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(3) The portion of the definition
``grandfathered share'' in subsection 248(1)
of the Act after paragraph (d) is replaced by
the following:
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(4) The portion of paragraph (b) of the
definition ``personal trust'' in subsection
248(1) of the Act after subparagraph (ii) is
replaced by the following:
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(5) Subsection 248(1) of the Act is
amended by adding the following in
alphabetical order:
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``alter ego
trust'' « fiducie en faveur de soi-même »
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``alter ego trust'' means a trust to which
paragraph 104(4)(a) would apply if that
paragraph were read without reference to
subparagraph 104(4)(a)(iii) and clauses
104(4)(a)(iv)(B) and (C);
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``authorized
foreign bank'' « banque étrangère autorisée »
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``authorized foreign bank'' has the meaning
assigned by section 2 of the Bank Act;
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``bank'' « banque »
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``bank'' means a bank within the meaning
assigned by section 2 of the Bank Act or an
authorized foreign bank;
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``Canadian
banking
business'' « entreprise bancaire canadienne »
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``Canadian banking business'' means the
business carried on by an authorized foreign
bank through a permanent establishment
(as defined by regulation) in Canada, other
than business conducted through a
representative office registered or required
to be registered under section 509 of the
Bank Act;
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``disposi- tion'' « disposition »
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``disposition'' of any property, except as
expressly otherwise provided, includes
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``foreign
currency'' « monnaie étrangère »
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``foreign currency'' means currency of a
country other than Canada;
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``foreign
resource
expense'' « frais relatifs à des ressources à l'étranger »
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``foreign resource expense'' has the meaning
assigned by subsection 66.21(1);
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``foreign
resource pool
expenses'' « frais globaux relatifs à des ressources à l'étranger »
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``foreign resource pool expenses'' of a
taxpayer means the taxpayer's foreign
resource expenses in respect of all countries
and the taxpayer's foreign exploration and
development expenses;
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``joint spousal
or
common-law
partner trust'' « fiducie mixte au profit de l'époux ou du conjoint de fait »
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``joint spousal or common-law partner trust''
means a trust to which paragraph 104(4)(a)
would apply if that paragraph were read
without reference to subparagraph
104(4)(a)(iii) and clause 104(4)(a)(iv)(A);
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``OSFI
risk-weighting
guidelines'' « lignes directrices du BSIF sur la pondération des risques »
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``OSFI risk-weighting guidelines'' means the
guidelines, issued by the Superintendent of
Financial Institutions under the authority of
section 600 of the Bank Act, requiring an
authorized foreign bank to provide to the
Superintendent on a periodic basis a return
of the bank's risk-weighted on-balance
sheet assets and off-balance sheet
exposures, that apply as of August 8, 2000;
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``post-1971
spousal or
common-law
partner trust'' « fiducie au profit de l'époux ou du conjoint de fait postérieure à 1971 »
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``post-1971 spousal or common-law partner
trust'' means a trust that would be described
in paragraph 104(4)(a) if that paragraph
were read without reference to
subparagraph 104(4)(a)(iv);
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``qualified
donee'' « donataire reconnu »
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``qualified donee'' has the meaning assigned
by subsection 149.1(1);
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(6) Section 248 of the Act is amended by
adding the following after subsection (25):
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Trust-to-trust
transfers
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(25.1) Where at any time a particular trust
transfers property to another trust (other than
a trust governed by a registered retirement
savings plan or by a registered retirement
income fund) in circumstances to which
paragraph (f) of the definition ``disposition''
in subsection (1) applies, without affecting the
personal liabilities under this Act of the
trustees of either trust or the application of
subsection 104(5.8) and paragraph 122(2)(f),
the other trust is deemed to be after that time
the same trust as, and a continuation of, the
particular trust.
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Trusts to
ensure
obligations
fulfilled
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(25.2) Except for the purpose of this
subsection, where at any time property is
transferred to a trust in circumstances to which
paragraph (k) of the definition ``disposition''
in subsection (1) applies, the trust is deemed
to deal with the property as agent for the
transferor throughout the period that begins at
the time of the transfer and ends at the time of
the first change after that time in the beneficial
ownership of the property.
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Cost of trust
interest
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(25.3) The cost to a taxpayer of a particular
unit of a trust is deemed to be equal to the
amount described in paragraph (a) where
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Where
acquisition by
another of
right to
enforce
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(25.4) If at a particular time a taxpayer's
capital interest in a trust includes a right to
enforce payment of an amount by the trust, the
amount shall be added at the particular time to
the cost otherwise determined to the taxpayer
of the capital interest where
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(7) Section 248 of the Act is amended by
adding the following after subsection (28):
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Prescribed
stock
exchange rule
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(29) A part, division or subdivision of a
stock exchange that is prescribed for the
purpose of any provision of this Act is deemed
for that purpose to be a prescribed stock
exchange.
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(8) The definition ``foreign resource
property'' in subsection 248(1) of the Act, as
enacted by subsection (1), and the
definitions ``foreign resource expense'' and
``foreign resource pool expense'' in
subsection 248(1) of the Act, as enacted by
subsection (5), apply after 2000.
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(9) The definition ``net capital loss'' in
subsection 248(1) of the Act, as enacted by
subsection (1), applies to taxation years that
end after February 27, 2000.
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(10) Subsection (2) applies after October
1, 1996 except that, in its application before
December 24, 1998, the portion of
paragraph (b) of the definition ``taxable
Canadian property'' in subsection 248(1) of
the Act before subparagraph (i), as enacted
by subsection (2), shall be read as follows:
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(11) Subsection (3) applies in respect of
dividends received after 1998.
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(12) Subsection (4) applies after
December 23, 1998.
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(13) The definitions ``alter ego trust'' and
``joint spousal or common-law partner
trust'' in subsection 248(1) of the Act, as
enacted by subsection (5), apply to trusts
created after 1999.
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(14) The definitions ``authorized foreign
bank'', ``bank'', ``Canadian banking
business'', ``foreign currency'' and ``OSFI
risk-weighting guidelines'' in subsection
248(1) of the Act, as enacted by subsection
(5), apply after June 27, 1999.
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(15) The definition ``disposition'' in
subsection 248(1) of the Act, as enacted by
subsection (5), applies to transactions and
events that occur after December 23, 1998,
except that paragraphs (f) and (g) of that
definition, as enacted by subsection (5),
shall not apply for the purposes of the Act
(other than section 107.4 of the Act, as
enacted by subsection 82(1)) to a transfer of
property, that occurred before 2000, by a
trust governed by a registered retirement
savings plan or by a registered retirement
income fund to a trust governed by a
registered retirement income fund (or to a
transfer by a trust governed by a registered
retirement income fund to a trust governed
by a registered retirement savings plan)
unless the transferee trust files a written
election with the Minister of National
Revenue on or before the filing-due date for
its taxation year in which the transfer is
made (or on such later day as is acceptable
to the Minister) that paragraph (f) or (g), as
the case may be, of that definition apply.
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