J is the number of fiscal quarters ending on or after April 1, 1997 and in the particular reporting period, and

K is the total of all tax under subsection 165(2) in respect of supplies made in the participating province to the finan cial institution or under section 212.1 in respect of goods imported by the financial institution for use in the participating province that became payable by the financial institution during the fiscal quarter or that was paid by the financial institution during the fiscal quarter without having be come payable,

B is the total of all amounts that became collectible and all other amounts col lected by the financial institution in the fiscal quarter as or on account of tax under subsection 165(2), and

C is the financial institution's instalment base for the particular reporting period determined under paragraph 237(2)(b) as if the financial institution were not a selected listed financial institution and tax were not imposed under any of subsection 165(2), sections 212.1 and 218.1 and Division IV.1.

242. (1) The Act is amended by adding the following after section 363:

DIVISION XI

TAX INCLUSIVE PRICING

Definitions

364. The definitions in this section apply in this Division.

``electronic advertise-
ment''
« publicité électro-
nique »

``electronic advertisement'' of a registrant in cludes any audible or visual communica tion sent or transmitted by radio or televi sion broadcast, or through an electronic or telecommunication medium, by or on the direction of the registrant, whether in re sponse to an enquiry or otherwise, that de scribes or depicts any property or service that the registrant offers or is willing to sup ply, but does not include any such commu nication that does not indicate, either in the communication itself or in any other elec tronically transmitted message that relates to the communication, the price or consid eration for the property or service to which the communication or message relates.

``national catalogue''
« catalogue national »

``national catalogue'' means a prescribed pub lication.

``price information''
« renseigne-
ments sur le prix »

``price information'' in respect of property or a service means

      (a) a price tag for the property;

      (b) a price list in respect of the property or service;

      (c) an advertisement that in any way indicates the price or consideration for which the supplier of the property or service will supply the property or ser vice to a consumer;

      (d) any oral or written offer made by the supplier of the property or service to a consumer that indicates the price or consideration for which the supplier will supply the property or service to the consumer; or

      (e) any oral or written contract for the supply of property or a service to a consumer that indicates or sets out the price or consideration for the property or service.

``price list''
« liste de prix »

``price list'' in respect of property or a service means any list, menu, catalogue or other document, whether written, printed or elec tronically produced or disseminated, that indicates the price or consideration for which the supplier of the property or service will supply the property or service to a con sumer.

``price tag''
« étiquette de prix »

``price tag'' for property means any tag, stick er, label, sign or other device (other than a prescribed tag, sticker, label, sign or device) that is printed on, embossed on, attached to, or displayed in conjunction with, or in rela tion to, the property and that indicates visu ally the price or consideration for which the supplier of the property will supply the property to a consumer and includes the portion of any package containing the prop erty on which the price of the property is printed or embossed for visual reading.

``specified supplier''
« fournisseur déterminé »

``specified supplier'' means a supplier (other than a prescribed supplier) who is

      (a) Her Majesty in right of Canada;

      (b) a board, commission, corporation or other body established under an Act of Parliament to perform any function or duty on behalf of the Government of Canada; or

      (c) a person who carries on a work, undertaking or business that is within the legislative authority of Parliament.

``specified supply''
« fourniture déterminée »

``specified supply'' means a supply (other than a prescribed supply) of property or a service that is made by a specified supplier and

      (a) that is within the legislative authority of Parliament; or

      (b) the consideration for which is payable to Her Majesty in right of Canada, to a board, commission, corporation or other body established under an Act of Parlia ment to perform any function or duty on behalf of the Government of Canada or to an agent of Her Majesty in right of Canada or of such a board, commission, corporation or body.

``written advertise-
ment''
« publicité écrite »

``written advertisement'' of a registrant in cludes any written or printed communica tion sent or distributed by or on the direction of the registrant, whether in response to an enquiry or otherwise, that describes or de picts any property or service that the regis trant offers or is willing to supply, but does not include

      (a) any such communication that does not indicate, either in the communication itself, or in other written or printed material accompanying or that usually accompanies it, the price or consider ation for any property or service to which the communication or material relates; or

      (b) a national catalogue.

Price information - federal works etc.

365. (1) Every specified supplier who is a registrant and who makes or offers to make a specified supply of property or a service to a consumer shall indicate in all price informa tion in respect of the property or service the total of

    (a) the consideration for the supply, and

    (b) the tax imposed on the consumer under this Act in respect of the supply,

and, where in the price information there is any indication of the consideration or the tax, in such a way that the total is at least as promi nent as that indication of the consideration or the tax.

Exception

(2) Subsection (1) does not apply to a specified supplier in respect of a specified supply of a property or service of a prescribed class of properties or services made in pre scribed circumstances if the supplier indicates the price or consideration for the property or service in a manner, and in compliance with standards, prescribed for supplies of that class of properties or services when made in those circumstances.

Interprovin-
cial written advertise-
ments

366. (1) Every registrant (other than a prescribed registrant) who is not resident in a participating province and who distributes, or causes to be distributed, in the province, or sends, or causes to be sent, to a person at an address in the province a written advertise ment of the registrant that can reasonably be considered to be directed to one or more consumers and that in any way indicates the price of, or the consideration for the supply of, any property or service that the registrant offers or is willing to supply shall

    (a) indicate the price of the property or service as the total of

      (i) the consideration for the supply of the property or service, and

      (ii) the tax in respect of the supply of the property or service when made in the province; or

    (b) comply in respect of the advertisement with prescribed standards.

Interprovin-
cial electronic advertise-
ments

(2) Every registrant (other than a prescribed registrant) who is not resident in a participat ing province and who transmits, or causes to be transmitted, into the province an electronic advertisement of the registrant that can rea sonably be considered to be directed to one or more consumers and that in any way indicates the price of, or the consideration for the supply of, any property or service that the registrant offers or is willing to supply shall

    (a) indicate the price of the property or service as the total of

      (i) the consideration for the supply of the property or service, and

      (ii) the tax in respect of the supply of the property or service when made in a participating province; or

    (b) comply in respect of the advertisement with prescribed standards.

National catalogues

(3) Every publisher of a national catalogue that in any way indicates the price or consider ation for any property or service listed, enumerated, described or depicted in the catalogue shall either

    (a) indicate every price for a property or service in the catalogue as the total of

      (i) the consideration for the supply of the property or service, and

      (ii) the tax payable in respect of the supply of the property or service when made in the province; or

    (b) indicate in a clear and unambiguous manner and in readily readable print, on the first page of the catalogue and on every second page of the catalogue thereafter, that the prices indicated in the catalogue do not include tax.

Agents of suppliers

367. Where an agent of a registrant offers to supply property or a service on behalf of the registrant, the agent shall comply with this Part.

Offence

368. (1) Every person who fails to comply with this Part is guilty of an offence and liable on summary conviction to a fine of not less than $100 and not more than $5,000 or to imprisonment for not more than 30 days or to both.

Continuing offence

(2) Where a failure to comply with this Part continues on more than one day, each day on which the failure occurs constitutes a separate offence.

Application of ss. 736 & 737 of Criminal Code

(3) Sections 736 and 737 of the Criminal Code do not apply in respect of an offence under this Part.

Acts of employees etc.

(4) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an em ployee or agent of the accused whether the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused's knowledge or consent and that all due diligence was exercised to prevent its commission.

(2) Division XI of the Act, as enacted by subsection (1), except subsection 366(3) of the Act, comes into force on April 7, 1997, and subsection 366(3) of the Act, as enacted by subsection (1), comes into force on a day to be fixed by order of the Governor in Council.

1993, c. 27, s. 147(1)

243. (1) Section 2 of Part I of Schedule V to the Act is replaced by the following:

2. A supply by way of sale of a residential complex or an interest therein made by a person who is not a builder of the complex or, where the complex is a multiple unit residen tial complex, an addition thereto, unless the person claimed an input tax credit in respect of the last acquisition by the person of the complex or in respect of an improvement to the complex acquired, imported or brought into a participating province by the person after the complex was last acquired by the person.

(2) Subsection (1) comes into force on April 1, 1997.

1993, c. 27, s. 147(1)

244. (1) The portion of section 3 of Part I of Schedule V to the Act after paragraph (b) is replaced by the following:

unless the individual claimed an input tax credit in respect of the last acquisition by the individual of the real property included in the complex or in respect of an improvement to the real property acquired, imported or brought into a participating province by the individual after the real property was last ac quired by the individual.

(2) Subsection (1) comes into force on April 1, 1997.

1993, c. 27, s. 147(1)

245. (1) Paragraph 4(d) of Part I of Schedule V to the Act is replaced by the following:

    (d) the builder claimed an input tax credit in respect of the last acquisition by the builder of the complex, unit or premises or in respect of an improvement to the complex, unit or premises acquired, imported or brought into a participating province by the builder after the complex, unit or premises was last acquired by the builder.

(2) Subsection (1) comes into force on April 1, 1997.

1993, c. 27, s. 147(1)

246. (1) Paragraph 5(d) of Part I of Schedule V to the Act is replaced by the following:

    (d) the person claimed an input tax credit in respect of the last acquisition by the person of the complex or an addition thereto or in respect of an improvement to the complex acquired, imported or brought into a partici pating province by the person after the complex was last acquired by the person, other than an input tax credit in respect of the construction of an addition to the complex.

(2) Subsection (1) comes into force on April 1, 1997.

1993, c. 27, s. 147(1)

247. (1) The portion of section 5.3 of Part I of Schedule V to the Act after paragraph (b) is replaced by the following:

unless the person claimed an input tax credit in respect of the last acquisition by the person of the park or an additional area thereof or in respect of an improvement to the park ac quired, imported or brought into a participat ing province by the person after the park was last acquired by the person, other than an input tax credit in respect of an improvement to an additional area that was acquired, imported or brought into a participating province by the person before the additional area was last ac quired by the person.

(2) Subsection (1) comes into force on April 1, 1997.

248. (1) Paragraph 6(a) of Part I of Schedule V to the Act, as enacted by subsection 86(1), is replaced by the follow ing:

    (a) of a residential complex or a residential unit in a residential complex by way of lease, licence or similar arrangement for the purpose of its occupancy as a place of residence or lodging by an individual, where the period throughout which continu ous occupancy of the complex or unit is given to the same individual under the arrangement is at least one month; or

(2) Subsection (1) comes into force on April 1, 1997.

1993, c. 27, s. 148(1)

249. (1) The portion of section 6.1 of Part I of Schedule V to the Act between para graphs (c) and (d) is replaced by the following:

made by way of lease, licence or similar ar rangement for a lease interval (within the meaning assigned by subsection 136.1(1) of the Act) throughout which the lessee or any sub-lessee makes, or holds the property for the purpose of making, one or more supplies of the property or parts of the property and all or sub stantially all of those supplies

(2) Subsection (1) comes into force on April 1, 1997.

250. (1) The portion of paragraph 7(a) of Part I of Schedule V to the Act before subparagraph (i), as enacted by subsection 88(1), is replaced by the following:

    (a) of land (other than a site in a residential trailer park) made, under a lease, licence or similar arrangement which provides for continuous possession or use of the land for a period of at least one month, to

(2) The portion of paragraph 7(b) of Part I of Schedule V to the Act before subpara graph (i), as enacted by subsection 88(2), is replaced by the following:

    (b) of a site in a residential trailer park made, under a lease, licence or similar arrangement which provides for continuous possession or use of the site for a period of at least one month, to the owner, lessee or person in occupation or possession of

(3) Subsections (1) and (2) come into force on April 1, 1997.

1993, c. 27, s. 150(1); 1994, c. 9, par. 35(a)(F)

251. (1) Paragraph 8(b) of Part I of Schedule V to the Act is replaced by the following:

    (b) the space was, at any time, supplied to the supplier by way of sale and the supplier did not, after that time, claim an input tax credit in respect of an improvement to the space.

(2) Subsection (1) comes into force on April 1, 1997.

252. (1) Section 8.1 of Part I of Schedule V to the Act, as amended by subsection 89(1), is replaced by the following: