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77. (1) Section 127.55 of the Act is
amended by striking out the word ``and'' at
the end of paragraph (d), by adding the
word ``and'' at the end of paragraph (e) and
by adding the following after paragraph
(e):
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(f) a taxation year of a trust throughout
which the trust is
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(i) a related segregated fund trust (within
the meaning assigned by paragraph
138.1(1)(a)),
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(ii) a mutual fund trust, or
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(iii) a trust prescribed to be a master
trust.
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(2) Subsection (1) applies to the 1992 and
subsequent taxation years.
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78. (1) The portion of paragraph
128(2)(e) of the Act after subparagraph (i)
is replaced by the following:
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(ii) in computing the individual's taxable
income for that taxation year, no deduc
tion were permitted by Division C, other
than
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(A) an amount under paragraph
110(1)(d), (d.1), (d.2) or (d.3) or
section 110.6 to the extent that the
amount is in respect of an amount
included in income under subpara
graph (i) for that taxation year, and
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(B) an amount under section 111 to the
extent that the amount was in respect
of a loss of the individual for any
taxation year that ended before the
individual was discharged absolutely
from bankruptcy, and
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(iii) in computing the tax payable under
this Part by the individual for that
taxation year, no deduction were allowed
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(A) under section 118, 118.2, 118.3,
118.5, 118.6, 118.8 or 118.9,
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(B) under section 118.1 with respect to
a gift made by the individual on or after
the day the individual became bank
rupt, and
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(C) under subsection 127(5) with re
spect to an expenditure incurred or
property acquired by the individual in
any taxation year that ends after the
individual was discharged absolutely
from bankruptcy,
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and the trustee is liable to pay any tax so
determined for that taxation year;
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(2) Paragraph 128(2)(f) of the Act is
amended by striking out the word ``and'' at
the end of subparagraph (ii) and by replac
ing the portion of that paragraph after
subparagraph (ii) with the following:
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(iii) in computing taxable income of the
individual for the year, no amount were
deductible under paragraph 110(1)(d),
(d.1), (d.2) or (d.3) or section 110.6 in
respect of an amount included in income
under subparagraph (e)(i), and no amount
were deductible under section 111, and
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(iv) in computing the tax payable under
this Part by the individual for the year, no
amount were deductible under section
118.1 or 120.2 or subsection 127(5),
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and the individual is liable to pay any tax so
determined for that taxation year;
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(3) Paragraph 128(2)(g) of the Act is
replaced by the following:
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(g) notwithstanding subparagraphs (e)(ii)
and (iii) and (f)(iii) and (iv), where an
individual was discharged absolutely from
bankruptcy,
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(i) in computing the taxable income of
the individual for any taxation year that
ends after the individual was so dis
charged, no amount shall be deducted
under section 111 in respect of losses for
taxation years preceding that in which
the individual was so discharged, and
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(ii) in computing the tax payable under
this Part by the individual for any taxa
tion year that ends after the individual
was so discharged,
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(A) no amount shall be deducted under
section 120.2 in respect of an amount
for any taxation year preceding that in
which the individual was so dis
charged,
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(B) no amount shall be deducted under
section 118.1 in respect of a gift made
by the individual in any taxation year
preceding that in which the individual
was so discharged, and
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(C) no amount shall be deducted under
subsection 127(5) in respect of an
expenditure incurred or a property
acquired by the individual in any
taxation year preceding that in which
the individual was so discharged;
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(4) Subsection 128(3) of the Act is re
pealed.
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(5) Subsections (1) to (4) apply to bank
ruptcies that occur after April 26, 1995.
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79. (1) Paragraph (c) of the description of
C in subsection 128.1(2) of the Act is
replaced by the following:
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(c) any amount claimed under paragraph
219(1)(j) by the corporation for its last
taxation year that began before the
particular time; and
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(2) Subsection (1) applies to taxation
years that begin after 1995, except that, in
its application to taxation years that begin
in 1996, the reference in paragraph (c) of
the description of C in subsection 128.1(2)
of the Act, as enacted by subsection (1), to
``paragraph 219(1)(j)'' shall be read as a
reference to ``paragraph 219(1)(h) as it read
in its application to the 1995 taxation year
or paragraph 219(1)(j)''.
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80. (1) Paragraph 129(1)(b) of the Act is
replaced by the following:
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(b) shall, with all due dispatch, make the
dividend refund after mailing the notice of
assessment if an application for it has been
made in writing by the corporation within
the period within which the Minister would
be allowed under subsection 152(4) to
assess tax payable under this Part by the
corporation for the year if that subsection
were read without reference to paragraph
152(4)(a) .
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(2) Subsection (1) applies after April 27,
1989.
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81. (1) The portion of subsection 130(2) of
the Act before paragraph (a) is replaced by
the following:
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Application of
ss. 131(1) to
(3.2) and (6)
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(2) Where a corporation was an investment
corporation throughout a taxation year (other
than a corporation that was a mutual fund
corporation throughout the year ), subsections
131(1) to (3.2) and (6) apply in respect of the
corporation for the year
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(2) Subparagraph 130(3)(a)(vii) of the
Act is replaced by the following:
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(vii) no person would be a specified
shareholder of the corporation in the year
if the references in the definition ``speci
fied shareholder'' in subsection 248(1) to
``not less than 10%'' were read as
references to ``more than 25%'', and
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(3) Subsection (1) applies to the 1993 and
subsequent taxation years.
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(4) Subsection (2) applies to taxation
years that begin after June 20, 1996, except
that, where
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(a) a corporation was an investment
corporation on June 20, 1996, and
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(b) a particular person would have been
a specified shareholder of the corpora
tion on June 20, 1996 if the references in
the definition ``specified shareholder'' in
subsection 248(1) of the Act to ``not less
than 10%'' were read as references to
``more than 25%'',
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subparagraph 130(3)(a)(vii) of the Act, as
enacted by subsection (2), applies with re
spect to the particular person and the cor
poration in the manner described in subsec
tions (5) to (7).
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(5) Where, after June 20, 1996 and before
the end of a taxation year of a corporation
described in paragraph (4)(a), a particular
person described in paragraph (4)(b) has
neither contributed capital to nor acquired
a share of the capital stock of the corpora
tion, subsection (2) does not apply with
respect to the particular person and the
corporation for the year.
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(6) Where, after June 20, 1996 and before
the end of a taxation year of a corporation
described in paragraph (4)(a), a particular
person described in paragraph (4)(b) has
acquired one or more shares of the capital
stock of the corporation, and each such
share was
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(a) a share that was held, at each particu
lar time after June 20, 1996 and before
the time (in this subsection referred to as
the ``acquisition time'') at which the
particular person acquired it, by the
particular person or by a person who was
related to the particular person from
June 20, 1996 to the particular time,
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(b) a share that was issued by the corpora
tion as a stock dividend to the particular
person, or
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(c) a share that was issued by the corpora
tion as a stock dividend to a person who
was related to the particular person from
June 20, 1996 to the time at which the
share was issued and that was held, at
each particular time from the time the
share was issued to the acquisition time,
by the particular person or by a person
who was related to the particular person
from June 20, 1996 to the particular time,
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subparagraph 130(3)(a)(vii) of the Act, as
enacted by subsection (2), shall be read as
follows with respect to the particular per
son and the corporation for the year:
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(vii) no person would be a specified
shareholder of the corporation in the year
if the references in the definition ``speci
fied shareholder'' in subsection 248(1) to
``not less than 10%'' were read as
references to ``more than the greatest
percentage that is the total percentage of
the shares of a class of the capital stock of
the corporation held at the end of June 20,
1996 by the person and other persons
with whom the person did not deal at
arm's length'', and
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(7) Where, after June 20, 1996 and before
the end of a taxation year of a corporation
described in paragraph (4)(a), a particular
person described in paragraph (4)(b) has
acquired a share of the capital stock of the
corporation other than a share described in
paragraph (6)(a), (b) or (c), subsection (2)
applies with respect to the particular per
son and the corporation for the year.
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(8) For the purposes of subsections (6)
and (7),
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(a) where at a particular time
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(i) a trust that existed on June 20, 1996
distributes a share of the capital stock
of a corporation to a person who was a
beneficiary under the trust throughout
the period from June 20, 1996 to the
particular time in satisfaction of all or
any part of the beneficiary's capital
interest in the trust, or
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(ii) a partnership that existed on June
20, 1996 distributes, on ceasing to exist,
a share of the capital stock of a
corporation or an interest in a share to
a person who was a member of the
partnership throughout the period
from June 20, 1996 to the particular
time,
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the share is deemed to have been owned
by the beneficiary or member from the
later of June 20, 1996 and the time the
share was last acquired by the trust or
partnership until the particular time;
and
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(b) where a person who is a beneficiary of
a trust or a member of a partnership is
deemed by paragraph (b), (c) or (e) of the
definition ``specified shareholder'' in
subsection 248(1) of the Act to own a
share owned by the partnership or trust,
the person is deemed to have acquired the
share at the later of the time the share was
acquired by the trust or partnership and
the time the person last became a benefi
ciary of the trust or a member of the
partnership.
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82. (1) Subparagraph 130.1(6)(f)(i) of the
Act is replaced by the following:
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(i) debts owing to the corporation that
were secured, whether by mortgages or in
any other manner, on houses (as defined
in section 2 of the National Housing Act)
or on property included within a housing
project (as defined in that section) , and
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(2) Subsection (1) is deemed to have come
into force on June 23, 1993.
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83. (1) Paragraph 131(2)(b) of the Act is
replaced by the following:
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(b) shall, with all due dispatch, make that
capital gains refund after mailing the notice
of assessment if an application for it has
been made in writing by the corporation
within the period within which the Minister
would be allowed under subsection 152(4)
to assess tax payable under this Part by the
corporation for the year if that subsection
were read without reference to paragraph
152(4)(a) .
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(2) Subsection 131(5) of the Act is re
placed by the following:
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Dividend
refund to
mutual fund
corporation
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(5) A corporation that was a mutual fund
corporation throughout a taxation year
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(a) is deemed for the purposes of paragraph
87(2)(aa) and section 129 to have been a
private corporation throughout the year,
except that its refundable dividend tax on
hand at the end of the year (within the
meaning assigned by subsection 129(3))
shall be determined without reference to
paragraph 129(3)(a); and
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(b) where it was not an investment corpora
tion throughout the year, is deemed for the
purposes of Part IV to have been a private
corporation throughout the year, except
that, in applying subsection 186(1) to the
corporation in respect of the year, that
subsection shall be read without reference
to paragraph 186(1)(b).
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(3) Subparagraphs 131(8)(b)(i) and (ii) of
the Act are replaced by the following:
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(i) the investing of its funds in property
(other than real property or an interest in
real property ),
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(ii) the acquiring, holding, maintaining,
improving, leasing or managing of any
real property (or interest in real property)
that is capital property of the corporation,
or
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(4) Subsection (1) applies after April 27,
1989.
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(5) Subsection (2) applies to the 1993 and
subsequent taxation years.
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(6) Subsection (3) applies to the 1994 and
subsequent taxation years.
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84. (1) Paragraph 132(1)(b) of the Act is
replaced by the following:
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(b) shall, with all due dispatch, make that
capital gains refund after mailing the notice
of assessment if an application for it has
been made in writing by the trust within the
period within which the Minister would be
allowed under subsection 152(4) to assess
tax payable under this Part by the trust for
the year if that subsection were read without
reference to paragraph 152(4)(a) .
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(2) Subparagraphs 132(6)(b)(i) and (ii) of
the Act are replaced by the following:
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(i) the investing of its funds in property
(other than real property or an interest in
real property ),
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(ii) the acquiring, holding, maintaining,
improving, leasing or managing of any
real property (or interest in real property)
that is capital property of the trust, or
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(3) The portion of subsection 132(6) of the
Act after paragraph (c) is repealed.
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(4) Section 132 of the Act is amended by
adding the following after subsection (6):
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Election to be
mutual fund
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(6.1) Where a trust becomes a mutual fund
trust at any particular time before the 91st day
after the end of the calendar year in which its
first taxation year began, and the trust so elects
in its return of income under this Part for that
first year, the trust is deemed to have been a
mutual fund trust from the beginning of that
first year until the particular time.
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(5) Subsection (1) applies after April 27,
1989.
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(6) Subsections (2) to (4) apply to the 1994
and subsequent taxation years.
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85. (1) The portion of paragraph
132.2(1)(h) of the Act before subparagraph
(i) is replaced by the following:
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(h) except as provided in paragraph (p), the
transferor's cost of any particular property
received by the transferor from the transfer
ee as consideration for the disposition of the
property is deemed to be
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(2) Paragraphs 132.2(1)(o) and (p) of the
Act are replaced by the following:
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(o) where the transferor is a mutual fund
corporation,
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(i) for the purposes of subsection 131(4),
the transferor is deemed in respect of any
share disposed of in accordance with
paragraph (j) to be a mutual fund corpo
ration at the time of the disposition, and
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(ii) for the purposes of Part I.3, the
transferor's taxation year that, but for this
paragraph, would have included the
transfer time is deemed to have ended
immediately before the transfer time
(except that, for greater certainty, noth
ing in this paragraph shall affect the
computation of any amount determined
under this Part);
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