``capital gains dividend account''
« compte de dividendes sur les gains en capital »

``capital gains dividend account'' of a mutual fund corporation at any time means the amount, if any, by which

      (a) its capital gains, for all taxation years that began more than 60 days before that time, from dispositions of property after 1971 and before that time while it was a mutual fund corporation

    exceeds

      (b) the total of

        (i) its capital losses, for all taxation years that began more than 60 days before that time, from dispositions of property after 1971 and before that time while it was a mutual fund corporation,

        (ii) all capital gains dividends that became payable by the corporation before that time and more than 60 days after the end of the last taxation year that ended more than 60 days before that time, and

        (iii) all amounts each of which is an amount in respect of any taxation year that ended more than 60 days before that time throughout which it was a mutual fund corporation, equal to 100/21 of its capital gains refund for that year;

(4) Subsection (1) applies to dividends paid after February 22, 1994.

(5) Subsections (2) and (3) apply after February 22, 1994.

42. (1) Subsection 144(4) of the Act is replaced by the following:

Allocated capital gains and losses

(4) Each capital gain and capital loss of a trust governed by an employees profit sharing plan from the disposition of any property shall, to the extent that it is allocated by the trust to an employee who is a beneficiary under the plan, be deemed to be a capital gain or capital loss, as the case may be, of the employee from the disposition of that property for the taxation year of the employee in which the allocation was made and, for the purposes of section 110.6, the property shall be deemed to have been disposed of by the employee on the day on which it was disposed of by the trust.

(2) Subsection (1) applies to the 1994 and subsequent taxation years.

43. (1) The portion of the definition ``premium'' in subsection 146(1) of the English version of the Act after paragraph (b) is replaced by the following:

    but, except for the purposes of paragraph (b) of the definition ``benefit'' in this subsection and paragraph (2)(b.3), does not include a repayment described in subparagraph (b)(ii) of the definition ``excluded withdrawal'' in subsection 146.01(1) or an amount designated under subsection 146.01(3);

(2) Paragraph 146(5)(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (iii), by adding the word ``or'' at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

      (iv.1) that would be considered to be withdrawn by the taxpayer as an eligible amount (within the meaning assigned by subsection 146.01(1)) less than 90 days after it was paid, if earnings in respect of a registered retirement savings plan were considered to be withdrawn before premiums paid under that plan and premiums were considered to be withdrawn in the order in which they were paid

(3) Paragraph 146(5.1)(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (ii), by replacing the word ``and'' at the end of subparagraph (iii) with the word ``or'' and by adding the following after subparagraph (iii):

      (iv) that would be considered to be withdrawn by the taxpayer's spouse as an eligible amount (within the meaning assigned by subsection 146.01(1)) less than 90 days after it was paid, if earnings in respect of a registered retirement savings plan were considered to be withdrawn before premiums paid under that plan and premiums were considered to be withdrawn in the order in which they were paid, and

(4) Subsection (1) applies to the 1995 and subsequent taxation years.

(5) Subsections (2) and (3) apply to the withdrawal of amounts paid after March 1, 1994.

44. (1) The definition ``completion date'' in subsection 146.01(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (a) and by replacing paragraph (b) with the following:

      (b) where the amount was received after March 1, 1993 and before March 2, 1994, October 1, 1994, and

      (c) in any other case, October 1 of the calendar year following the calendar year in which the amount was received;

(2) Paragraph (a) of the definition ``eligible amount'' in subsection 146.01(1) of the Act is replaced by the following:

      (a) the amount is received after February 25, 1992 pursuant to the written request of the individual in prescribed form in which the individual sets out the location of a qualifying home that the individual has begun, or intends not later than one year after its acquisition by the individual to begin, using as a principal place of residence,

(3) The definition ``eligible amount'' in subsection 146.01(1) of the Act is amended by adding the following after paragraph (d):

      (d.1) if the particular time is after March 1, 1994,

        (i) the individual did not have an owner-occupied home in the period that began at the beginning of the fourth preceding calendar year that ended before the particular time and ended on the 31st day before the particular time, and

        (ii) the individual's spouse did not have an owner-occupied home in the period referred to in subparagraph (i)

          (A) that is inhabited by the individual during the spouse's marriage to the individual, or

          (B) that is a share of the capital stock of a cooperative housing corporation that relates to a housing unit that is inhabited by the individual during the spouse's marriage to the individual,

(4) The definition ``eligible amount'' in subsection 146.01(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (f) and by replacing paragraph (g) with the following:

      (g) if the particular time is after March 1, 1993 and before March 2, 1994, neither the individual, nor another individual who was, at any time after February 25, 1992 and before the particular time, a spouse of the individual, received an eligible amount before March 2, 1993,

      (h) if the particular time is after March 1, 1994 and before 1995, the individual did not receive an eligible amount before March 2, 1994, and

      (i) if the particular time is after 1994, the individual did not receive an eligible amount before the calendar year that includes the particular time;

(5) Subsection 146.01(2) of the Act is amended by adding the following after paragraph (a):

    (a.1) an individual shall be considered to have an owner-occupied home at any time where, at that time, the individual owns, whether jointly with another person or otherwise, a housing unit or a share of the capital stock of a cooperative housing corporation and

      (i) the housing unit is inhabited by the individual as the individual's principal place of residence at that time, or

      (ii) the share was acquired for the purpose of acquiring a right to possess a housing unit owned by the corporation and that unit is inhabited by the individual as the individual's principal place of residence at that time;

(6) Subparagraphs 146.01(2)(d)(ii) and (iii) of the Act are replaced by the following:

      (ii) at a particular time after March 1, 1993 and before April 1993 (or at such later time in 1993 as is acceptable to the Minister), the individual receives another amount that would, if the definition ``eligible amount'' in subsection (1) were read without reference to paragraph (g) thereof, be an eligible amount, and

      (iii) the request described in paragraph (a) of the definition ``eligible amount'' in subsection (1) pursuant to which the other amount was received was made before March 2, 1993 or at such later time as is acceptable to the Minister,

(7) Subsection 146.01(2) of the Act is amended by striking out the word ``and'' at the end of paragraph (d) and by replacing paragraph (e) with the following:

    (e) where

      (i) at a particular time after March 1, 1994 and before April 1994 (or at such later time in 1994 as is acceptable to the Minister), an individual receives an amount that would, if paragraph (g) of the definition ``eligible amount'' in subsection (1) were read without reference to the words ``and before March 2, 1994'' and that definition were read without reference to paragraphs (d.1) and (h) thereof, be an eligible amount,

      (ii) the request described in paragraph (a) of the definition ``eligible amount'' in subsection (1) pursuant to which the amount was received was made before March 2, 1994 or, where the individual received an eligible amount before March 2, 1994, at such later time as is acceptable to the Minister, and

      (iii) the individual does not elect by notifying the Minister in writing before the end of 1995 that this paragraph not apply

    except for the purposes of this paragraph and paragraphs (a) to (f) of the definition ``eligible amount'' in subsection (1), that amount shall be deemed to have been received by the individual on March 1, 1994 and not at the particular time and any premium paid under a registered retirement savings plan by the individual or the individual's spouse after March 1, 1994 and before the particular time shall be deemed to have been paid on March 1, 1994; and

    (f) where

      (i) an individual receives an eligible amount in a particular calendar year,

      (ii) at a particular time in January of the following calendar year (or at such later time in that following year as is acceptable to the Minister), an individual receives another amount that would, if the definition ``eligible amount'' in subsection (1) were read without reference to paragraph (i) thereof, be an eligible amount, and

      (iii) the request described in paragraph (a) of the definition ``eligible amount'' in subsection (1) pursuant to which the other amount was received was made before the end of the particular calendar year

    except for the purposes of this paragraph and paragraphs (a) to (h) of the definition ``eligible amount'' in subsection (1), the other amount shall be deemed to have been received by the individual at the end of the particular calendar year and not at the particular time.

(8) Subsection 146.01(3) of the Act is replaced by the following:

Repayment of eligible amount

(3) An individual may designate a single amount for a taxation year in prescribed form filed with the individual's return of income under this Part for the year or, if that return is not required to be filed, filed with the Minister on or before the balance-due day of the individual for the year, where the amount does not exceed the lesser of

    (a) the total of all amounts (other than excluded premiums and amounts paid by the individual in the first 60 days of the year that can reasonably be considered to have been either deducted in computing the individual's income for the preceding taxation year or designated under this subsection for the preceding taxation year) paid by the individual in the year or within 60 days after the end of the year under a retirement savings plan that is at the end of the year or the following taxation year a registered retirement savings plan under which the individual is the annuitant, and

    (b) the amount, if any, by which

      (i) the total of all eligible amounts received by the individual before the end of the year

    exceeds the total of

      (ii) all amounts designated by the individual under this subsection for preceding taxation years, and

      (iii) all amounts each of which is an amount included in computing the income of the individual under subsection (4) or (5) for a preceding taxation year.

(9) Paragraph (a) of the description of A in subsection 146.01(4) of the Act is replaced by the following:

      (a) where

        (i) the individual died or ceased to be resident in Canada in the particular year, or

        (ii) the completion date in respect of an eligible amount received by the individual was in the particular year

      nil, and

(10) The descriptions of D and E in subsection 146.01(4) of the Act are replaced by the following:

D is the lesser of 14 and the number of taxation years of the individual ending in the period beginning

      (a) where the completion date in respect of an eligible amount received by the individual was before 1995, January 1, 1995, and

      (b) in any other case, January 1 of the first calendar year beginning after the completion date in respect of an eligible amount received by the individual

    and ending at the beginning of the particular year, and

E is

      (a) where the particular year is the 1995 taxation year, the total of all amounts each of which is an amount designated under subsection (3) by the individual for the particular year or a preceding taxation year,

      (b) where the particular year begins after 1995 and the completion date in respect of an eligible amount received by the individual was in the preceding taxation year, the total of all amounts each of which is designated under subsection (3) by the individual for the particular year or a preceding taxation year, and

      (c) in any other case, the total of all amounts designated under subsection (3) by the individual for the particular year.

(11) Paragraph 146.01(5)(b) of the Act is replaced by the following:

    (b) all amounts designated under subsection (3) by the individual in respect of amounts paid not later than 60 days after that time and before the individual files a return of income for the year, and

(12) Subsection 146.01(7) of the Act is replaced by the following:

Where subsection (6 ) does not apply

(7) Where

    (a) an individual's spouse was resident in Canada immediately before the death of the individual in a taxation year,

    (b) the spouse and the individual's legal representatives jointly so elect in writing in the individual's return of income under this Part for the year, and

    (c) either

      (i) the spouse or the individual did not receive any eligible amount before the death, or

      (ii) the spouse and the individual both received eligible amounts before the death and all the completion dates in respect of those amounts were the same or occurred before 1995,

the following rules apply:

    (d) subsection (6) does not apply to the individual;

    (e) the spouse shall be deemed to have received an eligible amount at the time of the death equal to the amount that would, but for this subsection, be determined under subsection (6) in respect of the individual;

    (f) for the purpose only of determining whether an amount received after the death is an eligible amount in respect of the spouse, the spouse shall be deemed to have received all eligible amounts in respect of the individual at the times that those amounts were received by the individual; and

    (g) the completion date in respect of the eligible amount deemed by paragraph (e) to have been received by the spouse shall be deemed to be