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The Insurance Corporations Tax Act
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This version is current as of March 27, 2017.
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C.C.S.M. c. I50

The Insurance Corporations Tax Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"annuity contract" means a contract that provides for the payment of an income for a specified period or for life and under the terms of which the sole benefit stated to be payable by reason of death does not exceed the sum of the amounts paid as consideration for the contract together with interest; (« contrat de rente »)

"business transacted" has the meaning given to it in section 6; (« volume d'affaires réalisé »)

"dividend", without restricting the general meaning thereof, includes any amount payable, or subject to be credited, by an insurer to its insured and that is composed in whole or in part of a portion of the amount previously paid by the insured as a premium or as a deposit or payment under a reciprocal contract of indemnity or inter-insurance; (« participation »)

"insurance company" has the same meaning as "insurer"; (« compagnie d'assurance »)

"insurer" means a person or corporation who or which carries on, or which, under The Insurance Act, is deemed to carry on, an insurance business in the province, and includes an attorney authorized to act for, or acting for, a reciprocal or inter-insurance exchange and underwriters or syndicates of underwriters operating on the plan known as "Lloyds" and the United Health Services Corporation, but does not include

(a) a fraternal society,

(b) a friendly society, or

(c) a mutual benefit society,

as those expressions are defined in The Insurance Act; (« assureur »)

"marine insurance" means insurance against marine losses; that is to say, the losses incident to marine adventure, and includes such insurance that, by the express terms of a contract or by usage of trade, extends so as to protect the insured against losses on any land or air or inland water risk that is incidental to a sea voyage; (« assurance maritime »)

"premium" means the single or periodic payment made as consideration under a contract of insurance and computed as provided in section 5, and includes the amount collected from a subscriber under a reciprocal contract of indemnity or inter-insurance for the purpose of defraying losses incurred by the subscribers to a reciprocal or inter-insurance exchange and the necessary operation expenses of the exchange; (« prime »)

"special broker" means a person who procures for others policies of insurance from insurers not licensed to carry on business in the province; (« courtier spécial »)

"taxation year" means a calendar year in respect of the business transacted in which a tax is payable under this Act; (« année d'imposition »)

"treasurer" means the Minister of Finance of Manitoba. (« trésorier »)

S.M. 1992, c. 52, s. 30.

Imposition of tax

2           Subject to section 4, every insurer is liable for, and shall, as herein provided, pay to Her Majesty a tax equal to the total of

(a) 2% of the net amount of the premiums payable under contracts of life insurance and of accident and sickness insurance; and

(b) 3% of the net amount of the premiums payable under any other contract of insurance;

to the insurer during each year in respect of the business transacted by it in Manitoba in that year.

S.M. 2008, c. 3, s. 42; S.M. 2012, c. 29, s. 84.

Tax on special brokers

3           Each special broker is liable for, and shall, as herein provided pay to Her Majesty a tax equal to the total of

(a) 2% of the premium charged to the policyholder in respect of each contract of life insurance and of accident and sickness insurance; and

(b) 3% of the premium charged the policyholder in respect of each other contract of insurance;

negotiated, affected or procured by him in each year with an insurer not licensed to carry on business in the province, whether the contract is an original one, or is a renewal, continuation, or extension, of an existing contract.

S.M. 2008, c. 3, s. 43; S.M. 2012, c. 29, s. 84.

Exemption from tax

4           The tax imposed under section 2 is not payable

(a) by a company transacting life insurance on amounts receivable as consideration for an annuity contract; or

(b) by a mutual insurance company transacting fire insurance or hail insurance, or both, except in respect of insurance premiums receivable by it in connection with insurance business transacted by it in the province in that year not on the premium note plan; or

(c) in respect of premiums receivable under a contract of marine insurance.

Calculation of premiums

5           In calculating the net amount of the premiums receivable by it in each taxation year an insurer may deduct from the total sum of the premiums receivable by it in that taxation year the following amounts only:

(a) an amount equal to the cash value of dividends payable or subject to be credited to its policyholders or their personal representatives or to beneficiaries in that taxation year;

(b) an amount equal to the premiums returnable by it in that taxation year to policyholders or their personal representatives or to beneficiaries;

(c) an amount equal to the sum of the premiums payable to it, or to its agent for it, in that taxation year as consideration under contracts of reinsurance of insurance contracts made in respect of persons who are resident in Manitoba at the time the premiums thereon become payable or in respect of property that is situated in Manitoba at the time the premiums thereon become payable, less an amount equal to the sum of any dividends payable and premiums returnable by it in that taxation year under such contracts of reinsurance.

Meaning of "business transacted"

6(1)        For the purpose of sections 2 and 3, but subject to subsections (2) and (3), the business transacted in Manitoba by an insurer in any taxation year

(a) in the case of life insurance, is the total number of insurance contracts on which, in that taxation year, premiums are receivable by the insurer from, or in respect of, persons insured each of whom is resident in Manitoba at the time his premium becomes payable; and

(b) in the case of insurance other than life insurance, is the total number of insurance contracts on which, in that taxation year, premiums are receivable by the insurer, or by its agent on its behalf,

(i) from or in respect of persons insured each of whom is resident in Manitoba; or

(ii) in respect of property that is situated in Manitoba;

at the time the premium becomes payable.

Premium in respect of certain group contracts

6(2)        In the case of a contract of

(a) group insurance; or

(b) group accident and sickness insurance;

that portion of the premium therefor that relates to the insurance of

(c) the lives of persons resident in Manitoba; or

(d) persons resident in Manitoba;

as the case may be, is deemed to be a premium receivable in respect of the business transacted in Manitoba by the insurer.

Premium in respect of certain joint contracts

6(3)        Where a contract of insurance

(a) insures both property situated in Manitoba and property situated elsewhere; or

(b) is partly in respect of persons resident in Manitoba and partly in respect of persons resident elsewhere;

that portion of the premium therefor that relates to insurance

(c) of property situated in Manitoba; or

(d) in respect of persons resident in Manitoba;

as the case may be, is deemed to be a premium receivable in respect of the business transacted in Manitoba, by the insurer.

S.M. 2012, c. 29, s. 84.

Method of payment of tax

7(1)        Subject to subsections (2), (3), and (4), each insurer, and each special broker, liable for payment of the tax imposed under section 2 or 3 in respect of any year shall pay it at the times, and in the manner, hereinafter set forth:

(a) On or before the last day of each of the months of April, July, and October, in that year and on the last day of the month of January in the next following year, the insurer, or special broker shall pay to the treasurer, on account of the tax, an amount at least equal to 1/4 of the tax for which it or he was liable under section 2 or 3 in respect of the last preceding year.

(b) Before March 31 in the year next following the year in respect of which the tax is payable, the insurer, or special broker shall compute the tax so payable and shall, on or before March 31, cause to be delivered to the treasurer a return, in such form as the treasurer may prescribe, setting forth the amount of the tax so payable by it or him, showing how that amount is computed, and containing such further or other information as the treasurer may require.

(c) If the total of the amounts paid under clause (a) is less than the amount of the tax payable for the year in respect of which the amounts were paid, the insurer, or special broker shall, at the time of the delivery of the return required under clause (b), pay to the treasurer the balance of the tax payable by it or him in respect of that year.

(d) If the total of the amounts paid under clause (a) exceeds the amount of the tax payable for the year in respect of which the amounts were paid, the insurer, or special broker may, with its or his return, make a demand on the treasurer for a refund of the excess so paid; and, if he is satisfied that there has been such an excess payment, the treasurer shall, within a reasonable time, refund the amount thereof.

Application for reduced quarterly payments

7(2)        Where an insurer is of the opinion that the tax for which it will be liable under section 2 or 3 in respect of any year will be substantially less than the tax for which it was liable in respect of the year next preceding that year, it may apply to the treasurer to prescribe a fraction of the tax for which it was liable under section 2 or 3 in respect of that next preceding year, being less than 1/4 thereof; and the treasurer, if he is satisfied that the matters stated in, and in support of, the application are correct, may prescribe such a fraction of the tax in respect of the preceding year as being the amount to be paid quarterly by the insurer in respect of the year to which the application relates.

Payment where quarterly payments reduced

7(3)        Where the treasurer prescribes a fraction of the tax of the preceding year as provided in subsection (2), the insurer shall pay quarterly, as provided in clause (1)(a), an amount at least equal to the prescribed fraction of the tax for which it was liable in that next preceding year in lieu of paying 1/4 thereof as provided in that clause; and thereafter it shall compute the tax owing by it and make a return thereof to the treasurer and shall pay the balance of the tax, if any, remaining unpaid in the manner, and at the times, provided in clauses (1)(b) and (c).

Penalty for late payment

8(1)        Subject to subsection (3), where an insurer or other person liable under this Act for payment of a tax pays the amount thereof, or of a portion thereof, that is due from it or him but fails to pay that amount on the date when it is due, it or he is liable for, and shall pay to the treasurer, as a penalty for late payment an additional amount equal to 1% of the amount of the tax, or portion thereof, so due and unpaid on the due date thereof.

Penalty for underpayment

8(2)        Subject to subsections (3), (4), and (5), where an insurer or other person liable under this Act for payment of a tax, in paying the amount thereof, or of a portion thereof, that is due on any date under clauses 7(1)(a) to (c), pays less that the amount so due but pays that lesser amount on the due date aforesaid, it or he is liable for, and shall pay to the treasurer on demand by him in writing mailed to the insurer or other person liable, addressed to it or him at its or his latest address known to the treasurer,

(a) the balance of the tax or portion thereof so due and unpaid; and

(b) an additional amount as a penalty for underpayment, equal to 2% of the balance so due and unpaid;

together with interest on the sum of that balance and the penalty at 6% per annum from the date when the tax or portion thereof became due until payment is made.

Penalty for underpayment made late

8(3)        Subject to subsections (4) and (5), where an insurer or other person liable under this Act for payment of a tax, in paying the amount thereof, or of a portion thereof, that is due on any date under clauses 7(1)(a) to (c),

(a) pays less than the amount so due; and

(b) pays that lesser amount on a date later than the date on which the proper amount became due;

it or he is liable for, and shall pay to the treasurer on demand by him in writing mailed to the insurer or other person liable, addressed to it or him at its or his latest address known to the treasurer,

(c) the balance of the tax or portion thereof so due and unpaid;

(d) an additional amount, as a penalty for underpayment, equal to 2% of the balance to which clause (c) refers; and

(e) an additional amount, as a penalty for late payment, equal to 1% of the amount of the tax, or portion thereof, so due and unpaid on the due date thereof;

together with interest on the sum of the amounts to which clauses (c) to (e) refer at 6% per annum from the date when the tax or the portion thereof, became due until payment is made.

Penalty for underpayment where quarterly payments reduced

8(4)        Where the treasurer, on application being made to him under subsection 7(2), prescribes a fraction of the tax of a preceding year as being the amount to be paid quarterly by an insurer in respect of the tax for which it is liable for any year, if, on the tax payable by the insurer in respect of that year being computed, it is found that the amount of the tax for which the insurer is liable for that year exceeds the sum of the quarterly payments made by the insurer in respect of that year, the insurer shall pay to the treasurer, on demand by him in writing mailed to the insurer, addressed to it at its latest address known to the treasurer, the amount of that excess together with an additional amount as a penalty equal to 5% of that excess, together with interest on the sum of that excess and the penalty at 6% per annum from the last day of the month of January next preceding until payment is made.

Penalty additional

8(5)        The penalty imposed under subsection (4) is in addition to any penalty imposed under subsection (1).

Treasurer may waive penalty

8(6)        If the treasurer is satisfied that exceptional circumstances prevented an insurer or other person liable under this Act for the payment of tax from paying or remitting all or any part of the tax when it was due, the treasurer may waive all or any part of

(a) the interest accruing on that tax; or

(b) a penalty imposed under this section.

S.M. 1992, c. 52, s. 31; S.M. 2007, c. 6, s. 47.

Refund of overpayment

8.1(1)      A person is entitled to a refund, without interest, of an amount paid by the person as tax, if

(a) the amount was not payable as tax and is not otherwise refundable under this Act; and

(b) the person applies to the treasurer for the refund within two years after the day the amount was paid.

No other right of recovery

8.1(2)      No person has a right of action or other remedy against the government for the recovery of an amount paid as or on account of tax under this Act, unless the person is entitled under this Act to a refund of the amount.

S.M. 2007, c. 6, s. 48.

Returns by insurers

9           In addition to any other report, return, or statement herein specifically required to be made, every insurer shall make to the treasurer, at such time in each year as may be specified in the regulations, such returns and reports as may be required in the regulations; and it shall furnish to the treasurer, at such times as he may require, such further information relative to its business as he may require.

Power of minister to demand information

10          Where the treasurer has reason to believe that any corporation, association, or person, in the province that or who has not filed the required returns and reports is liable to taxation under this Act, he may cause a demand to be served on the corporation, association, or person, calling on it or him forthwith to make a return or report to the treasurer, in such form as he may require, respecting the business transacted in the province by that corporation, association, or person; and the corporation, association, or person, shall comply with the demand.

Appointment of inspectors to make examinations

11(1)       The treasurer may appoint inspectors to examine into the business, affairs, books, and papers of any corporation, association, or person, in so far as they relate to business transacted by reason of which the corporation, association, or person, may be liable to taxation under this Act.

Testimony before inspectors and production of papers

11(2)       Every corporation, association, or person, and the officers, employees, or agents, of every corporation, association, or person, shall produce to the inspectors for inspection by them all books, papers, letters, and documents, relating to business transacted as mentioned in subsection (1); and any such inspector may examine on oath any officer, employee, or agent, of any corporation, association, or person, and any member of any such association, and any such person, respecting any such business transacted, and may administer the oath accordingly.

Determination of amount of insurance in certain cases

11(3)       Where the treasurer is unable to obtain information as to the amount for which any person or any corporation or association is insured by way of life insurance or otherwise, he may fix the amount for which the person, corporation, or association is to be deemed to be insured for the purposes of this Act, and the amount of the premium payable thereon; and the amount so fixed and the premium so fixed shall, for the purposes of this Act, be deemed to have been given in a return made under this Act by the person, corporation, or association aforesaid.

Offence and penalty

11(4)       Any officer, employee, or agent, of a corporation, association, or person, any member of an association, and any other person, who refuses, neglects, or omits to produce as required under subsection (2) any books, papers, letters, or documents, or refuses to answer a question put to him under subsection (2), is guilty of an offence and is liable, on summary conviction, before a justice, to a fine not exceeding $200. in respect of each offence, and, in default of payment, to imprisonment for a term not exceeding six months.

Taxes a debt

12(1)       The taxes and penalties imposed under this Act, and any unpaid portion thereof, are a debt due to the government; and the amount thereof is recoverable as such in any court of competent jurisdiction by action brought in the name of Her Majesty in right of the Province of Manitoba, represented therein by the treasurer.

Who is a debtor

12(2)       For purposes of the enforcement procedures set out in sections 13 to 15, a person shall be deemed to be a debtor of the government in one or more of the following circumstances:

(a) the person has declared a tax liability on a return filed under this Act.

(b) the person has declared, or agreed to, a tax liability in any form of writing, including the issuing of a cheque on which payment has not been honoured for any reason.

(c) an action by the government in a court of competent jurisdiction to recover moneys as a debt due by the person under this Act has been finally resolved in favour of the government.

(d) the government has commenced an action in a court of competent jurisdiction to recover moneys allegedly owing by the person as a debt due to the government under this Act.

Equivalent expressions

12(3)       The expression "debtor of the government" in subsection (1) includes the expression "insurer or person liable for the debt" and any similar expression contained in sections 13 to 15.

Where court action commenced

12(4)       Where any of the enforcement procedures set out in sections 13 to 15 have been used to recover moneys in the circumstances described in clause (2)(d), the moneys shall be paid into court and, upon final resolution of the court action, shall be paid

(a) to the government, to the extent required to satisfy the judgment in the court action and any costs thereof assessed against the debtor; or

(b) to the debtor, to the extent that the moneys are not required for purposes of clause (a).

Application by alleged debtor

12(5)       Where any of the enforcement procedures set out in sections 13 to 15 have been or are being used to recover a debt allegedly owing by a person who is not deemed to be a debtor of the government under subsection (2), the person may, within 30 days of the exercise of the enforcement procedure or within such further time as the court may allow, apply to a court of competent jurisdiction for an order under subsection (6).

Order of restitution, etc.

12(6)       Where, upon hearing an application under subsection (5), the court is satisfied that the applicant owes no debt to the government, or owes a smaller debt than the government has alleged, the court may

(a) where applicable, order immediate termination of the enforcement procedure; and

(b) order the government to make restitution to the applicant in an appropriate amount, including any moneys reasonably expended by the applicant in applying for the order.

Distress in default of payment

13          Where default is made in payment of taxes imposed by this Act, the treasurer may levy and collect the taxes with costs by distress upon the goods and chattels, wherever found, of the insurer or other person liable therefor under a warrant signed by the treasurer and directed to a sheriff; and, in that case, the sheriff shall realize the taxes, or so much thereof as are in arrear, and all costs by sale of the goods or chattels, or so much thereof as is necessary to satisfy the warrant and costs.

Debts to Crown a lien

14(1)       The amount of the debt due from any insurer or person to the government under section 12 binds, and is a lien and charge in favour of the government on, all the property in the province, real and personal, of the insurer or person liable therefor.

Certificate of debts and registration

14(2)       The treasurer may issue a certificate, in a form prescribed by the regulations, showing the treasurer's address for service, the name and address of the debtor liable for the debt and certifying the amount thereof; and may register the certificate in the Land Titles Office of any Land Titles District, and from the time of the registration, the certificate binds and forms a lien and charge in favour of the government for the amount so certified on all lands of the debtor against which the certificate is registered by instrument charging specific land, and, while registered in the general register, against all lands of the debtor in the Land Titles District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the certificate when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the treasurer.

Realization of lien

14(3)       The certificate shall be registered on its mere production without an affidavit of execution; and the lien and charge thereby created may be realized in the same manner as if it were a mortgage on the land executed by the owner thereof.

Lien in bankruptcy proceedings

14(4)       In the case of the insolvency of any person, or the liquidation of any corporation, from whom or from which a debt is due under section 12, the amount of the debt is a lien and charge upon the estate and assets of that person or corporation, subject to any statute of Canada and to the costs and charges of insolvency or liquidation proceedings.

R.S.M. 1987 Supp., c. 28, s. 4.

Attachment of money owing

15(1)       The treasurer may, by registered letter, demand from any person indebted, or about to become indebted, to an insurer or person liable to taxation under this Act, that moneys otherwise payable to it or him be, in whole or in part, paid over to the treasurer on account of the liability of the insurer or person so liable to taxation; and a receipt given by the treasurer for the payment to him constitutes a good and sufficient discharge of the liability of the person indebted to such an insurer or person so liable to taxation, to the extent of the amount to which reference is made in the receipt.

Liability of garnishee

15(2)       Where a person who is indebted as aforesaid discharges any liability to the insurer or person liable to taxation under this Act after receipt of a registered letter from the treasurer under this section, he is personally liable to Her Majesty to the extent of the liability so discharged, or to the extent of the liability of the insurer or person liable to taxation under this Act, whichever is the lesser amount.

Refusal to pay tax an offence

16(1)       Every insurer or person liable to taxation under this Act that or who refuses, or wilfully neglects or omits, to pay the tax for which it or he is liable is guilty of an offence and is liable, on summary conviction, if a corporation, to a fine not exceeding $1,000., and if any individual, to a fine not exceeding $200., or to imprisonment for a term not exceeding three months, or to both.

Penalty for failure to file returns, etc.

16(2)       Every insurer or other person required under this Act or the regulations, or by the treasurer, to make, deliver, or file any return, report, or statement who fails to make, deliver, or file it within the time prescribed is guilty of an offence and, unless another penalty therefor is specifically provided herein, is liable, on summary conviction, to a penalty of $10. for each day that the failure continues.

Acts of agent as acts of principal

16(3)       In construing and enforcing this section, the act, omission, neglect, or failure, of an officer, employee, or agent of, or of any other person acting for, an insurer or other person liable to taxation under this Act shall be deemed to be the act, omission, neglect, or failure, of the insurer or other person if the officer, employee, agent, or other person so acting was acting within the scope of his employment or instructions.

Penalty for dealing with unlicensed insurer

17          Every person who enters into a contract of insurance with an insurer not licensed to carry on business in the province, except through the agency of a special broker, is guilty of an offence under this Act and, in addition to any penalty to which he may be liable under The Insurance Act, is liable, on summary conviction, to a penalty equal to 10% of the amount of the premium paid or payable, or of the premium note given, or of the mutual, reciprocal, or other liability assumed under the contract.

Further requirements by treasurer

18          Where the treasurer desires information in order to enable him to determine the correctness of any return made under this Act, or desires further information thereon, he may require the president, manager, secretary, or agent, of any insurer or other person liable to taxation under this Act to furnish a further statement under oath within 30 days.

Appointment of commissioners

19(1)       Where information required by the treasurer under section 18 is not furnished within the time limited, as aforesaid, or where the treasurer is not satisfied therewith, the Lieutenant Governor in Council may direct an inquiry to be made by a commissioner appointed under Part V of The Manitoba Evidence Act; and the decision of any such commissioner, after giving the parties an opportunity of being heard, is, for the purposes of this Act, final as to the particulars mentioned in his report.

Variation of report

19(2)       The Lieutenant Governor in Council may, for cause, vary a report made by the commissioner; but the amount found by the commissioner shall not be increased without giving the insurer or other person liable to taxation or its or his agent an opportunity of being heard.

Costs of inquiry to be paid by insurer

20(1)       Where the inquiry is occasioned by failure of an insurer or other person to furnish the statement required by the treasurer, the insurer or other person, shall, subject to section 21, pay the costs of the inquiry; but if the statement is found to be correct and the required information was fully furnished, the treasurer may direct the costs or such of them as were necessary to be paid by the government, and he may for that purpose settle them or may direct a taxation thereof.

Penalty for understating amount to be taxed

20(2)       Where the commissioner finds that the statement furnished understates the amount on which the tax should be paid, the insurer or other person liable to taxation, in addition to paying the costs of the inquiry, shall, unless the Lieutenant Governor in Council otherwise directs, pay as a tax the amount found by the commissioner to be payable and so stated in his report together with an amount equal to 50% of the amount of the entire tax as it should have been computed under this Act.

Costs

20(3)       The costs of the commission shall be determined and certified by the treasurer, or he may direct the costs to be taxed; and when payable to the Crown, the costs may be recovered in the manner herein provided for the recovery of taxes.

Taxation of costs

20(4)       Where the treasurer directs the costs to be taxed, they shall be taxed by the Registrar of the Court of Queen's Bench at Winnipeg.

Remission of penalty

21          Where the commissioner finds that the statement furnished as aforesaid understates the amount on which the tax should be paid, but also certifies that the misstatement was not made with intent and for the purpose of decreasing the amount of taxes to be paid, but was made bona fide and with no improper motive, the Lieutenant Governor in Council may, upon the recommendation of the treasurer, remit so much of the added percentage and so much of the costs as to him, in his discretion, seems meet to do justice in the premises.

Cancellation of licence

22          Where

(a) a corporation liable to taxation under this Act neglects, omits, or refuses, to make a return or report required under this Act within the time prescribed or to furnish to the treasurer any further or other statement or information required after making the return or report; or

(b) a corporation liable to taxation under this Act has made a return or report or furnished such further or other statement or information, and it is found by the commissioner that the return or report or the statement or information furnished are grossly inaccurate, and that the amount upon which the tax should be paid has been wilfully understated;

in addition to any other penalty to which the corporation may be liable under this Act, the treasurer may order the cancellation of the licence, certificate of registration, or letters patent of incorporation, under which the corporation transacts and carries on business in the province; and thereupon the licence, certificate of registration, or letters patent shall be absolutely revoked and rendered void.

No liability to municipal taxation

23          Where an insurer or other person pays a tax under this Act, it is not liable to any similar tax imposed or collected by any municipality.

Ordering of audit

24(1)       Where it appears to the treasurer that the books of an insurer or person doing business in the province (whether or not the insurer or person is liable to taxation under this Act) are not kept in such a business-like manner as to enable a proper statement of the affairs and standing of the insurer or person to be obtained, or as to enable the correctness of any return or report made or information or statement furnished under this Act to be determined, the treasurer may nominate an accountant to proceed under his direction to make an audit of the accounts of the insurer or person, and to give such instructions as will enable the books of the insurer or person to be properly kept thereafter.

Remuneration of accountant

24(2)       The insurer or person in respect of whose accounts an audit has been made shall pay the remuneration of the accountant, which shall not exceed such amount as is approved by the treasurer in writing before the audit is begun together with the necessary travelling expenses, if any.

Approval of expenses of accountant

24(3)       The treasurer shall approve the fees and expenses of the accountant, and they shall thereupon be payable forthwith to the accountant by the insurer or person in respect of whose accounts the audit was made.

Custody of documents

25(1)       The books, returns, papers, documents, and correspondence, relating to any tax levied or imposed, or sought to be levied or imposed, under this Act shall remain in the custody and under the control of the treasurer.

Examination of documents

25(2)       Except upon order of a judge of the Court of Queen's Bench, no person may examine, inspect, or remove from the custody of the treasurer, any such books, returns, papers, documents, or correspondence.

Reports of municipal clerks

26          The clerk or secretary-treasurer of each municipality shall, on request of the treasurer, furnish him with the names of all persons, partnerships, firms, syndicates, trusts, associations, or corporations, carrying on any business, trade, or undertaking, within the municipality; and he shall specify the class or classes of business or trade being operated by each of such persons, partnerships, firms, syndicates, trusts, associations, or corporations together with the full postal address thereof.

Regulations

27          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,

(a) respecting the form and content of all returns, reports, and statements required by the treasurer for the due administration of this Act; and

(b) respecting the forms and contents of all certificates required to be issued or furnished by the treasurer or by any other person under this Act.

28          [Repealed]

S.M. 2007, c. 6, s. 49.