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(6) Subsection 116(6) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (d) and by replacing
paragraph (e) with the following:
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(7) Subsections (1), (3) and (4) and
paragraphs 116(6)(a) and (a.1) of the Act, as
enacted by subsection (5), apply after
October 1, 1996.
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(8) Subsection (2) applies to taxation
years that end after February 27, 2000
except that, for a taxation year that ended
after February 27, 2000 and before October
18, 2000, the reference in subsections
116(2), (4) and (5) of the Act, as enacted by
subsection (2), to the percentage ``25%''
shall be read as a reference to the
percentage ``30%''.
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(9) Paragraph 116(6)(b) of the Act, as
enacted by subsection (5), and subsection
(6) apply after June 27, 1999.
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92. (1) Subsection 117(2) of the Act is
replaced by the following:
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Rate for 2000
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(2) The tax payable under this Part by an
individual on the individual's taxable income
or taxable income earned in Canada, as the
case may be, (in this subdivision referred to as
the ``amount taxable'') for the 2000 taxation
year is
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(2) Subsection 117(2) of the Act, as
enacted by subsection (1), is replaced by the
following:
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Rates for
years after
2000
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(2) The tax payable under this Part by an
individual on the individual's taxable income
or taxable income earned in Canada, as the
case may be, (in this subdivision referred to as
the ``amount taxable'') for a taxation year is
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Minimum
thresholds for
2004
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(3) Each of the amounts of $30,754,
$61,509 and $100,000 referred to in
subsection (2) is deemed, for the purposes of
applying subsection (2) to the 2004 taxation
year, to be the greater of
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(3) Subsection (1) applies to the 2000
taxation year.
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(4) Subsection 117(2) of the Act, as
enacted by subsection (2), applies to the
2001 and subsequent taxation years.
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93. (1) Clause (c.1)(ii)(B) of the
description of B in subsection 118(1) of the
Act is replaced by the following:
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(2) The portion of paragraph 118(1)(c.1)
of the Act after subparagraph (iii) is
replaced by the following:
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$15,453 - D.1
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(3) The portion of paragraph 118(1)(d) of
the Act after subparagraph (ii) is replaced
by the following:
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$8,466 - E
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(4) Subsection 118 of the Act is amended
by adding the following after subsection (3):
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Minimum
amounts for
2004
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(3.1) Each of the amounts of $7,131, $6,055
and $606 referred to in paragraphs (a) to (c) of
the description of B in subsection (1) is
deemed, for the 2004 taxation year, to be the
greater of
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(5) Subsection (1) applies to the 1998 and
subsequent taxation years, except that
clause (c.1)(ii)(B) of the description of B in
subsection 118(1) of the Act, as enacted by
subsection (1), shall be read without
reference to ``or common-law partner'' for
any taxation year that ends before 2001
unless a valid election is made by the
taxpayer under section 144 of the
Modernization of Benefits and Obligations
Act, that that Act apply to the taxpayer in
respect of one or more taxation years that
includes the year.
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(6) Subsections (2) and (3) apply to the
2001 and subsequent taxation years.
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94. (1) The portion of the definition ``total
ecological gifts'' in subsection 118.1(1) of
the Act before paragraph (a) is replaced by
the following:
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``total
ecological
gifts'' « total des dons de biens écosensibles »
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``total ecological gifts'' of an individual for a
taxation year means the total of all amounts
each of which is the fair market value of a
gift (other than a gift the fair market value
of which is included in the total cultural
gifts of the individual for the year) of land,
including a servitude for the use and benefit
of a dominant land, a covenant or an
easement, the fair market value of which is
certified by the Minister of the
Environment and that is certified by that
Minister, or a person designated by that
Minister, to be ecologically sensitive land,
the conservation and protection of which is,
in the opinion of that Minister, or that
person, important to the preservation of
Canada's environmental heritage, which
gift was made by the individual in the year
or in any of the five immediately preceding
taxation years to
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(2) Subsection 118.1(2) of the Act is
replaced by the following:
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Proof of gift
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(2) A gift shall not be included in the total
charitable gifts, total Crown gifts, total
cultural gifts or total ecological gifts of an
individual unless the making of the gift is
proven by filing with the Minister
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(3) Subsection 118.1(4) of the Act is
replaced by the following:
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Gift in year of
death
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(4) Subject to subsection (13), a gift made
by an individual in the particular taxation year
in which the individual dies (including, for
greater certainty, a gift otherwise deemed by
subsection (5), (5.2), (5.3), (7), (7.1), (13) or
(15) to have been so made) is deemed, for the
purpose of this section other than this
subsection, to have been made by the
individual in the preceding taxation year, and
not in the particular year, to the extent that an
amount in respect of the gift is not deducted in
computing the individual's tax payable under
this Part for the particular year.
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(4) Section 118.1 of the Act is amended by
adding the following after subsection (5):
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Direct
designation -
insurance
proceeds
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(5.1) Subsection (5.2) applies to an
individual in respect of a life insurance policy
where
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Rules
applicable re:
subsection
(5.1)
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(5.2) Where subsection (5.1) applies to an
individual in respect of a life insurance policy
under which an insurer is obligated to make a
transfer,
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Direct
designation -
RRSPs and
RRIFs
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(5.3) Where as a consequence of an
individual's death, a transfer of money, or a
transfer by means of a negotiable instrument,
is made, from a registered retirement savings
plan or registered retirement income fund
(other than a plan or fund of which a licensed
annuities provider is the issuer or carrier, as
the case may be) to a qualified donee, solely
because of the donee's interest as a beneficiary
under the plan or fund, the individual was the
annuitant (within the meaning assigned by
subsection 146(1) or 146.3(1)) under the plan
or fund immediately before the individual's
death and the transfer occurs within the
36-month period that begins at the time of the
death (or, where written application to extend
the period has been made to the Minister by
the individual's legal representative, within
such longer period as the Minister considers
reasonable in the circumstances),
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(5) The portion of subsection 118.1(6) of
the Act after paragraph (b) is replaced by
the following:
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and the fair market value of the property
otherwise determined at that time exceeds its
adjusted cost base to the individual, such
amount, not greater than the fair market value
and not less than the adjusted cost base to the
individual of the property at that time, as the
individual or the individual's legal
representative designates in the individual's
return of income under section 150 for the year
in which the gift is made is , if the making of
the gift is proven by filing with the Minister a
receipt containing prescribed information,
deemed to be the individual's proceeds of
disposition of the property and, for the
purposes of subsection (1), the fair market
value of the gift made by the individual.
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(6) Subsections 118.1(7) and (7.1) of the
Act are replaced by the following:
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Gifts of art
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(7) Except where subsection (7.1) applies,
where at any time, whether by the individual's
will or otherwise, an individual makes a gift
described in the definition ``total charitable
gifts'' or ``total Crown gifts'' in subsection (1)
of a work of art that was
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and at that time the fair market value of the
work of art exceeds its cost amount to the
individual, the following rules apply :
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Gifts of
cultural
property
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(7.1) Where at any particular time, whether
by the individual's will or otherwise, an
individual makes a gift described in the
definition ``total cultural gifts'' in subsection
(1) of a work of art that was
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and at that time the fair market value of the
work of art exceeds its cost amount to the
individual, the following rules apply:
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(7) Subsection 118.1(10.1) of the Act is
replaced by the following:
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Determina- tion of fair market value
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(10.1) For the purposes of subparagraph
69(1)(b)(ii), subsection 70(5) and sections
110.1, 207.31 and this section, where at any
time the Canadian Cultural Property Export
Review Board or the Minister of the
Environment determines or redetermines an
amount to be the fair market value of a
property that is the subject of a gift described
in paragraph 110.1(1)(a), or in the definition
``total charitable gifts'' in subsection (1),
made by a taxpayer within the two-year period
that begins at that time, an amount equal to the
last amount so determined or redetermined
within the period is deemed to be the fair
market value of the gift at the time the gift was
made and, subject to subsections (6), (7), (7.1)
and 110.1(3), to be the taxpayer's proceeds of
disposition of the gift .
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