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the amount of tax that is payable and
collectible by the limited partnership, and the
amount of tax deemed to have been paid and
collected by the limited partnership under
paragraph 191(1)(e), in respect of the supply
of the particular residential condominium unit
that is deemed to have been made under
paragraph 191(1)(d) are equal to 4% of 80% of
the subscription price for the particular
interest.
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Definitions
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(6) The definitions in this subsection apply
in subsection (5).
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``offering
memoran- dum'' « notice d'offre »
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``offering memorandum'', in respect of an
offer to sell interests in a limited partnership
to the prospective subscribers, means one or
more documents in writing that set out
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``subscription
price'' « prix de souscrip- tion »
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``subscription price'', for an interest in a
limited partnership, means the
consideration payable for the interest as set
out in the offering memorandum.
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(2) Subsection (1) is deemed to have come
into force on December 17, 1990 but does
not apply to a limited partnership in respect
of residential condominium units owned by
the partnership that are located in a
particular condominium complex where
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unless the partnership applies for a rebate
in respect of that tax under section 261 of
the Act before 1998.
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(3) Subsection 261(3) of the Act does not
apply to a rebate referred to in subsection
(2) where an application for the rebate is
filed with the Minister of National Revenue
before 1998.
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(4) Where the Minister of National
Revenue has assessed any tax that was,
under Part IX of the Act as it read
immediately before this Act is assented to,
remittable by a limited partnership in
respect of supplies deemed under
subsection 191(1) of the Act to have been
made of residential condominium units to
which subsection 336(5) of the Act, as
enacted by subsection (1), applies, the
Minister may, before 1998 and
notwithstanding section 298 of the Act,
reassess the tax that is remittable by the
partnership in respect of those supplies in
accordance with Part IX of the Act as it
reads after this Act is assented to.
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(5) Where
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notwithstanding section 81.11 of the Act
and the fact that the Minister may have
made a previous determination under
section 72 of the Act respecting the
application for the rebate under section 121
of the Act, the Minister may, on or before
the later of
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make a further determination under
section 72 of the Act of the amount of the
rebate that is payable to the partnership
under section 121 of the Act or, where an
amount has been paid to the partnership in
respect of that rebate in excess of the
amount to which the partnership is entitled,
assess the excess as an amount payable by
the partnership under subsection 81.39(1)
of the Act.
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85. (1) Section 1 of Part I of Schedule V to
the Act is repealed.
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(2) Subsection (1) is deemed to have come
into force on April 24, 1996.
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1993, c. 27,
s. 147(1)
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86. (1) Paragraph 6(a) of Part I of
Schedule V to the Act is replaced by the
following:
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(2) Subsection (1) applies to any supply
the agreement for which is entered into
after September 14, 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)
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1993, c. 27,
s. 148(1)
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87. (1) Paragraph 6.1(b) of Part I of
Schedule V to the Act is replaced by the
following:
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(2) Subsection (1) is deemed to have come
into force on January 1, 1993.
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1993, c. 27,
s. 150(1)
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88. (1) The portion of paragraph 7(a) of
Part I of Schedule V to the Act before
subparagraph (i) is replaced by the
following:
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1993, c. 27,
s. 150(1)
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(2) The portion of paragraph 7(b) of Part
I of Schedule V to the Act before
subparagraph (i) is replaced by the
following:
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(3) Subsections (1) and (2) apply to any
supply the agreement for which is entered
into after September 14, 1992 but do 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)
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1993, c. 27,
s. 150(1);
1994, c. 9,
par. 35(b)(F)
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89. (1) The portion of section 8.1 of Part
I of Schedule V to the Act before paragraph
(a) is replaced by the following:
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8.1 A supply of a parking space by way of
lease, licence or similar arrangement under
which any such space is made available
throughout a period of at least one month
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(2) Subsection (1) applies to any supply
the agreement for which is entered into
after September 14, 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)
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1993, c. 29,
s. 151(1), (2)
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90. (1) Section 9 of Part I of Schedule V to
the Act is replaced by the following:
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9. (1) In this section, ``settlor'', in relation
to a testamentary trust that arose as a
consequence of the death of an individual,
means that individual.
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(2) A supply of real property made by way
of sale by an individual or a personal trust,
other than
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(2) Subsection (1) is deemed to have come
into force on December 17, 1990, except
that
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91. (1) Part I of Schedule V to the Act is
amended by adding the following after
section 13.2:
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13.3 A supply to a consumer of the right to
use a washing machine or clothes-dryer that is
located in a common area of a residential
complex.
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13.4 A supply by way of lease, licence or
similar arrangement of that part of the
common area of a residential complex that is
for use as a laundry made to a person who so
acquires the property for use in the course of
making supplies described in section 13.3.
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(2) Section 13.3 of Part I of Schedule V to
the Act, as enacted by subsection (1),
applies to supplies made after April 23,
1996.
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(3) Section 13.4 of Part I of Schedule V to
the Act, as enacted by subsection (1),
applies to any supply of property by way of
lease, licence or similar arrangement for
any period after April 23, 1996 and for
which consideration becomes due after that
day or is paid after that day without having
become due except that, for the purpose of
determining an input tax credit, for the
reporting period of the supplier that
includes December 15, 1996 or for any
preceding reporting period of the supplier,
in respect of property or a service acquired
or imported by the supplier on or before
December 15, 1996 for consumption or use
in the course of making the supply, the
supply is deemed to be a taxable supply and
where the supply of the property is for a
period (in this subsection referred to as the
``lease period'') that begins before April 24,
1996 and ends after that day, the provision
of the property for the part of the lease
period that is before April 24, 1996 and the
provision of the property for the remainder
of the lease period shall each be deemed to
be a separate supply and the supply of the
property for that remainder of the period is
deemed to be made on April 24, 1996.
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1990, c. 45,
s. 18
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92. (1) Paragraph (b) of the definition
``health care facility'' in section 1 of Part II
of Schedule V to the Act is replaced by the
following:
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1990, c. 45,
s. 18
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(2) The definition ``practitioner'' in
section 1 of Part II of Schedule V to the Act
is replaced by the following:
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``practitioner'', in respect of a supply of
optometric, chiropractic, physiotherapy,
chiropodic, podiatric, audiological,
occupational therapy, psychological or
dietetic services, means a person who
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(3) Subsection (2) is deemed to have come
into force on January 1, 1997 except that, in
relation to supplies made on or after that
day and before 1998, the portion of the
definition ``practitioner'' in section 1 of
Part II of Schedule V to the Act, as enacted
by subsection (2), before paragraph (b)
shall be read as follows:
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``practitioner'', in respect of a supply of
optometric, chiropractic, physiotherapy,
chiropodic, podiatric, osteopathic,
audiological, speech therapy, occupational
therapy, psychological or dietetic services,
means a person who
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1990, c. 45,
s. 18
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93. (1) Section 4 of Part II of Schedule V
to the Act is replaced by the following:
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4. A supply of an ambulance service made
by a person who carries on the business of
supplying ambulance services, but not
including an air ambulance service included
in section 15 of Part VII of Schedule VI.
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(2) Subsection (1) is deemed to have come
into force on December 17, 1990.
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1990, c. 45,
s. 18
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93.1 (1) The portion of section 6 of Part II
of Schedule V to the Act before paragraph
(a) is replaced by the following:
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6. A supply of a nursing service rendered by
a registered nurse, a registered nursing
assistant, a licensed or registered practical
nurse or a registered psychiatric nurse, where
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(2) Subsection (1) is deemed to have come
into force on January 1, 1994 except that,
with respect to supplies made before 1997,
the portion of section 6 of Part II of
Schedule V to the Act before paragraph (a),
as enacted by subsection (1), shall be read
without reference to ``or a registered
psychiatric nurse''.
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