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(3) Subsections 211.8(2) and (3) of the
Act, as enacted by subsection (1), apply to
redemptions, acquisitions and cancellations
that occur after the day on which this Act is
assented to.
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(4) Section 211.9 of the Act, as enacted by
subsection (1), applies after the day on
which this Act is assented to, except that
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(5) Part XII.6 of the Act, as enacted by
subsection (1), applies to the 1997 and
subsequent calendar years.
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63. (1) Paragraph 212(1)(f) of the Act is
repealed.
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(2) Subsection (1) applies to amounts paid
and credited after April 1997.
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64. (1) Section 217 of the Act is replaced
by the following:
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Alternative re
Canadian
benefits
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217. (1) In this section, a non-resident
person's ``Canadian benefits'' for a taxation
year is the total of all amounts each of which
is an amount paid or credited in the year and
in respect of which tax under this Part would,
but for this section, be payable by the person
because of any of paragraphs 212(1)(h), (j) to
(m) and (q).
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Part I return
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(2) No tax is payable under this Part in
respect of a non-resident person's Canadian
benefits for a taxation year if the person
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Taxable
income
earned in
Canada
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(3) Where a non-resident person elects
under paragraph (2)(b) for a taxation year, for
the purposes of Part I
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Tax credits -
limitation
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(4) Sections 118 to 118.91 and 118.94 do not
apply in computing the tax payable under Part
I for a taxation year by a non-resident person
who elects under paragraph (2)(b) for the year,
unless
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Tax credits
allowed
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(5) In computing the tax payable under Part
I for a taxation year by a non-resident person
to whom neither paragraph (4)(a) nor
paragraph (4)(b) applies for the year there
may, notwithstanding section 118.94 and
subsection (4), be deducted the lesser of
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Special credit
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(6) In computing the tax payable under Part
I for a taxation year by a non-resident who
elects under paragraph (2)(b) for the year,
there may be deducted the amount determined
by the formula
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A x [(B - C) / B]
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where
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A is the amount of tax under Part I that would,
but for this subsection, be payable by the
person for the year;
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B is the amount determined under
subparagraph (3)(b)(ii) in respect of the
person for the year; and
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C is the amount determined under
subparagraph (3)(b)(i) in respect of the
person for the year.
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(2) Subsection (1) applies to the 1997 and
subsequent taxation years.
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65. (1) The portion of subparagraph
219(4)(a)(i.1) of the Act before clause (A) is
replaced by the following:
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(2) Subsection 219(5.1) of the Act is
replaced by the following:
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Additional tax
on insurer
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(5.1) Where a non-resident insurer ceases in
a taxation year to carry on all or substantially
all of an insurance business in Canada, it shall,
on or before its filing-due date for the year, pay
a tax for the year equal to 25% of the amount,
if any, by which
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exceeds
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(3) The definitions ``accumulated 1968
deficit'' and ``attributed surplus for the
year'' in subsection 219(7) of the Act are
replaced by the following:
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``accumulated
1968 deficit'' « déficit accumulé pour 1968 »
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``accumulated 1968 deficit'' of a life insurer
means such amount as can be established by
the insurer to be its deficit as of the end of
its 1968 taxation year from carrying on its
life insurance business in Canada on the
assumption that the amounts of its assets
and liabilities (including reserves of any
kind)
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``attributed
surplus'' « surplus attribué »
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``attributed surplus'' of an insurer for a
taxation year has the meaning assigned by
regulation;
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(4) Subsections (1) to (3) apply to the 1997
and subsequent taxation years.
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66. (1) Section 220 of the Act is amended
by adding the following after subsection (5):
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Assignment
by
corporation
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(6) Notwithstanding section 67 of the
Financial Administration Act and any other
provision of a law of Canada or a province, a
corporation may assign any amount payable to
it under this Act.
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Effect of
assignment
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(7) An assignment referred to in subsection
(6) is not binding on Her Majesty in right if
Canada and, without limiting the generality of
the foregoing,
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(2) Subsection (1) applies to assignments
made after March 5, 1996.
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67. (1) The portion of subsection 227(5) of
the Act before subparagraph (b)(ii) is
replaced by the following:
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Payments by
trustees, etc.
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(5) Where a specified person in relation to
a particular person (in this subsection referred
to as the ``payer'') has any direct or indirect
influence over the disbursements, property,
business or estate of the payer and the
specified person, alone or together with
another person, authorizes or otherwise causes
a payment referred to in subsection 135(3) or
153(1), or on or in respect of which tax is
payable under Part XII.5 or XIII, to be made
by or on behalf of the payer, the specified
person
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(2) Subsection 227(6) of the Act is
replaced by the following:
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Excess
withheld,
returned or
applied
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(6) Where a person on whose behalf an
amount has been paid under Part XII.5 or XIII
to the Receiver General was not liable to pay
tax under that Part or where the amount so paid
is in excess of the amount that the person was
liable to pay, the Minister shall, on written
application made no later than 2 years after the
end of the calendar year in which the amount
was paid, pay to the person the amount so paid
or such part of it as the person was not liable
to pay, unless the person is or is about to
become liable to make a payment to Her
Majesty in right of Canada, in which case the
Minister may apply the amount otherwise
payable under this subsection to that liability
and notify the person of that action.
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(3) Subsection 227(7) of the Act is
replaced by the following:
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Application
for assessment
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(7) Where, on application under subsection
(6) by or on behalf of a person to the Minister
in respect of an amount paid under Part XII.5
or XIII to the Receiver General, the Minister
is not satisfied
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the Minister shall assess any amount payable
under that Part by the person and send a notice
of assessment to the person, and sections 150
to 163, subsections 164(1) and (1.4) to (7),
sections 164.1 to 167 and Division J of Part I
apply with any modifications that the
circumstances require.
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(4) The portion of subsection 227(8.3) of
the Act before paragraph (a) is replaced by
the following:
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Interest on
amounts not
deducted or
withheld
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(8.3) A person who fails to deduct or
withhold any amount as required by
subsection 135(3), 153(1) or 211.8(2) or
section 215 shall pay to the Receiver General
interest on the amount at the prescribed rate,
computed
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(5) Subsection 227(8.3) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a), by adding the
word ``and'' at the end of paragraph (b) and
by adding the following after paragraph
(b):
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(6) Section 227 of the Act is amended by
adding the following after subsection (10):
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Part XII.5
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(10.01) The Minister may at any time assess
any amount payable under Part XII.5 by a
person resident in Canada and, where the
Minister sends a notice of assessment to that
person, Divisions I and J of Part I apply with
any modifications that the circumstances
require.
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(7) Paragraphs 227(10.1)(a) to (b) of the
Act are replaced by the following:
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(8) Subsection 227(15) of the Act is
replaced by the following:
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Partnership
included in
``person''
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(15) In this section, a reference to a
``person'' with respect to any amount
deducted or withheld or required to be
deducted or withheld is deemed to include a
partnership.
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68. (1) Section 233 of the Act is replaced
by the following:
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Information
return
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233. (1) Every person shall, on written
demand from the Minister served personally
or otherwise, whether or not the person has
filed an information return as required by this
Act or the regulations, file with the Minister,
within such reasonable time as is stipulated in
the demand, the information return if it has not
been filed or such information as is designated
in the demand.
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