| 1993, c. 27,
s. 110(1)
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13. (1) The definition ``single unit
residential complex'' in subsection 254.1(1)
of the Act is replaced by the following:
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``single unit
residential
complex''
« immeuble
d'habitation à
logement
unique »
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``single unit residential complex'' includes
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(a) a multiple unit residential complex
that does not contain more than two
residential units, and
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(b) any other multiple unit residential
complex if it is described by paragraph
(c) of the definition ``residential
complex'' in subsection 123(1) and
contains one or more residential units
that are for supply as rooms in a hotel,
motel, inn, boarding house, lodging
house or similar premises and that would
be excluded from being part of the
residential complex if the complex were
a residential complex not described by
that paragraph.
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(2) Subsection (1) is deemed to have come
into force on June 1, 1997 and applies for
the purpose of determining any rebate of a
person under section 254.1 of the Act in
respect of a residential complex possession
of which is given to the person after May
1997.
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| 1993, c. 27,
s. 112(1)
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14. (1) The definition ``single unit
residential complex'' in subsection 256(1) of
the Act is replaced by the following:
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``single unit
residential
complex''
« immeuble
d'habitation à
logement
unique »
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``single unit residential complex'' includes
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(a) a multiple unit residential complex
that does not contain more than two
residential units, and
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(b) any other multiple unit residential
complex if it is described by paragraph
(c) of the definition ``residential
complex'' in subsection 123(1) and
contains one or more residential units
that are for supply as rooms in a hotel,
motel, inn, boarding house, lodging
house or similar premises and that would
be excluded from being part of the
residential complex if the complex were
a residential complex not described by
that paragraph.
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(2) Subsection (1) is deemed to have come
into force on June 1, 1997 and applies for
the purpose of determining any rebate of a
person under section 256 of the Act in
respect of a residential complex that the
person has constructed or substantially
renovated, or has engaged another person
to construct or substantially renovate, if the
construction or substantial renovation is
not substantially completed until after May
1997.
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15. If
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(a) a person would be entitled to claim a
rebate under section 254, 254.1 or 256 of
the Act in respect of a single unit
residential complex described in
paragraph (b) of the definition of that
expression in that section, as enacted by
subsection 12(1), 13(1) or 14(1), as the
case may be, if there were no limitation
on the period for filing an application for
the rebate or on the number of
applications that the person may make
with respect to that matter, and
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(b) the day on or before which the person
would, but for this section, be required to
file an application for the rebate is before
March 31, 2003,
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despite subsections 254(3), 254.1(3) and
256(3) of the Act, the person has until
March 31, 2003 to file an application for the
rebate with the Minister of National
Revenue. That application may, despite
subsection 262(2) of the Act, be the person's
second application for the rebate if, before
March 2001, the person had made an
application for the rebate and it has been
assessed.
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16. (1) The Act is amended by adding the
following after section 256.1:
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| Definitions
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256.2 (1) The definitions in this subsection
apply in this section.
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``first use''
« première
utilisation »
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``first use'', in respect of a residential unit,
means the first use of the unit after the
construction or last substantial renovation
of the unit or, in the case of a unit that is
situated in a multiple unit residential
complex, of the complex or addition to the
complex in which the residential unit is
situated is substantially completed.
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``percentage
of total floor
space''
« pourcentage
de superficie
totale »
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``percentage of total floor space'', in respect of
a residential unit forming part of a
residential complex or part of an addition to
a multiple unit residential complex, means
the proportion (expressed as a percentage)
that the total square metres of floor space
occupied by the unit is of the total square
metres of floor space occupied by all of the
residential units in the residential complex
or addition, as the case may be.
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``qualifying
portion of
basic tax
content''
« fraction
admissible de
teneur en
taxe »
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``qualifying portion of basic tax content'', at a
particular time, of property of a person
means the amount that would be the basic
tax content of the property at that time if
that amount were determined without
reference to subparagraph (v) of the
description of A in the definition ``basic tax
content'' in subsection 123(1) and if no
amount of tax under any of subsections
165(2), 212.1(2) and 218.1(1) and Division
IV.1 were included in determining that
basic tax content.
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``qualifying
residential
unit''
« habitation
admissible »
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``qualifying residential unit'' of a person, at a
particular time, means
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(a) a residential unit of which, at or
immediately before the particular time,
the person is the owner, a co-owner, a
lessee or a sub-lessee or has possession as
purchaser under an agreement of
purchase and sale, or a residential unit
that is situated in a residential complex of
which the person is, at or immediately
before the particular time, a lessee or a
sub-lessee, where
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(i) at the particular time, the unit is a
self-contained residence,
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(ii) the person holds the unit
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(A) for the purpose of making
exempt supplies of the unit that are
included in section 5.1, 6, 6.1 or 7 of
Part I of Schedule V, or
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(B) if the complex in which the unit
is situated includes one or more
other residential units that would be
qualifying residential units of the
person without regard to this clause,
for use as the primary place of
residence of the person,
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(iii) it is the case, or can reasonably be
expected by the person at the particular
time to be the case, that the first use of
the unit is or will be
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(A) as the primary place of resi
dence of the person or a relation of
the person, or of a lessor of the
complex or a relation of that lessor,
for a period of at least one year or for
a shorter period where the next use
of the unit after that shorter period is
as described in clause (B), or
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(B) as a place of residence of
individuals, each of whom is given
continuous occupancy of the unit,
under one or more leases, for a
period, throughout which the unit is
used as the primary place of resi
dence of that individual, of at least
one year or for a shorter period
ending when
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(I) the unit is sold to a recipient
who acquires the unit for use as
the primary place of residence of
the recipient or of a relation of the
recipient, or
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(II) the unit is taken for use as the
primary place of residence of the
person or a relation of the person
or of a lessor of the complex or a
relation of that lessor, and
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(iv) except where subclause (iii)(B)(II)
applies, if, at the particular time, the
person intends that, after the unit is
used as described in subparagraph (iii),
the person will occupy it for the
person's own use or the person will
supply it by way of lease as a place of
residence or lodging for an individual
who is a relation, shareholder, member
or partner of, or not dealing at arm's
length with, the person, the person can
reasonably expect that the unit will be
the primary place of residence of the
person or of that individual; or
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(b) a prescribed residential unit of the
person.
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``relation''
« proche »
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``relation'' has the meaning assigned by
subsection 256(1).
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``self-containe
d residence''
« résidence
autonome »
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``self-contained residence'' means a
residential unit
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(a) that is a suite or room in a hotel, a
motel, an inn, a boarding house or a
lodging house or in a residence for
students, seniors, individuals with a
disability or other individuals; or
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(b) that contains private kitchen
facilities, a private bath and a private
living area.
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| Reference to
``lease''
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(2) In this section, a reference to a ``lease''
shall be read as a reference to a ``lease, licence
or similar arrangement''.
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Rebate in
respect of
land and
building for
residential
rental
accommoda-
tion
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(3) If
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(a) a particular person, other than a
cooperative housing corporation,
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(i) is the recipient of a taxable supply by
way of sale (in this subsection referred to
as the ``purchase from the supplier'')
from another person of a residential
complex or of an interest in a residential
complex and is not a builder of the
complex, or
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(ii) is a builder of a residential complex,
or of an addition to a multiple unit
residential complex, who makes an
exempt supply by way of lease included
in section 6 or 6.1 of Part I of Schedule V
that results in the particular person being
deemed under section 191 to have made
and received a taxable supply by way of
sale (in this subsection referred to as the
``deemed purchase'') of the complex or
addition,
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(b) at a particular time, tax first becomes
payable in respect of the purchase from the
supplier or tax in respect of the deemed
purchase is deemed to have been paid by the
person,
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(c) at the particular time, the complex or
addition, as the case may be, is a qualifying
residential unit of the person or includes one
or more qualifying residential units of the
person, and
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(d) the person is not entitled to include the
tax in respect of the purchase from the
supplier, or the tax in respect of the deemed
purchase, in determining an input tax credit
of the person,
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the Minister shall, subject to subsections (7)
and (8), pay a rebate to the person equal to the
total of all amounts each of which is an
amount, in respect of a residential unit that
forms part of the residential complex or
addition, as the case may be, and is a
qualifying residential unit of the person at the
particular time, determined by the formula
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A x ($450,000 - B)/$100,000
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where
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A is the lesser of $8750 and the amount
determined by the formula
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A1 x A2
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A1 is 36% of the total tax under subsection
165(1) that is payable in respect of the
purchase from the supplier or is deemed
to have been paid in respect of the
deemed purchase, and
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(i) if the unit is a single unit residential
complex or a residential condominium
unit, 1, and
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(ii) in any other case, the unit's
percentage of total floor space, and
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B is the greater of $350,000 and
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(i) if the unit is a single unit residential
complex or a residential condominium
unit, the fair market value of the unit at
the particular time, and
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(ii) in any other case, the amount
determined by the formula
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B1 x B2
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B1 is the unit's percentage of total floor
space, and
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B2 is the fair market value at the
particular time of the residential
complex or addition, as the case may
be.
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| Rebate in
respect of sale
of building
and lease of
land
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(4) If
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(a) a person, other than a cooperative
housing corporation, is a builder of a
residential complex or of an addition to a
multiple unit residential complex and the
person makes
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(i) an exempt supply by way of sale,
included in section 5.1 of Part I of
Schedule V, of a building or part of a
building, and
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(ii) an exempt supply, included in section
7 of that Part, of land by way of lease or
an exempt supply, included in that
section, by way of assignment of a lease
in respect of land,
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(b) the lease provides for continuous
possession or use of the land for a period of
at least twenty years or it contains an option
to purchase the land,
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(c) those supplies result in the person being
deemed under section 191 to have made and
received a taxable supply by way of sale of
the complex or addition and to have paid tax
at a particular time in respect of that supply,
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(d) in the case of a multiple unit residential
complex or an addition to such a complex,
the complex or addition, as the case may be,
includes, at the particular time, one or more
qualifying residential units of the person,
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(e) the person is not entitled to include the
tax deemed to have been paid by the person
in determining an input tax credit of the
person, and
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(f) in the case of an exempt supply by way
of sale of a single unit residential complex
or a residential condominium unit, the
recipient of that supply is entitled to claim
a rebate under subsection 254.1(2) in
respect of the complex or unit,
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the Minister shall, subject to subsections (7)
and (8), pay a rebate to the person equal to the
total of all amounts each of which is an
amount, in respect of a residential unit that
forms part of the complex or addition, as the
case may be, and is, in the case of a multiple
unit residential complex or an addition to such
a complex, a qualifying residential unit of the
person at the particular time, determined by
the formula
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[A x ($450,000 - B)/$100,000] - C
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where
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A is the lesser of $8750 and the amount
determined by the formula
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A1 x A2
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A1 is 36% of the tax under subsection
165(1) that is deemed to have been paid
by the person at the particular time, and
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(i) if the unit is a single unit residential
complex or a residential condominium
unit, 1, and
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(ii) in any other case, the unit's
percentage of total floor space,
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B is the greater of $350,000 and
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(i) if the unit is a single unit residential
complex or a residential condominium
unit, the fair market value of the unit at
the particular time, and
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(ii) in any other case, the amount
determined by the formula
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B1 x B2
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B1 is the unit's percentage of total floor
space, and
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B2 is the fair market value at the
particular time of the residential
complex or addition, as the case may
be, and
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C is the amount of the rebate, if any, under
subsection 254.1(2) that the recipient of the
exempt supply by way of sale is entitled to
claim in respect of the complex or unit.
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| Rebate for
cooperative
housing
corporation
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(5) If
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