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received by the taxpayer and included in
computing the taxpayer's income for the
year or a preceding taxation year, to the
extent of the amount thereof repaid by the
taxpayer in the year otherwise than because
of Part VII of the Unemployment Insurance
Act or Part VII of the Employment Insur
ance Act;
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(2) Subparagraph 60(o)(ii) of the Act is
replaced by the following:
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(ii) a decision of the Canada Employ
ment and Immigration Commission , the
Canada Employment and Insurance
Commission, a board of referees or an
umpire under the Unemployment Insur
ance Act or the Employment Insurance
Act,
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(3) Paragraphs 60(t) and (u) of the Act are
replaced by the following:
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RCA
distributions
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(t) where an amount in respect of a particu
lar retirement compensation arrangement
is required by paragraph 56(1)(x) or (z) or
subsection 70(2) to be included in comput
ing the taxpayer's income for the year, an
amount equal to the lesser of
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(i) the total of all amounts in respect of
the particular arrangement so required to
be included in computing the taxpayer's
income for the year, and
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(ii) the amount, if any, by which the total
of all amounts each of which is
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(A) an amount (other than an amount
deductible under paragraph 8(1)(m.2)
or transferred to the particular arrange
ment under circumstances in which
subsection 207.6(7) applies ) contrib
uted under the particular arrangement
by the taxpayer while it was a retire
ment compensation arrangement and
before the end of the year,
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(A.1) an amount transferred in respect
of the taxpayer before the end of the
year to the particular arrangement
from another retirement compensation
arrangement under circumstances in
which subsection 207.6(7) applies, to
the extent that the amount would have
been deductible under this paragraph
in respect of the other arrangement in
computing the taxpayer's income if it
had been received by the taxpayer out
of the other arrangement,
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(B) an amount paid by the taxpayer
before the end of the year and at a time
when the taxpayer was resident in
Canada to acquire an interest in the
particular arrangement, or
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(C) an amount that was received or
became receivable by the taxpayer
before the end of the year and at a time
when the taxpayer was resident in
Canada as proceeds from the disposi
tion of an interest in the particular
arrangement,
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exceeds the total of all amounts each of
which is
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(D) an amount deducted under this
paragraph or paragraph (u) in respect
of the particular arrangement in com
puting the taxpayer's income for a
preceding taxation year, or
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(E) an amount transferred in respect of
the taxpayer before the end of the year
from the particular arrangement to
another retirement compensation ar
rangement under circumstances in
which subsection 207.6(7) applies, to
the extent that the amount would have
been deductible under this paragraph
in respect of the particular arrange
ment in computing the taxpayer's
income if it had been received by the
taxpayer out of the particular arrange
ment;
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RCA
dispositions
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(u) where an amount in respect of a
particular retirement compensation ar
rangement is required by paragraph
56(1)(y) to be included in computing the
taxpayer's income for the year, an amount
equal to the lesser of
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(i) the total of all amounts in respect of
the particular arrangement so required to
be included in computing the taxpayer's
income for the year, and
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(ii) the amount, if any, by which the total
of all amounts each of which is
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(A) an amount (other than an amount
deductible under paragraph 8(1)(m.2)
or transferred to the particular arrange
ment under circumstances in which
subsection 207.6(7) applies) contrib
uted under the particular arrangement
by the taxpayer while it was a retire
ment compensation arrangement and
before the end of the year,
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(A.1) an amount transferred in respect
of the taxpayer before the end of the
year to the particular arrangement
from another retirement compensation
arrangement under circumstances in
which subsection 207.6(7) applies, to
the extent that the amount would have
been deductible under paragraph (t) in
respect of the other arrangement in
computing the taxpayer's income if it
had been received by the taxpayer out
of the other arrangement, or
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(B) an amount paid by the taxpayer
before the end of the year and at a time
when the taxpayer was resident in
Canada to acquire an interest in the
particular arrangement
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exceeds the total of all amounts each of
which is
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(C) an amount deducted under para
graph (t) in respect of the particular
arrangement in computing the taxpay
er's income for the year or a preceding
taxation year,
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(D) an amount deducted under this
paragraph in respect of the particular
arrangement in computing the taxpay
er's income for a preceding taxation
year, or
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(E) an amount transferred in respect of
the taxpayer before the end of the year
from the particular arrangement to
another retirement compensation ar
rangement under circumstances in
which subsection 207.6(7) applies, to
the extent that the amount would have
been deductible under paragraph (t) in
respect of the particular arrangement
in computing the taxpayer's income if
it had been received by the taxpayer
out of the particular arrangement;
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(4) Paragraph 60(v.1) of the Act is re
placed by the following:
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UI and EI
benefit
repayment
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(v.1) any benefit repayment payable by the
taxpayer under Part VII of the Unemploy
ment Insurance Act or Part VII of the
Employment Insurance Act on or before
April 30 of the following year, to the extent
that the amount was not deductible in
computing the taxpayer's income for any
preceding taxation year; and
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(5) Subsections (1), (2) and (4) are deemed
to have come into force on June 30, 1996.
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(6) Subsection (3) applies to the 1996 and
subsequent taxation years.
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28. (1) The description of E in paragraph
61.3(1)(b) of the Act is replaced by the
following:
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E is 50% of the amount, if any, by which
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(i) the amount that would be the
corporation's income for the year if
that amount were determined without
reference to this section and section
61.4
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(ii) the amount determined under
paragraph (a) in respect of the corpora
tion for the year.
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(2) The description of E in paragraph
61.3(2)(b) of the Act is replaced by the
following:
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E is 50% of the amount, if any, by which
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(i) the amount that would be the
corporation's taxable income or tax
able income earned in Canada for the
year if that amount were determined
without reference to this section and
section 61.4
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(ii) the amount determined under
paragraph (a) in respect of the corpora
tion for the year.
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(3) Subsections (1) and (2) apply to
taxation years that end after February 21,
1994.
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29. (1) Paragraph 62(3)(f) of the Act is
replaced by the following:
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(f) where the old residence is being or has
been sold by the taxpayer or the taxpayer's
spouse as a result of the move, the cost to the
taxpayer of legal services in respect of the
purchase of the new residence and of any
taxes (other than the goods and services
tax) imposed on the transfer or registration
of title to the new residence,
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(2) Subsection (1) applies to costs in
curred after 1990.
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30. (1) Paragraph (b) of the definition
``earned income'' in subsection 63(3) of the
Act is replaced by the following:
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(b) all amounts that are included, or that
would, but for paragraph 81(1)(a), be
included, because of section 6 or 7 or
paragraph 56(1)(m), (n), (o) or (r) , in
computing the taxpayer's income,
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(2) Paragraph (b) of the definition
``earned income'' in subsection 63(3) of the
Act, as enacted by subsection 173(2) of the
Employment Insurance Act, chapter 23 of
the Statutes of Canada, 1996, is replaced by
the following:
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(b) all amounts that are included, or that
would, but for paragraph 81(1)(a), be
included, because of section 6 or 7 or
paragraph 56(1)(n), (o) or (r) , in comput
ing the taxpayer's income,
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(3) Subsection (1) applies after 1992 and
before 1998.
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(4) Subsection (2) applies after 1997.
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31. (1) Subparagraph 66(4)(b)(ii) of the
Act is amended by adding the following
after clause (C):
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determined as if no deductions were
allowed under this subsection, subsec
tions (1) and (3), section 65 and subsec
tions 66.1(2) and (3).
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(2) The portion of paragraph 66(4)(b) of
the Act after subparagraph (ii) is repealed.
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(3) Paragraph 66(11.4)(b) of the Act is
replaced by the following:
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(b) within the 12-month period that ended
immediately before that time, the corpora
tion or a partnership of which it was a
majority interest partner acquired a Cana
dian resource property or a foreign resource
property (other than a property that was
owned by the corporation or partnership or
a person that would, if section 251.1 were
read without reference to the definition
``controlled'' in subsection 251.1(3), be
affiliated with the corporation throughout
the period that began immediately before
the 12-month period began and ended at the
time the property was acquired by the
corporation or partnership), and
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(4) The portion of subsection 66(12.66) of
the Act after paragraph (e) is replaced by
the following:
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the corporation is for the purpose of subsec
tion (12.6) or for the purposes of subsection
(12.601) and paragraph (12.602)(b), as the
case may be , deemed to have incurred the ex
penses on the last day of the year .
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(5) The portion of paragraph 66(12.75)(c)
of the Act before subparagraph (i) is
replaced by the following:
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(c) where the penalty is in respect of a
renunciation referred to in subsection
(12.741) , the greater of
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(6) Paragraph (c) of the definition ``Ca
nadian exploration and development ex
penses'' in subsection 66(15) of the Act is
replaced by the following:
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(c) the cost to the taxpayer of any
Canadian resource property acquired by
the taxpayer after 1971 ,
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(7) Subsections (1) and (2) apply to
taxation years that end after May 6, 1974.
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(8) Subsection (3) applies after April 26,
1995.
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(9) Subsection (4) applies to expenses
incurred after 1992.
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(10) Subsection (5) applies to renunci
ations purported to be made after February
1993.
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(11) Subsection (6) applies to taxation
years that begin after 1984.
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32. (1) Section 66.6 of the Act is replaced
by the following:
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Acquisition
from
tax-exempt
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66.6 Where a corporation acquires , by
purchase, amalgamation, merger, winding-up
or otherwise, all or substantially all of the
Canadian resource properties or foreign re
source properties of a person whose taxable
income is exempt from tax under this Part,
subsection 29(25) of the Income Tax Applica
tion Rules and subsections 66.7(1) to (5) do
not apply to the corporation in respect of the
acquisition of the properties.
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(2) Subsection (1) applies to acquisitions
that occur after April 26, 1995, other than
an acquisition that occurs before 1996 and
that was required by an agreement in
writing entered into before April 27, 1995.
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33. (1) Subparagraph 66.7(1)(b)(iii) of the
Act is replaced by the following:
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(iii) all amounts added because of sub
section 80(13) in computing the amount
determined under subparagraph (i).
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(2) Subparagraph 66.7(2)(b)(iv) of the
Act is replaced by the following:
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(iv) all amounts added because of subsec
tion 80(13) in computing the amount
determined under subparagraph (i),
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(3) Subparagraph 66.7(3)(b)(iii) of the
Act is replaced by the following:
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(iii) all amounts added because of sub
section 80(13) in computing the amount
determined under subparagraph (i).
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(4) Subparagraph 66.7(4)(b)(iii) of the
Act is replaced by the following:
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(iii) all amounts added because of sub
section 80(13) in computing the amount
determined under subparagraph (i).
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(5) Subparagraph 66.7(5)(b)(iii) of the
Act is replaced by the following:
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(iii) all amounts added because of sub
section 80(13) in computing the amount
determined under subparagraph (i).
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(6) Paragraph 66.7(10)(b) of the Act is
replaced by the following:
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(b) a corporation ceases on or before April
26, 1995 to be exempt from tax under this
Part on its taxable income,
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(7) Subsection 66.7(10) of the Act is
amended by adding the following after
paragraph (c):
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(c.1) where the corporation did not own a
foreign resource property immediately be
fore that time, the corporation is deemed to
have owned a foreign resource property
immediately before that time,
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(8) Subsections (1) to (5) apply to taxation
years that end after February 21, 1994.
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(9) Subsection (6) applies after April 26,
1995.
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(10) Subsection (7) applies to taxation
years that end after February 17, 1987.
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34. (1) Paragraph 69(5)(a) of the Act is
replaced by the following:
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(a) the corporation is deemed , for the
purpose of computing its income for the
year, to have disposed of the property
immediately before the winding-up for
proceeds equal to its fair market value at
that time;
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(2) Subsection 69(5) of the Act is amended
by adding the word ``and'' at the end of
paragraph (c) and by replacing paragraphs
(d) and (e) with the following:
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(d) subsections 13(21.2), 14(12), 18(15)
and 40(3.4) and (3.6) do not apply in respect
of any property disposed of on the winding-
up.
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