(a) for the purposes of applying this Act (other than subsection (4)) in respect of all times from the time of continuation until the time, if any, of continuation in a different jurisdiction, be deemed to have been incorporated in the particular jurisdiction and not to have been incorporated in any other jurisdiction; and

    (b) for the purpose of applying subsection (4) in respect of all times from the time of continuation until the time, if any, of continuation in a different jurisdiction, be deemed to have been incorporated in the particular jurisdiction at the time of continuation and not to have been incorporated in any other jurisdiction.

(3) Subsection (1) applies to the 1993 and subsequent taxation years.

(4) Subsection (2) applies

    (a) to a corporation that was at any time before 1993 granted articles of continuance or similar constitutional documents in a jurisdiction and that elects, by notifying the Minister of National Revenue in writing before the end of the sixth month after the month in which this Act is assented to, to have subsection (2) apply to those articles or other documents, from the time (in this subsection referred to as the corporation's ``time of continuation'') at which the corporation was granted those articles or other documents, and

    (b) to a corporation with respect to articles of continuance or similar constitutional documents granted after 1992, except where

      (i) the articles or other documents were granted before July 1994,

      (ii) arrangements, evidenced in writing, for obtaining the articles or other documents were substantially advanced before December 21, 1992, and

      (iii) the corporation elects, by notifying the Minister of National Revenue in writing before the end of the sixth month after the month in which this Act is assented to, to have subsection (2) not apply,

and, notwithstanding subsections 152(4) to (5) of the Income Tax Act, such assessments and determinations in respect of any taxation year shall be made as are necessary to give effect to elections made under paragraph (a).

112. (1) Subparagraph 252(4)(a)(ii) of the Act is replaced by the following:

      (ii) is a parent of a child of whom the taxpayer is a parent (otherwise than because of the application of subparagraph (2)(a)(iii))

(2) Subsection (1) applies after 1992.

113. (1) The Act is amended by adding the following after section 252:

Union employer

252.1 All the structural units of a trade union, including each local, branch, national and international unit, shall be deemed to be a single employer and a single entity for the purposes of the provisions of this Act and the regulations relating to

    (a) pension adjustments and past service pension adjustments for years after 1994;

    (b) the determination of whether a pension plan is, in a year after 1994, a multi-employer plan or a specified multi-employer plan (within the meanings assigned by subsection 147.1(1));

    (c) the determination of whether a contribution made under a plan or arrangement is a resident's contribution (within the meaning assigned by subsection 207.6(5.1)); and

    (d) the deduction or withholding and the remittance of any amount as required by subsection 153(1) in respect of a contribution made after 1991 under a retirement compensation arrangement.

(2) Subsection (1) applies after October 8, 1986.

114. (1) The portion of subsection 256(7) of the Act before paragraph (b) is replaced by the following:

Acquiring control

(7) For the purposes of subsection 13(24), section 37, subsections 66(11), (11.4) and (11.5), 66.5(3), 66.7(10) and (11), 85(1.2), 87(2.1) and (2.11), 88(1.1) and (1.2) and 89(1.1), sections 111 and 127 and subsection 249(4),

    (a) control of a particular corporation shall be deemed not to have been acquired solely because of

      (i) the acquisition at any time of shares of any corporation by

        (A) a particular person who acquired the shares from a person to whom the particular person was related (otherwise than because of a right referred to in paragraph 251(5)(b)) immediately before that time,

        (B) a particular person who was related to the particular corporation (otherwise than because of a right referred to in paragraph 251(5)(b)) immediately before that time,

        (C) an estate that acquired the shares because of the death of a person, or

        (D) a particular person who acquired the shares from an estate that arose on the death of another person to whom the particular person was related, or

      (ii) the redemption or cancellation at any time of shares of the particular corporation or of a corporation controlling the particular corporation, where the person or each member of the group of persons that controls the corporation immediately after that time was related to the corporation (otherwise than because of a right referred to in paragraph 251(5)(b)) immediately before that time; and

(2) Subsection (1) applies to acquisitions, redemptions and cancellations occurring after 1992.

115. (1) Section 259 of the Act is replaced by the following:

Proportional holdings in trust property

259. (1) For the purposes of subsections 146(6), (10) and (10.1) and 146.3(7), (8) and (9) and Parts X, X.2, XI and XI.1, where at any time a taxpayer described in section 205 acquires, holds or disposes of a particular unit in a qualified trust and the trust elects for any period that includes that time to have the provisions of this subsection apply,

    (a) the taxpayer shall be deemed not to acquire, hold or dispose of at that time, as the case may be, the particular unit;

    (b) where the taxpayer holds the particular unit at that time, the taxpayer shall be deemed to hold at that time that proportion (referred to in this subsection as the ``specified portion'') of each property (in this subsection referred to as a ``relevant property'') held by the trust at that time that one (or, where the particular unit is a fraction of a whole unit, that fraction) is of the number of units of the trust outstanding at that time;

    (c) the cost amount to the taxpayer at that time of the specified portion of a relevant property shall be deemed to be equal to the specified portion of the cost amount at that time to the trust of the relevant property;

    (d) where that time is the later of

      (i) the time the trust acquires the relevant property, and

      (ii) the time the taxpayer acquires the particular unit,

    the taxpayer shall be deemed to acquire the specified portion of a relevant property at that time;

    (e) where that time is the time the specified portion of a relevant property is deemed by paragraph (d) to have been acquired, the fair market value of the specified portion of the relevant property at that time shall be deemed to be the specified portion of the fair market value of the relevant property at the time of its acquisition by the trust;

    (f) where that time is the time immediately before the time the trust disposes of a particular relevant property, the taxpayer shall be deemed to dispose of, immediately after that time, the specified portion of the particular relevant property for proceeds equal to the specified portion of the proceeds of disposition to the trust of the particular relevant property;

    (g) where that time is the time immediately before the time the taxpayer disposes of the particular unit, the taxpayer shall be deemed to dispose of, immediately after that time, the specified portion of each relevant property for proceeds equal to the specified portion of the fair market value of that relevant property at that time; and

    (h) where the taxpayer is deemed because of this subsection

      (i) to have acquired a portion of a relevant property as a consequence of the acquisition of the particular unit by the taxpayer and the acquisition of the relevant property by the trust, and

      (ii) subsequently to have disposed of the specified portion of the relevant property,

    the specified portion of the relevant property shall, for the purposes of determining the consequences under this Act of the disposition and without affecting the proceeds of disposition of the specified portion of the relevant property, be deemed to be the portion of the relevant property referred to in subparagraph (i).

Proportional holdings in corporate property

(2) Subsection (1) applies to an election by a qualified corporation as if

    (a) the reference to ``a qualified trust'' were read as ``the capital stock of a qualified corporation'';

    (b) the references to ``unit'' were read as ``share''; and

    (c) the references to ``the trust'' were read as ``the corporation''.

Election

(3) The election by a trust or a corporation (in this subsection referred to as the ``elector'') under subsection (1) shall be made by the elector filing a prescribed form with the Minister and shall apply for the period beginning 15 months before the day of filing thereof (or such later time as the elector designates in its election) and ending at such time as the election is revoked by the elector filing with the Minister a notice of revocation (or at such earlier time within the 15-month period before the day on which the notice of revocation is filed with the Minister as the elector designates in its notice of revocation).

Requirement to provide information

(4) Where a trust or a corporation elects under subsection (1),

    (a) it shall, not more than 30 days after making the election, notify each person who, before the election is made and during the period for which the election is made, held a unit in the trust or a share in the capital stock of the corporation, as the case may be, of the election; and

    (b) where any person who holds such a unit or share during the period for which the election is made makes a written request to the trust or the corporation for information that is necessary for the purpose of determining the consequences under this Act of the election for that person, the trust or the corporation, as the case may be, shall provide the person with that information not more than 30 days after the receipt of the request.

Definitions

(5) In this section,

``qualified corporation''
« corporation admissible »

``qualified corporation'' at any time means a corporation described in paragraph 149(1)(o.2) where, at that time,

      (a) all the issued and outstanding shares of the capital stock of the corporation are identical to each other, or

      (b) all the issued and outstanding shares of the capital stock of the corporation are held by one person;

``qualified trust''
« fiducie admissible »

``qualified trust'' at any time means a trust (other than a registered investment or a trust that is prescribed to be a small business investment trust) where

      (a) each trustee of the trust at that time is a corporation that is licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as a trustee or a person who is a trustee of a trust governed by a registered pension plan,

      (b) all the interests of the beneficiaries under the trust at that time are described by reference to units of the trust all of which are at that time identical to each other,

      (c) it has never before that time borrowed money except where the borrowing was for a term not exceeding 90 days and the borrowing was not part of a series of loans or other transactions and repayments, and

      (d) it has never before that time accepted deposits.

(2) Subsections 259(1), (3) and (5) of the Act, as enacted by subsection (1), apply to periods occurring after 1985.

(3) Subsection 259(2) of the Act, as enacted by subsection (1), applies to periods occurring after 1991.

(4) Subsection 259(4) of the Act, as enacted by subsection (1), applies to elections made after December 21, 1992.

116. (1) Paragraph 260(8)(a) of the Act is amended by striking out the word ``and'' at the end of subparagraph (i) and by adding the following after subparagraph (ii):

      (iii) the security shall be deemed to be a security described in subparagraph 212(1)(b)(ii) if it is a security described in paragraph (c) of the definition ``qualified security'' in subsection (1), and

(2) Subsection (1) applies to securities lending arrangements entered into after May 28, 1993.

117. Notwithstanding any other provision of the Act or of this Act, nothing in this Act shall affect the amount of any interest payable under the Income Tax Act by a life insurance corporation in respect of any period, or part of a period, that is before March 15, 1993.