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(9) Subsection 127(11.1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c.1) and adding the
following paragraph after paragraph (c.1):
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(c.2) the amount of a taxpayer's
flow-through mining expenditure for a
taxation year is deemed to be the amount of
the taxpayer's flow-through mining
expenditure for the year as otherwise
determined less the amount of any
government assistance or non-government
assistance in respect of expenses included
in determining the taxpayer's flow-through
mining expenditure for the year that, at the
time of the filing of the taxpayer's return of
income for the year, the taxpayer has
received, is entitled to receive or can
reasonably be expected to receive; and
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(10) Subsections (1), (2) and (9) apply to
the 2000 and subsequent taxation years,
except that, for the 2000 taxation year,
clause 127(5)(a)(ii)(A) of the Act, as enacted
by subsection (2), shall be read as follows:
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(A) the taxpayer's investment tax
credit at the end of the year in respect
of property acquired in a subsequent
taxation year, of the taxpayer's
flow-through mining expenditure for a
subsequent taxation year or of the
taxpayer's SR&ED qualified
expenditure pool at the end of a
subsequent taxation year to the extent
that an investment tax credit was not
deductible under this subsection or
subsection 180.1(1.2) for the
subsequent year, and
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(11) Subsection (3) applies to the 2001 and
subsequent taxation years.
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(12) Paragraph (a.1) of the definition
``investment tax credit'' in subsection
127(9) of the Act, as enacted by subsection
(4), the definition ``super-allowance benefit
amount'' in subsection 127(9) of the Act, as
enacted by subsection (7), and subsection
(8) apply to taxation years that begin after
February 2000 except that, if a
corporation's first taxation year that begins
after February 2000 ends before 2001, those
provisions apply to the corporation's
taxation years that begin after 2000.
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(13) Paragraph (a.2) of the definition
``investment tax credit'' in subsection
127(9) of the Act, as enacted by subsection
(4), subsection (5) and the definitions
``flow-through mining expenditure'' and
``specified sampling'' in subsection 127(9)
of the Act, as enacted by subsection (7),
apply after October 17, 2000.
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(14) Subsection (6) applies to all taxation
years.
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119. (1) Paragraph 127.52(1)(d) of the Act
is replaced by the following:
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(d) except in respect of dispositions of
property occurring before 1986 or to which
section 79 applies,
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(i) the references to the fraction
applicable to the individual for the year
in each of paragraphs 38(a), (b) and (c)
and section 41 were read as a reference to
``4/5'', other than in the case of a capital
gain from a disposition that is the making
of a gift of property to a qualified donee,
and
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(ii) each amount (other than an amount to
which subsection 104(21.4) applies) that
is designated by a trust for a particular
year of the trust in respect of the
individual and deemed by subsection
104(21) to be a taxable capital gain for
the year of the individual were equal to
the amount obtained by the formula
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4/5(A x 1/B)
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A is the amount so deemed to be a
taxable capital gain for the year of the
individual, and
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B is the fraction in paragraph 38(a)
applicable to the trust for the
particular year of the trust for which
the designation is made.
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(2) The portion of paragraph 127.52(1)(e)
of the Act before subparagraph (i) is
replaced by the following:
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(e) the total of all amounts deductible under
section 65, 66, 66.1, 66.2, 66.21 or 66.4 or
under subsection 29(10) or (12) of the
Income Tax Application Rules in computing
the individual's income for the year were
the lesser of the amounts otherwise so
deductible by the individual for the year and
the total of
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(3) Subparagraph 127.52(1)(e.1)(ii) of the
Act is replaced by the following:
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(ii) the total of all amounts each of which
is an amount deductible under section 65,
66, 66.1, 66.2, 66.21 or 66.4 or under
subsection 29(10) or (12) of the Income
Tax Application Rules in computing the
individual's income for the year;
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(4) The portion of subparagraph
127.52(1)(g)(ii) of the Act before clause (A)
is replaced by the following:
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(ii) the total of all amounts each of which is
3/5 of
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(5) Paragraph 127.52(1)(h) of the Act is
replaced by the following:
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(h) the only amounts deductible under
sections 110 to 110.7 in computing the
individual's taxable income for the year or
taxable income earned in Canada for the
year, as the case may be, were
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(i) the amounts deducted under any of
subsections 110(2), 110.6(2), (2.1), (3)
and (12) and 110.7(1),
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(ii) the amount deducted under paragraph
110(1)(d), not exceeding the total of
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(A) twice the amount deducted under
paragraph 110(1)(d.01), and
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(B) 2/5 of the amount, if any, by which
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(I) the amount deducted under
paragraph 110(1)(d)
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(II) the amount determined under
clause (A),
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(iii) the amount deducted under
paragraph 110(1)(d.01),
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(iv) 2/5 of the amounts deducted under
any of paragraphs 110(1)(d.1) to (d.3),
and
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(v) the amount that would be deductible
under paragraph 110(1)(f) if paragraph
(d) were applicable in computing the
individual's income for the year;
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(6) Subsections (1), (4) and (5) apply to
the 2000 and subsequent taxation years
except that, for the 2000 taxation year,
clause 127.52(1)(h)(ii)(A) of the Act, as
enacted by subsection (5), shall be read as
follows:
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(I) twice the amount deducted under
paragraph 110(1)(d.01) in respect of
benefits that the individual is
deemed by paragraph 7(1)(a) to
have received in the year as a result
of transactions, events or
circumstances that occur after
October 17, 2000, and
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(II) the amount deducted under
paragraph 110(1)(d.01) in respect of
benefits that the individual is
deemed by paragraph 7(1)(a) to
have received in the year as a result
of transactions, events or
circumstances that occur before
October 18, 2000, and
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(7) Subsections (2) and (3) apply to
taxation years that begin after 2000.
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120. (1) Subparagraph 127.54(2)(b)(ii) of
the Act is replaced by the following:
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(ii) 16% of the individual's foreign income
for the year.
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(2) Subsection (1) applies to the 2001 and
subsequent taxation years.
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121. (1) Paragraph 127.55(b) of the Act is
repealed.
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(2) Subsection (1) applies to the 1996 and
subsequent taxation years.
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122. (1) Clause 128(2)(e)(ii)(A) of the Act
is replaced by the following:
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(A) an amount under any of
paragraphs 110(1)(d) to (d.3) and
section 110.6 to the extent that the
amount is in respect of an amount
included in income under
subparagraph (i) for that taxation year,
and
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(2) Subparagraph 128(2)(f)(iii) of the Act
is replaced by the following:
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(iii) in computing the individual's
taxable income for the year, no amount
were deductible under any of paragraphs
110(1)(d) to (d.3) and section 110.6 in
respect of an amount included in income
under subparagraph (e)(i), and no amount
were deductible under section 111, and
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(3) Subsections (1) and (2) apply to the
2000 and subsequent taxation years.
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123. (1) Subparagraph 128.1(1)(b)(i) of
the Act is replaced by the following:
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(i) property that is a taxable Canadian
property,
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(2) Paragraph 128.1(1)(b) of the Act is
amended by adding the word ``and'' at the
end of subparagraph (iii) and by replacing
subparagraphs (iv) and (v) with the
following:
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(iv) an excluded right or interest of the
taxpayer (other than an interest in a
non-resident testamentary trust that was
never acquired for consideration) ,
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(3) Paragraph 128.1(4)(b) of the Act is
replaced by the following:
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Fiscal period
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(a.1) if the taxpayer is an individual (other
than a trust) and carries on a business at the
particular time, otherwise than through a
permanent establishment (as defined by
regulation) in Canada,
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(i) the fiscal period of the business is
deemed to have ended immediately
before the particular time and a new
fiscal period of the business is deemed to
have begun at the particular time, and
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(ii) for the purpose of determining the
fiscal period of the business after the
particular time, the taxpayer is deemed
not to have established a fiscal period of
the business before the particular time;
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Deemed
disposition
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(b) the taxpayer is deemed to have
disposed, at the time (in this paragraph and
paragraph (d) referred to as the ``time of
disposition'') that is immediately before the
time that is immediately before the
particular time, of each property owned by
the taxpayer other than, if the taxpayer is an
individual ,
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(i) real property situated in Canada, a
Canadian resource property or a timber
resource property,
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(ii) capital property used in, eligible
capital property in respect of or property
described in the inventory of, a business
carried on by the taxpayer through a
permanent establishment (as defined by
regulation) in Canada at the particular
time,
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(iii) an excluded right or interest of the
taxpayer,
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(iv) if the taxpayer is not a trust and was
not, during the 120-month period that
ends at the particular time, resident in
Canada for more than 60 months,
property that was owned by the taxpayer
at the time the taxpayer last became
resident in Canada or that was acquired
by the taxpayer by inheritance or bequest
after the taxpayer last became resident in
Canada, and
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(v) any property in respect of which the
taxpayer elects under paragraph (6)(a)
for the taxation year that includes the first
time, after the particular time, at which
the taxpayer becomes resident in
Canada ,
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for proceeds equal to its fair market value at
the time of disposition, which proceeds are
deemed to have become receivable and to
have been received by the taxpayer at the
time of disposition;
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(4) Paragraphs 128.1(4)(d) to (f) of the
Act are replaced by the following:
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Individual -
elective
disposition
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(d) notwithstanding paragraphs (b) to (c), if
the taxpayer is an individual (other than a
trust) and so elects in prescribed form and
manner in respect of a property described in
subparagraph (b)(i) or (ii),
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(i) the taxpayer is deemed to have
disposed of the property at the time of
disposition for proceeds equal to its fair
market value at that time and to have
reacquired the property at the particular
time at a cost equal to those proceeds,
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(ii) the taxpayer's income for the taxation
year that includes the particular time is
deemed to be the greater of
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(A) that income determined without
reference to this subparagraph, and
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(I) that income determined without
reference to this subsection, and
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(II) that income determined without
reference to subparagraph (i), and
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(iii) each of the taxpayer's non-capital
loss, net capital loss, restricted farm loss,
farm loss and limited partnership loss for
the taxation year that includes the
particular time is deemed to be the lesser
of
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(A) that amount determined without
reference to this subparagraph, and
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(I) that amount determined without
reference to this subsection, and
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(II) that amount determined without
reference to subparagraph (i); and
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Employee
CCPC stock
option shares
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(d.1) if the taxpayer is deemed by paragraph
(b) to have disposed of a share that was
acquired before February 28, 2000 under
circumstances to which subsection 7(1.1)
applied, there shall be deducted from the
taxpayer's proceeds of disposition the
amount that would, if section 7 were read
without reference to subsection 7(1.6), be
added under paragraph 53(1)(j) in
computing the adjusted cost base to the
taxpayer of the share as a consequence of
the deemed disposition.
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(5) Section 128.1 of the Act is amended by
adding the following after subsection (4):
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Instalment
interest
|
(5) If an individual is deemed by subsection
(4) to have disposed of a property in a taxation
year, in applying sections 155 and 156 and
subsections 156.1(1) to (3) and 161(2), (4) and
(4.01) and any regulations made for the
purposes of those provisions, the individual's
total taxes payable under this Part and Part I.1
for the year are deemed to be the lesser of
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(a) the individual's total taxes payable
under this Part and Part I.1 for the year,
determined before taking into
consideration the specified future tax
consequences for the year, and
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(b) the amount that would be determined
under paragraph (a) if subsection (4) did not
apply to the individual for the year.
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Returning
former
resident
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(6) If an individual (other than a trust)
becomes resident in Canada at a particular
time in a taxation year and the last time (in this
subsection referred to as the ``emigration
time''), before the particular time, at which
the individual ceased to be resident in Canada
was after October 1, 1996,
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(a) subject to paragraph (b), if the
individual so elects in writing and files the
election with the Minister on or before the
individual's filing-due date for the year,
paragraphs (4)(b) and (c) do not apply to the
individual's cessation of residence at the
emigration time in respect of all properties
that were taxable Canadian properties of the
individual throughout the period that began
at the emigration time and that ends at the
particular time;
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(b) where, if a property in respect of which
an election under paragraph (a) is made had
been acquired by the individual at the
emigration time at a cost equal to its fair
market value at the emigration time and had
been disposed of by the individual
immediately before the particular time for
proceeds of disposition equal to its fair
market value immediately before the
particular time, the application of
subsection 40(3.7) would reduce the
amount that would, but for that subsection
and this subsection, be the individual's loss
from the disposition,
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(i) the individual is deemed to have
disposed of the property at the time of
disposition (within the meaning assigned
by paragraph (4)(b)) in respect of the
emigration time for proceeds of
disposition equal to the total of
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(A) the adjusted cost base to the
individual of the property immediately
before the time of disposition, and
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(B) the amount, if any, by which that
reduction exceeds the lesser of
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(I) the adjusted cost base to the
individual of the property
immediately before the time of
disposition, and
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(II) the amount, if any, that the
individual specifies for the purposes
of this paragraph in the election
under paragraph (a) in respect of the
property,
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(ii) the individual is deemed to have
reacquired the property at the emigration
time at a cost equal to the amount, if any,
by which the amount determined under
clause (i)(A) exceeds the lesser of that
reduction and the amount specified by
the individual under subclause (i)(B)(II),
and
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(iii) for the purpose of section 119, the
individual is deemed to have disposed of
the property immediately before the
particular time;
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