1990, c. 45,
s. 12(1)
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182. (1) Paragraph 192(a) of the Act is
replaced by the following:
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(2) Subsection (1) comes into force on
April 1, 1997.
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183. (1) The formula in subsection 193(1)
of the Act and the portion of that subsection
after the formula are replaced by the
following:
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A x B
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where
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A is the lesser of
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B is the percentage that, immediately before
the particular time, the use of the property
otherwise than in commercial activities of
the registrant was of the total use of the
property.
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1993, c. 27,
s. 57(3)
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(2) Subsection 193(2) of the Act is
replaced by the following:
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Sale by public
sector bodies
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(2) Where at a particular time a registrant
that is a public sector body (other than a
financial institution) makes a particular
taxable supply of real property by way of sale
(other than a supply that is deemed under
subsection 200(2) or 206(5) to have been
made) and, immediately before the time tax
becomes payable in respect of the particular
taxable supply, the property was not used by
the registrant primarily in commercial
activities of the registrant, except where
subsection (1) applies, the registrant may,
notwithstanding section 170 and Subdivision
d, claim an input tax credit for the reporting
period in which tax in respect of the particular
taxable supply became payable or is deemed
to have been collected, as the case may be,
equal to the lesser of
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(3) Subsections (1) and (2) apply to
supplies made on or after April 1, 1997.
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1993, c. 27,
s. 58(1)
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184. (1) Paragraph 194(a) of the Act is
replaced by the following:
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(A/B) x C
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(2) Subsection (1) applies to supplies of
real property the ownership and possession
of which are transferred to the recipient of
the supply after March 1997.
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1993, c. 27,
s. 59(1)
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185. (1) Section 195 of the Act is replaced
by the following:
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Prescribed
property
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195. For the purposes of this Part, where a
person acquires or imports prescribed
property or brings it into a participating
province for use as capital property of the
person, the property is deemed to be personal
property and not real property.
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(2) Subsection (1) comes into force on
April 1, 1997.
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1993, c. 27,
s. 61(2)
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186. (1) Section 196 of the Act is
renumbered as subsection 196(1) and is
amended by adding the following:
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Intended and
actual use
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(2) For the purposes of this Part, where a
person at any time brings capital property of
the person into a participating province from
a non-participating province and the person
was using the property to a particular extent in
a particular way immediately after the
property or a portion thereof was last acquired
or imported by the person, the person is
deemed to bring it into the participating
province for use to the particular extent in the
particular way.
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(2) Subsection (1) comes into force on
April 1, 1997.
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1993, c. 27,
s. 61(2)
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187. (1) Subparagraph 196.1(b)(ii) of the
Act is replaced by the following:
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(2) Subsection (1) comes into force on
April 1, 1997.
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1993, c. 27,
ss. 64(1),
65(1)
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188. (1) Sections 198.1 and 198.2 of the
Act are repealed.
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(2) Subsection (1) comes into force on
April 1, 1997.
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1990, c. 45,
s. 12(1)
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189. (1) Subsection 199(2) of the Act is
replaced by the following:
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Acquisition of
capital
personal
property
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(2) Where a registrant acquires or imports
personal property or brings it into a
participating province for use as capital
property,
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1993, c. 27,
s. 66(1)
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(2) Paragraph 199(3)(b) of the Act is
replaced by the following:
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1990, c. 45,
s. 12(1);
1993, c. 27,
s. 66(2)
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(3) Subsections 199(4) and (5) of the Act
are replaced by the following:
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Improvement
to capital
personal
property
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(4) Where a registrant acquires, imports or
brings into a participating province an
improvement to personal property that is
capital property of the registrant, tax payable
by the registrant in respect of the acquisition,
importation or bringing in shall not be
included in determining an input tax credit of
the registrant unless, at the time that tax
becomes payable or is paid without having
become payable, the capital property is used
primarily in commercial activities of the
registrant.
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Use of
musical
instrument
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(5) For the purposes of subsections (2) and
(3) and 200(2) and (3), where an individual
who is a registrant uses a musical instrument
that is capital property of the individual in an
employment of the individual or in a business
carried on by a partnership of which the
individual is a member, that use is deemed to
be use in commercial activities of the
individual.
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(4) Subsections (1) to (3) come into force
on April 1, 1997.
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1990, c. 45,
s. 12(1)
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190. (1) Paragraphs 200(2)(a) and (b) of
the Act are replaced by the following:
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(2) Subsection (1) comes into force on
April 1, 1997.
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1993, c. 27,
s. 68(1)
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191. (1) Section 201 of the Act is replaced
by the following:
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Value of
passenger
vehicle
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201. For the purpose of determining an
input tax credit of a registrant in respect of a
passenger vehicle that the registrant at a
particular time acquires, imports or brings into
a participating province for use as capital
property in commercial activities of the
registrant, the tax payable by the registrant in
respect of the acquisition, importation or
bringing in, as the case may be, of the vehicle
is deemed to be the lesser of
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(A x B) - C
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(2) Subsection (1) comes into force on
April 1, 1997.
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1993, c. 27,
s. 69(1)
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192. (1) Subsection 202(2) of the Act is
replaced by the following:
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Input tax
credit on
passenger
vehicle or
aircraft
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(2) Where a registrant who is an individual
or a partnership acquires or imports a
passenger vehicle or aircraft or brings it into
a participating province for use as capital
property of the registrant, the tax payable
(other than tax deemed to be payable under
subsection (4)) by the registrant in respect of
that acquisition, importation or bringing in, as
the case may be, shall not be included in
determining an input tax credit of the
registrant unless the vehicle or aircraft was
acquired or imported, or brought in, as the
case may be, by the registrant for use
exclusively in commercial activities of the
registrant.
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1993, c. 27,
s. 69(3)
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(2) The portion of subsection 202(3) of the
Act before paragraph (a) is replaced by the
following:
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Improvement
to passenger
vehicle or
aircraft
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(3) Where a registrant who is an individual
or a partnership acquires, imports or brings
into a participating province an improvement
to a passenger vehicle or aircraft that is capital
property of the registrant, the tax payable by
the registrant in respect of the improvement
shall not be included in determining an input
tax credit of the registrant unless, throughout
the period
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1993, c. 27,
s. 69(4)
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(3) The portion of subsection 202(4) of the
Act before paragraph (a) is replaced by the
following:
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Non- exclusive use of passenger vehicle or aircraft
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(4) Notwithstanding subsections (2) and
(3), where a registrant who is an individual or
a partnership at any time acquires or imports
a passenger vehicle or aircraft, or brings it into
a participating province, for use as capital
property of the registrant but not for use
exclusively in commercial activities of the
registrant and tax is payable by the registrant
in respect of the acquisition, importation or
bringing in, as the case may require, for the
purpose of determining an input tax credit of
the registrant, the registrant is deemed
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1993, c. 27,
s. 69(4)
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(4) The description of A in paragraph
202(4)(b) of the Act is replaced by the
following:
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(5) Subsections (1) to (4) come into force
on April 1, 1997.
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1993, c. 27,
ss. 70(1), (2)
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193. (1) Subsection 203(1) of the Act is
replaced by the following:
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Sale of
passenger
vehicle
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203. (1) Where a registrant, at a particular
time in a reporting period of the registrant,
makes a taxable supply by way of sale of a
passenger vehicle that, immediately before
the particular time, was used as capital
property in commercial activities of the
registrant, the registrant may, notwithstanding
section 170, paragraphs 199(2)(a) and (4)(a)
and subsection 202(1), claim an input tax
credit for that period equal to the amount
determined by the formula
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A x (B - C) / B
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where
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A is the basic tax content of the vehicle at the
particular time;
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B is the total of
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