BILL C-70 - First Reading

	A - B
	where
	A is the tax that would be payable under sub section 165(2) by the recipient for the part of the property or service supplied during the period that was delivered, performed or made available on or after that implementa tion date if the consideration therefor had become due and been paid on or after that implementation date; and
	B is the total tax payable under subsection 165(2) by the recipient in respect of the sup ply of the property or service delivered, per formed or made available during the period.
Collection of tax	(2) Where the amount determined under subsection (1) in respect of a supply of property or a service is a positive amount and the supplier is a registrant, the supplier shall collect, and is deemed to have collected on the day the invoice for the reconciliation of payments is issued, that amount from the recipient as tax under subsection 165(2).
Refund of excess	(3) Where the amount determined under subsection (1) in respect of a supply of property or a service is a negative amount and the supplier is a registrant, the supplier shall refund or credit that amount to the recipient and issue a credit note for that amount in accordance with section 232.
Continuous supply	(4) Where a supply of property or a service, during any period for which the supplier issues an invoice for the supply, is made in a participating province on a continuous basis by means of a wire, pipeline or other conduit and, because of the method of recording the delivery of the property or the provision of the service, the time at which the property or a part thereof is delivered, or the time at which the service or a part thereof is provided, cannot reasonably be determined, an equal part of the whole of the property delivered, or of the whole of the service provided, in the period is deemed, for the purposes of this section, to have been delivered or provided, as the case may be, on each day of the period.
Prepayments of rent and royalties after specified pre- implementatio n date	354. (1) Subject to subsection (4), where
	(a) a taxable supply of property by way of lease, licence or similar arrangement is made
	(i) in a participating province by a registrant to a person, or
	(ii) outside the participating provinces to a person who is resident in a participating province, and
	(b) consideration for the supply that is rent, royalty or a similar payment attributable to a period on or after the implementation date for that participating province became due on or after the specified pre-implementa tion date for that participating province and before the implementation date for that province or was paid on or after that specified pre-implementation date and be fore that implementation date without hav ing become due,
	that consideration is deemed, for the purpose of applying subsection 165(2), 218.1(1) or 220.08(1) to the supply, as the case may re quire, to have become due on that imple mentation date and not to have been paid be fore that implementation date.
Prepayments of rent and royalties before specified pre- implementatio n date	(2) Subject to subsection (4), where
	(a) a taxable supply of property by way of lease, licence or similar arrangement is made
	(i) in a participating province by a registrant to a person who is not a consumer, or
	(ii) outside the participating provinces to a person who is resident in a participating province and who is not a consumer, and
	(b) consideration for the supply that is a rent, royalty or similar payment attributable to a period on or after the implementation date for that participating province became due after the announcement date for that participating province and before the speci fied pre-implementation date for that prov ince or was paid after that announcement date and before that specified pre-imple mentation date without having become due,
	the following rules apply:
	(c) tax under subsection 165(2), 218.1(1) or 220.08(1), as the case may require, is, notwithstanding subsection 218.1(2) and section 220.04, payable in respect of that consideration if, but for subsection 218.1(2) and section 220.04, it would have been payable if the consideration had become due and been paid on the implementation date for the province and, in the case of tax under subsection 220.08(1), if section 1 of Part II of Schedule X did not apply, unless, in the case of tax under subsection 165(2) or 220.08(1),
	(i) the person is neither a registrant that is a selected listed financial institution nor a registrant whose net tax is determined under section 225.1 or under Part IV or V of the Streamlined Accounting (GST) Regulations, and
	(ii) the service is acquired by the person for consumption, use or supply exclu sively in commercial activities of the person,
	(d) where the person is a registrant whose return under section 238 for the reporting period that includes the implementation date for the province is required to be filed on a particular day before the day that is four months after that implementation date, the person shall pay the tax to the Receiver General on or before the particular day and report the tax in that return, and
	(e) where paragraph (d) does not apply, section 219 and subsection 220.09(1) do not apply in respect of that tax and the person shall, before the day that is four months after that implementation date, pay the tax to the Receiver General and file with the Minister in prescribed manner a return in respect of the tax in prescribed form containing prescribed information.
Periods before implementa- tion	(3) Where a taxable supply of property by way of lease, licence or similar arrangement is made
	(a) in a participating province to a person, or
	(b) in a non-participating province to a person who is resident in a participating province,
	no tax is payable under subsection 165(2) or 220.08(1) in respect of the consideration for the supply that becomes due before the partic ular day that is four months after the imple mentation date for that participating province, or is paid before the particular day without having become due, to the extent that the con sideration is rent, royalty or a similar payment attributable to a period before that imple mentation date.
Period including implementa- tion date	(4) Where a taxable supply of property by way of lease, licence or similar arrangement is made
	(a) in a participating province to a person, or
	(b) in a non-participating province to a person who is resident in a participating province,
	no tax is payable under subsection 165(2) or 220.08(1) in respect of consideration for the supply that is rent, royalty or a similar pay ment attributable to a period that begins be fore the implementation date for that partici pating province and ends before the day that is one month after the day immediately before that implementation date.
Application	(5) Subsections (1) to (4) do not apply in respect of payments of consideration for the use of, or the right to use, intangible personal property where the amount of the payment is not dependent on the amount of the use of or production from, or the profit from the use of or production from, the property.
Adjustments	355. (1) Where a person pays tax under subsections 352(9) or (10) or 354(2) calcu lated on the consideration or a part thereof for a taxable supply and that consideration or part thereof is subsequently reduced, to the extent that the person did not claim, and is not, but for this section, entitled to claim, an input tax credit or a rebate in respect of the portion of the tax payable under subsection 165(2), 218.1(1) or 220.08(1) that was calculated on the amount by which the consideration or part thereof was reduced, that portion is deemed, for the purpose of determining a rebate under section 261, to be an amount that was not payable or remittable by the person.
Application	(2) Subsection (1) does not apply in circum stances in which section 161 applies.
Services substantially all performed before implementa- tion	356. (1) Where a supply (other than a supply to which subsection (6) applies) of a service (other than a freight transportation service or a service that is the transportation of an individual) is made in a participating prov ince, or is made outside the participating provinces to a person who is resident in a participating province, and all or substantially all of the service was performed before the implementation date for that participating province, no tax is payable under subsection 165(2), 218.1(1) or 220.08(1) in respect of any consideration for the supply that is paid or becomes due before the day that is four months after that implementation date.
Services partly performed before implementa- tion	(2) Where a supply (other than a supply to which subsection (6) applies) of a service (other than a freight transportation service or a service that is the transportation of an individual) is made in a participating prov ince, or is made outside the participating provinces to a person who is resident in a participating province, and all or substantially all of the service was not performed before the implementation date for that province, no tax is payable under subsection 165(2), 218.1(1) or 220.08(1) in respect of any consideration for the supply that is paid or becomes due before the day that is four months after that implementation date to the extent that the consideration relates to any part of the service that was performed before that implementa tion date.
Pre-payments after specified pre- implementatio n date for services	(3) Subject to subsections 351(8) and 352(5), where a taxable supply (other than a supply to which subsection (6) applies) of a service (other than a freight transportation service or a service that is the transportation of an individual) is made in a participating province, or is made outside the participating provinces to a person who is resident in a participating province, and any consideration for the supply becomes due, or is paid without having become due, on or after the specified pre-implementation date for that province and before the implementation date for that prov ince, for any part of the service that was not performed before that implementation date, that consideration is deemed, for the purpose of applying subsection 165(2), section 218.1 or subsection 220.08(1), as the case may require, to the supply, to have become due on that implementation date and not to have been paid before that implementation date.
Memberships and admissions	(4) For the purposes of this Division, a supply of a membership in a club, an organiza tion or an association and a supply of an admission in respect of a place of amusement, a seminar, an activity or an event in a participating province are each deemed to be a supply of a service, but a supply of a right to acquire a membership in a club, an organiza tion or an association is deemed to be a supply of property.
Admissions sold before announce- ment	(5) Where a taxable supply of an admission to a dinner, ball, concert, show or like event in a participating province is made to a person on or before the announcement date for the participating province,
	(a) no tax is payable under subsection 165(2) in respect of any supply of an admission to that event; and
	(b) no amount in respect of tax payable under subsection 165(2), section 212.1 or subsection 218.1(1), 220.05(1), 220.06(1), 220.07(1) or 220.08(1) shall be included in determining an input tax credit of the supplier in respect of any property or service to the extent that it was acquired, imported or brought into a participating province by the supplier for consumption or use in making supplies of those admissions or in holding that event.
Lifetime memberships	(6) Where a supply of a membership for the lifetime of an individual is made in a partici pating province, or is made outside the participating provinces to a person who is resident in a participating province, and the total of all amounts that were paid after the announcement date for that province and before the implementation date for that prov ince as consideration for the supply exceeds 25% of the total consideration for the supply, for the purpose of applying subsection 165(2), 218.1(1) or 220.08(1) to the supply, as the case may require, the excess amount is deemed to have become due on that implementation date and not to have been paid before that imple mentation date.
Combined supply	(7) For the purpose of determining when tax under subsection 165(2) becomes payable in respect of a supply made in a participating province, where
	(a) any combination of service, personal property or real property (each of which is in this subsection referred to as an ``ele ment'') is supplied in a participating prov ince,
	(b) the consideration for each element is not separately identified, and
	(c) no tax would be payable under subsec tion 165(2) in respect of an element that is property, the ownership or possession of which is transferred to the recipient before the implementation date for that province, if that element were supplied separately,
	the element mentioned in paragraph (c) is deemed to have been supplied separately from all of the other elements.
Application	(8) This section does not apply to a supply in respect of which section 353 applies.
Legal service performed before implementa- tion	357. (1) Where a supply of a legal service is made in a participating province, or is made outside the participating provinces to a person who is resident in a participating province, and the consideration for the supply does not become due under the agreement for the supply until allowed, directed or ordered by a court or until the completion or termination of the service provided by the supplier, no tax is payable under subsection 165(2), 218.1(1) or 220.08(1) in respect of that consideration to the extent that it relates to any part of the service that was performed before the imple mentation date for that province.
Service of representa- tive, trustee, receiver or liquidator	(2) Where
	(a) a supply of
	(i) a service of a personal representative in respect of the administration of an estate, or
	(ii) a service of a trustee, receiver or liquidator
	is made in a participating province, or is made outside the participating provinces to a person who is resident in a participating province, and
	(b) consideration for the supply does not become due
	(i) in the case of the service of a personal representative, until it is approved by all beneficiaries of the estate or in accor dance with the terms of the trust binding the personal representative,
	(ii) in the case of the service of a trustee, until a date determined under the terms of the trust or an agreement in writing for the supply, or
	(iii) in any case, until it is allowed, directed or ordered by a court,
	no tax is payable under subsection 165(2), 218.1(1) or 220.08(1) in respect of that consid eration to the extent that it relates to any part of the service that was performed before the implementation date for that province.
Services performed before implementa- tion	(3) For the purposes of subsections (1) and (2), where substantially all of a service supplied in a participating province, or outside the participating provinces, to a person resi dent in a participating province, is performed before the implementation date for that prov ince, all of the service is deemed to have been performed before that implementation date.
Transporta- tion of individuals	358. (1) Where a supply is made by a person in a participating province of a service that is the transportation of an individual (other than a service to which subsection (4) applies) and the service begins before the implementation date for that province, no tax is payable under subsection 165(2) in respect of any consider ation, that is paid or becomes due before the day that is four months after the implementa tion date, for that supply or for a supply of a service provided by the person of transporting the individual's baggage in connection with the transportation of the individual.
Transporta- tion of individuals	(2) Where any consideration for a supply made in a participating province of a service that is the transportation of an individual (other than a service to which subsection (4) applies) becomes due, or is paid without having become due, on or after the specified pre-implementation date for that province and before the implementation date for that prov ince for any part of the service that was not performed before the implementation date for that province, for the purpose of applying subsection 165(2) to the supply, that consider ation is deemed to have become due on that implementation date and not to have been paid before that implementation date.
Transporta- tion pass within 30 days of implementa- tion	(3) No tax is payable under subsection 165(2) in respect of a supply made in a participating province by a person to an individual of a transportation pass that entitles the individual to transportation services, dur ing a period beginning before the implementa tion date for that province and ending before the day that is one month after that imple mentation date, without payment of consider ation by the individual each time a supply of a transportation service is made to the individ ual.
Transporta- tion pass	(4) Where a supply is made in a participat ing province by a person to an individual of a transportation pass that entitles the individual to transportation services, during a period beginning before the implementation date for that province and ending on or after the day that is one month after that implementation date, without payment of consideration by the individual each time a supply of a transporta tion service is made to the individual and consideration for the pass becomes due, or is paid without having become due, on or after the specified pre-implementation date for that province and before the day that is four months after that implementation date, the part of the consideration for the pass deter mined by the formula
	A x B/C
	where
	A is amount of the consideration for the pass,
	B is the number of days in the period that are on or after that implementation date, and
	C is the number of days in the period,
	is deemed, for the purpose of applying subsec tion 165(2) to the supply, to have become due on that implementation date and not to have been paid before that implementation date.
Freight transporta- tion services	359. (1) Where one or more carriers make a supply in a participating province of freight transportation services in respect of a continu ous freight movement of tangible personal property and, before the implementation date for that province, the shipper of the property transfers possession of the property to the first carrier engaged in the continuous freight movement, no tax is payable under subsection 165(2) in respect of any consideration for the supply that is paid or becomes due before the day that is four months after that implementa tion date.
Freight transporta- tion services after implementa- tion	(2) Where
	(a) one or more carriers make a supply of freight transportation services in a partici pating province in respect of a continuous freight movement of tangible personal property,
	(b) the shipper of the property does not transfer possession of the property before the implementation date for that province to the first carrier engaged in the continuous freight movement, and
	(c) consideration for the supply is paid or becomes due on or after the specified pre-implementation date for that province and before that implementation date,