1990, c. 45,
s. 12(1)
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9. (1) Paragraph 148(1)(b) of the Act is
replaced by the following:
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1990, c. 45,
s. 12(1)
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(2) Paragraph 148(2)(b) of the Act is
replaced by the following:
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(3) Subsections (1) and (2) are deemed to
have come into force on April 23, 1996.
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1990, c. 9,
s. 6(1)
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10. (1) The portion of subsection 148.1(2)
of the Act before paragraph (a) is replaced
by the following:
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Charity and
public
institution as
small supplier
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(2) For the purposes of this Part, a person
that is a charity or a public institution at any
time in a particular fiscal year of the person is
a small supplier throughout the particular
fiscal year if
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1990, c. 9,
s. 6(1)
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(2) Paragraphs 148.1(2)(b) and (c) of the
Act are replaced by the following:
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(3) Subsection (1) is deemed to have come
into force on January 1, 1997.
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(4) Subsection (2) is deemed to have come
into force on April 23, 1996.
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1993, c. 27,
s. 24(2)
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11. (1) Subsection 149(1) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (a) and by replacing
paragraph (b) with the following:
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$10,000,000 x A/365
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$1,000,000 x A/365
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1993, c. 27,
s. 24(3)
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(2) Subsection 149(4) of the Act is
replaced by the following:
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Exclusion of
interest and
dividend
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(4) In determining a total for a person under
paragraph (1)(b) or (c), there shall not be
included interest, or any dividend, from a
corporation related to the person.
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Charities,
municipa- lities, etc.
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(4.1) Paragraphs (1)(b) and (c) do not apply
for the purpose of determining if a person is a
financial institution throughout a particular
taxation year where the person is
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(3) Subsections (1) and (2) apply to
taxation years beginning after April 23,
1996.
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1990, c. 45,
s. 12(1)
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12. (1) Subsections 150(1) and (2) of the
Act are replaced by the following:
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Election for
exempt
supplies
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150. (1) For the purposes of this Part, where
at any time a person who is a member of a
closely related group of which a listed
financial institution is a member files an
election made jointly by the person and a
corporation that is also a member of the group
at that time, every supply between the person
and the corporation of property by way of
lease, licence or similar arrangement or of a
service that is made at a time when the election
is in effect and that would, but for this
subsection, be a taxable supply is deemed to
be a supply of a financial service.
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Exception
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(2) Subsection (1) does not apply to an
imported taxable supply (within the meaning
assigned by section 217) or to property held or
services rendered by a member of a closely
related group as a participant in a joint venture
with another person at a time when an election
under section 273 between the member and
the other person is in effect.
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(2) Subsection (1) applies to any supply
for which consideration becomes due after
December 7, 1994 or is paid after that day
without having become due except that tax
under Division IV of Part IX of the Act shall
not be payable in respect of any
consideration that became due or was paid
on or before that day where that tax would
not, but for subsection (1), be payable in
respect of the supply.
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13. (1) Section 153 of the Act is amended
by adding the following after subsection (3):
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Used tangible
personal
property
trade-ins
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(4) Where, at the time a supplier makes a
supply of tangible personal property to a
recipient, the supplier accepts, in full or partial
consideration for the supply, other property (in
this subsection and subsection (5) referred to
as the ``trade-in'') that
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and the recipient is not required to collect tax
in respect of the supply of the trade-in, the
value of the consideration for the supply made
by the supplier is deemed, for the purposes of
this Part, to be equal to the amount, if any, by
which the value of the consideration for that
supply (as otherwise determined under this
Part) exceeds
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Exception
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(5) Subsection (4) does not apply
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(2) Subsection (1) applies to supplies
made after April 23, 1996 other than any
supply to a recipient of particular property
for which the supplier accepted, as full or
partial consideration under an agreement
in writing entered into before July 1996,
other tangible personal property (in this
subsection referred to as the ``trade-in'')
where the supplier charged or collected tax
in respect of the supply of the particular
property calculated without reference to
the amount credited by the supplier to the
recipient in respect of the trade-in.
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1990, c. 45,
s. 12(1)
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14. (1) Section 154 of the Act is replaced
by the following:
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Other taxes
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154. For the purposes of this Part, the
consideration for a supply of property or a
service includes any tax, duty or fee (other
than a prescribed tax, duty or fee, or tax under
this Part, payable by the recipient in respect of
the supply) imposed under an Act of
Parliament or the legislature of a province in
respect of the supply, production, importation,
consumption or use of the property or service
that is payable by the recipient or is payable or
collectible by the supplier.
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(2) Subsection (1) is deemed to have come
into force on December 17, 1990.
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1993, c. 27,
s. 26(1)
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15. (1) Subsection 155(2) of the Act is
replaced by the following:
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Exception
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(2) Subsection (1) does not apply to a supply
of property or a service by a person where
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(2) Subsection (1) applies to supplies
made after April 23, 1996 except that
subparagraph 155(2)(b)(iii) of the Act, as
enacted by subsection (1), shall, in respect
of supplies for which all of the consideration
becomes due or is paid before 1997, be read
as follows:
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1993, c. 27,
s. 30(1)
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16. (1) Section 164 of the Act is repealed.
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(2) Subsection (1) applies to supplies
made after 1996 except that it does not
apply to supplies of admissions to a dinner,
ball, concert, show or like event for which
the supplier has supplied admissions before
1997.
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1990, c. 45,
s. 12(1);
1993, c. 27,
s. 31(1)
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17. (1) The portion of subsection 165(3) of
the Act before subparagraph (c)(i) is
replaced by the following:
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Pay
telephones
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(3) Where the consideration for a supply of
a telecommunication service is paid by
depositing coins in a coin-operated telephone,
the tax payable in respect of the supply is equal
to
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(2) Section 165 of the Act is amended by
adding the following after subsection (3):
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Coin- operated devices
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(3.1) The tax payable in respect of a supply
of tangible personal property dispensed from,
or a service rendered through the operation of,
a mechanical coin-operated device that is
designed to accept only a single coin as the
total consideration for the supply is equal to
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(3) Subsection (1) applies to any supply
for which the recipient pays consideration
after April 23, 1996.
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(4) Subsection (2) applies to supplies
made after April 23, 1996.
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1990, c. 45,
s. 12(1)
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18. (1) Paragraph 167(2)(b) of the Act is
replaced by the following:
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1993, c. 27,
s. 32(2)
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(2) Paragraph 167(2)(d) of the Act is
replaced by the following:
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(3) Subsections (1) and (2) are deemed to
have come into force on December 17, 1990.
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1993, c. 27,
s. 35(4)
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19. (1) Paragraph 169(4)(b) of the Act is
replaced by the following:
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(2) Subsection (1) is deemed to have come
into force on January 1, 1997.
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20. (1) Subsection 170(1) of the Act is
amended by adding the following after
paragraph (a):
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(2) Subsection (1) applies to property
imported after April 23, 1996 and to
supplies for which all of the consideration
becomes due after that day or is paid after
that day without having become due.
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