|
(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.
|
|