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(b) that proportion of 90% that the
number of days in the taxation year that
are in 2003 is of the number of days in the
taxation year,
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(c) that proportion of 75% that the
number of days in the taxation year that
are in 2004 is of the number of days in the
taxation year,
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(d) that proportion of 65% that the
number of days in the taxation year that
are in 2005 is of the number of days in the
taxation year, and
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(e) that proportion of 35% that the
number of days in the taxation year that
are in 2006 is of the number of days in the
taxation year.
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(4) Subsection (1) applies to taxation
years that begin after 2006.
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(5) Subsection (2) applies to taxation
years that end after 2002.
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4. (1) Subparagraph 66(12.66)(b)(ii) of
the Act is replaced by the following:
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(ii) would be described in paragraph (h)
of the definition ``Canadian exploration
expense'' in subsection 66.1(6) if the
words ``paragraphs (a) to (d) and (f) to
(g.1)'' were read as ``paragraphs (a), (d)
and (f)'', or
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(2) Subparagraphs 66(12.66)(b)(i) and (ii)
of the Act are replaced by the following:
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(i) are described in paragraph (a), (d), (f)
or (g.1) of the definition ``Canadian
exploration expense'' in subsection
66.1(6) or paragraph (a) or (b) of the
definition ``Canadian development
expense'' in subsection 66.2(5),
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(ii) would be described in paragraph (h)
of the definition ``Canadian exploration
expense'' in subsection 66.1(6) if the
words ``paragraphs (a) to (d) and (f) to
(g.1)'' were read as ``paragraphs (a), (d),
(f) and (g.1)'', or
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(3) Paragraph (g) of the definition
``Canadian resource property'' in
subsection 66(15) of the Act is replaced by
the following:
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(g) any right to or interest in any property
described in any of paragraphs (a) to (f),
other than a right or an interest that the
taxpayer has because the taxpayer is a
beneficiary under a trust or a member of
a partnership;
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(4) Subsection 66(17) of the Act is
replaced by the following:
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Non-arm's
length
partnerships
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(17) For the purpose of paragraph
(12.66)(d), a partnership and a corporation
are, at all times in a calendar year,
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(a) deemed not to deal with each other at
arm's length, if
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(i) an expense is deemed by subsection
(12.61) to be incurred by the partnership,
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(ii) the expense would, if this Act were
read without reference to paragraph
(12.61)(b), be incurred in the calendar
year by the corporation, and
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(iii) a share of the expense is included,
because of paragraph (h) of the definition
``Canadian exploration expense'' in
subsection 66.1(6), in the Canadian
exploration expense of the corporation or
of a member of the partnership with
whom the corporation, at any time in that
calendar year, does not deal at arm's
length; and
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(b) deemed to deal with each other at arm's
length, in any other case.
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(5) Subsection (1) applies after December
5, 1996.
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(6) Subsection (2) applies to expenses
incurred after 2002 pursuant to a
flow-through share agreement entered into
after July 26, 2002.
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(7) Subsection (3) applies to rights and
interests acquired after December 20, 2002.
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(8) Subsection (4) applies to expenses
incurred after 1996, other than expenses
incurred in January or February 1997 in
respect of an agreement that was made in
1995.
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5. (1) Paragraph (g) of the definition
``Canadian exploration expense'' in
subsection 66.1(6) of the Act is replaced by
the following:
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(g) any expense incurred by the taxpayer
after November 16, 1978 for the purpose
of bringing a new mine in a mineral
resource in Canada into production in
reasonable commercial quantities and
incurred before the new mine comes into
production in such quantities, including
an expense for clearing, removing
overburden, stripping, sinking a mine
shaft or constructing an adit or other
underground entry,
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(2) The definition ``Canadian exploration
expense'' in subsection 66.1(6) of the Act is
amended by adding the following after
paragraph (k.1):
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(k.2) any portion of any expense that may
reasonably be considered to have
resulted in revenue earned by a taxpayer
if
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(i) the expense is otherwise described
by subparagraph (f)(i), (iii) or (iv) and
the revenue is earned before a new
mine of the taxpayer in the mineral
resource referred to in paragraph (f)
comes into production in reasonable
commercial quantities, or
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(ii) the expense is otherwise described
by paragraph (g) and the revenue is
earned before the new mine referred to
in that paragraph comes into
production in reasonable commercial
quantities,
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(3) The description of L in the definition
``cumulative Canadian exploration
expense'' in subsection 66.1(6) of the Act is
replaced by the following:
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L is that portion of the total of all amounts
each of which was deducted by the
taxpayer under subsection 127(5) or (6)
for a taxation year that ended before that
time and that can reasonably be
attributed to a qualified Canadian
exploration expenditure, a
pre-production mining expenditure or a
flow-through mining expenditure (each
expenditure within the meaning
assigned by subsection 127(9)) made in
a preceding taxation year, and
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(4) Subsection (1) applies to expenses
incurred after May 9, 1985.
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(5) Subsection (2) applies to expenses
incurred after June 9, 2003.
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(6) Subsection (3) applies to the 2003 and
subsequent taxation years.
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6. (1) Paragraph (e) of the definition
``Canadian development expense'' in
subsection 66.2(5) of the Act is replaced by
the following:
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(e) notwithstanding paragraph 18(1)(m),
the cost to the taxpayer of, including any
payment for the preservation of a
taxpayer's rights in respect of, any
property described in paragraph (b), (e)
or (f) of the definition ``Canadian
resource property'' in subsection 66(15)
or any right to or interest in such property
(other than such a right or an interest that
the taxpayer has by reason of being a
beneficiary under a trust or a member of
a partnership) but not including any
payment made to any of the persons
referred to in subparagraph 18(1)(m)(i)
for the preservation of a taxpayer's rights
in respect of a Canadian resource
property nor a payment to which
paragraph 18(1)(m) applied because of
clause 18(1)(m)(ii)(B),
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(2) Paragraph (e) of the definition
``Canadian development expense'' in
subsection 66.2(5) of the Act is replaced by
the following:
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(e) the cost to the taxpayer of, including
any payment for the preservation of a
taxpayer's rights in respect of, any
property described in paragraph (b), (e)
or (f) of the definition ``Canadian
resource property'' in subsection 66(15),
or any right to or interest in such property
(other than a right or an interest that the
taxpayer has by reason of being a
beneficiary under a trust or a member of
a partnership),
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(3) The portion of the description of F in
the definition ``cumulative Canadian
development expense'' in subsection 66.2(5)
of the Act before paragraph (a) is replaced
by the following:
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F is the total of all amounts each of which
is an amount in respect of property
described in paragraph (b), (e) or (f) of
the definition ``Canadian resource
property'' in subsection 66(15) or any
right to or interest in such a property,
other than such a right or an interest that
the taxpayer has by reason of being a
beneficiary under a trust or a member of
a partnership, (in this description
referred to as ``the particular property'')
disposed of by the taxpayer before that
time equal to the amount, if any, by
which
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(4) Subsections (1) and (3) apply after
December 20, 2002.
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(5) Subsection (2) applies to taxation
years that begin after 2006.
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7. (1) Paragraph (a) of the definition
``Canadian oil and gas property expense''
in subsection 66.4(5) of the Act is replaced
by the following:
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(a) notwithstanding paragraph 18(1)(m),
the cost to the taxpayer of, including any
payment for the preservation of a
taxpayer's rights in respect of, any
property described in paragraph (a), (c)
or (d) of the definition ``Canadian
resource property'' in subsection 66(15)
or any right to or interest in such property
(other than such a right or an interest that
the taxpayer has by reason of being a
beneficiary under a trust or a member of
a partnership) or an amount paid or
payable to Her Majesty in right of the
Province of Saskatchewan as a net
royalty payment pursuant to a net royalty
petroleum and natural gas lease that was
in effect on March 31, 1977 to the extent
that it can reasonably be regarded as a
cost of acquiring the lease, but not
including any payment made to any of
the persons referred to in subparagraph
18(1)(m)(i) for the preservation of a
taxpayer's rights in respect of a Canadian
resource property nor a payment (other
than a net royalty payment referred to in
this paragraph) to which paragraph
18(1)(m) applied because of clause
18(1)(m)(ii)(B),
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(2) Paragraph (a) of the definition
``Canadian oil and gas property expense''
in subsection 66.4(5) of the Act is replaced
by the following:
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(a) the cost to the taxpayer of, including
any payment for the preservation of a
taxpayer's rights in respect of, any
property described in paragraph (a), (c)
or (d) of the definition ``Canadian
resource property'' in subsection 66(15),
or any right to or interest in such property
(other than a right or an interest that the
taxpayer has by reason of being a
beneficiary under a trust or a member of
a partnership), or an amount paid to Her
Majesty in right of the Province of
Saskatchewan as a net royalty payment
pursuant to a net royalty petroleum and
natural gas lease that was in effect on
March 31, 1977 to the extent that it can
reasonably be regarded as a cost of
acquiring the lease,
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(3) The portion of the description of F in
the definition ``cumulative Canadian oil
and gas property expense'' in subsection
66.4(5) of the Act before paragraph (a) is
replaced by the following:
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F is the total of all amounts each of which
is an amount in respect of property
described in paragraph (a), (c) or (d) of
the definition ``Canadian resource
property'' in subsection 66(15) or any
right to or interest in such a property,
other than such a right or an interest that
the taxpayer has by reason of being a
beneficiary under a trust or a member of
a partnership, (in this description
referred to as ``the particular property'')
disposed of by the taxpayer before that
time equal to the amount, if any, by
which
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(4) Subsections (1) and (3) apply after
December 20, 2002.
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(5) Subsection (2) applies to taxation
years that begin after 2006.
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8. (1) Subsection 69(6) of the Act is
replaced by the following:
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Disposition of
petroleum,
etc.
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(6) An operator with respect to a natural
accumulation of petroleum or natural gas in
Canada, an oil or gas well in Canada or a
mineral resource in Canada who at any time
disposes of property, produced in the
operation, that is petroleum, natural gas or
related hydrocarbons, metal or minerals for no
proceeds of disposition or for proceeds of
disposition less than its fair market value at
that time, is deemed to have received proceeds
of disposition for the property equal to that fair
market value if the disposition is to
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(a) Her Majesty in right of Canada or of a
province;
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(b) an agent of Her Majesty in right of
Canada or of a province; or
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(c) a corporation, a commission or an
association that is controlled by Her
Majesty in right of Canada or of a province
or by an agent of Her Majesty in right of
Canada or of a province.
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(2) Subsections 69(6) to (10) of the Act are
repealed.
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(3) Subsection (1) applies to dispositions
that occur after December 20, 2002.
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(4) Subsection (2) applies to taxation
years that begin after 2006.
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9. (1) Section 80.2 of the Act is repealed.
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(2) Subsection (1) applies to taxation
years that begin after 2006.
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10. (1) Subparagraph 96(1)(d)(i) of the
Act is replaced by the following:
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(i) this Act were read without reference to
section 34.1, subsection 59(1), paragraph
59(3.2)(c.1) and subsections 66.1(1),
66.2(1) and 66.4(1), and
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(2) Subsection (1) applies to taxation
years that begin after 2006.
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11. (1) Subsection 104(29) of the Act is
replaced by the following:
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Amounts
deemed
payable to
beneficiaries
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(29) For the purposes of this section, an
amount designated by a trust in its return of
income for a taxation year throughout which
it was resident in Canada is deemed to have
become, in the proportions that the trust
designates in that return of income, payable by
the trust to particular beneficiaries under the
trust in the year if
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(a) the designated amount does not exceed
the amount determined by the formula
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(A - B) x C/D
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A is the total of all amounts each of which
is
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(i) an amount that is not deductible in
computing the trust's income for the
year, but that would be deductible in
computing that income if this Act were
read without reference to paragraph
18(1)(m),
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(ii) an amount that is required by
paragraph 12(1)(o) or by subsection
69(6) or (7) to be included in
computing that income, or
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(iii) an amount that is required to be
included in computing that income
because of an amount designated
under this subsection by another trust,
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B is the total of all amounts each of which
is
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(i) an amount that is deductible
(otherwise than because of the
membership of the trust in a
partnership) under paragraph
20(1)(v.1) in computing the trust's
income for the year, or
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(ii) an amount that is not included in
computing that income, but that would
be included in computing that income
if this Act were read without reference
to section 80.2,
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C is the total of all amounts each of which
is a portion of the trust's income for the
year computed without reference to the
provisions of this Act (in this subsection
referred to as the ``trust-purpose income
of the trust for the year'') that
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(i) was payable in the year to a
beneficiary under the trust, or
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(ii) was required by subsection 105(2)
to be included in computing the
income of a beneficiary under the
trust, and
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D is the trust-purpose income of the trust
for the year; and
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(b) the designated proportions are
reasonable having regard to the portions of
the trust-purpose income of the trust for the
year that are included in computing the
beneficiaries' incomes for the year.
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(2) Subsection 104(29) of the Act is
repealed.
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(3) Subsection (1) applies to trust taxation
years that end after December 20, 2002.
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(4) Subsection (2) applies to trust taxation
years that begin after 2006.
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12. (1) Subparagraph (a)(iii) of the
definition ``full rate taxable income'' in
subsection 123.4(1) of the Act is replaced by
the following:
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(iii) the corporation's taxable resource
income for the year, and
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(2) Paragraph (a) of the definition ``full
rate taxable income'' in subsection 123.4(1)
of the Act is amended by adding the word
``and'' at the end of subparagraph (ii) and
by repealing subparagraph (iii).
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(3) Subsection (1) applies to the 2003 and
subsequent taxation years.
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(4) Subsection (2) applies to taxation
years that begin after 2006.
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