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ISO14000 Income Tax Credit Regulations

made under subsection 48(5) of the
Income Tax Act
R.S.N.S. 1989, c. 217
O.I.C. 97-229 (April 8, 1997), N.S. Reg. 39/97

1 These regulations may be cited as the ISO14000 Income Tax Credit Regulations.

2 All terms defined in the Income Tax Act have the same meaning in these regulations, unless otherwise defined.

3 In Section 13F [48] of the Act and these regulations,

(a) "expenditure with respect to audit" means an expenditure paid to a qualified registrar for reviewing documentation, performing on-site assessment audits and registering a corporation's permanent establishment in the Province as conforming to ISO14001 standards;

(b) "expenditure with respect to documentation" means an expenditure made by a corporation that is directly attributable to the documentation of an environmental management system's procedures and processes at a corporation's permanent establishment in the Province, including measuring, analyzing and reporting necessary for conforming to ISO14001 standards and, for greater certainty, does not include an expenditure made for routine maintenance or improvements to an environmental management system's procedures or processes;

(c) "expenditure with respect to training" means an expenditure made by a corporation, over and above the normal wages, salaries and benefits of employee trainees, that is directly attributable to the training of employees in the procedures necessary to properly measure, analyze and report on an environmental management system's procedures and processes at a corporation's permanent establishment in the Province for the purposes of conforming to the ISO14001 standards;

(d) "ISO14000" means the 14000 series of standards as published by the International Organization for Standardization;

(e) "Minister" means the Minister of Finance or an officer designated by the Minister to perform any of the duties and exercise any of the powers imposed or conferred on the Minister by or pursuant to Section 13F [48] of the Act;

(f) "normal reassessment period" has the meaning given that expression by subsection 152(3.1) of the Income Tax Act (Canada);

(g) qualified registrar" means a person accredited by the Standards Council of Canada as a person qualified to register quality systems for the purpose of conforming to ISO14001 standards.

4 The following expenditures are directly attributable to the documentation of an environmental management system's procedures and processes:

(a) the cost of materials consumed in preparing and developing such documentation;

(b) that portion of the salaries, wages and related benefits of employees who directly undertake, supervise and support such documentation that can reasonably be considered to relate to such documentation;

(c) other expenditures directly related to such documentation that would not have been incurred if such documentation had not been undertaken.

5 The following expenditures are directly attributable to the training of employees in the ISO14001 standard certifiable environmental management system's procedures and processes:

(a) the direct cost of training supports, including the facility, equipment and software rentals required for such training, training supplies and manuals;

(b) the direct cost of trainers who are not employees of the applicant, including reasonable costs for travel, accommodations, meals and fees;

(c) in the case of trainers who are employees of the applicant but do not reside within 200 kilometers of the facility within which the training in question will be provided, direct costs for travel, accommodations and meals that can reasonably be considered to relate to such training.

6 For the purposes of subsection 13F(2) [48(2)] of the Act, the amount of eligible expenditures made in the taxation year is the aggregate of all eligible expenditures less any government assistance, non-government assistance or any other inducements in respect of such expenditures, other than government assistance received pursuant to Section 13F [48] of the Act, and less any rebatable or refundable sales taxes.

7 For the purposes of subsection 13F(2) [48(2)] of the Act, a corporation may make application, at any time after its taxation year end and before the end of the normal reassessment period, to the Minister for a tax credit certificate by filing with the Minister, in a form acceptable to the Minister, an application containing at least the following information:

(a) a reconciliation of all expenditures for which the corporation is making application for a credit, in sufficient detail for the Minister to determine the nature, timing and amount of the expenditure;

(b) a description of the business and the environmental management system for which the corporation is seeking ISO14001 certification and the expected benefits to be derived from being certified;

(c) if the corporation has entered into an agreement with a qualified registrar to become ISO14001 certified, the name and address of the qualified registrar;

(d) an ISO14001 implementation plan including expected expenditures and the time frame of the certification process.

8 For the purposes of subsection 13F(3) [48(3)] of the Act, where the Minister is satisfied that the corporation is entitled to a tax credit certificate, the Minister shall issue a certificate in a form from time to time prescribed by the Minister.