Bill C-28
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PART II |
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R.S., c. 2 (5th
Supp.); 1994,
cc. 7, 21;
1995, cc. 3,
21; 1997, c.
25
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INCOME TAX APPLICATION RULES |
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248. (1) The portion of paragraph
20(1)(c) of the Income Tax Application Rules
before subparagraph (ii) is replaced by the
following:
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(2) Subsection (1) applies to the 1994 and
subsequent taxation years.
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249. (1) Clause 26(5)(c)(ii)(A) of the Rules
is replaced by the following:
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(2) The portion of subsection 26(25) of the
Rules before paragraph (a) is replaced by
the following:
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Bond
conversion
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(25) Where, after May 6, 1974, there has
been an exchange to which section 51.1 of the
amended Act applies on which a taxpayer has
acquired a bond of a debtor (in this subsection
referred to as the ``new bond'') in exchange for
another bond of the same debtor (in this
subsection referred to as the ``old bond'')
owned by the taxpayer on December 31, 1971
and thereafter without interruption until
immediately before the exchange,
notwithstanding any other provision of this
Act or of the amended Act, for the purposes of
subsection 88(2.1) of the amended Act and of
determining the cost to the taxpayer and the
adjusted cost base to the taxpayer of the new
bond,
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(3) Section 26 of the Rules is amended by
adding the following after subsection (29):
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Additions to
taxable
Canadian
property
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(30) Subsections (1.1) to (29) do not apply
to a disposition by a non-resident person of a
taxable Canadian property that would not be
a taxable Canadian property immediately
before the disposition if section 115 of the
amended Act were read as it applied to
dispositions that occurred on April 26, 1995.
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(4) Subsections (1) and (3) apply to
dispositions that occur after April 26, 1995.
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(5) Subsection (2) applies to exchanges
that occur after October 1994.
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PART III |
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R.S., c. B-3;
R.S., cc. 27,
31 (1st
Supp.), cc. 3,
27 (2nd
Supp.); 1990,
c. 17; 1991, c.
46; 1992, cc.
1, 27; 1993,
cc. 28, 34;
1994, c. 26;
1995, c. 1;
1996, cc. 6,
23; 1997, c.
12
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BANKRUPTCY AND INSOLVENCY ACT |
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1992, c. 27,
s. 33; 1996, c.
23, s. 168
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250. (1) Subsection 67(3) of the
Bankruptcy and Insolvency Act is replaced
by the following:
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Exceptions
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(3) Subsection (2) does not apply in respect
of amounts deemed to be held in trust under
subsection 227(4) or (4.1) of the Income Tax
Act, subsection 23(3) or (4) of the Canada
Pension Plan or subsection 86(2) or (2.1) of
the Employment Insurance Act (each of which
is in this subsection referred to as a ``federal
provision'') nor in respect of amounts deemed
to be held in trust under any law of a province
that creates a deemed trust the sole purpose of
which is to ensure remittance to Her Majesty
in right of the province of amounts deducted
or withheld under a law of the province where
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and for the purpose of this subsection, any
provision of a law of a province that creates a
deemed trust is, notwithstanding any Act of
Canada or of a province or any other law,
deemed to have the same effect and scope
against any creditor, however secured, as the
corresponding federal provision.
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(2) Subsection (1) is deemed to have come
into force on June 15, 1994 except that, in
the application after June 14, 1994 and
before June 30, 1996 of subsection 67(3) of
the Act, as enacted by subsection (1), the
reference to ``subsections 86(2) or (2.1) of
the Employment Insurance Act'' shall be
read as a reference to ``subsections 57(2) or
(3) of the Unemployment Insurance Act''.
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PART IV |
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R.S., c. C-8;
R.S., cc. 6, 41
(1st Supp.),
cc. 5, 13, 27,
30 (2nd
Supp.), cc. 18,
38 (3rd
Supp.), cc. 1,
46, 51 (4th
Supp.); 1990,
c. 8; 1991, cc.
14, 44, 49;
1992, cc. 1, 2,
27, 48; 1993,
cc. 24, 27, 28;
1994, cc. 13,
21; 1995, c.
33; 1996, cc.
11, 16, 23
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CANADA PENSION PLAN |
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251. (1) Section 5 of the Canada Pension
Plan is renumbered as subsection 5(1) and
is amended by adding the following:
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Delegation
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(2) The Minister may authorize an officer or
a class of officers to exercise powers or
perform duties of the Minister under this Part.
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(2) Any power or duty of the Minister of
National Revenue delegated to an officer or
a class of officers by a regulation made
under subsection 40(2) of the Act before the
day on which this Act is assented to
continues to be delegated to that officer or
that class of officers until an authorization
by the Minister made under subsection 5(2)
of the Act, as enacted by subsection (1),
changes the delegation of that power or
duty.
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1994, c. 21,
s. 123
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252. (1) Subsection 23(3) of the Act is
replaced by the following:
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Where
amount
deducted not
remitted
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(3) Where an employer has deducted an
amount from the remuneration of an
employee as or on account of any contribution
required to be made by the employee but has
not remitted the amount to the Receiver
General, the employer is deemed,
notwithstanding any security interest (as
defined in subsection 224(1.3) of the Income
Tax Act) in the amount so deducted, to hold the
amount separate and apart from the property
of the employer and from property held by any
secured creditor (as defined in subsection
224(1.3) of the Income Tax Act) of that
employer that but for the security interest
would be property of the employer, in trust for
Her Majesty and for payment to Her Majesty
in the manner and at the time provided under
this Act.
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Extension of
trust
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(4) Notwithstanding the Bankruptcy and
Insolvency Act (except sections 81.1 and 81.2
of that Act), any other enactment of Canada,
any enactment of a province or any other law,
where at any time an amount deemed by
subsection (3) to be held by an employer in
trust for Her Majesty is not paid to Her
Majesty in the manner and at the time
provided under this Act, property of the
employer and property held by any secured
creditor (as defined in subsection 224(1.3) of
the Income Tax Act) of that employer that but
for a security interest (as defined in subsection
224(1.3) of the Income Tax Act) would be
property of the employer, equal in value to the
amount so deemed to be held in trust is
deemed
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and is property beneficially owned by Her
Majesty notwithstanding any security interest
in such property or in the proceeds thereof,
and the proceeds of such property shall be paid
to the Receiver General in priority to all such
security interests.
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Meaning of
``security
interest''
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(4.1) For the purposes of subsections (3) and
(4), a security interest does not include a
prescribed security interest.
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(2) Subsection (1) is deemed to have come
into force on June 15, 1994.
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253. Section 24 of the Act is amended by
adding the following after subsection (2):
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Electronic
records
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(2.1) Every employer required by this
section to keep records who does so
electronically shall retain them in an
electronically readable format for the
retention period referred to in subsection (2).
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Exemption
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(2.2) The Minister may, on such terms and
conditions as are acceptable to the Minister,
exempt an employer or a class of employers
from the requirement in subsection (2.1).
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R.S., c. 5 (2nd
Supp.), s. 2
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254. (1) Subsection 25(7) of the Act is
amended by adding the word ``and'' at the
end of paragraph (a) and by repealing
paragraphs (c) and (d).
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R.S., c. 5 (2nd
Supp), s. 2
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(2) Subsection 25(10) of the Act is
replaced by the following:
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Powers on
review
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(10) On hearing an application under
subsection (9), a judge may cancel the
authorization previously granted if the judge
is not then satisfied that the conditions in
paragraphs (7)(a) and (b) have been met and
the judge may confirm or vary the
authorization if satisfied that those conditions
have been met.
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R.S., c. 5 (2nd
Supp.), s. 2;
1994, c. 13,
par. 8(1)(a)
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(3) Subsection 25(12) of the Act is
replaced by the following:
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Copies as
evidence
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(12) Where any document is inspected,
audited, examined or provided under this
section, the person by whom it is inspected,
audited or examined or to whom it is provided
or any officer of the Department of National
Revenue may make, or cause to be made, one
or more copies thereof and, in the case of an
electronic document, make or cause to be
made a print-out of the electronic document,
and any document purporting to be certified
by the Minister or an authorized person to be
a copy of the document, or to be a print-out of
an electronic document, made pursuant to this
subsection is evidence of the nature and
content of the original document and has the
same probative force as the original document
would have if it were proven in the ordinary
way.
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(4) Subsection (3) applies to copies and
print-outs made after this Act is assented to.
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R.S., c. 51
(4th Supp.),
s. 9
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255. (1) Subsection 28(1) of the Act is
replaced by the following:
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Appeal to Tax
Court of
Canada
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28. (1) A person affected by a decision on an
appeal to the Minister under section 27 or
27.1, or the person's representative, may,
within 90 days after the decision is
communicated to the person, or within any
longer time that the Tax Court of Canada on
application made to it within 90 days after the
expiration of those 90 days allows, appeal
from the decision to that Court in accordance
with the Tax Court of Canada Act and the
applicable rules of court made thereunder.
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(2) Section 28 of the Act is amended by
adding the following after subsection (1.1):
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Extension of
time to appeal
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(1.2) Section 167, except paragraph
167(5)(a), of the Income Tax Act applies, with
such modifications as the circumstances
require, in respect of applications made under
subsection (1).
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(3) Subsection (1) applies to appeals
instituted after the fourth month after the
month in which this Act is assented to.
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256. Subsection 40(2) of the Act is
repealed.
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PART V |
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1992, c. 48,
Sch.; 1995, c.
33; 1996, c.
11
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CHILDREN'S SPECIAL ALLOWANCES ACT |
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1996, c. 11,
par. 95(d)
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257. (1) The definition ``Minister'' in
section 2 of the Children's Special
Allowances Act is replaced by the following:
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``Minister'' « ministre »
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``Minister'' means the Minister of National
Revenue;
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(2) Subsection (1) applies after August 27,
1995.
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1996, c. 11,
paras.
97(1)(c) and
(2)(a) and
101(b)
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258. (1) Subsection 10(2) of the Act is
replaced by the following:
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Release of
information
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(2) Any information obtained by or on
behalf of the Minister in the course of the
administration or enforcement of this Act or
the regulations or the carrying out of an
agreement entered into under section 11 may
be communicated to any person where it can
reasonably be regarded as necessary for the
purposes of the administration or enforcement
of this Act or the Income Tax Act.
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(2) Subsection (1) applies after August 27,
1995.
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1996, c. 11,
par. 97(1)(c)
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259. (1) Section 11 of the Act is replaced
by the following:
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Agreements
with
provinces for
exchange of
information
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11. The Minister may enter into an
agreement with the government of any
province for the purpose of obtaining
information in connection with the
administration or enforcement of this Act or
the regulations and of furnishing to that
government, under prescribed conditions, any
information obtained by or on behalf of the
Minister in the course of the administration or
enforcement of this Act or the regulations, if
the Minister is satisfied that the information to
be furnished to that government under the
agreement is to be used for the purpose of the
administration of a social program, income
assistance program or health insurance
program in the province.
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(2) Subsection (1) applies after August 27,
1995.
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