund;

(c) original invoices, receipts and other documentation verifying purchases by the aquaculturist are presented;

(d) the goods were purchased within four years of the date of application, and

(e) evidence is submitted, satisfactory to the Minister, that the goods purchased have been used exclusively in the practice of aquaculture and not in any other commercial operation. (EC2003-432)

Farm equipment refund (9.01) The Minister may refund the tax paid by a farmer in posession of a valid Revenue Tax Exemption Permit on the purchase of goods where

(a) the goods purchased are of the following types:

(i) an all-terrain vehicle (4X4 with a minimum 400cc engine displacement).

(ii) a snowblower or snowplow for attachment to exempt equipment,

(b) application is made in writing by the farmer seeking the refund;

(c) original invoices, receipts and other documentation verifying purchases by the farmer are presented;

(d) the goods were purchased within four years of the date of application, and

(e) evidence is submitted, satisfactory to the Minister, that the goods purchased have been used exclusively in a farming operation and not in any other commercial operation. (EC2003-432)

Wood-chip system

(10) The Minister may refund the tax paid on goods incorporated into a commercial wood-chip combustion system.

Refund

(11)   Where the tax has been paid by a contractor on goods incorporated into a commercial wood-chip combustion system, the Minister shall refund to the purchaser 4 per cent of the contract price in respect of the work performed.

Community pasture organization, refund (12) The Minister may refund the tax paid on goods purchased by a community pasture organization for its own use if the goods wood be exempt, or if the tax paid on them would be refundable, under these regulations if purchased or paid by a farmer. (EC394-03)

Liquid asphalt rebate (13) The Minister may authorize a rebate to the Crown of the tax paid on liquid asphalt by asphalt contractors and included in the contract price billed to the Crown for the supply and installation of asphaltic concrete.

AVC Inc. refund (14) The Minister may refund the tax paid on goods purchased by AVC Inc. for its own use if the goods would be exempt, or if the tax paid on them would be refundable, under these regulations if purchased or paid by a farmer or aquaculturist. (EC262/60; 747/71; 966/74; 361/76; 258/87; 693/87; 242/88; 131/89; 120/92; 751/97; 208/99; 532/03; EC530-03)

Elite Seed Farm refund (15) The Minister may refund the tax paid on goods purchased by the Elite Seed Farm for its own use if the goods would be exempt, or if the tax paid on the goods would be refundable, under these regulations if purchased or paid by a farmer. (EC721-03)

Refund (16) The Minister may refund the tax paid, to a maximum of $3,000, on the purchase or lease for a minimum of 12 months of a hybrid vehicle by a consumer where (EC308/04)

(a) an application is made in writing by the person seeking the refund; (EC308/04)

(b) receipts or other documentation verifying payment of the tax by the person are presented; and (EC308/04)

(c) the hybrid vehicle was purchased after March 30, 2004 and within four years of the date of application. (EC308/04)

Refund to newly married couple

13.   Revoked by EC302/93.

Revenue Tax Exemption Permit 13.1 (1) The Minister may issue a Revenue Tax Exemption Permit to a farmer, commercial fisherman or aquaculturist who makes application in a form approved by the Minister. (EC394-03)

Form (2) A Revenue Tax Exemption Permit shall be in a form approved by the Minister. (EC394-03)

Term of permit (3) The term of a permit issued under subsection (1) shall be specified on the permit. (EC394-03)

Not transferable (4) A Revenue Tax Exemption Permit is not transferable. (EC394-03)

Present permit

14. (1) Where a farmer, commercial fisherman or or aquaculturist purchases goods that are exempt from tax when purchased for use in their respective industries, the farmer, commercial fisherman or aquaculturist shall not be required to pay the tax otherwise levied under the Act if the farmer, commercial fisherman or aquaculturist presents to the vendor a valid Revenue Tax Exemption Permit issued under section 13.1 in the name of the farmer, commercial fisherman or aquaculturist. (EC394-03)

Recording permit number
(2) The vendor shall be relieved from collecting the tax if he records such permit number and the purchaser's name on the invoice or bill of sale.

Rebate - taxes deemed to have been paid 14.1 Where a consumer

(a) applies, in accordance with section 261.4 of the Excise Tax Act, for a rebate pursuant to section 261.1 of that Act of the provincial component of the harmonized sales tax paid on a purchase of goods in another province for consumption in this province; and

(b) executes and provides the Minister with a power of attorney, in a form satisfactory to the Minister, authorizing the Minister to act as the consumer’s representative for purposes of the application for the rebate,

then, for the purpose of that application only, any tax payable under this Act by the consumer, equal to the amount of the rebate, is deemed to have been paid.

Liability to pay tax (2) Nothing in subsection (1) shall be interpreted to affect or limit in any way a consumer’s liability to pay all or part of any tax payable under the Act by the consumer in the event that the application made by the Minister on behalf of the consumer for a rebate is rejected in part or in full by the Canada Revenue Agency. (EC966/74; 507/95 329/99; 394/03; 595/07)

Exemption

15.   Revoked by EC390/80.

Exemption for certain goods used by municipality

16. (1)   The following goods shall be exempt from taxation when purchased by a municipality for own use and not for resale:

(a) culverts;

(b) equipment designed for use exclusively for street or road making maintenance and cleaning, and parts thereof, but not including automobiles, police patrol wagons, motorcycles or ordinary trucks;

(c) equipment used exclusively for fire fighting and rescue including fire and rescue trucks and parts thereof;

(d) goods, other than engineering services, for use as part of a sewerage, drainage or water system, and for the purpose of this exemption, any agency operating a sewerage, drainage or water system for or on behalf of a municipality, may be declared exempt by the Minister from the payment of the tax;

(e) structural steel, timber and aluminum for bridges;

(f) liquid asphalt and asphaltic and ready-mix concrete.

Exemption

(2)   The exemption set out in clause (1)(c) also applies to an Airport Authority, a Port and Harbour Authority recognized by the Minister, and a fire company incorporated under the Rural Community Fire Companies Act R.S.P.E.I. 1988, Cap. R-16. (EC71/00)

Rebate on tax paid by contractor

(3)   Where the tax has been paid by a contractor on goods incorporated into a sewerage, drainage or water system operated by a municipality or by municipal agency, the Minister shall refund to the municipality or agency 4% of the contract price in respect of the work performed. (EC828/84; 303/86; 693/87; 413/88; 507/95 71/00)

Refund of tax on vehicle taken out of province

17.   Where a vehicle registered or required to be registered under the Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5 is sold within the province and the vehicle is subsequently taken out of the province within thirty days of the date of such sale, and is to be used solely outside the province, then the tax collected at the time of sale may be refunded by the Minister on receipt of evidence that the tax has been paid in another jurisdiction. (EC427/74; 1014/83)

Secrecy

18.   Revoked by EC258/87.

19.   Revoked by EC390/91.

Wholly owns
20. (1)   In this section "wholly owns" in relation to a corporation, means having the beneficial ownership of not less than 95 per cent of the total issued and outstanding, share capital of the corporation, exclusive of directors' qualifying shares in the hands of a person or of a person and members of his family.

Application of section

(2) This section does not apply to a transfer of goods if any tax imposed by the Act on any purchaser who acquired the goods in any prior transfer or purchase has not been paid.

Purchase by corporation from owner of corporation

(3)   No tax is payable by a corporation on its purchase of goods from a person who wholly owns, either directly or through another wholly-owned corporation, the purchasing corporation.

Purchase by person from corporation he owns

(4)   No tax is payable by a person on the purchase of goods from a corporation that he wholly owns, either directly or through another wholly-owned corporation.

Purchase by corporation from affiliate

(5)   No tax is payable by a corporation on its purchase of goods from another corporation if both the selling and purchasing corporations are wholly owned by the same person, either directly or through another wholly-owned corporation.

Part ownership of corporation

(6)   No tax is payable by a person who purchases goods from a corporation he does not wholly own on that proportion of the actual value of the goods equal to the proportion of the shares owned by the purchaser of the total issued and outstanding share capital of the corporation.

Receipt of shares as part of consideration for purchase

(7)   Where

(a) a corporation purchases goods from a person who does not wholly own the corporation; and

(b) shares in the purchasing corporation are issued to that person as part of the consideration

no tax is payable on that proportion of the actual value of the goods which is equal to the actual value of the shares issued if the shares are retained by the person for a period of not less than six months after the purchase.

Where shares deemed to be retained

(8)   For the purposes of subsection (7), a person shall be deemed to retain the shares if

(a) he transfers them for no consideration to a member of his family who retains them until six months after the purchase referred to in subsection (7); or

(b) he transfers them to a corporation and receives new shares of that corporation having an actual value at least equal to the value of the transferred shares and retains the new shares until six months after the purchase referred to in subsection (7). (EC709/88)

Sections 21 to 23 revoked by EC390/91.

Agricultural goods

24. Revoked by EC283/93.

Farm machinery and equipment

25. For the purpose of clause 12(1)(f) of the Act, "machinery and equipment including parts therefor" means the following goods when purchased by a farmer for farm use and not for any other commercial operation:

- A -

alarm systems that monitor temperature and humidity levels, if used to prevent death or damage to livestock or crops

apiary equipment

artificial insemination equipment

auxiliary power generators

axes

- B -

bale elevators and loaders

bale shredders, grapples and spears

barn and stable cleaning equipment

bees

blacksmith tools

buckets and pails

bulk boxes specifically designed to haul farm products, fertilizer or pesticides and attached to farm wagons or trailers not registered for highway use or to a motor vehicle that is registered as a "farm truck" under the Highway Traffic Act Farm Truck Registration Regulations (EC356/74)

- C -

calcium chloride for farm tractor tires

carcass incinerators

chain saws and buck saws

chains for farm tractor tire

chemical application equipment, either self-propelled or for attachment to farm tractors,

containers used to process, ship or deliver farm products, but not including containers mounted on trucks or trailers,

crop handling equipment

crop harvesting equipment, either self-propelled or for attachment to farm tractors

crop nutrients

crop planting equipment, either self-propelled or for attachment to farm tractors

crop protectors

- D -

dump boxes, attached to farm wagons or trailers not registered for highway use or to a motor vehicle that is registered as a "farm truck" under the Highway Traffic Act Farm Truck Registration Regulations

- E -

egg handling and grading equipment

electric motors for use on farm machinery

electronic controls and GPS systems for farm machinery

equipment used to skin, flesh and preserve animal pelts

equipment used to ventilate, dry, humidify, refrigerate or aerate farm products

- F -

farm trailers not required to be registered under the Highway Traffic Act

farm wagons not required to be registered under the Highway Traffic Act

fencing equipment

fertilizer and lime application equipment, for attachment to farm tractors

flat beds attached to farm wagons or trailers not registered for highway use or to a motor vehicle that is registered as a "farm truck" under the Highway Traffic Act Farm Truck Registration Regulations

fork lifts, either self-propelled or for attachment to farm tractors

forks

fox tongs

front end loaders, either self-propelled or for attachment to farm tractors

- G -

grease

greenhouse glass cleaning equipment

greenhouse material handling equipment

greenhouse thermostats and humidistats

greenhouse watering systems

- H -

hay and forage crop harvesting equipment, either self-propelled or for attachment to farm tractors

heaters (salamanders)

heat systems for incubation or farrowing crates

hoes

horse harness and hardware

horseshoes

hydrometers

- I -

incubation equipment and supplies

- L -

livestock

labels for packaging of farm products for sale

ladders designed for fruit picking

land drainage tile

land irrigation systems

land tillage and cultivating equipment, for attachment to farm tractors

light bulbs

Tough skin bulbs or Teflon coated bulbs

HID Lamps

HPS or LPS (high or low pressure sodium)

MH (metal halide or multi vapor)

MV (mercury vapor)

Infrared heat lamps

Plant grow lamps

lightning rods

livestock

livestock bedding materials

livestock feed and feed additives

livestock feeding equipment, systems and controls

livestock grooming and cleaning equipment

livestock handling equipment

livestock health maintenance and monitoring equipment

livestock identification equipment

livestock protective equipment

livestock watering equipment

- M -

manure handling equipment

manure spreaders

milking and milk storage equipment

mulch

- O -

oil

- P -

parts designed for any goods listed in this schedule

plants

potting machine

prefabricated or portable storage bins

protective clothing and devices used in the distribution of controlled chemicals

pruning clippers and shears

- R -

rakes

removable pens, crates, stalls and flooring for livestock

repair labor to serve any goods referred to in this section

rock pickers

rope

- S -

scales and weight tapes

seed treaters

seeds

shovels

silo unloaders

skid steer loaders and fork lifts

soil additives and pasteurizers

sub soilers

- T -

tarpaulins

tow cable

tractors (compact utility class or greater)

two-way radio equipment for use on farm machinery

- V -

ventilation equipment for farm buildings

veterinary services and supplies

- W -

weed and stubble burners

welding supplies

wheelbarrows

wool cards (EC2003-432)

Baby goods

26. For the purpose of clause 12(1)(b.1) of the Act, the following baby goods are exempt from tax:

bibs

blankets

bottles

diapers (non-disposable)

harness

mattresses

mobiles

nipples

oil

pillows

powder

rattles

sheets

soothers

teethers (EC258/87; 215/91; 120/92)

Heat conservation equipment

27.   Revoked by EC242/88.

Commercial fishing and apparatus

28. For the purpose of clause 12(1)(f.1) of the Act, "boats, fishing nets and other apparatus, including parts therefor " means the following goods when purchased by a fisherman for commercial fishery use and not for any other commercial operation:

- A -

aluminum pen boards and stanchions

anchors, mooring, trap and trawl

anti-fouling compound

aprons

- B -

bait

bait freezers

barometers

batteries for boats

bilge pumps

binnacles

bluestone

boat bailers

boats (fishing), dinghies, dories, skiffs and scows

buoys, floats and markers

burlap net covers

- C -

cables

chafing gear or hides

chains

charts, tide and navigation

chocks

cleaning tools including brushes, mops and brooms

clocks for boats

connectors

counters, tallying

crates, scale baskets and stowage and storage baskets

- D -

depth sounders

dipnets

direction finders

dye (for nets and traps)

- E -

electric light bulbs for use on boats (6, 12, and 32 volts)

electric motors for operating pumps and equipment

engine room telegraph

engines for boats

- F -

fast eye blocks

fenders

fish bugs, hooks, jigs, lines, lures and sinkers

fish storage tanks

fishing nets and netting

floats for nets

fog bells and horns

forks

- G -

gaffs

galley stoves and ranges

galvanized steering blocks

gas tanks for boats

gloves

GPS equipment

grub hoes

gurdies

- H -

hatch covers

hoists on boats

hydraulic pumps, motors, fittings, hoses and valves

hydraulic steerers and auto pilots

- I -

ice-making machines

- K -

knives--splitting, skinning, filleting, gutting and shucking and other such equipment

- L -

lamps for use on boats

lobster measures, plugs and rubber bands

lobster traps

loose hook blocks

- M -

marine paint

marine refrigerators

marine stoves and furnaces

marine toilets and sinks

measuring boards

mending twine for nets

moss rakes

motors, inboard and outboard, for fishing boats

- N -

navigation and port lights

needles for netting

net moorings and winches

nets

netting leads

- O -

oars

otter chains, discs, lifters, rollers and spacers

otter combination rope

otter trawl doors and floats

otter trawl leather, nets

oyster harrows, rakes, scoops, scythes, spreaders, threshers and tongs

- P -

pails

parts for any goods listed in this section

power blocks

preservatives for nets and lines

propellers

pumps for boats

- Q -

quadrants

- R -

radar equipment

radio telephones for fishing boats

refrigeration equipment for fishing boats

repair labour to service on any goods listed in this schedule

resin and fiberglass matting

rope

row locks

rubber clothing and footwear

- S -

sails for fishing boats

scallop bags and ties

seam paint and filler

shackles

shovels

signal bells

snatch blocks

stays

survival suits

- T -

tarpaulins

tide tables

trap dumpers, haulers and lifters

trolling bells, blocks, springs and swivels

turnbuckle

- V -

ventilators

- W -

washdown pumps for boats

weigh scales

wet suits

winches and pulleys on boats

wire cable (EC427/03)

Aquaculture supplies

28.1   For the purpose of clause 12(1)(f.1) of the Act, the following goods are exempt from tax when purchased by an aquaculturist for use in the practice of aquaculture and not in any other commercial operation:

- A -

aerators

alarms and monitoring equipment

anesthetics, antibiotics, disinfectants, medicines, pharmaceuticals and vaccines for aquatic species

anchors for mooring of boats, cages and lines

anti-fouling compounds

aprons

augers for harvesting through ice

axes for harvesting through ice

- B -

baler twine (to reinforce mussel sock)

barometers

batteries for boats

bilge pumps

binnacles

boat bailers

boats (fishing), dinghies, dories, skiffs and scows

bungie cord

buoys, floats and markers

- C -

cables

cages and tanks

cement troughs for dipping oyster collectors

chain saws (minimum 70cc with 2 foot bar)

chains

charts, tide and navigation

cleaning tools including brushes, mops and brooms

clocks for boats

collector supports, including stands, flotation devices and long lines

connectors

conveyors

counters, tallying

crates, scale baskets and stowage and storage boxes

- D -

depth sounders

dimmers to control lighting

dipnets

dissolved oxygen metres

- E -

electric light bulbs for use on boats (6, 12 and 32 volts)

electric motors for operating pumps and equipment

engines for boats

escalators

- F -

fan belts designed for machinery and equipment used by aquaculturists

fans for hatchery ventilation

feed storage boxes and bins

feeders

fenders

fish eggs

fish feed

fish feed additives

fish feed mixers and grinders

fish grading equipment

fish tags and tagging devices

fishing nets and netting

floats for nets

fog horns and bells

freezers for quick freezing, except cold storage units

- G -

gaffs

gas tanks for boats

gear boxes for operating pumps and equipment

generators, auxiliary

GPS equipment

- H -

hatch covers

heaters (salamander)

hoists for feed and fish handling

hydraulic pumps, motors, fittings, hoses and valves

hydrometers, PH metres, temperature and salinity metres and thermometers

- I -

ice-making machines

incubators

- K -

knives, splitting, skinning, filleting, gutting and shucking and other such equipment

- L -

lamps for use on boats

lifting devices

lime (bluestone) used to kill starfish

live fish

live spat

loose hook blocks

- M -

marine paints

marine refrigerators

marine stoves and furnaces

marine toilets and sinks

measuring boards

medicine for aquatic species

mending twine for nets

microscopes and laboratory glassware

motors, inboard and outboard, for fishing boats

mussel de-clumping, debasing, washing and grading equipment

- N -

needles for netting

netting for cages and pens

- O -

oars

oxygen generating equipment

oyster harrows, rakes, scoops, scythes, spreaders, threshers and tongs

- P -

pails

parts of any goods referred to in this section

plastic locking zip ties

plastic stockings, mesh bags and Japanese lanterns

pre-manufactured fish feeders

pre-manufactured fish tanks having a minimum volume of one cubic metre

preservatives for nets and lines

propellers

pumps for boats

- Q -

quadrants

- R -

radar equipment

radio telephones for fishing boats

refrigeration equipment for the preservation of fish food and fish before delivery to the buyer

repair labour to service any goods referred to in this section

resin and fibreglass matting

rope

row locks

rubber clothing and footware

- S -

scoops

seam paint and filler

shackles

shot, teleshot, scare cannons for searing sea ducks

shovels

signal bells

sinkers for mussel socks

sleds used in harvesting aquaculture products

smokers

socking materials

spat collectors and Chinese hats

stainless steel hog rings

starter's pistols for scaring birds

stocking-stuffer tables

survival suits

- T -

tarpaulins

temperature chart recorders

timers to control lighting

towing devices and hitches attached to exempt vehicles

trailers and wagons used to transport aquacultural products or equipment to and from aquaculture beds or fish farms and not required to be licensed

turnbuckles

- V -

ventilating systems for processing plants and warehouses

vexar material for oyster socking

- W -

wash down pumps for boats

water and soil analysers

water circulation systems including pumps, pipes, valves, filters and fittings

water heaters

water testing equipment

water treatment chemicals

weigh scales

wet suits

winches and pulleys not attached to vehicles required to be registered under the Highway Traffic Act

wire cable (EC432/03)

Household supplies

29. Revoked by EC294/90.

First aid supplies

30. Revoked by EC294/90.

Medicaments

31. Revoked by EC215/91.

Parts for stoves, etc.

32. Revoked by EC242/88.

Personal hygiene

33. Revoked by EC294/90.

Paper goods

34. Revoked by EC294/90.

Excise Tax items

35. For the purpose of clause 12(1)(i) of the Act, machinery, apparatus and parts therefor means those items prescribed as at December 31, 1990, in Part XIII of Schedule III of the Excise Tax Act (Canada) R.S.C. 1985, Chap. E-15. (EC258/87; 307/87; 813/90; 355/96)

Idem

36. For the purpose of clause 12(1)(j.1) of the Act, consumable means those items which are prescribed as at December 31, 1990, in Part XIII of Schedule III of the Excise Tax Act. (EC258/87; 813/90)

Goods imported for temporary use

37. (1) Where a person brings into the province taxable goods, and it is established to the satisfaction of the Commissioner that the goods have been brought into the province for temporary use or consumption only, that person shall pay to the Minister 1/36 of the tax payable in respect of such Goods by the twentieth day of the month following the month they are brought into the province and 1/36 of that tax by the twentieth day of each succeeding month, during all or part of which the goods remain in the province, until the whole of the tax has been paid.

Interpretation

(2)   For the purposes of subsection (1), the following rules of interpretation apply:

(a) three years and under is considered temporary use;

(b) equipment is not taxed if it is in the province for less than 12 consecutive days;

(c) tax applies on the full rental charge for leased equipment;

(d) twelve consecutive days or more are considered to be one month. (EC258/87)

Assessments, back taxes

38. Revoked by EC394-03.

Diplomatic and consular exemptions

39. Where international agreements provide that certain diplomats are not subject to foreign taxes during their service in a foreign country, those persons serving in or employed by a diplomatic or consular mission, high commissioner or trade commission, their spouse and families, as authorized by the Department of External Affairs, Canada, are exempt from tax under this Act with respect to purchases made for their own consumption. (EC258/87)

Entertainment device

40. (1) In this section "entertainment device" means an apparatus, machine, contrivance or other device operated for gain the purpose of which is to provide amusement or recreation for the public and which provides no valuable reward to the player other than the opportunity to replay the device and does not include a video lottery device as defined in the Video Lottery Scheme Regulations made under the Lotteries Commission Act R.S.P.E.I. 1988, Cap. L-17.

License

(2) The owner of an entertainment device shall, before the entertainment device is installed at a location to which the public, or some of them, have access, apply to the Minister for an entertainment device license on a form provided by the Minister.

Fee
3)   Subject to subsection (3.1), the annual license fee for an entertainment device is $200 in respect of each device. (EC329/99; 365/07; 467/07)

Fee, kiddie rides

(3.1)   The annual license fee for each entertainment device that is a coin-operated kiddie ride designed for children eight years of age and under is $50 in respect of each ride. (EC329/99)

Refusal

(4) The Minister may refuse to issue a license with respect to an entertainment device that the Minister believes, given the characteristics of the amusement device or any other information, is not, or may not be, used only for the purpose of providing amusement or recreation.

Display of license

(5) The holder of an entertainment device license shall affix that license to the front upper right hand corner of the entertainment device in respect of which the license is issued.

Offence

(6) Any person who operates an entertainment device for gain without holding a license under this section is guilty of an offence and liable to the penalty set out in section 21 of the Revenue Administration Act R.S.P.E.I. Cap. R-13.2.

Cancellation

(7) The Minister may cancel a license issued under this section where he has reasonable cause to believe that a license has been improperly issued in respect of any entertainment device.

Seizure

(8) The Minister or an inspector may, without warrant, seize and detain any entertainment device required to be licensed under this section that is unlicensed or that he has reasonable grounds to believe is being operated for a purpose other than that of providing amusement or recreation.

Disposition

(9) Any entertainment device seized under subsection (8) shall be disposed of in such manner as the Minister may determine. (EC372/91; 434/91; 209/94; 329/99; 365/07; 467/07)

Owner responsibility to remit tax

41.   In relation to places of entertainment, the owner thereof is responsible for the collection of admission charges and the remission to the Minister of the tax imposed thereon. (EC242/88)

Reciprocal agreement

42.    For the purpose of clause 4.3(k) of the Act, the International Registration Plan is a prescribed reciprocal agreement. (EC496/01)

Payment of prorate tax to vehicle licensing authority

43. For the purpose of subsection 4.5(2) of the Act, a person who is required to pay the prorate tax shall pay the prorate tax to the vehicle licensing authority in the jurisdiction in which the interjurisdictional vehicle is licensed. (EC496/01)

Refund or credit on transfer between interjurisdictional fleets

44. (1) The amount of the refund or credit authorized to be provided pursuant to clause 4.8(1)(b) of the Act is the amount determined by the formula

PT x M / Y

where

PT

is the prorate tax paid for the last vehicle license period of the interjurisdictional vehicle referred to in subsection 4.8(1) of the Act while it was part of the old fleet (which, for this section, has the same meaning given it for the purpose of section 4.8 of the Act);

M

is the number of whole calendar months remaining in that last vehicle licence period on the date of transfer to the different fleet; and

Y

is the number of whole or partial calendar months in that last vehicle licence period.

(EC496-01)

Number of whole or partial calendar months

(2) For the purpose of subsection (1), the number of whole calendar months remaining, and the number of whole or partial calendar months, in the last vehicle licence period shall be determined as if the interjurisdictional vehicle was not transferred to the different fleet. (EC496/01)

Refund or credit on cessation of use for interjurisdictional commercial purpose

45. (1) The amount of the refund or credit authorized to be provided pursuant to clause 4.8(2)(b) of the Act is the lessor of:

(a) the tax paid pursuant to clause 4.8(2)(a) and section 4 of the Act in respect of the interjurisdictional vehicle referred to in subsection 4.8(2); and

(b) the amount determined by the formula

PT x M / Y

where

PT is the prorate tax paid for the last vehicle license period of the interjurisdictional vehicle before it was licensed for use solely within Prince Edward Island;

M

is the number of whole calendar months remaining in that last vehicle licence period on the date the interjurisdictional vehicle was licensed for use solely within Prince Edward Island; and

Y

is the number of whole or partial calendar months in that last vehicle licence period.

(EC162/06)

Refund or credit on cessation of registration as part of the fleet (2) The amount of the refund or credit authorized to be provided pursuant to subsection 4.8(2.1) of the Act is the amount determined by the formula

PT x M / Y

where

PT is the prorate tax paid for the last vehicle license period of the interjurisdictional vehicle before it ceases to be registered as part of a fleet;

M

is the number of whole calendar months remaining in that last vehicle licence period on the date the interjurisdictional vehicle ceases to be registered as part of a fleet; and

Y

is the number of whole or partial calendar months in that last vehicle licence period.

(EC162/06)

Number of whole or partial calendar months

(3) For the purpose of subsections (1) or (2), the number of whole calendar months remaining, and the number of whole or partial calendar months, in the last vehicle license period shall be determined as if the interjurisdictional vehicle was not licensed for use solely within Prince Edward Island or ceased to be registered as part of a fleet. (EC496/01; 162/06)

Refund or credit on transfer to interjurisdictional fleet

46. (1) The amount of the refund or credit authorized to be provided pursuant to subsection 4.8(4) of the Act for each vehicle license period that begins within five years after the acquisition date of the interjurisdictional vehicle referred to in subsection 4.8(4) of the Act is the amount determined by the formula

TV x CR x DR x T

where

TV is the vehicle taxable value of the interjurisdictional vehicle;

CR is the tax credit rate applicable to the interjurisdictional vehicle pursuant to subsection (2);

DR is the distance ratio for the interjurisdictional vehicle for the vehicle license period; and

T is the number of whole or partial calendar months in the interjurisdictional vehicle's vehicle licence period at the time that the interjurisdictional vehicle is licensed divided by 12.

(EC496/01)

Tax credit rate

(2) For the purpose of CR in the formula in subsection (1), the tax credit rate applicable to an interjurisdictional vehicle for a vehicle licence period shall, in each calendar year in which the prorate tax is payable in respect of the vehicle, be the rate shown opposite that calendar year in the column for the applicable type of vehicle in the following table:

Calendar year Vehicle other
than a Bus Bus

the acquisition year
4.499% 2.813%

the calendar year
following the acquisition year
3.510% 2.195%

the second calendar year
following the acquisition year
2.793% 1.745%

the third calendar year
following the acquisition year
2.274% 1.422%

the fourth calendar year
following the acquisition year
1.906% 1.191%

the fifth calendar year
following the acquisition year
1.769% 1.106%

(EC496/01)

Repair parts

47. For the purpose of clause 4.9(1)(c) of the Act, "repair parts" means

(a) replacement parts purchased for an interjurisdictional vehicle licensed for an interjurisdictional commercial purpose or for a trailer used for an interjurisdictional commercial purpose with such an interjurisdictional vehicle, if they are designed and manufactured specifically for that type of interjurisdictional vehicle or trailer and are not general purpose repair materials; and (EC496/01)

(b) parts purchased as part of a repair work order for an interjurisdictional vehicle licensed for an interjurisdictional commercial purpose or for a trailer used for an interjurisdictional commercial purpose with such an interjurisdictional vehicle; (EC496/01)

but does not include optional accessories that are not included in the purchase price of the interjurisdictional vehicle or trailer. (EC496/01)

Limitation on total transitional refunds or credits

48. The total amount of all of the refunds or credits authorized to be provided pursuant to subsection 4.10(2) of the Act to a person for an interjurisdictional vehicle licensed outside the province for all vehicle licence periods that begin before April 2003 shall not exceed the amount of tax paid by the person pursuant to section 4 of the Act on the last acquisition of the interjurisdictional vehicle before April 2001. (EC496/01)

Schedule

Revoked by EC390/91.

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