Bill C-28
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235. (1) Section 239 of the Act is amended
by adding the following after subsection (1):
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Offenses re
refunds and
credits
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(1.1) Every person who obtains or claims a
refund or credit under this Act to which the
person or any other person is not entitled or
obtains or claims a refund or credit under this
Act in an amount that is greater than the
amount to which the person or other person is
entitled
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is guilty of an offence and, in addition to any
penalty otherwise provided, is liable on
summary conviction to
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(2) Subsection 239(2) of the Act is
replaced by the following:
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Prosecution
on indictment
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(2) Every person who is charged with an
offence described in subsection (1) or (1.1)
may, at the election of the Attorney General of
Canada, be prosecuted on indictment and, if
convicted, is, in addition to any penalty
otherwise provided, liable to
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(3) Subsection 239(2.3) of the Act is
replaced by the following:
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Offence with
respect to an
identification
number
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(2.3) Every person to whom the Social
Insurance Number of an individual or to
whom the business number of a taxpayer or
partnership has been provided under this Act
or a regulation, and every officer, employee
and agent of such a person, who without
written consent of the individual, taxpayer or
partnership, as the case may be, knowingly
uses, communicates or allows to be
communicated the number (otherwise than as
required or authorized by law, in the course of
duties in connection with the administration
or enforcement of this Act or for a purpose for
which it was provided by the individual,
taxpayer or partnership, as the case may be) is
guilty of an offence and liable on summary
conviction to a fine not exceeding $5,000 or to
imprisonment for a term not exceeding 12
months, or to both.
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(4) Subsection 239(3) of the Act is
replaced by the following:
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Penalty on
conviction
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(3) Where a person is convicted under this
section, the person is not liable to pay a
penalty imposed under section 162 or 163 for
the same contravention unless the penalty was
assessed before the information or complaint
giving rise to the conviction was laid or made.
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236. (1) Paragraph 241(1)(c) of the Act is
replaced by the following:
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(2) Paragraph 241(3)(b) of the Act is
replaced by the following:
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(3) Paragraph 241(4)(a) of the Act is
replaced by the following:
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(4) Subparagraph 241(4)(d)(x) of the Act
is replaced by the following:
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(5) Clause 241(4)(d)(xiii)(B) of the Act is
replaced by the following:
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(6) Subparagraph 241(4)(e)(vii) of the
Act is replaced by the following:
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(7) Paragraph 241(4)(h) of the Act is
replaced by the following:
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(8) Subsection 241(4) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (k), by adding the
word ``or'' at the end of paragraph (l) and
by adding the following after paragraph (l):
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(9) The definition ``business number'' in
subsection 241(10) of the Act is repealed.
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(10) The definition ``authorized person''
in subsection 241(10) of the Act is replaced
by the following:
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``authorized
person'' « personne autorisée »
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``authorized person'' means a person who is
engaged or employed, or who was formerly
engaged or employed, by or on behalf of
Her Majesty in right of Canada to assist in
carrying out the provisions of this Act, the
Canada Pension Plan, the Unemployment
Insurance Act or the Employment Insurance
Act;
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(11) Subsections (1) to (4), (7) and (10) are
deemed to have come into force on June 30,
1996.
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(12) Subsection (6) is deemed to have
come into force on May 1, 1997.
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237. (1) Subsection 244(9) of the Act is
replaced by the following:
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Proof of
documents
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(9) An affidavit of an officer of the
Department of National Revenue, sworn
before a commissioner or other person
authorized to take affidavits, setting out that
the officer has charge of the appropriate
records and that a document annexed to the
affidavit is a document or true copy of a
document, or a print-out of an electronic
document, made by or on behalf of the
Minister or a person exercising a power of the
Minister or by or on behalf of a taxpayer, is
evidence of the nature and contents of the
document.
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(2) Subsections 244(13) to (15) of the Act
are replaced by the following:
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Proof of
documents
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(13) Every document purporting to have
been executed under, or in the course of the
administration or enforcement of, this Act
over the name in writing of the Minister, the
Deputy Minister of National Revenue or an
officer authorized to exercise a power or
perform a duty of the Minister under this Act
is deemed to have been signed, made and
issued by the Minister, the Deputy Minister or
the officer unless it has been called in question
by the Minister or by a person acting for the
Minister or Her Majesty.
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Mailing date
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(14) For the purposes of this Act, where any
notice or notification described in subsection
149.1(6.3), 152(3.1), 165(3) or 166.1(5) or
any notice of assessment or determination is
mailed, it shall be presumed to be mailed on
the date of that notice or notification.
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Date when
assessment
made
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(15) Where any notice of assessment or
determination has been sent by the Minister as
required by this Act, the assessment or
determination is deemed to have been made
on the day of mailing of the notice of the
assessment or determination.
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238. (1) The Act is amended by adding the
following after section 246:
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PART XVI.1 |
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TRANSFER PRICING |
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Definitions
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247. (1) The definitions in this subsection
apply in this section.
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``arm's length
allocation'' « attribution de pleine concur- rence »
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``arm's length allocation'' means, in respect of
a transaction, an allocation of profit or loss
that would have occurred between the
participants in the transaction if they had
been dealing at arm's length with each
other.
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``arm's length
transfer
price'' « prix de transfert de pleine concur- rence »
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``arm's length transfer price'' means, in
respect of a transaction, an amount that
would have been a transfer price in respect
of the transaction if the participants in the
transaction had been dealing at arm's length
with each other.
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``documentati
on- due date'' « date limite de production »
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``documentation-due date'' for a taxation year
or fiscal period of a person or partnership
means
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``qualifying
cost
contribution
arrange- ment'' « arrange- ment admissible de participation au coût »
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``qualifying cost contribution arrangement''
means an arrangement under which
reasonable efforts are made by the
participants in the arrangement to establish
a basis for contributing to, and to contribute
on that basis to, the cost of producing,
developing or acquiring any property, or
acquiring or performing any services, in
proportion to the benefits which each
participant is reasonably expected to derive
from the property or services, as the case
may be, as a result of the arrangement.
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``tax benefit'' « avantage fiscal »
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``tax benefit'' means a reduction, avoidance or
deferral of tax or other amount payable
under this Act or an increase in a refund of
tax or other amount under this Act.
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``transac- tion'' « opéra- tion »
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``transaction'' includes an arrangement or
event.
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``transfer
price'' « prix de transfert »
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``transfer price'' means, in respect of a
transaction, an amount paid or payable or an
amount received or receivable, as the case
may be, by a participant in the transaction
as a price, a rental, a royalty, a premium or
other payment for, or for the use, production
or reproduction of, property or as
consideration for services (including
services provided as an employee and the
insurance or reinsurance of risks) as part of
the transaction.
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``transfer
pricing capital
adjustment'' « redresse- ment de capital »
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``transfer pricing capital adjustment'' of a
taxpayer for a taxation year means the total
of
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``transfer
pricing capital
setoff
adjustment'' « redresse- ment compensa- toire de capital »
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``transfer pricing capital setoff adjustment'' of
a taxpayer for a taxation year means the
amount, if any, that would be the taxpayer's
transfer pricing capital adjustment for the
year if the references, in the definition
``transfer pricing capital adjustment'', to
``reduced'' were read as ``increased''.
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``transfer
pricing
income
adjustment'' « redresse- ment de revenu »
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``transfer pricing income adjustment'' of a
taxpayer for a taxation year means the total
of all amounts each of which is the amount,
if any, by which an adjustment made under
subsection (2) (other than an adjustment
included in determining a transfer pricing
capital adjustment of the taxpayer for a
taxation year) would result in an increase in
the taxpayer's income for the year or a
decrease in a loss of the taxpayer for the
year from a source if that adjustment were
the only adjustment made under subsection
(2).
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``transfer
pricing
income setoff
adjustment'' « redresse- ment compensa- toire de revenu »
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``transfer pricing income setoff adjustment''
of a taxpayer for a taxation year means the
total of all amounts each of which is the
amount, if any, by which an adjustment
made under subsection (2) (other than an
adjustment included in determining a
transfer pricing capital setoff adjustment of
the taxpayer for a taxation year) would
result in a decrease in the taxpayer's income
for the year or an increase in a loss of the
taxpayer for the year from a source if that
adjustment were the only adjustment made
under subsection (2).
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Transfer
pricing
adjustment
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(2) Where a taxpayer or a partnership and a
non-resident person with whom the taxpayer
or the partnership, or a member of the
partnership, does not deal at arm's length (or
a partnership of which the non-resident person
is a member) are participants in a transaction
or a series of transactions and
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any amounts that, but for this section and
section 245, would be determined for the
purposes of this Act in respect of the taxpayer
or the partnership for a taxation year or fiscal
period shall be adjusted (in this section
referred to as an ``adjustment'') to the
quantum or nature of the amounts that would
have been determined if,
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