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104. (1) Subsections 227(4) to (7) of the
Act are replaced by the following:
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Money held in
trust
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(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.
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Excess
withheld,
returned or
applied
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(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.
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Repayment of
non-resident
shareholder
loan
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(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
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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.
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Application
for assessment
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(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
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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.
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Application
for
determination
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(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.
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(2) Subsection 227(9.3) of the Act is
replaced by the following:
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Interest on
certain tax not
paid
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(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.
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(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):
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(4) Subsection 227(10.1) of the Act is
replaced by the following:
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Idem
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(10.1) The Minister may at any time assess
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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.
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(5) Section 227 of the Act is amended by
adding the following after subsection
(10.1):
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Joint and
several
liability re
contributions
to RCA
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(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.
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(6) Subsections 227(6.1) and (7.1) of the
Act, as enacted by subsection (1), apply to
repayments made after December 21, 1992.
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(7) Subsection (2) applies after May 28,
1993.
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(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).
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105. (1) Subsection 230(2) of the Act is
replaced by the following:
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Idem
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(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
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(2) Subsection (1) applies after December
21, 1992.
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106. Subsections 230.1(4) and (5) of the
Act are repealed.
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107. Subsection 231.1(3) of the Act is
replaced by the following:
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Application
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(3) Where, on ex parte application by the
Minister, a judge is satisfied by information on
oath that
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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
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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.
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108. Subsection 231.3(3) of the Act is
replaced by the following:
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Evidence
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(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
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109. (1) The definition ``minerals'' in
subsection 248(1) of the Act is repealed.
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(2) Paragraph (e) of the definition
``employee benefit plan'' in subsection
248(1) of the Act is replaced by the
following:
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(3) Subparagraph (d)(ii) of the definition
``mineral resource'' in subsection 248(1) of
the Act is replaced by the following:
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(4) The portion of the definition ``taxable
Canadian property'' in subsection 248(1) of
the Act before paragraph (a) is replaced by
the following:
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``taxable
Canadian
property'' « bien canadien imposable »
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``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
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(5) Subsection 248(1) of the Act is
amended by adding the following in
alphabetical order:
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``mineral'' « minéral »
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``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;
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(6) Subsection 248(1) of the Act is
amended by adding the following in
alphabetical order:
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``securities
lending
arrangement'' « mécanisme de prêt... »
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``securities lending arrangement'' has the
meaning assigned by subsection 260(1);
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(7) The definition ``disclaimer'' in
subsection 248(9) of the Act is replaced by
the following:
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``disclaimer'' « renonciation »
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``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;
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(8) Subsection 248(23) of the Act is
replaced by the following:
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Dissolution of
a matrimonial
regime
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(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.
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Transfers after
death
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(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,
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(9) Subsection 248(25) of the Act is
replaced by the following:
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Beneficially
interested
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(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.
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(10) Subsections (1), (3) and (5) apply to
taxation years that begin after 1984, except
that
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(11) Subsection (2) applies after 1979.
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(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).
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(13) Subsection (6) applies to the 1993
and subsequent taxation years.
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(14) Subsection (8) applies to dissolutions
and deaths occurring after December 21,
1992.
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(15) Subsection (9) applies after 1990.
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110. (1) Paragraph 249(4)(c) of the Act is
replaced by the following:
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(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).
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111. (1) Paragraph 250(1)(f) of the Act is
replaced by the following:
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(2) Section 250 of the Act is amended by
adding the following after subsection (5):
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Continued
corporation
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(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
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