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(5) Paragraphs (a) and (b) of the defini
tion ``refund of premiums'' in subsection
146(1) of the Act are replaced by the
following:
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(6) The description of B in subparagraph
(b)(i) of the definition ``unused RRSP de
duction room'' in subsection 146(1) of the
Act is replaced by the following:
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B is the amount, if any, by which
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(A) the lesser of the RRSP dollar
limit for the year and 18% of the
taxpayer's earned income for the
preceding taxation year
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exceeds the total of all amounts each
of which is
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(B) the taxpayer's pension ad
justment for the preceding taxa
tion year in respect of an employ
er, or
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(C) a prescribed amount in re
spect of the taxpayer for the year,
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(7) Subsection 146(1) of the Act is
amended by adding the following in alpha
betical order:
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``tax-paid
amount'' « montant libéré d'impôt »
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``tax-paid amount'' paid to a person in respect
of a registered retirement saving plan
means
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(8) The description of A in subsection
146(8.9) of the Act is replaced by the
following:
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A is the total of
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(9) Subsection (1) applies to taxation
years that end after November 1991.
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(10) Subsections (2), (5), (7) and (8) apply
to deaths occurring after 1992.
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(11) Subsection (3) applies to the 1995 and
subsequent taxation years.
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(12) Subsections (4) and (6) apply after
1988.
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97. (1) Paragraph 146.3(2)(a) of the
English version of the Act is replaced by the
following:
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(2) Subsection 146.3(5) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (a), by adding the
word ``or'' at the end of paragraph (b) and
by adding the following after paragraph
(b):
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(3) The description of A in subsection
146.3(6.2) of the Act is replaced by the
following:
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A is the total of
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(4) Subsection (1) applies to taxation
years that end after November 1991.
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(5) Subsections (2) and (3) apply to deaths
that occur after 1992.
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98. (1) Subparagraph 147(19)(b)(ii) of the
Act is replaced by the following:
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(2) Subsection (1) applies after 1992.
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99. (1) Paragraph 147.2(2)(b) of the Act is
replaced by the following:
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(2) Clause (B) of the description of Z in
subparagraph 147.2(4)(b)(iii) of the Act is
replaced by the following:
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(B) where the preceding year was
before 1987, under subparagraph
8(1)(m)(ii) (as it read in its applica
tion to that preceding year) in
respect of additional voluntary con
tributions made in respect of a year
that satisfies the conditions in the
description of Y, and
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(3) Section 147.2 of the Act is amended by
adding the following after subsection (5):
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Deductible
contributions
when
taxpayer dies
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(6) Where a taxpayer dies in a taxation year,
for the purpose of computing the taxpayer's
income for the year and the preceding taxation
year,
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(4) Subsection (1) applies after March
1996.
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(5) Subsection (2) applies to the 1991 and
subsequent taxation years.
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(6) Subsection (3) applies to taxpayers
who die after 1992.
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100. (1) The definitions ``eligible funeral
arrangement'', ``funeral services'' and
``qualifying person'' in subsection 148.1(1)
of the Act are replaced by the following:
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``eligible
funeral
arrange- ment'' « arrange- ment de services funéraires »
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``eligible funeral arrangement'' at a particular
time means an arrangement established and
maintained by a qualifying person solely
for the purpose of funding funeral or ceme
tery services with respect to one or more in
dividuals and of which there is one or more
custodians each of whom was resident in
Canada at the time the arrangement was es
tablished, where
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``funeral
services'' « services funéraires »
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``funeral services'' with respect to an individ
ual means property and services (other than
cemetery services with respect to the indi
vidual) that relate directly to funeral ar
rangements in Canada in consequence of
the death of the individual;
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``qualifying
person'' « personne admissible »
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``qualifying person'' means a person licensed
or otherwise authorized under the laws of a
province to provide funeral or cemetery
services with respect to individuals;
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(2) Paragraph (b) of the definition ``cus
todian'' in subsection 148.1(1) of the Act is
replaced by the following:
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(3) Paragraphs (a) and (b) of the defini
tion ``relevant contribution'' in subsection
148.1(1) of the Act are replaced by the
following:
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(4) Subsection 148.1(1) of the Act is
amended by adding the following in alpha
betical order:
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``cemetery
care trust'' « fiducie pour l'entretien d'un cimetière »
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``cemetery care trust'' means a trust estab
lished pursuant to an Act of a province for
the care and maintenance of a cemetery;
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``cemetery
services'' « services de cimetière »
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``cemetery services'' with respect to an indi
vidual means property (including interment
vaults, markers, flowers, liners, urns,
shrubs and wreaths) and services that relate
directly to cemetery arrangements in Cana
da in consequence of the death of the indi
vidual including, for greater certainty, prop
erty and services to be funded out of a ceme
tery care trust;
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``funeral or
cemetery
services'' « services de funérailles ou de cimetière »
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``funeral or cemetery services'' with respect to
an individual means funeral services with
respect to the individual, cemetery services
with respect to the individual or any com
bination of such services;
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(5) Paragraphs 148.1(2)(b) and (c) of the
Act are replaced by the following:
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(6) Subsection 148.1(3) of the Act is
replaced by the following:
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Income
inclusion on
return of
funds
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(3) Where at any particular time in a
taxation year a particular amount is distrib
uted (otherwise than as payment for the
provision of funeral or cemetery services with
respect to an individual) to a taxpayer from an
arrangement that was, at the time it was
established, an eligible funeral arrangement
and the particular amount is paid from the
balance in respect of the individual under the
arrangement, there shall be added in comput
ing the taxpayer's income for the year from
property the lesser of the particular amount
and the amount determined by the formula
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A + B - C
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where
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A is the balance in respect of the individual
under the arrangement immediately before
the particular time (determined without re
gard to the value of property in a cemetery
care trust) ;
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B is the total of all payments made from the
arrangement before the particular time for
the provision of funeral or cemetery ser
vices with respect to the individual (other
than cemetery services funded by property
in a cemetery care trust) ; and
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C is the total of all relevant contributions
made before the particular time in respect
of the individual under the particular ar
rangement (other than contributions in re
spect of the individual that were in a ceme
tery care trust) .
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(7) Subsections (1) to (6) apply to the 1993
and subsequent taxation years.
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101. (1) Paragraph 149(1)(o.1) of the Act
is replaced by the following:
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Pension
corporations
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