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(ii) because of the application of
paragraph (6)(c), or
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(iii) because the trust ceased to exist;
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(b) the trust was a mutual fund trust at the
beginning of the year; and
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(c) the trust would, throughout the portion
of the year throughout which it was in
existence, have been a mutual fund trust if
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(i) in the case where the condition
described in paragraph 108(2)(a) was
satisfied at any time in the year, that
condition were satisfied throughout the
year,
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(ii) subsection (6) were read without
reference to paragraph (c) of that
subsection, and
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(iii) this section were read without
reference to this subsection.
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(7) Paragraphs 132(7)(a) and (b) of the
Act are replaced by the following:
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(a) throughout the period that began on the
later of February 21, 1990 and the day of its
creation and ended at that time, all or
substantially all of its property consisted of
property other than property that would be
taxable Canadian property if the definition
``taxable Canadian property'' in subsection
248(1) were read without reference to
paragraph (b) of that definition; or
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(b) it has not issued any unit (other than a
unit issued to a person as a payment, or in
satisfaction of the person's right to enforce
payment, of an amount out of the trust's
income determined before the application
of subsection 104(6), or out of the trust's
capital gains) of the trust after February 20,
1990 and before that time to a person who,
after reasonable inquiry, it had reason to
believe was non-resident, except where the
unit was issued to that person under an
agreement in writing entered into before
February 21, 1990.
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(8) Subsections (1), (2), (4) and (5) apply
to taxation years that end after February
27, 2000 except that, for a taxation year of
a mutual fund trust that includes February
28, 2000 or October 17, 2000, or began after
February 28, 2000 and ended before
October 17, 2000,
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(a) the reference to the percentage
``14.5%'' in paragraph 132(1)(a) of the
Act, as enacted by subsection (1), shall be
read as a reference to the percentage
determined when 29% is multiplied by
the fraction in paragraph 38(a) of the
Act, as enacted by subsection 22(1), that
applies to the trust for the year;
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(b) the reference to the fraction
``100/14.5'' in the description of C in the
definition ``capital gains redemptions'' in
subsection 132(4) of the Act, as enacted
by subsection (4), shall be read as a
reference to the fraction ``100/29X'',
where ``X'' is the fraction in paragraph
38(a) of the Act, as enacted by subsection
22(1), that applies to the trust for the
year; and
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(c) the reference to the word ``twice'' in
the description of E in the definition
``capital gains redemption'' in subsection
132(4) of the Act, as enacted by
subsection (5), shall be read as a reference
to the expression ``the fraction that is the
reciprocal of the fraction in paragraph
38(a), as enacted by subsection 22(1) of
the Income Tax Amendments Act, 2000,
that applies to the taxpayer for the year,
multiplied by''.
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(9) Subsection (3) applies to taxation
years that end after February 27, 2000.
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(10) Subsection (6) applies to the 1990
and subsequent taxation years.
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(11) Paragraph 132(7)(a) of the Act, as
enacted by subsection (7), applies after
October 1, 1996.
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(12) Paragraph 132(7)(b) of the Act, as
enacted by subsection (7), applies after
February 20, 1990.
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130. (1) Paragraph 132.11(1)(b) of the Act
is replaced by the following:
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(b) where the trust's taxation year ends on
December 15 because of paragraph (a),
subject to subsection (1.1), each subsequent
taxation year of the trust is deemed to be the
period that begins at the beginning of
December 16 of a calendar year and ends at
the end of December 15 of the following
calendar year or at such earlier time as is
determined under paragraph 132.2(1)(b) or
subsection 142.6(1); and
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(2) Section 132.11 of the Act is amended
by adding the following after subsection (1):
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Revocation of
election
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(1.1) Where a particular taxation year of a
trust ends on December 15 of a calendar year
because of an election made under paragraph
(1)(a), the trust applies to the Minister in
writing before December 15 of that calendar
year (or before a later time that is acceptable
to the Minister) to have this subsection apply
to the trust, with the concurrence of the
Minister
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(a) the trust's taxation year following the
particular taxation year is deemed to begin
immediately after the end of the particular
taxation year and end at the end of that
calendar year; and
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(b) each subsequent taxation year of the
trust is deemed to be determined as if that
election had not been made.
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(3) Subsection 132.11(4) of the Act is
replaced by the following:
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Amounts paid
or payable to
beneficiaries
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(4) For the purposes of subsections (5) and
(6) and 104(6) and (13) and notwithstanding
subsection 104(24), each amount that is paid,
or that becomes payable, by a trust to a
beneficiary after the end of a particular
taxation year of the trust that ends on
December 15 of a calendar year because of
subsection (1) and before the end of that
calendar year, is deemed to have been paid or
to have become payable, as the case may be,
to the beneficiary at the end of the particular
year and not at any other time.
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(4) Subsection 132.11(6) of the Act is
amended by adding the word ``and'' at the
end of paragraph (a), by striking out the
word ``and'' at the end of paragraph (b) and
by repealing paragraph (c).
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(5) Subsections (1) and (2) apply to
taxation years that end after 1999.
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(6) Subsections (3) and (4) apply to the
2000 and subsequent taxation years.
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131. (1) Paragraph 133(1)(c) of the Act is
replaced by the following:
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(c) the only taxable capital gains and
allowable capital losses referred to in
paragraph 3(b) were from dispositions of
taxable Canadian property,
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(2) Paragraph 133(1)(d) of the Act is
amended by replacing the reference to the
expression ``4/3 of'' with a reference to the
word ``twice''.
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(3) Paragraph (a) of the definition
``Canadian property'' in subsection 133(8)
of the Act is replaced by the following:
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(a) taxable Canadian property, and
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(4) The description of M in paragraph (c)
of the definition ``capital gains dividend
account'' in subsection 133(8) of the Act is
replaced by the following:
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M is the total of the corporation's capital
gains for taxation years ending in the
period from dispositions in the period
of taxable Canadian property, and
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(5) The portion of the definition
``non-resident-owned investment
corporation'' in subsection 133(8) of the Act
after paragraph (d) is replaced by the
following:
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(e) it has, on or before the earlier of
February 27, 2000 and the day that is 90
days after the beginning of its first
taxation year that begins after 1971,
elected in prescribed manner to be taxed
under this section, and
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(f) it has not, before the end of the last
taxation year in the period, revoked in
prescribed manner its election,
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(g) a new corporation (within the
meaning assigned by section 87) formed
as a result of an amalgamation after June
18, 1971 of two or more predecessor
corporations is not a non-resident-owned
investment corporation unless each of the
predecessor corporations was,
immediately before the amalgamation, a
non-resident-owned investment
corporation,
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(h) where a corporation is a new
corporation described in paragraph (g),
and each of the predecessor corporations
elected in a timely manner under
paragraph (e), paragraph (e) shall be
read, in its application to the new
corporation, without reference to the
words ``the earlier of February 27, 2000
and'', and
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(i) subject to section 134.1, a corporation
is not a non-resident-owned investment
corporation in any taxation year that ends
after the earlier of,
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(i) the first time, if any, after February
27, 2000 at which the corporation
effects an increase in capital, and
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(ii) the corporation's last taxation year
that begins before 2003;
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(6) Subsection 133(8) of the Act is
amended by adding the following in
alphabetical order:
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``increase in
capital''
« augmenta-
tion de
capital »
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``increase in capital'' in respect of a
corporation means a transaction (other than
a transaction carried out pursuant to an
agreement in writing made before February
28, 2000, referred to in this definition as a
``specified transaction'') in the course of
which the corporation issues additional
shares of its capital stock or incurs
indebtedness, if the transaction has the
effect of increasing the total of
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(a) the corporation's liabilities, and
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(b) the fair market value of all the shares
of its capital stock
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to an amount that is substantially greater
than that total would have been on February
27, 2000 if all specified transactions had
been carried out immediately before that
day;
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(7) Subsections (1), (3) and (4) 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 the taxation year of a
corporation that includes February 28,
2000 or October 17, 2000, or began after
February 28, 2000 and ended before
October 17, 2000, the reference to the word
``twice'' in paragraph 133(1)(d) of the Act,
as enacted by subsection (2), shall be read as
a reference to the expression ``the fraction
that is the reciprocal of the fraction in
paragraph 38(a), as enacted by subsection
22(1) of the Income Tax Amendments Act,
2000, that applies to the taxpayer for the
year, multiplied by''.
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(9) Subsections (5) and (6) apply after
February 27, 2000.
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132. (1) The Act is amended by adding the
following after section 134:
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NRO -
transition
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134.1 (1) This section applies to a
corporation that
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(a) was a non-resident-owned investment
corporation in a taxation year;
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(b) is not a non-resident-owned investment
corporation in the following taxation year
(in this section referred to as the
corporation's ``first non-NRO year''); and
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(c) elects in writing filed with the Minister
on or before the corporation's filing-due
date for its first non-NRO year to have this
section apply.
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Application
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(2) A corporation to which this section
applies is deemed to be a non-resident-owned
investment corporation in its first non-NRO
year for the purposes of applying, in respect of
dividends paid on shares of its capital stock in
its first non-NRO year to a non-resident
person or a non-resident-owned investment
corporation, subsections 133(6) to (9) (other
than the definition ``non-resident-owned
investment corporation'' in subsection
133(8)) and section 212 and any tax treaty.
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Revocation
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134.2 (1) This section applies to a
corporation that
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(a) revokes at any time (in this section
described as the ``revocation time'') its
election to be taxed under section 133;
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(b) elects to have this section apply, by
filing an election in writing with the
Minister on or before the corporation's
filing-due date for the taxation year of the
corporation (in this section referred to as the
``revocation year'') that would have
included the revocation time if the
corporation had not so elected; and
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(c) specifies in the election a time (in this
section referred to as the ``elected time'')
that is in the revocation year and is not after
the revocation time.
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Consequences
|
(2) Where this section applies to a
corporation,
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(a) the corporation's taxation year that
would have included the elected time, if the
corporation had not elected to have this
section apply, is deemed to end
immediately before the elected time;
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(b) a new taxation year of the corporation is
deemed to begin at the elected time; and
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(c) notwithstanding paragraph (f) of the
definition ``non-resident-owned
investment corporation'' in subsection
133(8), the corporation is deemed to be a
non-resident-owned investment
corporation for the period that begins at the
beginning of the revocation year and ends
immediately before the elected time.
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(2) Section 134.1 of the Act, as enacted by
subsection (1), applies to a corporation that
ceases to be a non-resident-owned
investment corporation because of a
transaction or event that occurs, or a
circumstance that arises, in a taxation year
of the corporation that ends after February
27, 2000.
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(3) Section 134.2 of the Act, as enacted by
subsection (1), applies to revocations made
after February 27, 2000.
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(4) An election under paragraph
134.1(1)(c) or 134.2(1)(b) of the Act, as
enacted by subsection (1), is deemed to have
been made in a timely manner if it is made
on or before the electing corporation's
filing-due date for its first taxation year that
ends after this Act receives royal assent.
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133. (1) Subparagraph 138(5)(b)(i) of the
Act is replaced by the following:
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(i) interest on borrowed money used to
acquire designated insurance property
for the year, or to acquire property for
which designated insurance property for
the year was substituted property, for the
period in the year during which the
designated insurance property was held
by the insurer in respect of the business,
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(2) Paragraph 138(5)(b) of the Act is
amended by adding the word ``or'' at the
end of subparagraph (ii), by striking out the
word ``or'' at the end of subparagraph (iii)
and by repealing subparagraph (iv).
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(3) The portion of subsection 138(11.3) of
the Act after paragraph (b) is replaced by
the following:
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the following rules apply:
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(c) the insurer is deemed to have disposed
of the property at the beginning of the year
for proceeds of disposition equal to its fair
market value at that time and to have
reacquired the property immediately after
that time at a cost equal to that fair market
value,
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(d) where paragraph (a) applies, any gain or
loss arising from the disposition is deemed
not to be a gain or loss from designated
insurance property of the insurer in the year,
and
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(e) where paragraph (b) applies, any gain or
loss arising from the disposition is deemed
to be a gain or loss from designated
insurance property of the insurer in the year.
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(4) Paragraph 138(11.5)(b) of the Act is
replaced by the following:
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(b) the transferor has, at that time or within
60 days after that time, transferred all or
substantially all of the property (in this
subsection referred to as the ``transferred
property) that is owned by it at that time and
that was designated insurance property in
respect of the business for the taxation year
that, because of paragraph (h), ended
immediately before that time
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(i) to a corporation (in this subsection
referred to as the ``transferee'') that is a
qualified related corporation (within the
meaning assigned by subsection 219(8))
of the transferor that began immediately
after that time to carry on that insurance
business in Canada, and
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(ii) for consideration that includes shares
of the capital stock of the transferee,
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(5) Paragraph 138(11.91)(e) of the Act is
replaced by the following:
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(e) the insurer is deemed to have disposed,
immediately before the beginning of the
particular taxation year, of each property
owned by it at that time that is designated
insurance property in respect of the
business referred to in paragraph (a) for the
particular taxation year, for proceeds of
disposition equal to the fair market value at
that time and to have reacquired, at the
beginning of the particular taxation year,
the property at a cost equal to that fair
market value, and
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(6) Paragraph 138(11.94)(b) of the Act is
replaced by the following:
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(b) the transferor has, at that time or within
60 days after that time,
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(i) in the case of a transferor that is a life
insurer and that carries on an insurance
business in Canada and in a country other
than Canada in the year, transferred all or
substantially all of the property (in
subsection (11.5) referred to as the
``transferred property'') that is owned by
it at that time and that was designated
insurance property in respect of the
business for the taxation year that,
because of paragraph (11.5)(h), ended
immediately before that time, or
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(ii) in any other case, transferred all or
substantially all of the property owned by
it at that time and used by it in the year in,
or held by it in the year in the course of,
carrying on that insurance business in
Canada in that year (in subsection (11.5)
referred to as the ``transferred property'')
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