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S.M. 1988-89, c. 42
The Succession Duty Act
Table of Contents
| 1 | Definitions | |
| 2 | Persons connected by blood relationship | |
| (2) | Property under control of executor | |
| (3) | Duty applicable to any property | |
| (4) | Duty otherwise payable | |
| (5) | Corporation as successor | |
| (6) | Arm's length | |
| 3 | Property of the deceased | |
| 4 | Competence to dispose | |
| (2) | Gift inter vivos | |
| (3) | Covenant as consideration | |
| (4) | Interest in annuity | |
| (5) | Insurance proceeds | |
| (6) | Insurance included in property | |
| (7) | Other dispositions | |
| 5 | Property not included | |
| (2) | Annuity as consideration | |
| (3) | Agreement to transfer | |
| (4) | Provision against lapse | |
| (5) | Canada pension benefits | |
| 6 | Deductions from aggregate net value | |
| (2) | Debt or obligation created by statute | |
| 7 | Amounts not deductible | |
| (2) | Exclusion for certain family property | |
| (3) | Family property | |
| (4) | Section suspended | |
| 8 | Duty on property in province | |
| (2) | Duty on resident successor | |
| 9 | Payment of duty to minister | |
| 10 | Rate of duty | |
| 11 | Estates under $75,000 | |
| (2) | Reduction of duty | |
| 12 | Successions under $2,000 | |
| (2) | Reduction of duty | |
| 13 | Exemption for preferred successors | |
| (2) | Sharing preferred exemption | |
| (3) | Special exemption for spouse | |
| (4) | Reduction of duty for spouse | |
| (5) | Special exemption for infirm child | |
| (6) | Reduction of duty for infirm child | |
| (7) | Definitions | |
| (8) | Special exemption for dependent child | |
| (9) | Reduction of duty for dependent child | |
| (10) | Definitions | |
| (11) | Exemption for sibling successor | |
| (12) | Sharing sibling successor exemption | |
| 14 | Exemption for collateral successors | |
| (2) | Sharing collateral exemptions | |
| 15 | Absolute exemptions | |
| (2) | Charitable exemptions | |
| (3) | Sharing charitable exemptions | |
| (4) | Maximum duty for charity | |
| 16 | Residents of co-operating province | |
| (2) | Real property in co-operating province | |
| 17 | Credit for death taxes | |
| 18 | Certain benefits exempt | |
| (2) | Exemption | |
| 19 | Reduction for gift tax | |
| (2) | Refund where gift tax exceeds duty | |
| 20 | No allowance for income taxes | |
| (2) | Income tax not to be considered | |
| 21 | Listed securities | |
| (2) | Application | |
| (3) | Definition of "security" | |
| 22 | Shares of minority shareholder | |
| (2) | Corporation as connected person | |
| 23 | Debts owing by certain persons | |
| (2) | Definition of "debt" | |
| 24 | Property disposed of inter vivos | |
| 25 | Value of stock dividends | |
| 26 | Property transferred under agreement | |
| 27 | Shares of controlled corporation | |
| 28 | Property disposed of by gift | |
| 29 | Valuing property in quick succession | |
| 30 | Return | |
| (2) | Demand for return | |
| (3) | Dispensing with return | |
| 31 | Form of return | |
| 32 | Estimate of duty | |
| 33 | Extension of time for filing return | |
| (2) | Appeal for extension of time | |
| (3) | Failure to file return | |
| 34 | Assessment | |
| (2) | Assessment where no return filed | |
| 35 | Notice of assessment | |
| (2) | Notice to executor | |
| (3) | Other assessments disclosed in notice | |
| 36 | Effect of assessment | |
| 37 | Re-assessment | |
| (2) | Where amounts not included | |
| (3) | Additional property discovered | |
| 38 | Minister not bound by return | |
| 39 | Validity of assessment | |
| 40 | Annuitant dying within four years | |
| (2) | Power exercised within two years | |
| 41 | Objection to assessment | |
| (2) | Service of notice | |
| (3) | Reconsideration | |
| (4) | Validity of re-assessment | |
| 42 | Appeal | |
| (2) | Time limit for appeal | |
| (3) | Powers of court | |
| 43 | Irregularities | |
| 44 | Application for extension of time | |
| (2) | Reasons for delay | |
| (3) | When order not to be made | |
| 45 | Effect of objection or appeal | |
| (2) | Defeating payment | |
| 46 | Consent to transfer | |
| (2) | Registrars' duties | |
| (3) | Saving clause respecting pensions | |
| (4) | Saving re. deposits | |
| (5) | Saving re. insurance policy | |
| (6) | Offence and penalty | |
| (7) | Defence | |
| 47 | Consent to open safety deposit box | |
| (2) | Notice of opening or delivery | |
| (3) | Exemption | |
| (4) | Offence and penalty | |
| (5) | Defence | |
| 48 | Executor to deduct duty | |
| (2) | Remittance of the duty by executor | |
| (3) | Offence and penalty | |
| (4) | Defence | |
| 49 | Terms and conditions of consent | |
| 50 | Time for payment of duty | |
| (2) | Time for payment of penalties | |
| (3) | Time for payment of interest | |
| 51 | Election to defer duty | |
| (2) | Form of election | |
| (3) | Effect on liability | |
| (4) | Effect on other successors | |
| 52 | Election re. future interests | |
| (2) | Form and condition of election | |
| 53 | Deferment for hardship | |
| 54 | Interest | |
| 55 | Penalty for evasion | |
| 56 | Penalty for omissions in returns | |
| (2) | Saving provision | |
| 57 | Refunds | |
| (2) | Interest on overpayments | |
| (3) | Refund after variation of assessment | |
| (4) | Definition of "overpayment" | |
| 58 | Debt to the government | |
| 59 | Certification of debt | |
| (2) | Judgment | |
| (3) | Costs | |
| 60 | Person leaving province | |
| (2) | Seizure of property | |
| (3) | Sale of seized property | |
| (4) | Notice of sale | |
| (5) | Surplus | |
| (6) | Exempt property | |
| 61 | Lien for duty | |
| 62 | Lien on real property | |
| (2) | Consent as withdrawal of lien | |
| 63 | Security for payment | |
| 64 | Liability | |
| 65 | Action against executors | |
| 66 | Where succession increased by duty | |
| 67 | Appointment of evaluators | |
| 68 | Administration of oaths | |
| 69 | Inspection | |
| (2) | Requirement of additional information | |
| (3) | Inquiry | |
| (4) | Copies as evidence | |
| (5) | Prohibition | |
| (6) | Powers of person making inquiry | |
| (7) | Right to counsel and to cross-examine | |
| 70 | Communication of information | |
| (2) | Officials not compellable | |
| (3) | Exceptions for legal proceedings | |
| (4) | Exception for internal administration | |
| (5) | Exception for objection or appeals | |
| (6) | Exception for enforcement | |
| 71 | Procedure and evidence | |
| 72 | Agreements with other governments | |
| (2) | Transfer of powers and duties | |
| (3) | Powers of deputy minister | |
| 73 | False statements | |
| (2) | Saving provision | |
| 74 | Offences and penalties | |
| 75 | Defence | |
| 76 | Officer of corporation | |
| 77 | Regulations | |
| (2) | Effect of Regulations Act | |
| (3) | Retroactive regulations | |
| 78 | Application of Act | |
| (2) | Non-application of Act |