``capital gains
dividend
account''
« compte de
dividendes sur
les gains en
capital »
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``capital gains dividend account'' of a mutual
fund corporation at any time means the
amount, if any, by which
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(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
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(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,
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(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
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(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;
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(4) Subsection (1) applies to dividends
paid after February 22, 1994.
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(5) Subsections (2) and (3) apply after
February 22, 1994.
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42. (1) Subsection 144(4) of the Act is
replaced by the following:
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Allocated
capital gains
and losses
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(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.
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(2) Subsection (1) applies to the 1994 and
subsequent taxation years.
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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:
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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);
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(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):
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(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
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(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):
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(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
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(4) Subsection (1) applies to the 1995 and
subsequent taxation years.
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(5) Subsections (2) and (3) apply to the
withdrawal of amounts paid after March 1,
1994.
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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:
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(b) where the amount was received after
March 1, 1993 and before March 2, 1994,
October 1, 1994, and
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(c) in any other case, October 1 of the
calendar year following the calendar year
in which the amount was received;
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(2) Paragraph (a) of the definition
``eligible amount'' in subsection 146.01(1)
of the Act is replaced by the following:
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(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,
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(3) The definition ``eligible amount'' in
subsection 146.01(1) of the Act is amended
by adding the following after paragraph
(d):
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(d.1) if the particular time is after March
1, 1994,
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(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
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(ii) the individual's spouse did not
have an owner-occupied home in the
period referred to in subparagraph (i)
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(A) that is inhabited by the
individual during the spouse's
marriage to the individual, or
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(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,
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(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:
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(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,
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(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
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(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;
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(5) Subsection 146.01(2) of the Act is
amended by adding the following after
paragraph (a):
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(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
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(i) the housing unit is inhabited by the
individual as the individual's principal
place of residence at that time, or
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(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;
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(6) Subparagraphs 146.01(2)(d)(ii) and
(iii) of the Act are replaced by the following:
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(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
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(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,
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(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:
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(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,
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(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
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(iii) the individual does not elect by
notifying the Minister in writing before
the end of 1995 that this paragraph not
apply
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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
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(i) an individual receives an eligible
amount in a particular calendar year,
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(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
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(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
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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.
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(8) Subsection 146.01(3) of the Act is
replaced by the following:
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Repayment of
eligible
amount
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(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
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(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
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(b) the amount, if any, by which
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(i) the total of all eligible amounts
received by the individual before the end
of the year
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(ii) all amounts designated by the
individual under this subsection for
preceding taxation years, and
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(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.
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(9) Paragraph (a) of the description of A
in subsection 146.01(4) of the Act is
replaced by the following:
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(i) the individual died or ceased to be
resident in Canada in the particular
year, or
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(ii) the completion date in respect of an
eligible amount received by the
individual was in the particular year
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(10) The descriptions of D and E in
subsection 146.01(4) of the Act are replaced
by the following:
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D is the lesser of 14 and the number of taxation
years of the individual ending in the period
beginning
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(a) where the completion date in respect
of an eligible amount received by the
individual was before 1995, January 1,
1995, and
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(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
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and ending at the beginning of the particular
year, and
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E is
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(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,
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(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
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(c) in any other case, the total of all
amounts designated under subsection (3)
by the individual for the particular year.
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(11) Paragraph 146.01(5)(b) of the Act is
replaced by the following:
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(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
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(12) Subsection 146.01(7) of the Act is
replaced by the following:
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Where
subsection (6
) does not
apply
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(7) Where
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(a) an individual's spouse was resident in
Canada immediately before the death of the
individual in a taxation year,
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(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
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(i) the spouse or the individual did not
receive any eligible amount before the
death, or
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(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,
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the following rules apply:
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(d) subsection (6) does not apply to the
individual;
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(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;
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(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
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(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
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