1990, c. 45,
s. 12(1)
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63. (1) Subsection 254(3) of the Act is
replaced by the following:
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Application
for rebate
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(3) A rebate shall not be paid in respect of
a residential complex or residential
condominium unit under subsection (2) to an
individual unless the individual has filed an
application for the rebate within two years
after the day ownership of the complex or unit
was transferred to the individual.
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1990, c. 45,
s. 12(1)
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(2) Paragraph 254(4)(c) of the Act is
replaced by the following:
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(3) Subsections (1) and (2) apply to any
rebate in respect of a residential complex
ownership of which is transferred after
June 1996 to the applicant for the rebate.
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1993, c. 27,
s. 110(1)
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64. (1) The definition ``long term lease''
in subsection 254.1(1) of the Act is replaced
by the following:
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``long-term
lease'' « bail de longue durée »
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``long-term lease'', in respect of land, means
a lease under which continuous possession
of the land is provided for a period of at least
twenty years or a lease that contains an
option to purchase the land;
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1993, c. 27,
s. 110(1)
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(2) The portion of paragraph 254.1(2)(a)
of the Act before subparagraph (ii) is
replaced by the following:
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(3) Section 254.1 of the Act is amended by
adding the following after subsection (2):
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Exception
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(2.1) A rebate under subsection (2) shall not
be paid in respect of a residential complex
where the builder of the complex is not
required, because of an Act of Parliament
(other than this Act) or any other law, to pay
or remit the tax that the builder is deemed to
have paid and collected under subsection
191(1) in respect of a supply of the complex
deemed to have been made under that
subsection.
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1993, c. 27,
s. 110(1)
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(4) Subsection 254.1(3) of the Act is
replaced by the following:
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Application
for rebate
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(3) A rebate shall not be paid in respect of
a residential complex under subsection (2) to
an individual unless the individual has filed an
application for the rebate within two years
after the day possession of the complex was
transferred to the individual.
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1993, c. 27,
s. 110(1)
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(5) Paragraph 254.1(4)(b) of the Act is
replaced by the following:
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(6) Subsection (1) is deemed to have come
into force on September 15, 1992 but does
not apply for the purpose of determining
any amount claimed (other than an amount
deemed under paragraph 296(5)(a) of the
Act to have been claimed as a result of an
assessment made after April 23, 1996) in a
return under Division V, or in an
application under Division VI, of Part IX of
the Act received by the Minister of National
Revenue before April 23, 1996.
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(7) Subsection (2) applies to any rebate
for which an application is filed with the
Minister of National Revenue on or after
April 23, 1996.
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(8) Subsection (3) is deemed to have come
into force on December 17, 1990 but does
not apply to a rebate for which an
application (other than an application
deemed under paragraph 296(5)(a) of the
Act to have been filed as a result of an
assessment made after April 23, 1996) was
received by the Minister of National
Revenue before April 23, 1996.
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(9) Subsections (4) and (5) apply to any
rebate in respect of a residential complex
possession of which is transferred after
June 1996 to the applicant for the rebate.
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1993, c. 27,
s. 111(4)(F)
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65. (1) Subsection 255(3) of the Act is
replaced by the following:
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Application
for rebate
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(3) A rebate shall not be paid in respect of
a share of the capital stock of a cooperative
housing corporation under subsection (2) to an
individual unless the individual files an
application for the rebate within two years
after the day ownership of the share was
transferred to the individual.
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(2) Subsection (1) applies to any rebate in
respect of a share of the capital stock of a
cooperative housing corporation
ownership of which is transferred after
June 1996 to the applicant for the rebate.
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1990, c. 45,
s. 12(1); c.
27,
s. 112(2)(F)
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66. (1) Paragraph 256(2)(a) of the Act is
replaced by the following:
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(2) Section 256 of the Act is amended by
adding the following after subsection (2):
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Homes
occupied
before
substantial
completion
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(2.01) Where an individual acquires an
improvement in respect of a residential
complex that the individual is constructing or
substantially renovating and tax in respect of
the improvement becomes payable by the
individual more than two years after the day
the complex is first occupied as described in
subparagraph (2)(d)(i), that tax shall not be
included under paragraph (2)(c) in
determining the total tax paid by the
individual.
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1990, c. 45,
s. 12(1)
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(3) The portion of subsection 256(3) of the
Act before paragraph (b) is replaced by the
following:
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Application
for rebate
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(3) A rebate shall not be paid under
subsection (2) in respect of a residential
complex to an individual unless the individual
files an application for the rebate within two
years after the earliest of
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(4) Subsections (1) to (3) apply to any
rebate in respect of a residential complex
for which an application is filed with the
Minister of National Revenue on or after
April 23, 1996 except where
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1993, c. 27,
s. 113(1)
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67. (1) Subsection 256.1(2) of the Act is
replaced by the following:
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Application
for rebate
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(2) A rebate shall not be paid under
subsection (1) to an owner or lessee of land in
respect of a supply of the land made to a person
who will be deemed under any of subsections
190(3) to (5) and section 191 to have made on
a particular day another supply of the property
that includes the land, unless the owner or
lessee, as the case may be, files an application
for the rebate on or before the day that is two
years after the particular day.
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(2) Subsection (1) applies to any rebate in
respect of land that is deemed to have been
supplied, after June 1996, under any of
subsections 190(3) to (5) and section 191 of
the Act.
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1990, c. 45,
s. 12(1)
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68. (1) Subsection 257(2) of the Act is
replaced by the following:
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Application
for rebate
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(2) A rebate shall not be paid under
subsection (1) to a person in respect of the
supply by way of sale of real property by the
person unless the person files an application
for the rebate within two years after the day the
consideration for the supply became due or
was paid without having become due.
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Redemption
of real
property
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(3) Where
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the following rules apply:
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(2) Subsection 257(2) of the Act, as
enacted by subsection (1), applies to any
rebate in respect of a supply of real property
for which all of the consideration becomes
due after June 1996 or is paid after that
month without having become due.
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(3) Subsection 257(3) of the Act, as
enacted by subsection (1), is deemed to have
come into force on April 24, 1996.
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1990, c. 45,
s. 12(1)
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69. (1) Paragraph (b) of the definition
``claim period'' in subsection 259(1) of the
Act is replaced by the following:
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1993, c. 27,
s. 115(2)
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(2) Subparagraph (a)(ii) of the definition
``non-creditable tax charged'' in subsection
259(1) of the Act is replaced by the
following:
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1993, c. 27,
s. 115(2)
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(3) Paragraph (b) of the definition
``non-creditable tax charged'' in subsection
259(1) of the Act is replaced by the
following:
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1990, c. 45,
s. 12(1)
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(4) Paragraph (d) of the definition
``selected public service body'' in
subsection 259(1) of the Act is replaced by
the following:
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1993, c. 27,
s. 115(3)
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(5) Subsection 259(3) of the Act is
replaced by the following:
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Rebate for
persons other
than
designated
municipa- lities
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(3) Where a person (other than a listed
financial institution, a registrant prescribed
for the purposes of subsection 188(5) and a
person designated to be a municipality for the
purposes of this section) is, on the last day of
a claim period of the person or of the person's
fiscal year that includes that claim period, a
selected public service body, charity or
qualifying non-profit organization, the
Minister shall, subject to subsections (4.1) and
(5), pay a rebate to the person equal to the
prescribed percentage of the non-creditable
tax charged in respect of property or a service
(other than a prescribed property or service)
for the claim period.
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1993, c. 27,
s. 115(3)
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(6) The portion of subsection 259(4) of the
Act before the formula is replaced by the
following:
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Rebate for
designated
municipa- lities
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(4) Where a person is, on the last day of a
claim period of the person or of the person's
fiscal year that includes that claim period,
designated to be a municipality for the
purposes of this section in respect of activities
(in this subsection referred to as the
``designated activities'') specified in the
designation, the Minister shall, subject to
subsections (4.1) and (5), pay a rebate to the
person in respect of property or a service
(other than a prescribed property or service)
equal to the amount determined by the
formula
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(7) Section 259 of the Act is amended by
adding the following after subsection (4):
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Apportion- ment of rebate
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(4.1) Where a person is
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the rebate, if any, payable to the person under
subsection (3) or (4) in respect of property or
a service for a claim period is equal to the total
of
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A x (B - 50%) x C
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1993, c. 27,
s. 115(3)
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(8) Subsections 259(12) to (15) of the Act
are replaced by the following:
|
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Prescribed
method
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(12) A prescribed person may determine the
rebates payable to the person under this
section in accordance with prescribed rules.
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(9) Subsection (1) applies for the purpose
of determining claim periods of a person in
fiscal years of the person beginning after
1996.
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(10) Subsection (2) applies to tax deemed
to have been collected by a registrant
during reporting periods of the registrant
beginning after 1996.
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(11) Subsections (3), (4) and (8) apply for
the purpose of determining rebates under
section 259 of the Act, as amended by
subsections (1) and (2) and (5) to (7), in
respect of non-creditable tax charged for
claim periods beginning after
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