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60. (1) The description of B in subsection
118(2) of the Act is replaced by the follow
ing:
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B is 15% of the amount, if any, by which the
individual's income for the year would ex
ceed $25,921 if no amount were included in
respect of a gain from a disposition of prop
erty to which section 79 applies in comput
ing that income.
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(2) Subsection (1) applies to the 1994 and
subsequent taxation years, except that,
notwithstanding section 117.1 of the Act,
the value of B in subsection 118(2) of the Act
shall, for the 1994 taxation year, be deter
mined as the lesser of $1,741 and 7.5% of
the amount, if any, by which the individu
al's income for the year would exceed
$25,921 if no amount were included in
respect of a gain from a disposition of
property to which section 79 of the Act
applies in computing that income.
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61. (1) The portion of subsection 118.4(2)
of the Act before paragraph (a) is replaced
by the following:
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References to
``medical
doctors'', etc.
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(2) For the purposes of sections 63, 118.2
and 118.3, a reference to a medical doctor ,
medical practitioner, dentist, pharmacist,
nurse or optometrist is a reference to a person
authorized to practice as such,
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(2) Subsection (1) applies to taxation
years that end after November 1991.
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62. (1) Paragraph 118.5(1)(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (iii.1), by adding
the word ``or'' at the end of subparagraph
(iv) and by adding the following after
subparagraph (iv):
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(2) Subsection (1) applies to the 1994 and
subsequent taxation years.
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63. (1) The Act is amended by adding the
following after section 118.94:
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Credits in year
of bankruptcy
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118.95 Notwithstanding sections 118 to
118.9, for the purpose of computing an
individual's tax payable under this Part for a
taxation year that ends in a calendar year in
which the individual becomes bankrupt, the
individual shall be allowed only
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except that the total of the amounts so deduct
ible for all taxation years of the individual in
the calendar year under any of those provi
sions shall not exceed the amount that would
have been deductible under that provision in
respect of the calendar year if the individual
had not become bankrupt.
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(2) Subsection (1) applies to bankruptcies
that occur after April 26, 1995.
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64. (1) Paragraph 120.2(4)(a) of the Act is
replaced by the following:
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(2) Subsection (1) applies to taxation
years that begin after April 26, 1995.
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65. Subparagraph 122.2(1)(b)(i) of the
Act, as it reads in its application to the 1992
taxation year, is replaced by the following:
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66. (1) The definition ``adjusted income''
in subsection 122.5(1) of the Act is replaced
by the following:
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``adjusted
income'' « revenu rajusté »
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``adjusted income'' of an individual for a taxa
tion year means the total of all amounts
each of which would be the income for the
year of
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(2) The portion of the definition ``eligible
individual'' in subsection 122.5(1) of the Act
before paragraph (a) is replaced by the
following:
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``eligible
individual'' « particulier admissible »
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``eligible individual'' for a taxation year
means an individual (other than a trust)
who, at the end of December 31 of that year,
is resident in Canada and is
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(3) Section 122.5 of the Act is amended by
adding the following after subsection (6):
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Effect of
bankruptcy
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(7) For the purpose of this section, where in
a taxation year an individual becomes bank
rupt,
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(4) Subsection (1) applies to the 1992 and
subsequent taxation years.
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(5) Subsection (2) applies after April 26,
1995.
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(6) Subsection (3) applies to bankruptcies
that occur after April 26, 1995.
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67. (1) The definition ``adjusted income''
in section 122.6 of the Act is replaced by the
following:
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``adjusted
income'' « revenu modifié »
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``adjusted income'' of an individual for a taxa
tion year means the total of all amounts
each of which would be the income for the
year of the individual or of the person who
was the individual's cohabiting spouse at
the end of the year if no amount were in
cluded in respect of a gain from a disposi
tion of property to which section 79 applies
in computing that income ;
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(1.1) Subparagraph (e)(iii) of the defini
tion ``eligible individual'' in section 122.6 of
the Act is replaced by the following:
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(2) Paragraphs (g) and (h) of the defini
tion ``eligible individual'' in section 122.6 of
the Act are replaced by the following:
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(3) Subsection (1) applies in determining
the adjusted income of an individual for the
1992 and subsequent taxation years.
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(4) Subsection (1.1) applies after 1992.
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(5) Subsection (2) applies after August 27,
1995.
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68. (1) Section 122.61 of the Act is
amended by adding the following after
subsection (3):
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Effect of
bankruptcy
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(3.1) For the purposes of this subdivision,
where in a taxation year an individual be
comes bankrupt,
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(2) Subsection (1) applies to bankruptcies
that occur after April 26, 1995.
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69. (1) Subsections 122.62(1) and (2) of
the Act are replaced by the following:
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Eligible
individuals
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122.62 (1) For the purposes of this subdivi
sion, a person may be considered to be an
eligible individual in respect of a particular
qualified dependant at the beginning of a
month only if the person has, no later than 11
months after the end of the month, filed with
the Minister a notice in prescribed form
containing prescribed information .
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Extension for
notices
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(2) The Minister may at any time extend the
time for filing a notice under subsection (1).
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(2) Subsections 122.62(4) to (9) of the Act
are replaced by the following:
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Person
ceasing to be
an eligible
individual
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(4) Where during a particular month a
person ceases to be an eligible individual in
respect of a particular qualified dependant
(otherwise than because of the qualified
dependant attaining the age of 18 years), the
person shall notify the Minister of that fact
before the end of the first month following the
particular month.
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Death of
cohabiting
spouse
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(5) Where
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for the purpose of determining the amount
deemed under subsection 122.61(1) to be an
overpayment arising in any month after the
particular month on account of the individu
al's liability under this Part for the base taxa
tion year in relation to the particular month,
subject to any subsequent election under sub
section (6) or (7) ,
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Separation
from
cohabiting
spouse
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(6) Where
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for the purpose of determining the amount
deemed under subsection 122.61(1) to be an
overpayment arising in any month after the
particular month on account of the individu
al's liability under this Part for the base taxa
tion year in relation to the particular month,
subject to any subsequent election under sub
section (5) or (7) ,
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Person
becoming a
cohabiting
spouse
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(7) Where
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for the purpose of determining the amount
deemed by subsection 122.61(1) to be an over
payment arising in any month after the partic
ular month on account of the eligible individu
al's liability under this Part for the year, the
taxpayer is deemed to have been the eligible
individual's cohabiting spouse throughout the
period that began immediately before the end
of the base taxation year in relation to the par
ticular month and ended at the particular time.
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(3) Subsections (1) and (2) apply after
August 27, 1995.
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70. (1) Subsection 122.63(1) of the Act is
replaced by the following:
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Agreement
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122.63 (1) The Minister of Finance may
enter into an agreement with the government
of a province whereby the amounts deter
mined under paragraph (a) of the description
of A in subsection 122.61(1) with respect to
persons resident in the province shall, for the
purpose of calculating overpayments deemed
to arise under that subsection, be replaced by
amounts determined in accordance with the
agreement.
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(2) Subsection (1) applies after August 27,
1995.
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71. (1) Subsection 122.64(2) of the Act is
replaced by the following:
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Communi- cation of information
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(2) Notwithstanding subsection 241(1), an
official (as defined in subsection 241(10))
may provide information obtained under sub
section 122.62(1), (4), (5) , (6) or (7) or the
Family Allowances Act
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(2) Subsection 122.64(5) of the Act is
repealed.
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(3) Subsections (1) and (2) apply after
August 27, 1995, except that, before July 12,
1996, the reference in paragraph
122.64(2)(b) of the Act, as enacted by
subsection (1), to ``Human Resources De
velopment'' shall be read as a reference to
``National Health and Welfare''.
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72. (1) The portion of subsection 125(1) of
the Act before paragraph (a) is replaced by
the following:
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Small
business
deduction
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125. (1) There may be deducted from the
tax otherwise payable under this Part for a
taxation year by a corporation that was,
throughout the year, a Canadian-controlled
private corporation, an amount equal to 16%
of the least of
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(2) The definition ``Canadian-controlled
private corporation'' in subsection 125(7)
of the Act is replaced by the following:
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``Canadian- controlled private corporation'' « société privée sous contrôle canadien »
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``Canadian-controlled private corporation''
means a private corporation that is a Cana
dian corporation other than a corporation
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