Deferred payment by actor's corporation

(2.2) Where a corporation is liable to tax under subsection 212(5.1) in respect of a corporation payment (within the meaning assigned by subsection 212(5.2)) made in a taxation year in respect of an actor and, in a subsequent year, the corporation makes an actor payment (within the meaning assigned by subsection 212(5.2)) to or for the benefit of the actor, the amount of the actor payment is not deductible in computing the income of the corporation for any taxation year and is not included in computing the taxable income earned in Canada of the actor for any taxation year.

(9) Subsection 115(3) of the Act is repealed.

(10) Section 115 of the Act is amended by adding the following after subsection (4):

Foreign resource pool expenses

(4.1) Where a taxpayer ceases at any time after February 27, 2000 to be resident in Canada, a particular taxation year of the taxpayer ends after that time and the taxpayer was non-resident throughout the period (in this subsection referred to as the ``non-resident period'') that begins at that time and ends at the end of the particular year,

    (a) in computing the taxpayer's taxable income earned in Canada for the particular year, there may be deducted each amount that would be permitted to be deducted in computing the taxpayer's income for the particular year under subsection 66(4) or 66.21(4) if

      (i) subsection 66(4) were read without reference to the words ``who is resident throughout a taxation year in Canada'' and as if the amount determined under subparagraph 66(4)(b)(ii) were nil, and

      (ii) subsection 66.21(4) were read without reference to the words ``throughout which the taxpayer is resident in Canada'' and as if the amounts determined under subparagraph 66.21(4)(a)(ii) and paragraph 66.21(4)(b) were nil; and

    (b) an amount deducted under this subsection in computing the taxpayer's taxable income earned in Canada for the particular year is deemed, for the purpose of applying subsection 66(4) or 66.21(4), as the case may be, to a subsequent taxation year, to have been deducted in computing the taxpayer's income for the particular year.

(11) Subsections (1) and (7) apply to the 1998 and subsequent taxation years except that, if an individual who ceased at any time after 1992 and before October 2, 1996 to be resident in Canada elects under subsection 124(1) in respect of that cessation of residence, subparagraph 115(1)(a)(i) of the Act, as enacted by subsection (1), applies to income received by the individual after that cessation of residence.

(12) Subsections (2) and (3) apply after June 27, 1999.

(13) Subsections (4) and (9) apply after October 1, 1996 except that, in its application to dispositions that occurred before the 1998 taxation year, paragraph 115(1)(b) of the Act, as enacted by subsection (4), shall be read as follows:

    (b) the only taxable capital gains and allowable capital losses referred to in paragraph 3(b) were taxable capital gains and allowable capital losses from dispositions of taxable Canadian properties, and

(14) Subsection (5) applies to the 2000 and subsequent taxation years.

(15) Subsections (6) and (10) apply to taxation years that begin after February 27, 2000.

(16) Subsection (8) applies in respect of amounts paid, credited or provided after 2000.

91. (1) The portion of subsection 116(1) of the Act before paragraph (a) is replaced by the following:

Disposition by non-resident person of certain property

116. (1) If a non-resident person proposes to dispose of any taxable Canadian property (other than property described in subsection (5.2) and excluded property) the non-resident person may, at any time before the disposition, send to the Minister a notice setting out

(2) Subsections 116(2), (4) and (5) of the Act are amended by replacing the reference to the percentage ``33 1/3%'' with a reference to the percentage ``25%''.

(3) The portion of subsection 116(5.1) of the Act before paragraph (a) is replaced by the following:

Gifts, etc.

(5.1) If a non-resident person has disposed of or proposes to dispose of a life insurance policy in Canada, a Canadian resource property or a taxable Canadian property other than

(4) The portion of subsection 116(5.2) of the Act before paragraph (a) is replaced by the following:

Certificates for dispositions

(5.2) If a non-resident person has, in respect of a disposition or proposed disposition to a taxpayer in a taxation year of property (other than excluded property) that is a life insurance policy in Canada, a Canadian resource property, a property (other than capital property) that is real property situated in Canada, a timber resource property, depreciable property that is a taxable Canadian property or any interest in or option in respect of a property to which this subsection applies (whether or not that property exists),

(5) Paragraphs 116(6)(a) and (b) of the Act are replaced by the following:

    (a) a property that is a taxable Canadian property solely because a provision of this Act deems it to be a taxable Canadian property;

    (a.1) a property (other than real property situated in Canada, a Canadian resource property or a timber resource property) that is described in an inventory of a business carried on in Canada by the person;

    (b) a share of a class of shares of the capital stock of a corporation that is listed on a prescribed stock exchange;

(6) Subsection 116(6) of the Act is amended by striking out the word ``or'' at the end of paragraph (d) and by replacing paragraph (e) with the following:

    (e) property of a non-resident insurer that

      (i) is licensed or otherwise authorized under the laws of Canada or a province to carry on an insurance business in Canada, and

      (ii) carries on an insurance business, within the meaning of subsection 138(1) of the Act, in Canada;

    (f) property of an authorized foreign bank that is used or held in the course of the bank's Canadian banking business;

    (g) an option in respect of property referred to in any of paragraphs (a) to (f) whether or not such property is in existence; and

    (h) an interest in property referred to in any of paragraphs (a) to (g).

(7) Subsections (1), (3) and (4) and paragraphs 116(6)(a) and (a.1) of the Act, as enacted by subsection (5), apply after October 1, 1996.

(8) Subsection (2) applies to taxation years that end after February 27, 2000 except that, for a taxation year that ended after February 27, 2000 and before October 18, 2000, the reference in subsections 116(2), (4) and (5) of the Act, as enacted by subsection (2), to the percentage ``25%'' shall be read as a reference to the percentage ``30%''.

(9) Paragraph 116(6)(b) of the Act, as enacted by subsection (5), and subsection (6) apply after June 27, 1999.

92. (1) Subsection 117(2) of the Act is replaced by the following:

Rate for 2000

(2) The tax payable under this Part by an individual on the individual's taxable income or taxable income earned in Canada, as the case may be, (in this subdivision referred to as the ``amount taxable'') for the 2000 taxation year is

    (a) 17% of the amount taxable, if the amount taxable does not exceed $30,004;

    (b) $5,101 plus 25% of the amount by which the amount taxable exceeds $30,004, if the amount taxable exceeds $30,004 and does not exceed $60,009; and

    (c) $12,602 plus 29% of the amount by which the amount taxable exceeds $60,009, if the amount taxable exceeds $60,009.

(2) Subsection 117(2) of the Act, as enacted by subsection (1), is replaced by the following:

Rates for years after 2000

(2) The tax payable under this Part by an individual on the individual's taxable income or taxable income earned in Canada, as the case may be, (in this subdivision referred to as the ``amount taxable'') for a taxation year is

    (a) 16% of the amount taxable, if the amount taxable does not exceed $30,754;

    (b) $4,921 plus 22% of the amount by which the amount taxable exceeds $30,754, if the amount taxable exceeds $30,754 and does not exceed $61,509;

    (b.1) $11,687 plus 26% of the amount by which the amount taxable exceeds $61,509, if the amount taxable exceeds $61,509 and does not exceed $100,000; and

    (c) $21,695 plus 29% of the amount by which the amount taxable exceeds $100,000, if the amount taxable exceeds $100,000.

Minimum thresholds for 2004

(3) Each of the amounts of $30,754, $61,509 and $100,000 referred to in subsection (2) is deemed, for the purposes of applying subsection (2) to the 2004 taxation year, to be the greater of

    (a) the amount that would be used for the 2004 taxation year if this section were read without reference to this subsection, and

    (b) in the case of

      (i) the amount of $30,754, $35,000,

      (ii) the amount of $61,509, $70,000, and

      (iii) the amount of $100,000, $113,804.

(3) Subsection (1) applies to the 2000 taxation year.

(4) Subsection 117(2) of the Act, as enacted by subsection (2), applies to the 2001 and subsequent taxation years.

93. (1) Clause (c.1)(ii)(B) of the description of B in subsection 118(1) of the Act is replaced by the following:

        (B) resident in Canada and is the parent, grandparent, brother, sister, aunt, uncle, nephew or niece of the individual or of the individual's spouse or common-law partner, and

(2) The portion of paragraph 118(1)(c.1) of the Act after subparagraph (iii) is replaced by the following:

    the amount determined by the formula

$15,453 - D.1

    where

    D.1 is the greater of $11,953 and the particular person's income for the year,

(3) The portion of paragraph 118(1)(d) of the Act after subparagraph (ii) is replaced by the following:

    the amount determined by the formula

$8,466 - E

    where

    E is the greater of $4,966 and the dependant's income for the year, and

(4) Section 118 of the Act is amended by adding the following after subsection (3):

Minimum amounts for 2004

(3.1) Each of the amounts of $7,131, $6,055 and $606 referred to in paragraphs (a) to (c) of the description of B in subsection (1) is deemed, for the 2004 taxation year, to be the greater of

    (a) the amount in respect thereof that would be used for that year if this section were read without reference to this subsection, and

    (b) in the case of

      (i) the amounts of $7,131, $8,000,

      (ii) the amounts of $6,055, $6,800, and

      (iii) the amounts of $606, $680.

(5) Subsection (1) applies to the 1998 and subsequent taxation years, except that clause (c.1)(ii)(B) of the description of B in subsection 118(1) of the Act, as enacted by subsection (1), shall be read without reference to ``or common-law partner'' for any taxation year that ends before 2001 unless a valid election is made by the taxpayer under section 144 of the Modernization of Benefits and Obligations Act, that that Act apply to the taxpayer in respect of one or more taxation years that includes the year.

(6) Subsections (2) and (3) apply to the 2001 and subsequent taxation years.

94. (1) The portion of the definition ``total ecological gifts'' in subsection 118.1(1) of the Act before paragraph (a) is replaced by the following:

``total ecological gifts''
« total des dons de biens écosensibles »

``total ecological gifts'' of an individual for a taxation year means the total of all amounts each of which is the fair market value of a gift (other than a gift the fair market value of which is included in the total cultural gifts of the individual for the year) of land, including a servitude for the use and benefit of a dominant land, a covenant or an easement, the fair market value of which is certified by the Minister of the Environment and that is certified by that Minister, or a person designated by that Minister, to be ecologically sensitive land, the conservation and protection of which is, in the opinion of that Minister, or that person, important to the preservation of Canada's environmental heritage, which gift was made by the individual in the year or in any of the five immediately preceding taxation years to

(2) Subsection 118.1(2) of the Act is replaced by the following:

Proof of gift

(2) A gift shall not be included in the total charitable gifts, total Crown gifts, total cultural gifts or total ecological gifts of an individual unless the making of the gift is proven by filing with the Minister

    (a) a receipt for the gift that contains prescribed information;

    (b) in the case of a gift described in the definition ``total cultural gifts'' in subsection (1), the certificate issued under subsection 33(1) of the Cultural Property Export and Import Act; and

    (c) in the case of a gift described in the definition ``total ecological gifts'' in subsection (1), both certificates referred to in that definition.

(3) Subsection 118.1(4) of the Act is replaced by the following:

Gift in year of death

(4) Subject to subsection (13), a gift made by an individual in the particular taxation year in which the individual dies (including, for greater certainty, a gift otherwise deemed by subsection (5), (5.2), (5.3), (7), (7.1), (13) or (15) to have been so made) is deemed, for the purpose of this section other than this subsection, to have been made by the individual in the preceding taxation year, and not in the particular year, to the extent that an amount in respect of the gift is not deducted in computing the individual's tax payable under this Part for the particular year.

(4) Section 118.1 of the Act is amended by adding the following after subsection (5):

Direct designation - insurance proceeds

(5.1) Subsection (5.2) applies to an individual in respect of a life insurance policy where

    (a) the policy is a life insurance policy under which, immediately before the individual's death, the individual's life was insured;

    (b) a transfer of money, or a transfer by means of a negotiable instrument, is made as a consequence of the individual's death and solely because of the obligations under the policy, from an insurer to a qualified donee (other than a transfer the amount of which is not included in computing the income of the individual or the individual's estate for any taxation year but would have been included in computing the income of the individual or the individual's estate for a taxation year if the transfer had been made to the individual's legal representative for the benefit of the individual's estate and this Act were read without reference to subsection 70(3));

    (c) immediately before the individual's death,

      (i) the individual's consent would have been required to change the recipient of the transfer described in paragraph (b), and