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``bonded
warehouse'' « entrepôt de stockage »
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``bonded warehouse'' has the meaning
assigned by subsection 2(1) of the Customs
Act.
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``customer's
good'' « produit de client »
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``customer's good'', in respect of a particular
person, means tangible personal property of
another person that the particular person
imports, or obtains physical possession of in
Canada, for the purpose of supplying a
service or added property in respect of the
tangible personal property.
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``domestic
inventory'' « stocks intérieurs »
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``domestic inventory'' of a person means
tangible personal property that the person
acquires in Canada, or acquires outside
Canada and imports, for the purpose of
selling the property separately for
consideration in the ordinary course of a
business carried on by the person.
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``export
revenue'' « recettes d'exportation »
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``export revenue'' of a particular person for a
fiscal year means the total of all amounts
each of which is consideration, included in
determining the specified total revenue of
the person for the year, for
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``export
revenue
percentage'' « pourcentage de recettes d'exportation »
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``export revenue percentage'' of a person for
a year means the proportion (expressed as a
percentage) that the person's export
revenue for the year is of the person's
specified total revenue for the year.
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``finished
inventory'' « stocks finis »
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``finished inventory'' of a person means
property of the person (other than capital
property) that is in the state at which it is
intended to be sold by the person, or to be
used by the person as added property, in the
course of a business carried on by the
person.
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``labelling'' « étiquetage »
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``labelling'' includes marking, tagging and
ticketing.
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``packing'' « emballage »
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``packing'' includes unpacking, repacking,
packaging and repackaging.
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``processing'' « traitement »
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``processing'' includes adjusting, altering,
assembling and any basic service.
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``specified
total revenue'' « recettes totales déterminées »
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``specified total revenue'' of a person for a
fiscal year of the person means the total of
all amounts each of which is consideration,
included in determining the income from a
business of the person for the year, for a
supply made by the person (or that would be
made by the person but for any provision of
this Part that deems the supply to be made
by another person), other than
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``substantial
alteration of
property'' « modification sensible »
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``substantial alteration of property'' by a
person, in respect of a fiscal year of the
person, means
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Value added
attributable to
non-basic
services in
respect of
finished
inventory
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(2) A person's percentage value added
attributable to non-basic services in respect of
finished inventory of the person for a fiscal
year of the person is the amount (expressed as
a percentage) determined by the formula
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A/B
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where
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A is the total of all amounts each of which
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B is the total cost to the person of the proper
ty.
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Total value
added in
respect of
finished
inventory
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(3) The percentage total value added in
respect of finished inventory of a person for a
fiscal year of the person is the amount
(expressed as a percentage) that would be
determined for the year by the formula in
subsection (2) if the total for A in that
subsection did not exclude any amounts that
are reasonably attributable to the performance
of basic services.
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Value added
attributable to
non-basic
services in
respect of
customers'
goods
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(4) A person's percentage value added
attributable to non-basic services in respect of
customers' goods for a fiscal year of the
person is the amount (expressed as a
percentage) determined by the formula
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A/(A + B)
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where
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A is the total of all consideration, included in
determining the income from a business of
the person for the year, for supplies of ser
vices, or of added property, in respect of
customers' goods, other than the portion of
such consideration that is reasonably at
tributable to the performance of basic ser
vices or to the provision of added property
used in the performance of basic services,
and
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B is the total of the base values of the cus
tomers' goods.
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Total value
added in
respect of
customers'
goods
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(5) A person's percentage total value added
in respect of customers' goods for a fiscal year
of the person is the percentage that would be
determined for the year by the formula in
subsection (4) if the total for A in that
subsection did not exclude any amounts that
are reasonably attributable to the performance
of basic services or the provision of added
property used in the performance of basic
services.
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Non-arm's
length
transactions
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(6) For the purpose of determining a
particular person's export revenue percentage
or an amount under any of subsections (2) to
(5) in respect of finished inventory of a
particular person or customers' goods in
respect of a particular person, if a supply
between the particular person and another
person with whom the particular person is not
dealing at arm's length is made for no
consideration or for less than fair market value
and any consideration for the supply would be
included in determining the income from a
business of the particular person for a year, the
supply is deemed to have been made for
consideration equal to fair market value and
that consideration is deemed to be included in
determining that income.
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Export
distribution
centre
certificate
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(7) The Minister may, on the application of
a person who is registered under Subdivision
d of Division V and who is engaged
exclusively in commercial activities,
authorize the person to use, beginning on a
particular day in a fiscal year of the person and
subject to such conditions as the Minister may
from time to time specify, a certificate (in this
section referred to as an ``export distribution
centre certificate'') for the purposes of section
1.2 of Part V of Schedule VI and section 11 of
Schedule VII, if it can reasonably be expected
that
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Application
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(8) An application for an authorization to
use an export distribution centre certificate
shall be made in prescribed form containing
prescribed information and be filed with the
Minister in prescribed manner.
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Notice of
authorization
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(9) If the Minister authorizes a person to use
an export distribution centre certificate, the
Minister shall notify the person in writing of
the authorization, its effective date and its
expiry date and the number assigned by the
Minister that identifies the person or the
authorization and that must be disclosed by
the person when providing the certificate for
the purpose of section 1.2 of Part V of
Schedule VI or when accounting for imported
goods in accordance with section 11 of
Schedule VII.
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Revocation
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(10) The Minister may, after giving a person
to whom an authorization has been granted
under subsection (7) reasonable written
notice, revoke the authorization, effective on
a day in a particular fiscal year of the person,
if
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Deemed
revocation
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(11) Subject to subsection (10), an
authorization granted to a person under
subsection (7) is deemed to have been
revoked, effective immediately after a fiscal
year of the person, if
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Cessation
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(12) An authorization granted under
subsection (7) to a person ceases to have effect
immediately before the earlier of
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Application
after
revocation
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(13) If an authorization granted to a person
under subsection (7) is revoked, effective on
a particular day, the Minister shall not grant to
the person another authorization under that
subsection that becomes effective before
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(2) Subsection (1) is deemed to have come
into force on January 1, 2001.
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1997, c. 10,
s. 77(1)
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20. (1) Subsections 278.1(2) to (4) of the
Act are replaced by the following:
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Filing of
return by
electronic
filing
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(2) A person who is required to file with the
Minister a return under this Part, and who
meets the criteria specified in writing by the
Minister for the purposes of this section, may
file the return by way of electronic filing.
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1997, c. 10,
s. 77(1)
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(2) Subsection 278.1(5) of the Act is
renumbered as subsection 278.1(3).
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(3) Subsections (1) and (2) are deemed to
have come into force on October 4, 2000.
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1997, c. 10,
s. 243(1)
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21. (1) Section 2 of Part I of Schedule V to
the Act is replaced by the following:
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2. A particular supply by way of sale of a
residential complex or an interest in a
residential complex made by a particular
person who is not a builder of the complex or,
if the complex is a multiple unit residential
complex, an addition to the complex, unless
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(2) Subsection (1) applies to supplies
made after October 4, 2000.
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1997, c. 10,
s. 90(1)
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22. (1) Paragraph 9(2)(a) of Part I of
Schedule V to the Act is replaced by the
following:
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