Request for
determina- tion by the Minister of the Environment
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(10.2) Where a person disposes or proposes
to dispose of a property that would, if the
disposition were made and the certificates
described in paragraph 110.1(1)(d) or in the
definition ``total ecological gifts'' in
subsection (1) were issued by the Minister of
the Environment, be a gift described in those
provisions, the person may request, by notice
in writing to that Minister, a determination of
the fair market value of the property.
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Duty of
Minister of
the
Environment
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(10.3) In response to a request made under
subsection (10.2), the Minister of the
Environment shall with all due dispatch make
a determination in accordance with subsection
(12) or 110.1(5), as the case may be, of the fair
market value of the property referred to in that
request and give notice of the determination in
writing to the person who has disposed of, or
who proposes to dispose of, the property,
except that no such determination shall be
made if the request is received by that Minister
after three years after the end of the person's
taxation year in which the disposition
occurred.
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Ecological
gifts -
redeterminatio
n
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(10.4) Where the Minister of the
Environment has, under subsection (10.3),
notified a person of the amount determined by
that Minister to be the fair market value of a
property in respect of its disposition or
proposed disposition,
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Certificate of
Fair Market
Value
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(10.5) Where the Minister of the
Environment determines under subsection
(10.3) the fair market value of a property, or
redetermines that value under subsection
(10.4), and the property has been disposed of
to a qualified donee described in paragraph
110.1(1)(d) or in the definition ``total
ecological gifts'' in subsection (1), that
Minister shall issue to the person who made
the disposition a certificate that states the fair
market value of the property so determined or
redetermined and, where more than one
certificate has been so issued, the last
certificate is deemed to replace all preceding
certificates from the time at which the first
certificate was issued.
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(8) Subsection 118.1(11) of the Act is
replaced by the following:
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Assessments
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(11) Notwithstanding subsections 152(4) to
(5), such assessments or reassessments of a
taxpayer's tax, interest or penalties payable
under this Act for any taxation year shall be
made as are necessary to give effect
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(9) Subsection 118.1(12) of the Act is
replaced by the following:
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Ecological
gifts
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(12) For the purpose of applying
subparagraph 69(1)(b)(ii), subsection 70(5) ,
section 207.31 and this section in respect of a
gift described in the definition ``total
ecological gifts'' in subsection (1) that is made
by a taxpayer and that is a servitude, covenant
or easement to which land is subject, the
greater of
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is deemed to be the fair market value (or, for
the purpose of subsection (6), the fair market
value otherwise determined) of the gift at the
time the gift was made and, subject to
subsection (6), to be the taxpayer's proceeds
of disposition of the gift.
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(10) Subsection 118.1(12) of the Act, as
enacted by subsection (9), is replaced by the
following:
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Ecological
gifts
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(12) For the purposes of applying
subparagraph 69(1)(b)(ii), subsection 70(5),
this section and section 207.31 in respect of a
gift described in the definition ``total
ecological gifts'' in subsection (1) that is made
by an individual, the amount that is the fair
market value (or, for the purpose of subsection
(6), the fair market value otherwise
determined) of the gift at the time the gift was
made and, subject to subsection (6), the
individual's proceeds of disposition of the
gift, is deemed to be the amount determined
by the Minister of the Environment to be
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(11) Subsections (1), (2), (7), (8) and (10)
apply in respect of gifts made, or proposed
to be made, after February 27, 2000 except
that subsection 118.1(2) of the Act, as
enacted by subsection (2), shall be read
without reference to paragraph 118.1(2)(b)
in respect of gifts made before December
21, 2000.
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(12) Subject to subsection (13),
subsections (3) and (4) apply in respect of
deaths that occur after 1998.
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(13) For taxation years before 2000,
subsection 118.1(4) of the Act, as enacted by
subsection (3), shall be read without
reference to subsections 118.1(7) and (7.1)
of the Act except that, where a taxpayer or
a taxpayer's legal representative notifies
the Minister of National Revenue in writing
before 2002 of the intention of the taxpayer
or the taxpayer's legal representative that
this subsection apply in respect of a gift
made after 1996 and before 2000,
subsection 118.1(4) of the Act, as enacted by
subsection (3), applies to the taxation year
in which the gift was made and shall be
read, in respect of the 1996 to 1998 taxation
years, without reference to subsections
118.1(5.2) and (5.3) of the Act.
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(14) Subsection (5) applies in respect of
gifts made after February 27, 1995.
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(15) Subsection (6) applies to the 2000
and subsequent taxation years and, where a
taxpayer or a taxpayer's legal
representative notifies the Minister of
National Revenue in writing before 2002 of
the intention of the taxpayer or the
taxpayer's legal representative that this
subsection apply in respect of a gift made
after 1996 and before 2000, subsection (6)
applies to the taxation year in which the gift
was made and, where paragraph
118.1(7)(d) of the Act, as enacted by
subsection (6), applies, the amount
designated in the notice in respect of the gift
is deemed to have been validly designated
for the purposes of that paragraph in the
taxpayer's return of income for the year in
which the gift was made.
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(16) Subsection (9) applies in respect of
gifts made after February 27, 1995 and
before February 28, 2000.
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95. (1) Subsection 118.2(2) of the Act is
amended by adding the following after
paragraph (l.2):
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(2) Subsection (1) applies to the 2000 and
subsequent taxation years.
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96. (1) The portion of subsection 118.3(1)
of the French version of the Act before
paragraph (a) is replaced by the following:
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Crédit
d'impôt pour
déficience
mentale ou
physique
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118.3 (1) Un montant est déductible dans le
calcul de l'impôt payable par un particulier en
vertu de la présente partie pour une année
d'imposition, si les conditions suivantes sont
réunies :
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(2) Paragraph 118.3(1)(a.1) of the Act is
replaced by the following:
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(3) The portion of paragraph
118.3(1)(a.2) of the French version of the
Act before subparagraph (i) is replaced by
the following:
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(4) Paragraph 118.3(1)(a.2) of the Act is
amended by adding the following after
subparagraph (i):
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(5) The portion of paragraph
118.3(1)(a.2) of the English version of the
Act after subparagraph (v) is replaced by
the following:
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(6) The portion of subsection 118.3(1) of
the Act after paragraph (c) is replaced by
the following:
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there may be deducted in computing the
individual's tax payable under this Part for the
year the amount determined by the formula
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A x (B + C )
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where
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A is the appropriate percentage for the year,
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B is $6,000, and
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C is
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(7) Clause 118.3(2)(a)(i)(B) of the Act is
replaced by the following:
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(8) Subsection 118.3(4) of the Act is
replaced by the following:
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Additional
information
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(4) Where a claim under this section or
under section 118.8 is made in respect of an
individual's impairment
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(9) Subsections (1) to (3) and (5) to (8)
apply to the 2000 and subsequent taxation
years except that, in applying subsection (6)
to the 2000 taxation year, the references to
``$6,000'', ``$3,500'' and ``$2,050'' in the
descriptions of B and C in the formula in
subsection 118.3(1) of the Act, as enacted by
subsection (6), shall be read as references to
``$4,293'', ``$2,941'' and ``$2,000'',
respectively.
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(10) Subsection (4) applies to
certifications made after October 17, 2000.
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97. (1) The portion of subsection 118.4(2)
of the Act before paragraph (a) is replaced
by the following:
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Reference to
medical
practitioners,
etc.
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(2) For the purposes of sections 63, 118.2,
118.3 and 118.6, a reference to an audiologist,
dentist, medical doctor, medical practitioner,
nurse, occupational therapist, optometrist,
pharmacist, psychologist or speech-language
pathologist is a reference to a person
authorized to practise as such,
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(2) Subsection (1) applies to certifications
made after October 17, 2000.
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98. (1) The portion of subsection 118.6(1)
of the Act before the definition ``designated
educational institution'' is replaced by the
following:
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Definitions
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118.6 (1) For the purposes of sections 63
and 64 and this subdivision,
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(2) Paragraphs (a) and (b) of the
description of B in subsection 118.6(2) of the
Act are replaced by the following:
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(3) The portion of subsection 118.6(2) of
the Act after the description of B is replaced
by the following:
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if the enrolment is proven by filing with the
Minister a certificate in prescribed form
issued by the designated educational
institution and containing prescribed
information and, in respect of a designated
educational institution described in
subparagraph (a)(ii) of the definition
``designated educational institution'' in
subsection (1), the individual has attained the
age of 16 years before the end of the year and
is enrolled in the program to obtain skills for,
or improve the individual's skills in, an
occupation.
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(4) Subsection (1) applies to the 2000 and
subsequent taxation years.
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(5) Subsection (2) applies to the 2001 and
subsequent taxation years.
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(6) Subsection (3) applies to the 1999 and
subsequent taxation years.
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99. (1) The description of C in subsection
118.61(1) of the Act is replaced by the
following:
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C is the lesser of the value of B and the
amount that would be the individual's tax
payable under this Part for the year if no
amount were deductible under any of sections
118.1, 118.2 , 118.5, 118.6, 118.62, 118.8,
118.9 and 121 ;
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(2) Paragraph 118.61(2)(b) of the Act is
replaced by the following:
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(3) Section 118.61 of the Act is amended
by adding the following after subsection (2):
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Unused
tuition and
education tax
credits at the
end of 2000
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(3) For the purpose of determining the
amount that may be deducted under
subsection (2) in computing an individual's
tax payable for a taxation year that begins after
2000, the individual's unused tuition fee and
education tax credits at the end of the
individual's 2000 taxation year is deemed to
be 16/17 of the amount that would be the
individual's unused tuition and education tax
credits at the end of that year if this section
were read without reference to this
subsection.
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