Bill 136 2015

An Act to abolish the estate administration tax and provide for related matters

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Estate Administration Tax Act, 1998

   1.  The Estate Administration Tax Act, 1998 is amended by adding the following section:

Application of Act

   0.1  (1)  This Act does not apply with respect to the estate of an individual whose date of death is on or after the day the Estate Administration Tax Abolition Act, 2015 receives Royal Assent.

No tax

   (2)  For greater certainty, no tax may be imposed under this Act with respect to the estate of an individual whose date of death is on or after the day the Estate Administration Tax Abolition Act, 2015 receives Royal Assent.

Administration of Justice Act

   2.  The Administration of Justice Act is amended by adding the following section:

Maximum fee for estate certificates

   4.0.1  The fee payable for any of the following certificates shall not exceed the fee for filing a statement of claim in the Superior Court of Justice:

    1.  Certificate of appointment of estate trustee.

    2.  Certificate of succeeding estate trustee.

    3.  Certificate of estate trustee during litigation.

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Estate Administration Tax Abolition Act, 2015.

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EXPLANATORY NOTE

The Bill abolishes the estate administration tax, and caps the fee for filing an estate certificate with the court.