|
exceeds
|
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|
(b) if the individual was throughout the year
a mutual fund trust, the least of the amounts
determined under paragraphs (a), (b) and
(c) of the description of A in the definition
``refundable capital gains tax on hand'' in
subsection 132(4) in respect of the trust for
the year, and
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(c) in any other case, nil.
|
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|
(3) Subsection (1) applies to the 2000
taxation year.
|
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|
(4) Subsection (2) applies after October 1,
1996.
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|
161. (1) Part I.1 of the Act is repealed.
|
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|
(2) Subsection (1) applies to the 2001 and
subsequent taxation years.
|
|
|
162. (1) The formula in subparagraph
180.2(4)(a)(ii) of the Act is replaced by the
following:
|
|
|
(0.0125A - $665)(1 - B)
|
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|
(2) Subsection (1) applies to amounts paid
after November 1999.
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|
163. (1) The portion of paragraph
181.3(3)(a) of the Act before subparagraph
(i) is replaced by the following:
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(a) in the case of a financial institution,
other than an authorized foreign bank or an
insurance corporation, the amount, if any,
by which the total at the end of the year of
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|
(2) Subsection 181.3(3) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c), by adding the
word ``and'' at the end of paragraph (d) and
by adding the following after paragraph
(d):
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(e) in the case of an authorized foreign
bank, the total of
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(i) 10% of the total of all amounts, each
of which is the risk-weighted amount at
the end of the year of an on-balance sheet
asset or an off-balance sheet exposure of
the bank in respect of its Canadian
banking business that the bank would be
required to report under the OSFI
risk-weighting guidelines if those
guidelines applied and required a report
at that time, and
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(ii) the total of all amounts, each of which
is an amount at the end of the year in
respect of the bank's Canadian banking
business that
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(A) if the bank were a bank listed in
Schedule II to the Bank Act, would be
required under the risk-based capital
adequacy guidelines issued by the
Superintendent of Financial
Institutions and applicable at that time
to be deducted from the bank's capital
in determining the amount of capital
available to satisfy the
Superintendent's requirement that
capital equal a particular proportion of
risk-weighted assets and exposures,
and
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(B) is not an amount in respect of a loss
protection facility required to be
deducted from capital under the
Superintendent's guidelines
respecting asset securitization
applicable at that time.
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|
(3) Subsection 181.3(4) of the Act is
replaced by the following:
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|
Investment
allowance of
financial
institution
|
(4) The investment allowance for a taxation
year of a corporation that is a financial
institution is
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|
(a) in the case of a corporation that was
resident in Canada at any time in the year,
the total of all amounts each of which is the
carrying value at the end of the year of an
eligible investment of the corporation;
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|
(b) in the case of an insurance corporation
that was throughout the year not resident in
Canada, the total of all amounts each of
which is the carrying value at the end of the
year of an eligible investment of the
corporation that was used or held by it in the
year in the course of carrying on an
insurance business in Canada;
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(c) in the case of an authorized foreign
bank, the total of all amounts each of which
is the amount at the end of the year, before
the application of risk weights, that the bank
would be required to report under the OSFI
risk-weighting guidelines if those
guidelines applied and required a report at
that time, of an eligible investment used or
held by the bank in the year in the course of
carrying on its Canadian banking business;
and
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(d) in any other case, nil.
|
|
Interpreta-
tion
|
(5) For the purpose of subsection (4),
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|
(a) an eligible investment of a corporation
is a share of the capital stock or long-term
debt (and, where the corporation is an
insurance corporation, is non-segregated
property within the meaning assigned by
subsection 138(12)) of a financial
institution that at the end of the year
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(i) is related to the corporation,
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|
(ii) is not exempt from tax under this Part,
and
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(iii) is resident in Canada or can
reasonably be regarded as using the
proceeds of the share or debt in a business
carried on by the institution through a
permanent establishment (as defined by
regulation) in Canada; and
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(b) a credit union and another credit union
of which the credit union is a shareholder or
member are deemed to be related to each
other.
|
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|
(4) Subsections (1) to (3) apply after June
27, 1999, except that in its application to
taxpayers other than authorized foreign
banks for taxation years that end before
2002, paragraph 181.3(5)(a) of the Act, as
enacted by subsection (3), shall be read
without reference to subparagraph (iii).
|
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|
164. (1) Section 186 of the Act is amended
by adding the following after subsection (6):
|
|
Interpreta-
tion
|
(7) For greater certainty, where a provision
of this Act or the regulations indicates that the
term ``connected'' has the meaning assigned
by subsection 186(4), that meaning shall be
determined by taking into account the
application of subsection 186(2) unless the
provision expressly provides otherwise.
|
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|
(2) Subject to subsection (3), subsection
(1) applies on and after March 16, 2001.
|
|
|
(3) Subsection (1) does not apply for the
purposes of applying the Act on and after
March 16, 2001 with respect to actions or
transactions of a taxpayer required to be
carried out under an agreement in writing
made by the taxpayer before March 16,
2001 if the taxpayer elects in writing that
this subsection apply by filing the election
including a copy of the agreement with the
Minister of National Revenue before the
day that is 60 days after the day on which
this Act receives royal assent.
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|
|
165. (1) The description of C in
subsection 190.1(1.1) of the Act is replaced
by the following:
|
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|
C is the number of days in the year that are
after February 25, 1992 and before 2001.
|
|
|
(2) Subsection (1) applies to taxation
years that end after 1998.
|
|
|
166. (1) The portion of paragraph
190.13(a) of the Act before subparagraph (i)
is replaced by the following:
|
|
|
(a) in the case of a financial institution,
other than an authorized foreign bank or a
life insurance corporation, the amount, if
any, by which the total at the end of the year
of
|
|
|
(2) Section 190.13 of the Act is amended
by striking out the word ``and'' at the end of
paragraph (b), by adding the word ``and'' at
the end of paragraph (c) and by adding the
following after paragraph (c):
|
|
|
(d) in the case of an authorized foreign
bank, the total of
|
|
|
(i) 10% of the total of all amounts, each
of which is the risk-weighted amount at
the end of the year of an on-balance sheet
asset or an off-balance sheet exposure of
the bank in respect of its Canadian
banking business that the bank would be
required to report under the OSFI
risk-weighting guidelines if those
guidelines applied and required a report
at that time, and
|
|
|
(ii) the total of all amounts, each of which
is an amount at the end of the year in
respect of the bank's Canadian banking
business that
|
|
|
(A) if the bank were a bank listed in
Schedule II to the Bank Act, would be
required under the risk-based capital
adequacy guidelines issued by the
Superintendent of Financial
Institutions and applicable at that time
to be deducted from the bank's capital
in determining the amount of capital
available to satisfy the
Superintendent's requirement that
capital equal a particular proportion of
risk-weighted assets and exposures,
and
|
|
|
(B) is not an amount in respect of a loss
protection facility required to be
deducted from capital under the
Superintendent's guidelines
respecting asset securitization
applicable at that time.
|
|
|
(3) Subsections (1) and (2) apply after
June 27, 1999.
|
|
|
167. (1) Section 190.14 of the Act is
replaced by the following:
|
|
Investment in
related
institutions
|
190.14 (1) A corporation's investment for a
taxation year in a financial institution related
to it is
|
|
|
(a) in the case of a corporation that was
resident in Canada at any time in the year,
the total of all amounts each of which is the
carrying value (or in the case of contributed
surplus, the amount) at the end of the year
of an eligible investment of the corporation
in the financial institution;
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|
|
(b) in the case of a life insurance
corporation that was non-resident
throughout the year, the total of all amounts
each of which is the carrying value (or is, in
the case of contributed surplus, the amount)
at the end of the year of an eligible
investment of the corporation in the
financial institution that was used or held by
the corporation in the year in the course of
carrying on an insurance business in
Canada (or that, in the case of contributed
surplus, was contributed by the corporation
in the course of carrying on that business);
and
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|
|
(c) in the case of a corporation that is an
authorized foreign bank, the total of all
amounts each of which is the amount at the
end of the year, before the application of
risk weights, that would be required to be
reported under the OSFI risk-weighting
guidelines if those guidelines applied and
required a report at that time, of an eligible
investment of the corporation in the
financial institution that was used or held by
the corporation in the year in the course of
carrying on its Canadian banking business
or, in the case of an eligible investment that
is contributed surplus of the financial
institution at the end of the year, the amount
of the surplus contributed by the
corporation in the course of carrying on that
business.
|
|
Interpreta-
tion
|
(2) For the purpose of subsection (1), an
eligible investment of a corporation in a
financial institution is a share of the capital
stock or long-term debt (and, where the
corporation is an insurance corporation, is
non-segregated property within the meaning
assigned by subsection 138(12)) of the
financial institution or any surplus of the
financial institution contributed by the
corporation (other than an amount otherwise
included as a share or debt) if the financial
institution at the end of the year is
|
|
|
(a) related to the corporation; and
|
|
|
(b) resident in Canada or can reasonably be
regarded as using the surplus or the
proceeds of the share or debt in a business
carried on by the financial institution
through a permanent establishment (as
defined by regulation) in Canada.
|
|
|
(2) Subsection (1) applies after June 27,
1999 except that, in its application to
taxpayers other than authorized foreign
banks for taxation years that end before
2002, subsection 190.14(2) of the Act, as
enacted by subsection (1), shall be read
without reference to paragraph (b).
|
|
|
168. (1) Paragraph (a) of the definition
``qualified investment'' in section 204 of the
Act is replaced by the following:
|
|
|
(a) money (other than money the fair
market value of which exceeds its stated
value as legal tender in the country of
issuance or money that is held for its
numismatic value) and deposits (within
the meaning assigned by the Canada
Deposit Insurance Corporation Act or
with a branch in Canada of a bank) of
such money standing to the credit of the
trust,
|
|
|
(2) Paragraph (c) of the definition
``qualified investment'' in section 204 of the
Act is replaced by the following:
|
|
|
(c) bonds, debentures, notes or similar
obligations (other than those described in
paragraph 147(2)(c))
|
|
|
(i) issued by a corporation the shares of
which are listed on a prescribed stock
exchange in Canada, or
|
|
|
(ii) issued by an authorized foreign
bank and payable at a branch in
Canada of the bank,
|
|
|
(3) Subsections (1) and (2) apply after
June 27, 1999 except that, before 2003,
paragraph (a) of the definition ``qualified
investment'' in section 204 of the Act, as
enacted by subsection (1), shall be read as
follows:
|
|
|
(a) money (other than money the fair
market value of which exceeds its stated
value as legal tender in the country of
issuance or money that is held for its
numismatic value) and deposits (within
the meaning assigned by the Canada
Deposit Insurance Corporation Act or
with a bank listed in Schedule I or II to the
Bank Act or with a branch in Canada of an
authorized foreign bank) of such money
standing to the credit of the trust,
|
|
|
169. (1) Paragraph (g) of the definition
``foreign property'' in subsection 206(1) of
the Act is replaced by the following:
|
|
|
(g) indebtedness of a non-resident
person, other than
|
|
|
(i) indebtedness issued by an
authorized foreign bank and payable at
a branch in Canada of the bank, or
|
|
|
(ii) indebtedness issued or guaranteed
by
|
|
|
(A) the International Bank for
Reconstruction and Development,
|
|
|
(B) the International Finance
Corporation,
|
|
|
(C) the Inter-American
Development Bank,
|
|
|
(D) the Asian Development Bank,
|
|
|
(E) the Caribbean Development
Bank,
|
|
|
(F) the European Bank for
Reconstruction and Development,
|
|
|
(G) the African Development Bank,
or
|
|
|
|
|
|
(2) Subsection 206(1) of the Act is
amended by adding the following in
alphabetical order:
|
|
``cost
amount''
« coût
indiqué »
|
``cost amount'' at any time of a taxpayer's
capital interest in a trust that is foreign
property is deemed to be the greater of
|
|
|
(a) the cost amount of the interest,
determined without reference to this
definition, and
|
|
|
(b) where that time is more than 60 days
after the end of a taxation year of the
trust, the amount that would be the cost
amount of the interest if new units of the
trust had been issued in satisfaction of
each amount payable
|
|
|
(i) after 2000 and at or before the end
of the taxation year, by the trust in
respect of the interest,
|
|
|
(ii) to which subparagraph
53(2)(h)(i.1) applies (or would apply if
that subparagraph were read without
reference to clauses (A) and (B) of that
subparagraph), and
|
|
|
(iii) that has not been satisfied at or
before that time by the issue of new
units of the trust or by a payment of an
amount by the trust;
|
|
|
(3) Subsection 206(3.1) of the Act is
replaced by the following:
|
|
Acquisition of
qualifying
security
|
(3.1) For the purpose of applying
subparagraph (2)(a)(iii) at or after a particular
time, where a qualifying security in relation to
another security is acquired at the particular
time by the taxpayer referred to in subsection
(3.2) in respect of the security, and the security
is foreign property at that time,
|
|
|
(a) the qualifying security is deemed to
have been last acquired by the taxpayer at
the time the other security was last acquired
by the taxpayer;
|
|
|
(b) where the other security was not foreign
property immediately before the particular
time, the qualifying security is deemed to
have become foreign property at the
particular time; and
|
|
|
(c) where the other security was foreign
property immediately before the particular
time, the qualifying security is deemed to
have become foreign property at the time
the other security became foreign property.
|
|
Qualifying
security
|
(3.2) For the purpose of subsection (3.1), a
qualifying security in relation to another
security means
|
|
|
(a) a security issued at any time by a
corporation to a taxpayer
|
|