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``taxable
percentage'' « pourcen- tage taxable »
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``taxable percentage'', at a particular time, in
respect of the provincially taxable portion
of a tour package or the non-provincially
taxable portion of a tour package, as the
case may be, (in this definition referred to
as the ``relevant portion'') means
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(3) Subsection 163(3) of the Act is
amended by adding the following in
alphabetical order:
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``non- provincially taxable portion'' « partie non taxable au provincial »
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``non-provincially taxable portion'' of a tour
package means all property and services
included in the taxable portion of the tour
package that are not included in the
provincially taxable portions of the tour
package;
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``provincially
taxable
portion'' « partie taxable au provincial »
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``provincially taxable portion'' of a tour
package, in respect of a participating
province, means all property and services
that are included in the tour package and the
supplies of which, if made otherwise than as
part of the tour package, would be supplies
made in the participating province in
respect of which tax under subsection
165(2) would be payable;
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(4) Subsections (1) and (2) apply to tour
packages that are supplied for
consideration that becomes due on or after
April 1, 1997 or is paid on or after that day
without having become due.
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(5) Subsection (3) comes into force on
April 1, 1997.
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1990, c. 45,
s. 12(1)
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160. (1) Section 165 of the Act, as
amended by section 17, is replaced by the
following:
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Imposition of
goods and
services tax
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165. (1) Subject to this Part, every recipient
of a taxable supply made in Canada shall pay
to Her Majesty in right of Canada tax in
respect of the supply calculated at the rate of
7% on the value of the consideration for the
supply.
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Tax in
participating
province
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(2) Subject to this Part, every recipient of a
taxable supply made in a participating
province shall pay to Her Majesty in right of
Canada, in addition to the tax imposed by
subsection (1), tax in respect of the supply
calculated at the tax rate for that province on
the value of the consideration for the supply.
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Zero-rated
supply
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(3) The tax rate in respect of a taxable
supply that is a zero-rated supply is 0%.
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Application in
offshore areas
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(4) Subsection (2) does not apply to a supply
of property or a service made in the Nova
Scotia offshore area or the Newfoundland
offshore area unless the supplier makes the
supply in the course of an offshore activity or
the recipient of the supply acquires the
property or service for consumption, use or
supply in the course of an offshore activity.
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Pay
telephones
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165.1 (1) 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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Coin- operated devices
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(2) Where the consideration for a supply of
tangible personal property or a service is paid
by depositing a single coin in a mechanical
coin-operated device that is designed to
accept only a single coin of twenty-five cents
or less as the total consideration for the supply
and the tangible personal property is
dispensed from the device or the service is
rendered through the operation of the device,
the tax payable in respect of the supply is equal
to zero.
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Calculation of
tax on several
supplies
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165.2 (1) Where two or more taxable
supplies are included in an invoice, receipt or
agreement and tax under section 165 is
imposed in respect of each of those supplies at
the same rate or rates, the tax payable in
respect of those supplies, calculated on the
consideration for those supplies that is
included in the invoice, receipt or agreement,
may be calculated on the total of that
consideration.
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Rounding of
tax
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(2) Where tax that is at any time payable
under this Division in respect of one or more
supplies included in an invoice, receipt or
agreement is an amount that includes a
fraction of a cent, the fraction
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(2) Subsection (1) comes into force on
April 1, 1997.
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1993, c. 27,
s. 35(1)
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161. (1) Subsections 169(1) and (1.1) of
the Act are replaced by the following:
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General rule
for credits
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169. (1) Subject to this Part, where a person
acquires or imports property or a service or
brings it into a participating province and,
during a reporting period of the person during
which the person is a registrant, tax in respect
of the supply, importation or bringing in
becomes payable by the person or is paid by
the person without having become payable,
the amount determined by the following
formula is an input tax credit of the person in
respect of the property or service for the
period:
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A x B
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where
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A is the tax in respect of the supply,
importation or bringing in, as the case may
be, that becomes payable by the person
during the reporting period or that is paid by
the person during the period without having
become payable; and
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B is
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Determining
credit for
improvement
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(1.1) Where a person acquires or imports
property or a service or brings it into a
participating province partly for use in
improving capital property of the person and
partly for another purpose, for the purpose of
determining an input tax credit of the person
in respect of the property or service,
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A x B
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(2) Subsections 169(1.2) and (1.3) of the
Act are repealed.
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(3) Section 169 of the Act is amended by
adding the following after subsection (2):
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Restricted
credit for
selected listed
financial
institutions
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(3) No amount shall be included in
determining an input tax credit of a person in
respect of tax that becomes payable by the
person under subsection 165(2) or section
212.1 while the person is a selected listed
financial institution unless
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(4) Paragraph 169(4)(b) of the Act, as
enacted by subsection 19(1), 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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1990, c. 45,
s. 12(1)
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162. (1) The portion of subsection 170(1)
of the Act before paragraph (a) is replaced
by the following:
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Restriction
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170. (1) In determining an input tax credit
of a registrant, no amount shall be included in
respect of the tax payable by the registrant in
respect of
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(2) The portion of paragraph 170(1)(a.1)
of the Act before subparagraph (i), as
enacted by subsection 20(1), is replaced by
the following:
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1990, c. 45,
s. 12(1)
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(3) The portion of paragraph 170(1)(b) of
the Act before subparagraph (i) is replaced
by the following:
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1990, c. 45,
s. 12(1)
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(4) Subsection 170(2) of the Act is
replaced by the following:
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Further
restriction
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(2) In determining an input tax credit of a
registrant, no amount shall be included in
respect of the tax payable by the registrant in
respect of property or a service acquired,
imported or brought into a participating
province by the registrant, except to the extent
that
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(5) Subsections (1) to (4) come into force
on April 1, 1997.
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1993, c. 27,
s. 37(1)
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163. (1) Paragraph 171(1)(b) 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,
s. 38(1)
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164. (1) Paragraph 171.1(2)(a) of the Act
is replaced by the following:
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1993, c. 27,
s. 38(1)
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(2) Subparagraph 171.1(2)(b)(i) of the
Act is replaced by the following:
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1993, c. 27,
s. 38(1)
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(3) Subparagraph 171.1(3)(b)(i) of the
Act is replaced by the following:
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1993, c. 27,
s. 38(1)
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(4) The portion of paragraph 171.1(3)(c)
of the Act after subparagraph (ii) is
replaced by the following:
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(5) Subsection (1) comes into force on
April 1, 1997.
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(6) Subsections (2) to (4) come into force
on April 1, 1997.
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165. (1) Paragraph 173(1)(c) of the Act, as
enacted by subsection 22(1), is replaced by
the following:
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(2) Subparagraph 173(1)(d)(i) of the
English version of the Act, as enacted by
subsection 22(1), is replaced by the
following:
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(3) Clause 173(1)(d)(ii)(B) of the French
version of the Act, as enacted by subsection
22(1), is replaced by the following:
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(A/B) x C
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