CANADIAN ETHNIC MEDIA ASSOCIATION

Voices of Canada

Save Our Voice a success: Ontario to amend tax law for ethnic media; seeks input

January 26, 2015

Ontario has agreed to amend the tax legislation, and the law firm helping several ethnic print organizations to fight the law, says on the surface it appears to meet with the Coaltiion’s objectives. The coalition also included CEMA. Fasken Martineu DuMoulin LLP, the law firm, will, however, also prepare an analysis for the Save Our Voice Campaign.

Meanwhile, we print below the redrafted legislation by Ontario’s Ministry of Finance. The government is hoping to receiveing feedback by January 25, 2008, before enacting this legislation. For previous stories on this subject, CLICK HERE.

Text of the Ministry’s draft legisklation amendment:

The Ministry of Finance seeks comment on a Consultation Draft of proposed amendments to Regulation 1013 made under theRetail Sales Tax Act concerning the definition of newspaper.

The Ministry has been working with stakeholders on a proposed expansion to the definition of newspaper for the purposes of the retail sales tax exemption. The draft regulation proposes a revised definition based on a listing of physical characteristics of newspapers, with points allotted for each characteristic.

The Ministry is interested in receiving input from individual publications, as well as their representatives and others. Your views will assist the Ministry in finalizing a proposal to recommend to the Lieutenant Governor in Council.

Comments may be sent to the attention of:

Clarence Tong
Corporate and Commodity Taxation Branch
2nd Floor, Frost Bldg. North
95 Grosvenor Street
Queen’s Park, Toronto
M7A 1Z1

Comments will be accepted until January 25, 2008.

C O N S U L T A T I O N D R A F T

1. (1) The definition of newspaper in section 1 of Regulation 1013 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

newspaper means a printed publication containing news, advertising and literary matter to which a total of at least five points is assigned under subsection (2) and,

(a) includes a magazine as defined in subsection 1 (1) of Regulation 1012 of the Revised Regulations of Ontario, 1990 (Definitions, Exemptions and Rebates) made under the Act, but only if the magazine is distributed with the printed publication, and

(b) does not include,

(i) an advertising insert or supplement, or

(ii)an envelope wrapper, folder or other covering for the distribution of promotional materials;

(2) Section 1 of the Regulation is amended by adding the following subsection:

(2)For the purposes of the definition of newspaper in subsection (1), the total number of points assigned to a printed publication is the sum of the number of points set out in column 3 of the following Table opposite each characteristic of newspapers set out in Column 2 of the Table that apply to the printed publication.

Table

Column 1 Column 2 Characteristics of newspapers Column 3 Number of points
1. Printed in broadsheet or tabloid format and larger than 8.5 inches by 11 inches 2
2. Unbound 2
3. Published at least once a week 2
4. Published at least once a month 1
5. Printed on newsprint of any quality 1
6. Identified as a newspaper in the publication 1
7. Front page is divided into columns or boxes and may contain narrative text, photographs and advertisements 1

2. This regulation is deemed to have come into force on January 1, 2000.