(b) a corporation that, at the end of the particular year, is related (for the purpose of section 181.5, as that section reads in its application to the 1992 taxation year) to a corporation that is a large corporation in its taxation year that includes the end of the particular year,

104. (1) Subsections 227(4) to (7) of the Act are replaced by the following:

Money held in trust

(4) Every person who deducts or withholds an amount under this Act shall be deemed to hold the amount so deducted or withheld in trust, separate and apart from the person's own moneys, for Her Majesty and for payment to Her Majesty in the manner and at the time provided under this Act, and Her Majesty has a lien and charge on the property and assets of the person whether or not the person has kept the amount separate and apart or is in receivership, bankruptcy or liquidation or has made an assignment.

Excess withheld, returned or applied

(6) Where a person on whose behalf an amount has been paid under Part XIII to the Receiver General was not liable to pay tax under that Part or where the amount so paid is in excess of the amount that the person was liable to pay, the Minister shall, on written application made no later than 2 years after the end of the calendar year in which the amount was paid, pay to the person the amount so paid or such part of it as the person was not liable to pay, unless the person is or is about to become liable to make a payment to Her Majesty in right of Canada, in which case the Minister may apply the amount otherwise payable under this subsection to that liability and notify the person of that action.

Repayment of non-resident shareholder loan

(6.1) Where, in respect of a loan from or indebtedness to a corporation or partnership, a person on whose behalf an amount was paid to the Receiver General under Part XIII because of subsection 15(2) and paragraph 214(3)(a) repays the loan or indebtedness or a portion of it and it is established by subsequent events or otherwise that the repayment was not made as part of a series of loans or other transactions and repayments, the Minister shall, on written application made no later than 2 years after the end of the calendar year in which the repayment is made, pay to the person an amount equal to the lesser of

    (a) the amount so paid to the Receiver General in respect of the loan or indebtedness or portion of it, as the case may be, and

    (b) the amount that would be payable to the Receiver General under Part XIII if a dividend described in paragraph 212(2)(a) equal in amount to the amount of the loan or indebtedness repaid were paid by the corporation or partnership to the person at the time of the repayment,

unless the person is or is about to become liable to make a payment to Her Majesty in right of Canada, in which case the Minister may apply the amount otherwise payable under this subsection to that liability and notify the person of that action.

Application for assessment

(7) Where, on application under subsection (6) by or on behalf of a person to the Minister in respect of an amount paid under Part XIII to the Receiver General, the Minister is not satisfied

    (a) that the person was not liable to pay any tax under that Part, or

    (b) that the amount paid was in excess of the tax that the person was liable to pay,

the Minister shall assess the person for any amount payable under Part XIII by the person and send a notice of assessment to the person, and sections 150 to 163, subsections 164(1) and (1.4) to (7), sections 164.1 to 167 and Division J of Part I apply with such modifications as the circumstances require.

Application for determination

(7.1) Where, on application under subsection (6.1) by or on behalf of a person to the Minister in respect of an amount paid under Part XIII to the Receiver General, the Minister is not satisfied that the person is entitled to the amount claimed, the Minister shall, at the person's request, determine, with all due dispatch, the amount, if any, payable under subsection (6.1) to the person and shall send a notice of determination to the person, and sections 150 to 163, subsections 164(1) and (1.4) to (7), sections 164.1 to 167 and Division J of Part I apply with such modifications as the circumstances require.

(2) Subsection 227(9.3) of the Act is replaced by the following:

Interest on certain tax not paid

(9.3) Where a person fails to pay an amount of tax that, because of section 116, subsection 212(19) or a regulation made under subsection 215(4), the person is required to pay, as and when the person is required to pay it, the person shall pay to the Receiver General interest on the amount at the prescribed rate computed from the day on or before which the amount was required to be paid to the day of payment of the amount to the Receiver General.

(3) Subsection 227(10) of the Act is amended by striking out the word ``and'' at the end of paragraph (a) and by adding the following after paragraph (a):

    (a.1) any person for any amount payable under subsection (10.2) by the person as a consequence of a failure by a non-resident person to deduct or withhold any amount, and

(4) Subsection 227(10.1) of the Act is replaced by the following:

Idem

(10.1) The Minister may at any time assess

    (a) any person for any amount payable under section 116 or subsection (9), (9.2), (9.3) or (9.4) by the person,

    (a.1) any person for any amount payable under subsection (10.2) by the person as a consequence of a failure by a non-resident person to remit any amount, and

    (b) any non-resident person for any amount payable under Part XIII by the person,

and, where the Minister sends a notice of assessment to the person, sections 150 to 163, subsections 164(1) and (1.4) to (7), sections 164.1 to 167 and Division J of Part I apply with such modifications as the circumstances require.

(5) Section 227 of the Act is amended by adding the following after subsection (10.1):

Joint and several liability re contributions to RCA

(10.2) Where a non-resident person fails to deduct, withhold or remit an amount as required by subsection 153(1) in respect of a contribution under a retirement compensation arrangement that is paid on behalf of the employees or former employees of an employer with whom the non-resident person does not deal at arm's length, the employer is jointly and severally liable with the non-resident person to pay any amount payable under subsection (8), (8.2), (8.3), (9), (9.2) or (9.4) by the non-resident person in respect of the contribution.

(6) Subsections 227(6.1) and (7.1) of the Act, as enacted by subsection (1), apply to repayments made after December 21, 1992.

(7) Subsection (2) applies after May 28, 1993.

(8) Subsection (4) applies to amounts that become payable after 1990 except that, in applying subsection 227(10.1) of the Act, as enacted by subsection (4), to amounts that became payable before the day this Act is assented to, it shall be read without reference to paragraph (a.1).

105. (1) Subsection 230(2) of the Act is replaced by the following:

Idem

(2) Every registered charity and registered Canadian amateur athletic association shall keep records and books of account at an address in Canada recorded with the Minister or designated by the Minister containing

    (a) information in such form as will enable the Minister to determine whether there are any grounds for the revocation of its registration under this Act;

    (b) a duplicate of each receipt containing prescribed information for a donation received by it; and

    (c) other information in such form as will enable the Minister to verify the donations to it for which a deduction or tax credit is available under this Act.

(2) Subsection (1) applies after December 21, 1992.

106. Subsections 230.1(4) and (5) of the Act are repealed.

107. Subsection 231.1(3) of the Act is replaced by the following:

Application

(3) Where, on ex parte application by the Minister, a judge is satisfied by information on oath that

    (a) there are reasonable grounds to believe that a dwelling-house is a premises or place referred to in paragraph (1)(c),

    (b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

    (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused,

the judge may issue a warrant authorizing an authorized person to enter the dwelling-house subject to such conditions as are specified in the warrant but, where the judge is not satisfied that entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, the judge may

    (d) order the occupant of the dwelling-house to provide to an authorized person reasonable access to any document or property that is or should be kept in the dwelling-house, and

    (e) make such other order as is appropriate in the circumstances to carry out the purposes of this Act,

to the extent that access was or may be expected to be refused and that the document or property is or may be expected to be kept in the dwelling-house.

108. Subsection 231.3(3) of the Act is replaced by the following:

Evidence

(3) A judge may issue the warrant referred to in subsection (1) where the judge is satisfied that there are reasonable grounds to believe that

    (a) an offence under this Act was committed;

    (b) a document or thing that may afford evidence of the commission of the offence is likely to be found; and

    (c) the building, receptacle or place specified in the application is likely to contain such a document or thing.

109. (1) The definition ``minerals'' in subsection 248(1) of the Act is repealed.

(2) Paragraph (e) of the definition ``employee benefit plan'' in subsection 248(1) of the Act is replaced by the following:

      (e) a prescribed arrangement;

(3) Subparagraph (d)(ii) of the definition ``mineral resource'' in subsection 248(1) of the Act is replaced by the following:

        (ii) the principal mineral extracted is calcium chloride, diamond, gypsum, halite, kaolin or sylvite, or

(4) The portion of the definition ``taxable Canadian property'' in subsection 248(1) of the Act before paragraph (a) is replaced by the following:

``taxable Canadian property''
« bien canadien imposable »

``taxable Canadian property'' has the meaning assigned by subsection 115(1) except that, for the purposes only of sections 2 and 128.1, the expression ``taxable Canadian property'' includes

(5) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

``mineral''
« minéral »

``mineral'' includes bituminous sands, calcium chloride, coal, kaolin, oil sands, oil shale and silica, but does not include petroleum, natural gas or a related hydrocarbon not expressly referred to in this definition;

(6) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

``securities lending arrangement''
« mécanisme de prêt... »

``securities lending arrangement'' has the meaning assigned by subsection 260(1);

(7) The definition ``disclaimer'' in subsection 248(9) of the Act is replaced by the following:

``disclaimer''
« renonciation »

``disclaimer'' includes a renunciation of a succession made under the laws of the Province of Quebec that is not made in favour of any person, but does not include any disclaimer made after the period ending 36 months after the death of the taxpayer unless written application therefor has been made to the Minister by the taxpayer's legal representative within that period and the disclaimer is made within such longer period as the Minister considers reasonable in the circumstances;

(8) Subsection 248(23) of the Act is replaced by the following:

Dissolution of a matrimonial regime

(23) Where, immediately after the dissolution of a matrimonial regime (other than a dissolution occurring as a consequence of death), the owner of a property that was subject to that regime is not the person, or the estate of the person, who is deemed by subsection (22) to have been the owner of the property immediately before the dissolution, the person shall be deemed for the purposes of this Act to have transferred the property to the person's spouse immediately before the dissolution.

Transfers after death

(23.1) Where, as a consequence of the laws of a province relating to spouses' interests in respect of property as a result of marriage, property is, after the death of a taxpayer,

    (a) transferred or distributed to a person who was the taxpayer's spouse at the time of the death, or acquired by that person, the property shall be deemed to have been so transferred, distributed or acquired, as the case may be, as a consequence of the death; or

    (b) transferred or distributed to the taxpayer's estate, or acquired by the taxpayer's estate, the property shall be deemed to have been so transferred, distributed or acquired, as the case may be, immediately before the time that is immediately before the death.

(9) Subsection 248(25) of the Act is replaced by the following:

Beneficially interested

(25) For the purposes of this Act, a person or partnership is beneficially interested in a particular trust if the person or partnership has any right (whether immediate or future, whether absolute or contingent or whether conditional on or subject to the exercise of any discretionary power by any person or persons) as a beneficiary under a trust to receive any of the income or capital of the particular trust either directly from the particular trust or indirectly through one or more other trusts.

(10) Subsections (1), (3) and (5) apply to taxation years that begin after 1984, except that

    (a) the definition ``mineral'' in subsection 248(1) of the Act, as enacted by subsection (5), shall be read without reference to the word ``kaolin'' in respect of taxation years that end before 1988; and

    (b) subparagraph (d)(ii) of the definition ``mineral resource'' in subsection 248(1) of the Act, as enacted by subsection (3), shall be read without reference to the word ``kaolin'' in respect of taxation years that end before 1988 and without reference to the word ``diamond'' in respect of taxation years that end before 1993.

(11) Subsection (2) applies after 1979.

(12) Subsection (4) applies after 1992 except that, where a corporation elects in accordance with paragraph 111(4)(a), subsection (4) applies to the corporation from the corporation's time of continuation (within the meaning assigned by that paragraph).

(13) Subsection (6) applies to the 1993 and subsequent taxation years.

(14) Subsection (8) applies to dissolutions and deaths occurring after December 21, 1992.

(15) Subsection (9) applies after 1990.

110. (1) Paragraph 249(4)(c) of the Act is replaced by the following:

    (c) subject to paragraph 128(1)(d), section 128.1 and paragraph 149(10)(a), and notwithstanding subsections (1) and (3), where the taxation year of the corporation that would, but for this subsection, have been its last taxation year that ended before that time would, but for this paragraph, have ended within the 7-day period that ended immediately before that time, that taxation year shall, except where control of the corporation was acquired by a person or group of persons within that period, be deemed to end immediately before that time where the corporation so elects in its return of income under Part I for that taxation year; and

(2) Subsection (1) applies after 1992 except that, where a corporation elects in accordance with paragraph 111(4)(a), subsection (1) applies to the corporation from the corporation's time of continuation (within the meaning assigned by that paragraph).

111. (1) Paragraph 250(1)(f) of the Act is replaced by the following:

    (f) was at any time in the year a child of, and dependent for support on, an individual to whom paragraph (b), (c), (d) or (d.1) applies and the person's income for the year did not exceed the amount used for the year under paragraph (c) of the description of B in subsection 118(1).

(2) Section 250 of the Act is amended by adding the following after subsection (5):

Continued corporation

(5.1) Where a corporation is at any time (in this subsection referred to as the ``time of continuation'') granted articles of continuance (or similar constitutional documents) in a particular jurisdiction, the corporation shall