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(4) Paragraph 245(2)(a) of the Act is
amended by adding the following after
subparagraph (ii):
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1993, c. 27,
s. 105(1)
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(5) Subparagraph 245(2)(b)(i) of the Act
is replaced by the following:
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1990, c. 45,
s. 12(1);
1993, c. 27,
s. 105(1)
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(6) The portion of paragraph 245(2)(b) of
the English version of the Act after
subparagraph (iii) is replaced by the
following:
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1993, c. 27,
s. 105(2)
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(7) Paragraph 245(2)(c) of the Act is
repealed and paragraph 245(2)(d) of the
Act is renumbered as paragraph 245(2)(c).
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(8) Subsection (1) applies to fiscal years
beginning after April 23, 1996.
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(9) Subsections (2) and (3) apply after
1992.
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(10) Subsections (4) to (7) apply to fiscal
years beginning after 1996.
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1990, c. 45,
s. 12(1)
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56. (1) Subsection 247(1) of the Act is
replaced by the following:
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Election for
fiscal quarters
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247. (1) A person that is a charity on the first
day of a fiscal year of the person or whose
threshold amount for a fiscal year does not
exceed $6,000,000 may make an election to
have reporting periods that are fiscal quarters
of the person, to take effect
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1990, c. 45,
s. 12(1)
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(2) Paragraphs 247(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 April 23, 1996 except that in
determining a person's reporting period for
fiscal years beginning before 1997,
subsection 247(1) of the Act, as enacted by
subsection (1), shall be read without
reference to ``that is a charity on the first
day of a fiscal year of the person or''.
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(4) Subsection (2) applies to fiscal years
beginning after 1996.
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1994, c. 9,
s. 18(1)
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57. (1) Subsection 248(1) of the Act is
replaced by the following:
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Election for
fiscal years
|
248. (1) A registrant that is a charity on the
first day of a fiscal year of the registrant or
whose threshold amount for a fiscal year does
not exceed $500,000 may make an election to
have reporting periods that are fiscal years of
the registrant, to take effect on the first day of
that fiscal year.
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1990, c. 45,
s. 12(1)
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(2) Paragraphs 248(2)(b) and (c) of the
Act are replaced by the following:
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(3) Subsection (1) applies to fiscal years
beginning after March 1994 except that in
respect of fiscal years beginning before
1997, subsection 248(1) of the Act, as
enacted by subsection (1), shall be read
without reference to ``that is a charity on
the first day of a fiscal year of the registrant
or''.
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(4) Subsection (2) is deemed to have come
into force on January 1, 1997.
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1993, c. 27,
s. 107(1)
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58. (1) Paragraph 252(1)(a) of the Act is
repealed and paragraphs 252(1)(b) to (d)
are renumbered as 252(1)(a) to (c)
respectively.
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(2) Subsection (1) applies to property
acquired after April 23, 1996.
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1993, c. 27,
s. 107(1)
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59. (1) Subsection 252.1(1) of the Act is
replaced by the following:
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Meaning of
``tour
package''
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252.1 (1) In this section and section 252.2,
``tour package'' has the meaning assigned by
subsection 163(3), but does not include a tour
package that includes a convention facility or
related convention supplies.
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1993, c. 27,
s. 107(1)
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(2) Subsection 252.1(2) of the Act is
replaced by the following:
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Accommoda- tion rebate to non-resident persons
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(2) Where
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the Minister shall, subject to subsection (8)
and section 252.2, pay a rebate to the person
equal to the tax paid by the person in respect
of the accommodation.
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1993, c. 27,
s. 107(1)
|
(3) Paragraph 252.1(3)(d) of the Act is
replaced by the following:
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1993, c. 27,
s. 107(1)
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(4) The portion of subsection 252.1(4) of
the Act before the formula is replaced by
the following:
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Tax paid in
respect of
accommoda- tion
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(4) For the purposes of subsection (2),
where, in an application filed by a person for
rebates under that subsection in respect of one
or more supplies of short-term
accommodation in respect of which tax was
paid by the person and that is neither acquired
by the person for use in the course of a business
of the person nor included in a tour package,
the person elects to have any of those rebates
determined in accordance with the formula set
out in this subsection, the amount of tax paid
in respect of each of those supplies of
short-term accommodation is deemed to be
equal to the amount determined by the
formula
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1993, c. 27,
s. 107(1)
|
(5) The description of A in subsection
252.1(4) of the French version of the Act is
replaced by the following:
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A représente le nombre de nuits pour
lesquelles le logement est mis à la
disposition d'un particulier aux termes de la
convention portant sur la fourniture.
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1993, c. 27,
s. 107(1)
|
(6) The description of A in paragraph
252.1(5)(a) of the French version of the Act
is replaced by the following:
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1993, c. 27,
s. 107(1)
|
(7) The description of B in paragraph
252.1(5)(b) of the French version of the Act
is replaced by the following:
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1993, c. 27,
s. 107(1)
|
(8) The description of C in paragraph
252.1(5)(b) of the Act is replaced by the
following:
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1993, c. 27,
s. 107(1)
|
(9) Subsections 252.1(6) and (7) of the Act
are replaced by the following:
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Multiple
supplies of
accommoda- tion for the same night
|
(6) For the purpose of determining, in
accordance with the formula set out in
subsection (4), the amount of a rebate payable
under subsection (2) to a consumer of
short-term accommodation, where a
registrant makes a particular supply to the
consumer of short-term accommodation that
is made available to the consumer for any
night, any other supply by the registrant to the
consumer of short-term accommodation that
is made available to the consumer for the same
night is deemed not to be a supply separate
from the particular supply.
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|
Multiple
supplies of
accommoda- tion for the same night
|
(7) For the purpose of determining, in
accordance with the formula set out in
paragraph (5)(a), the amount of a rebate
payable under subsection (2) to a consumer of
a tour package that includes short-term
accommodation, where a registrant makes a
supply to the consumer of a particular tour
package that includes short-term
accommodation that is made available to the
consumer for any night, any other short-term
accommodation that is included in another
tour package supplied by the registrant to the
consumer and made available to the consumer
for the same night is deemed to be included in
the particular tour package and not in any
other tour package.
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1993, c. 27,
s. 107(1)
|
(10) Paragraph 252.1(8)(a) of the Act is
replaced by the following:
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1993, c. 27,
s. 107(1)
|
(11) Clause 252.1(8)(d)(ii)(A) of the
French version of the Act is replaced by the
following:
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(12) Subsection (1) is deemed to have
come into force on December 17, 1990.
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(13) Subsections (2) to (11) apply to any
rebate under section 252.1 of the Act for
which an application is received by the
Minister of National Revenue after April
23, 1996.
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1993, c. 27,
s. 107(1)
|
60. (1) Paragraph 252.2(e) of the Act is
replaced by the following:
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1993, c. 27,
s. 107(1)
|
(2) Paragraph 252.2(g) of the Act is
replaced by the following:
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(3) Subsection (1) applies to any rebate
for which an application is received by the
Minister of National Revenue after June
1996.
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(4) Subsection (2) applies to any rebate
under section 252.1 of the Act for which an
application is received by the Minister of
National Revenue after April 23, 1996.
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61. (1) The Act is amended by adding the
following after section 252.4:
|
|
Non-resident
rebate
respecting
installation
services
|
252.41 (1) Where tangible personal
property is supplied on an installed basis by a
non-resident supplier who is not registered
under Subdivision d of Division V to a
particular person who is so registered and the
supplier or another non-resident person who is
not so registered is the recipient of a taxable
supply in Canada of a service of installing, in
real property located in Canada, the tangible
personal property so that it can be used by the
particular person,
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Application to
supplier
|
(2) Where a non-resident person submits to
a supplier an application for a rebate under
subsection (1) to which the non-resident
person would be entitled in respect of a supply
made by the supplier to the non-resident
person if the non-resident person had paid the
tax in respect of the supply and had applied for
the rebate in accordance with that subsection,
the supplier may pay to, or credit in favour of,
the non-resident person the amount of the
rebate in which event the supplier shall
transmit the application to the Minister with
the supplier's return filed under Division V for
the reporting period in which the rebate is paid
or credited and interest under subsection
297(4) is not payable in respect of the rebate.
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Joint and
several
liability
|
(3) Where, under subsection (2), a supplier
pays to, or credits in favour of, a person an
amount on account of a rebate and the supplier
knows or ought to know that the person is not
entitled to the rebate or that the amount paid
or credited exceeds the rebate to which the
person is entitled, the supplier and the person
are jointly and severally liable to pay to the
Receiver General under section 264 the
amount that was paid or credited on account of
the rebate or the excess amount, as the case
may be.
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(2) Subsection (1) applies to supplies of
services made after April 23, 1996.
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|
1993, c. 27,
s. 108(1)
|
62. (1) Paragraphs 253(1)(a) and (b) of
the Act are replaced by the following:
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1993, c. 27,
s. 108(1)
|
(2) The formula in subsection 253(1) of
the Act is replaced by the following:
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A x (B - C)
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|
(3) Subsection 253(1) of the Act is
amended by striking out the word ``and'' at
the end of the description of A, by adding
the word ``and'' at the end of the description
of B and by adding the following after the
description of B:
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C is the total of all amounts that the individual
received or is entitled to receive from the
individual's employer or the partnership, as
the case may be, as a reimbursement in
respect of the amount that was so deducted.
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(4) Subsections (1) to (3) are deemed to
have come into force on December 17, 1990
but do not apply for the purpose of
determining any rebate under section 253
of the Act that was claimed in an application
received by the Minister of National
Revenue before April 23, 1996 (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 that
day).
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