(b) the information is located in a country with which the Government of Canada has entered into a tax convention or agreement that has the force of law in Canada and includes a provision under which the Minis ter can obtain the information.
Information located outside Canada	(14) For the purpose of this section, where it can reasonably be considered that informa tion relating to whether a taxpayer is not dealing at arm's length with another taxpayer is available outside Canada and the Minister is not satisfied that the taxpayer is dealing at arm's length with the other taxpayer, the taxpayer and the other taxpayer are deemed not to be dealing with each other at arm's length unless
	(a) the information is provided to the Minister; or
	(b) the information is located in a country with which the Government of Canada has entered into a tax convention or agreement that has the force of law in Canada and includes a provision under which the Minis ter can obtain the information.
Assessments	(15) Notwithstanding subsections 152(4) to (5), such assessments, determinations and redeterminations may be made as are neces sary to give effect to this section.
	(2) Subsection (1) applies to property acquired and to outlays and expenses made or incurred by a taxpayer after November 1994, except that
	(a) it does not apply where
	(i) the property was acquired, or the outlay or expense was made or incurred, before 1995 pursuant to an agreement in writing made by the taxpayer before December 1994, or
	(ii) the property is
	(A) a film production prescribed for the purpose of subparagraph 96(2.2)(d)(ii) of the Act where
	(I) the principal photography of the production began before 1995, or, in the case of a production that is a television series, one episode of the series began before 1995, and
	(II) the principal photography of the production was completed be fore March 2, 1995, or
	(B) an interest in a partnership (all or substantially all of the property of which is a film production referred to in clause (A)) acquired before 1995 by a taxpayer that is a partner ship
	and the following conditions are met:
	(iii) in the case of an interest that is a tax shelter for which section 237.1 of the Act requires an identification num ber to be obtained, an identification number was obtained before Decem ber 1994, and
	(iv) there is no agreement or other arrangement under which the taxpay er's obligations with respect to the interest can be changed, reduced or waived if there is a change to the Act or if there is an adverse assessment under the Act;
	(b) it does not apply to revenue guaran tees prescribed for the purpose of sub paragraph 96(2.2)(d)(ii) of the Act that were granted before 1996;
	(c) subparagraph 143.2(6)(b)(ii) of the Act, as enacted by subsection (1), does not apply
	(i) to property acquired, or outlays or expenses made or incurred, by a tax payer before April 27, 1995, or
	(ii) to property acquired, or outlays or expenses made or incurred, by a tax payer before 1996 pursuant to a partic ular agreement in writing made by the taxpayer before April 27, 1995 where the following conditions are met:
	(A) in the case of a property that is a tax shelter for which section 237.1 of the Act requires an identification number, an identification number was obtained before April 27, 1995, and
	(B) there is no agreement or other arrangement under which the tax payer's obligations under the partic ular agreement can be changed, reduced or waived if there is a change to the Act or if there is an adverse assessment under the Act;
	(d) paragraph 143.2(7)(a) of the Act, as enacted by subsection (1), shall be read without reference to ``not exceeding 10 years'' where
	(i) the indebtedness arises
	(A) pursuant to the terms of an agreement in writing made by the taxpayer before April 27, 1995,
	(B) before 1996, in respect of the acquisition of a film production pre scribed for the purpose of subpara graph 96(2.2)(d)(ii) of the Act or an interest in a partnership all or sub stantially all of the property of which is either a film production pre scribed for the purpose of that sub paragraph or an interest in one or more partnerships all or substantial ly all of the property of which is such a film production, where
	(I) the principal photography of the production began before 1996, or, in the case of a production that is a television series, the principal photography of one episode of the series began before 1996, and
	(II) the principal photography of the production was completed be fore March 1996, or
	(C) before July 1995
	(I) pursuant to the terms of a document that is a prospectus, preliminary prospectus or regis tration statement filed before April 27, 1995 with a public au thority in Canada pursuant to and in accordance with the securities legislation of Canada or of any province and, where required by law, accepted for filing by the public authority, and the funds so raised were expended before 1996 on expenditures contemplated by the document, or
	(II) pursuant to the terms of an offering memorandum distrib uted as part of an offering of securities where
	1. the memorandum contained a complete or substantially complete description of the se curities contemplated in the offering as well as the terms and conditions of the offering,
	2. the memorandum was dis tributed before April 27, 1995,
	3. solicitations in respect of the sale of the securities contem plated by the memorandum were made before April 27, 1995,
	4. the sale of the securities was substantially in accordance with the memorandum, and
	5. the funds were expended before 1996 in accordance with the memorandum, and
	(ii) the following conditions are met:
	(A) in the case of an interest to which clause (i)(A) or (C) applies that is a tax shelter for which section 237.1 of the Act requires an identification number to be obtained, an identifi cation number was obtained before April 27, 1995, and
	(B) there is no agreement or other arrangement under which the tax payer's obligations with respect to the interest can be changed, reduced or waived if there is a change to the Act or if there is an adverse assess ment under the Act; and
	(e) subsection 143.2(8) of the Act, as enacted by subsection (1), does not apply to a taxpayer in respect of an indebted ness
	(i) where the indebtedness
	(A) arose, and
	(B) is related to property acquired, or outlays or expenses made or incurred, by the taxpayer
	before April 27, 1995, nor
	(ii) where the indebtedness
	(A) arose, and
	(B) is related to property acquired, or outlays or expenses made or incurred, by the taxpayer,
	before 1996 pursuant to a particular agreement in writing made by the taxpayer before April 27, 1995 and there is no agreement or other ar rangement under which the taxpayer's obligations under the particular agree ment can be changed, reduced or waived if there is a change to the Act or if there is an adverse assessment under the Act.
	95. (1) Subparagraph 144(1)(a)(iii) of the English version of the Act is replaced by the following:
	(iii) any combination of the amounts described in subparagraphs (i) and (ii)
	(2) Subsection 144(1) of the Act is re placed by the following:
Definitions	144. (1) The definitions in this subsection apply in this section.
``employees profit sharing plan'' « régime de participation des employés aux bénéfices »	``employees profit sharing plan'' at a particu lar time means an arrangement
	(a) under which payments computed by reference to
	(i) an employer's profits from the employer's business,
	(ii) the profits from the business of a corporation with which the employer does not deal at arm's length, or
	(iii) any combination of the amounts described in subparagraphs (i) and (ii)
	are required to be made by the employer to a trustee under the arrangement for the benefit of employees of the employer or of a corporation with which the employer does not deal at arm's length; and
	(b) in respect of which the trustee has, since the later of the beginning of the arrangement and the end of 1949, allo cated, either contingently or absolutely, to those employees
	(i) in each year that ended at or before the particular time, all amounts re ceived in the year by the trustee from the employer or from a corporation with which the employer does not deal at arm's length,
	(ii) in each year that ended at or before the particular time, all profits for the year from the property of the trust (determined without regard to any capital gain made by the trust or capital loss sustained by it at any time after 1955),
	(iii) in each year that ended after 1971 and at or before the particular time, all capital gains and capital losses of the trust for the year,
	(iv) in each year that ended after 1971, before 1993 and at or before the particular time, 100/15 of the total of all amounts each of which is deemed by subsection (9) to be paid on account of tax under this Part in respect of an employee because the employee ceased to be a beneficiary under the plan in the year, and
	(v) in each year that ended after 1991 and at or before the particular time, the total of all amounts each of which is an amount that may be deducted under subsection (9) in computing the em ployee's income because the em ployee ceased to be a beneficiary under the plan in the year.
``unused portion of a beneficiary's exempt capital gains balance'' « fraction inutilisée du solde des gains en capital exonérés »	``unused portion of a beneficiary's exempt capital gains balance'' in respect of a trust governed by an employees profit sharing plan, at any particular time in a taxation year of the beneficiary, means
	(a) where the year ends before 2005, the amount, if any, by which the beneficia ry's exempt capital gains balance (in this paragraph having the same meaning as in subsection 39.1(1)) in respect of the trust for the year exceeds the total of all amounts each of which is an amount by which a capital gain is reduced under section 39.1 in the year because of the beneficiary's exempt capital gains bal ance in respect of the trust; or
	(b) where the year ends after 2004, the amount, if any, by which
	(i) the amount, if any, that would, if the definition ``exempt capital gains bal ance'' in subsection 39.1(1) were read without reference to ``that ends before 2005'', be the beneficiary's exempt capital gains balance in respect of the trust for the year
	exceeds
	(ii) where there has been a disposition of an interest or a part of an interest of the beneficiary in the trust after the beneficiary's 2004 taxation year (other than a disposition that is a part of a transaction described in paragraph (7.1)(c) in which property is received in satisfaction of all or a portion of the beneficiary's interests in the trust), the total of all amounts each of which is an amount by which the adjusted cost base of an interest or a part of an interest disposed of by the beneficiary (other than an interest or a part of an interest that is all or a portion of the beneficiary's interests referred to in paragraph (7.1)(c)) was increased be cause of paragraph 53(1)(p), and
	(iii) in any other case, nil.
	(3) The portion of paragraph 144(7.1)(b) of the Act after subparagraph (iii) and before subparagraph (iv) is replaced by the following:
	is, subject to paragraph (c), deemed to be
	(4) Subsection 144(7.1) of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):
	(c) where a particular property received is all or a portion of property received in satisfaction of all or a portion of the beneficiary's interests in the trust and the beneficiary files with the Minister on or before the beneficiary's filing-due date for the taxation year that includes the particular time an election in respect of the particular property in prescribed form, there shall be included in the cost to the beneficiary of the particular property determined under para graph (b) the least of
	(i) the amount, if any, by which the unused portion of the beneficiary's ex empt capital gains balance in respect of the trust at the particular time exceeds the total of all amounts each of which is an amount included because of this para graph in the cost to the beneficiary of another property received by the benefi ciary at or before the particular time in the year,
	(ii) the amount, if any, by which the fair market value of the particular property at the particular time exceeds the amount deemed by subparagraph (b)(iv) to be the cost to the beneficiary of the particular property, and
	(iii) the amount designated in the election in respect of the particular property.
	(5) Subsection (1) applies to the 1992 and 1993 taxation years.
	(6) Subsections (2) to (4) apply to the 1994 and subsequent taxation years, and a pre scribed form filed under paragraph 144(7.1)(c) of the Act, as enacted by subsec tion (4), before the end of the sixth month after the month in which this Act is assented to is deemed to be filed on time.
	96. (1) Paragraph (a) of the definition ``annuitant'' in subsection 146(1) of the English version of the Act is replaced by the following:
	(a) until such time after maturity of the plan as an individual's spouse becomes entitled, as a consequence of the individ ual's death, to receive benefits to be paid out of or under the plan, the individual referred to in paragraph (a) or (b) of the definition ``retirement savings plan'' in this subsection for whom, under a retire ment savings plan, a retirement income is to be provided, and
	(2) The definition ``benefit'' in subsection 146(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(c.1) a tax-paid amount described in paragraph (b) of the definition ``tax-paid amount'' in this subsection that relates to interest or another amount included in computing income otherwise than be cause of this section
	(3) The definition ``earned income'' in subsection 146(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (f), by adding the word ``or'' at the end of paragraph (g) and by adding the following after paragraph (g):
	(h) the portion of an amount included under subparagraph (a)(ii) or (c)(ii) in determining the taxpayer's earned in come for the year because of subpara graph 14(1)(a)(v)
	(4) The description of B in the definition ``RRSP deduction limit'' in subsection 146(1) of the Act is replaced by the follow ing:
	B is the amount, if any, by which
	(a) the lesser of the RRSP dollar limit for the year and 18% of the taxpayer's earned income for the preceding taxa tion year