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(iii) a person who does anything to satisfy
a requirement or exercise an authority,
right or privilege under Part IX of the
Excise Tax Act is deemed to have done
that thing for the purposes of both that
Part and the first nation law,
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(iv) a person who does anything to satisfy
a requirement or exercise an authority,
right or privilege under the first nation
law is deemed to have done that thing for
the purposes of both that law and Part IX
of the Excise Tax Act,
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(v) a person who is a registrant for the
purposes of Part IX of the Excise Tax Act
is a registrant for the purposes of both that
Part and the first nation law,
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(vi) a person who is a registrant for the
purposes of the first nation law is a
registrant for the purposes of both that
law and Part IX of the Excise Tax Act, and
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(vii) if a proceeding may be taken under
any other Act of Parliament in respect of
the tax imposed under Part IX of the
Excise Tax Act, that proceeding may be
taken in respect of the tax imposed under
the first nation law.
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Meaning of
``first nation
law''
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12. (1) In this section, ``first nation law''
means a law enacted by the governing body of
a first nation listed in the schedule under a
power recognized or granted under any other
Act of Parliament or an agreement that has
been given effect by any other Act of
Parliament, if that law and its application are
consistent with subsections 4(1) to (10),
paragraphs 11(3)(a) and (b) and
subparagraphs 11(3)(e)(i) to (iii) and (v).
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Rules where
agreement
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(2) If the authorized body of a first nation
and the Minister have entered into an
administration agreement in respect of a first
nation law,
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(a) Part IX of the Excise Tax Act applies as
if tax imposed under the first nation law
were imposed under that Part and as if the
provisions of the first nation law relating to
that tax were included in that Part, but that
Part shall not thereby be construed as
imposing a tax except as provided in that
Part;
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(b) all Acts of Parliament, other than this
Act and Part IX of the Excise Tax Act, apply
as if tax referred to in each of paragraphs
4(1)(a) and (c) imposed under the first
nation law were imposed under subsection
165(1) and section 218 of the Excise Tax Act
respectively and, subject to subsection 4(9),
as if tax referred to in paragraph 4(1)(b)
imposed under the first nation law were
imposed under subsection 220.05(1) of the
Excise Tax Act in respect of the bringing of
property into a participating province; and
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(c) for greater certainty,
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(i) a person who does anything to satisfy
a requirement or exercise an authority,
right or privilege under the first nation
law is deemed to have done that thing for
the purposes of both that law and Part IX
of the Excise Tax Act,
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(ii) a person who is a registrant for the
purposes of the first nation law is a
registrant for the purposes of both that
law and Part IX of the Excise Tax Act, and
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(iii) if a proceeding may be taken under
any other Act of Parliament in respect of
the tax imposed under Part IX of the
Excise Tax Act, that proceeding may be
taken in respect of the tax imposed under
the first nation law.
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Cessation of
agreement
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(3) If an administration agreement in
respect of a first nation law ceases to have
effect at any time, this Act applies after that
time in respect of the first nation law as if the
first nation law had been repealed at that time.
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Tax not
payable
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13. If an administration agreement in
respect of a first nation law, as defined in
subsection 11(1) or 12(1), is in effect, no tax
(other than tax imposed under subsection
165(2), 212.1(2) or 218.1(1) or Division IV.1
of Part IX of the Excise Tax Act) is payable or
deemed to have been paid or collected under
Part IX of the Excise Tax Act in respect of a
supply to the extent that tax is payable or
deemed to have been paid or collected, as the
case may be, in respect of the supply under the
first nation law.
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Offences
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14. When an administration agreement in
respect of a first nation law, as defined in
subsection 11(1) or 12(1), is in effect and a
person commits an act or omission in respect
of that law that would be an offence under a
provision of Part IX of the Excise Tax Act or
regulations made under that Part if the act or
omission were committed in relation to that
Part or those regulations,
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(a) subject to paragraph (b), the person is
guilty of an offence punishable on summary
conviction;
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(b) the Attorney General of Canada may
elect to prosecute the person by indictment
if an offence under that provision may be
prosecuted by indictment; and
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(c) the person is liable on conviction to the
punishment provided for in that provision.
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Amendment
of schedule
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15. The Governor in Council may, by order,
amend the schedule by adding, deleting or
varying the name of any first nation or of the
governing body of any first nation or the
description of the lands of any first nation.
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Information
reports
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16. (1) If an administration agreement
entered into by the authorized body of a first
nation is in effect, the Minister of National
Revenue may, for the purposes of that
agreement, require any person having a place
of business, or maintaining assets of a
business, on the lands of the first nation to
make a report respecting supplies relating to
that business made by the person or property
or services acquired or imported for
consumption, use or supply in connection with
those lands and that business.
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Form and
manner of
filing
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(2) A report under subsection (1) shall be
filed with the Minister of National Revenue in
the manner and form authorized by that
Minister and at the time and containing
information specified by that Minister.
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(2) The schedule to the First Nations
Goods and Services Tax Act is set out in the
schedule to this Act.
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R.S., c. E-15
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Excise Tax Act
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1993, c. 27,
s. 128(3)
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68. (1) Subparagraph 295(5)(d)(i) of the
Excise Tax Act is replaced by the following:
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(i) to an official of the Department of
Finance solely for the purposes of the
formulation or evaluation of fiscal policy
or for the purposes of an administration
agreement, as defined in subsection 2(1)
of the Federal-Provincial Fiscal
Arrangements Act, entered into with an
aboriginal government, as defined in that
subsection, or for the purposes of an
administration agreement, as defined in
subsection 2(1) of the First Nations
Goods and Services Tax Act,
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(2) Paragraph 295(5)(d) of the Act is
amended by adding the following after
subparagraph (iv.1):
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(iv.2) to a person authorized by the
governing body of a first nation listed in
the schedule to the First Nations Goods
and Services Tax Act solely for the
purposes of the formulation, evaluation
or initial implementation of fiscal policy
relating to a tax referred to in that Act,
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R.S., c. 1 (5th
Supp.)
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69. (1) The descriptions of A and B in
subsection 6(2) of the Income Tax Act are
replaced by the following:
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A is
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(a) the lesser of the total kilometres that
the automobile is driven (otherwise than
in connection with or in the course of the
taxpayer's office or employment) during
the total available days and the value
determined for the description of B for
the year in respect of the standby charge
for the automobile during the total
available days, if
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(i) the taxpayer is required by the
employer to use the automobile in
connection with or in the course of the
office or employment, and
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(ii) the distance travelled by the
automobile in the total available days
is primarily in connection with or in
the course of the office or
employment, and
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(b) the value determined for the
description of B for the year in respect of
the standby charge for the automobile
during the total available days, in any
other case;
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B is the product obtained when 1,667 is
multiplied by the quotient obtained by
dividing the total available days by 30 and,
if the quotient so obtained is not a whole
number and exceeds one, by rounding it to
the nearest whole number or, where that
quotient is equidistant from two
consecutive whole numbers, by rounding
it to the lower of those two numbers;
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(2) Subsection (1) applies to the 2003 and
subsequent taxation years.
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70. (1) The definitions ``qualifying cost'',
``qualifying portion of a capital gain'' and
``qualifying portion of the proceeds of
disposition'' in subsection 44.1(1) of the Act
are repealed.
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(2) The descriptions of E and F in the
definition ``ACB reduction'' in subsection
44.1(1) of the Act are replaced by the
following:
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E is the cost to the individual of the
replacement share; and
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F is the cost to the individual of all the
replacement shares of the individual in
respect of the qualifying disposition.
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(3) The descriptions of G, H and I in the
definition ``permitted deferral'' in
subsection 44.1(1) of the Act are replaced by
the following:
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G is the lesser of the individual's proceeds
of disposition from the qualifying
disposition and the total of all amounts
each of which is the cost to the
individual of a replacement share in
respect of the qualifying disposition;
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H is the individual's proceeds of
disposition from the qualifying
disposition; and
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I is the individual's capital gain from the
qualifying disposition.
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(4) Paragraph (a) of the definition
``replacement share'' in subsection 44.1(1)
of the Act is replaced by the following:
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(a) acquired by the individual in the year
or within 120 days after the end of the
year; and
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(5) Subsections (1) to (4) apply in respect
of dispositions that occur after February
18, 2003.
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71. (1) Subparagraph 60(l)(v) of the Act
is amended by adding the following after
clause (B):
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(B.01) the amount included in
computing the taxpayer's income for
the year as a payment (other than a
payment that is part of a series of
periodic payments or that relates to an
actuarial surplus) received by the
taxpayer out of or under a registered
pension plan as a consequence of the
death of an individual of whom the
taxpayer was a child or grandchild, if
the taxpayer was, immediately before
the death, financially dependent on the
individual for support because of
mental or physical infirmity,
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(2) The portion of subclause
60(l)(v)(B.1)(II) of the Act before
sub-subclause 1 is replaced by the
following:
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(II) the amount (other than any
portion of it that is included in the
amount determined under clause
(B), (B.01) or (B.2)) that is included
in computing the taxpayer's income
for the year as
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(3) Subsections (1) and (2) apply in
respect of deaths that occur after 2002.
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72. (1) Paragraph 104(27)(c) of the
French version of the Act is replaced by the
following:
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c) lorsque la prestation est un montant
unique, au sens du paragraphe 147.1(1),
qu'un régime de pension agréé verse à la
fiducie par suite du décès de l'auteur de
celle-ci :
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(i) si le bénéficiaire était, immédiatement
avant le décès de l'auteur, l'enfant ou le
petit-enfant de celui-ci qui était
financièrement à sa charge en raison
d'une déficience mentale ou physique, la
part du bénéficiaire sur la prestation (à
l'exception de toute fraction de celle-ci
qui se rapporte à un surplus actuariel) est
réputée, pour l'application de l'alinéa
60l), être un montant provenant d'un
régime de pension agréé qui est inclus
dans le calcul du revenu du bénéficiaire
pour l'année donnée à titre de paiement
visé à la division 60l)(v)(B.01),
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(ii) si le bénéficiaire - enfant ou
petit-enfant de l'auteur - avait moins
de 18 ans au décès de l'auteur, la part du
bénéficiaire sur la prestation (à
l'exception de toute fraction de celle-ci
qui se rapporte à un surplus actuariel) est
réputée, pour l'application de l'alinéa
60l), être un montant provenant d'un
régime de pension agréé qui est inclus
dans le calcul du revenu du bénéficiaire
pour l'année donnée à titre de paiement
visé à la subdivision 60l)(v)(B.1)(II).
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(2) Paragraph 104(27)(e) of the English
version of the Act is replaced by the
following:
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(e) where the benefit is a single amount
(within the meaning assigned by subsection
147.1(1)) paid by a registered pension plan
to the trust as a consequence of the death of
the settlor of the trust,
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(i) if the beneficiary was, immediately
before the settlor's death, a child or
grandchild of the settlor who, because of
mental or physical infirmity, was
financially dependent on the settlor for
support, the beneficiary's share of the
benefit (other than any portion of it that
relates to an actuarial surplus) is deemed,
for the purposes of paragraph 60(l), to be
an amount from a registered pension plan
included in computing the beneficiary's
income for the particular year as a
payment described in clause
60(l)(v)(B.01), and
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(ii) if the beneficiary was, at the time of
the settlor's death, under 18 years of age
and a child or grandchild of the settlor,
the beneficiary's share of the benefit
(other than any portion of it that relates to
an actuarial surplus) is deemed, for the
purposes of paragraph 60(l), to be an
amount from a registered pension plan
included in computing the beneficiary's
income for the particular year as a
payment described in subclause
60(l)(v)(B.1)(II).
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(3) Subsections (1) and (2) apply in
respect of deaths that occur after 2002.
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73. (1) Paragraph 118.2(2)(l.4) of the Act
is replaced by the following:
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(l.4) on behalf of the patient who has a
speech or hearing impairment, for sign
language interpretation services or
real-time captioning services, to the extent
that the payment is made to a person in the
business of providing such services;
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(l.41) on behalf of the patient who has a
mental or physical impairment, for
note-taking services, if
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(i) the patient has been certified in
writing by a medical practitioner to be a
person who, because of that impairment,
requires such services, and
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(ii) the payment is made to a person in the
business of providing such services;
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(l.42) on behalf of the patient who has a
physical impairment, for the cost of voice
recognition software, if the patient has been
certified in writing by a medical
practitioner to be a person who, because of
that impairment, requires that software;
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(2) Subsection 118.2(2) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (p), by adding the
word ``or'' at the end of paragraph (q) and
by adding the following after paragraph
(q):
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(r) on behalf of the patient who has celiac
disease, the incremental cost of acquiring
gluten-free food products as compared to
the cost of comparable non-gluten-free
food products, if the patient has been
certified in writing by a medical
practitioner to be a person who, because of
that disease, requires a gluten-free diet.
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(3) Subsections (1) and (2) apply to the
2003 and subsequent taxation years.
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74. (1) Subparagraph 118.3(1)(a.2)(iii) of
the English version of the Act is replaced by
the following:
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(iii) an impairment with respect to an
individual's ability in feeding or dressing
themself, or in walking, a medical doctor
or an occupational therapist,
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(2) Subparagraph 118.3(1)(a.2)(iv) of the
French version of the Act is replaced by the
following:
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(iv) s'il s'agit d'une déficience quant à la
capacité de marcher, de s'alimenter ou de
s'habiller, un médecin en titre ou un
ergothérapeute,
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(3) Subsections (1) and (2) apply to the
2003 and subsequent taxation years.
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75. (1) Subparagraph 118.4(1)(c)(ii) of
the Act is replaced by the following:
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(ii) feeding oneself or dressing oneself,
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(2) Subsection 118.4(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c) and by adding the
following after paragraph (d):
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(e) feeding oneself does not include
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(i) any of the activities of identifying,
finding, shopping for or otherwise
procuring food, or
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