The Provincial Tax Commission Act

Transcription

1 The Provincial Tax Commission Act being Chapter 35 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Commission 4 Provincial Tax Commissioner 5 Employees 6 Salaries and expenses 7 Duties 8 Offices 9 Revenue, how dealt with 10 Revenue officers 11 Obstruction of revenue officers 12 Administration of Acts 13 Certain powers transferred to commission

3 CHAPTER 35 An Act to provide for the Establishment of a Tax Commission Short title 1 This Act may be cited as The Provincial Tax Commission Act. 1938, c.10, s.1; R.S.S. 1940, c.35, s.1. Interpretation 2 In this Act, unless the context otherwise requires, the expression: Commission 1. Commission means The Provincial Tax Commission established by this Act; Minister 2. Minister means the member of the Executive Council to whom for the time being is assigned the administration of this Act; Revenue 3. Revenue means revenue receivable by the province under any Act from time to time administered under the authority of this Act; Revenue officer 4. Revenue officer means an employee of the commission engaged in collecting or accounting for revenue or carrying into effect any Act administered under the authority of this Act, or in preventing the contravention of any such Act; and, as regards accounting for and paying over such revenue, the said expression includes an employee of the commission who has received or has been entrusted with public money. 1938, c.10, s.2; R.S.S. 1940, c.35, s.2. Commission 3 For the purposes hereinafter mentioned there shall be a permanent commission, to be known as The Provincial Tax Commission. 1938, c.10, s.3; R.S.S. 1940, c.35, s.3. Provincial Tax Commissioner 4(1) The commission shall consist of one member, to be appointed by the Lieutenant Governor in Council, and to be called The Provincial Tax Commissioner. (2) The Lieutenant Governor in Council may appoint one or more employees of the commission to act as Deputy Provincial Tax Commissioners, who shall perform such duties as may be from time to time assigned to them by the commission and shall take the place of the Provincial Tax Commissioner when absent for any cause, and the persons so appointed shall, while acting in such absence, perform all the duties and may exercise all the powers of the Provincial Tax Commissioner. (3) Wherever it appears that a deputy commissioner has acted for and in place of the commissioner, it shall be conclusively presumed that he has so acted in the absence or disability of the commissioner. 1938, c.10, s.4; 1940, c.9, s.1; R.S.S. 1940, c.35, s.4.

4 4 c. 35 PROVINCIAL TAX COMMISSION Employees 5 The Public Service Commission may appoint such revenue officers and other employees as are deemed necessary for the proper conduct of the business of the commission. 1938, c.10, s.5; R.S.S. 1940, c.35, s.5. Salaries and expenses 6 The salaries of the commissioner and employees of the commission and the expenses of the commission may be paid out of moneys appropriated from time to time by the Legislature for the purpose. 1938, c.10, s.6; R.S.S. 1940, c.35, s.6. Duties 7 The commission shall, under the direction of the minister: (a) assess and collect all taxes receivable by the province under Acts from time to time administered under the authority of this Act; (b) collect all other revenue so receivable under such Acts; (c) exercise all powers and perform all duties incidental to its duties under clauses (a) and (b); (d) perform such other duties as may be prescribed by the Lieutenant Governor in Council. 1938, c.10, s.7; R.S.S. 1940, c.35, s.7. Offices 8 The chief office of the commission shall be in Regina, and offices may also be kept in other places, as may be deemed necessary for the conduct of the business of the commission. 1938, c.10, s.8; R.S.S. 1940, c.35, s.8. Revenue, how dealt with 9 Revenue received by the commission shall be deposited with the Provincial Treasurer in accordance with such regulations as may from time to time be made by the Treasury Board. 1938, c.10, s.9; R.S.S. 1940, c.35, s.9. Revenue officers 10 The provisions of The Treasury Department Act respecting revenue officers shall apply to revenue officers appointed under this Act. 1938, c.10, s.10; R.S.S. 1940, c.35, s.10.

5 PROVINCIAL TAX COMMISSION c Obstruction of revenue officers 11 A person who by himself or by any one in his employ obstructs, molests or hinders: (a) a revenue officer or others employee of the commission in the execution of his duty or the exercise of is powers; or (b) any person acting in the aid of a revenue officer or other employee; shall be guilty of an offence and liable on summary conviction to a fine of not less than $25 nor more than $400 and in default of payment to imprisonment for a period not exceeding six months. 1938, c.10, s.11; R.S.S. 1940, c.35, s.11. Administration of Acts 12 The commission shall, under the direction of the minister, administer the following Acts, namely: (a) The Public Revenues Act; (b) The Succession Duty Act; (c) The Corporations Taxation Act; (d) The Railway Taxation Act; (e) The Wild Lands Tax Act; (f) The Vehicles Act; (g) The Fuel Petroleum Products Act; (h) The Travelling Shows Act; (i) The Income Tax Act; (j) The Education Tax Act; and (k) such other Acts or portion thereof as the Lieutenant Governor in Council may from time to time assign to the administration of the commission. 1938, c.10, s.12; R.S.S. 1940, c.35, s.12. Certain powers transferred to commission 13 Notwithstanding the provisions of any of the Acts mentioned or referred to in the preceding section, the powers and duties of the minister or other public official having charge of the assessment and collection of the taxes thereby imposed, or having charge of the collection of other revenue thereunder, are hereby vested in the commission and shall be exercised exclusively by the commission under the direction of the minister. 1938, c.10, s.13; R.S.S. 1940, c.35, s.13.

6 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER Copyright 2010