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Bill C-49

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            (I) in the case of a corporation that is not associated with another corporation in the current year, its taxable income for its preceding taxation year (determined before taking into consideration the specified future tax consequences for that preceding taxation year) does not exceed its business limit for that preceding taxation year, or

            (II) in the case of a corporation that is associated with one or more other corporations in the current year, the total of the taxable incomes of the corporation and of those other corporations for their last taxation years that ended in the last calendar year that ended before the end of the current year (determined before taking into consideration the specified future tax consequences for those last taxation years) does not exceed the total of the business limits of the corporation and of those other corporations for those last taxation years, and

        (ii) the day that is two months after the day on which the taxation year ends, in any other case;

(2) Subsection (1) applies to taxation years that end after 2001.

PART 5

CANADA FUND FOR AFRICA

Canada Fund for Africa Act

45. The Canada Fund for Africa Act is enacted as follows:

An Act to establish a program to provide contributions for the economic and social development of Africa in fulfilment of the objectives set out in the New Partnership for Africa's Development

Short title

1. This Act may be cited as the Canada Fund for Africa Act.

Definition of ``Minister''

2. In this Act, ``Minister'' means the member of the Queen's Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act.

Establishment of program

3. (1) There is hereby established a program, to be called the Canada Fund for Africa, the object of which is to provide for the payment of contributions to eligible recipients for the carrying out of eligible activities.

Eligible activities

(2) An eligible activity is an activity that is, or is to be, conducted by an eligible recipient and that, in the opinion of the Minister, significantly promotes the fulfilment of the objectives set out in the New Partnership for Africa's Development, adopted as the New Africa Initiative by the Organization of African Unity at Lusaka in July 2001 and, in particular, those objectives that were identified for support in the Africa Action Plan called for by the Group of Eight industrialized countries in Genoa in July 2001 and that are adopted by the Group of Eight at its summit scheduled at Kananaskis in June 2002.

Eligible recipients

(3) A foreign government, an agency of a foreign government, an international organization, a corporation, a partnership or a trust is an eligible recipient if it carries on or, in the opinion of the Minister, is capable of carrying on an eligible activity.

Contribution agreements

4. The Minister may enter into an agreement with an eligible recipient to provide for the payment of a contribution for an eligible activity under this Act.

Regulations

5. The Governor in Council may make regulations generally for the carrying out of the purposes and provisions of this Act, including regulations establishing additional terms and conditions for the Fund.

Coming into Force

Coming into force

46. The provisions enacted by section 45 come into force on a day or days to be fixed by order of the Governor in Council.

PART 6

CANADA STRATEGIC INFRASTRUCTURE FUND

47. The Canada Strategic Infrastructure Fund Act is enacted as follows:

An Act to establish a program to provide contributions for the carrying out of strategic infrastructure projects

Short title

1. This Act may be cited as the Canada Strategic Infrastructure Fund Act.

Definitions

2. The definitions in this section apply in this Act.

``eligible project''
« travaux admissibles »

``eligible project'' means a large-scale project for the construction, renewal or material enhancement of strategic infrastructure that is carried out, or to be carried out, by an eligible recipient.

``Minister''
« ministre »

``Minister'' means the member of the Queen's Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act.

``strategic infrastructure' '
« infrastructur e stratégique »

``strategic infrastructure'' means any of the following fixed capital assets that are used or operated for the benefit of the public:

      (a) highway or rail infrastructure;

      (b) local transportation infrastructure;

      (c) tourism or urban development infrastructure;

      (d) sewage treatment infrastructure;

      (e) water infrastructure; or

      (f) infrastructure prescribed by regulation.

Establishment of program

3. (1) There is hereby established a program, to be called the Canada Strategic Infrastructure Fund, the object of which is to provide for the payment of contributions to eligible recipients for the carrying out of large-scale strategic infrastructure projects that contribute to economic growth or quality of life in Canada and that advance Canada's objectives with respect to infrastructure.

Public-private partnerships

(2) The Fund shall, where appropriate, promote the use of partnerships between public and private sector bodies.

Eligible recipients

(3) The following are eligible recipients:

    (a) a province or a municipal or regional government established by or under provincial legislation;

    (b) a public sector body that is established by or under provincial legislation or by regulation or is wholly owned by a province or a private sector body that is in partnership with a province or a government referred to in paragraph (a), if the body

      (i) carries out or, in the opinion of the Minister, is capable of carrying out an eligible project in Canada, and

      (ii) has legal capacity, or is composed of organizations each of which has legal capacity; and

    (c) a private sector body that

      (i) carries out or, in the opinion of the Minister, is capable of carrying out an eligible project in Canada, and

      (ii) has legal capacity, or is composed of organizations each of which has legal capacity.

Contribution agreements

4. The Minister may enter into an agreement with an eligible recipient to provide for the payment of a contribution for an eligible project under this Act.

Regulations

5. The Governor in Council may make regulations generally for the carrying out of the purposes and provisions of this Act, including regulations

    (a) prescribing other fixed capital assets for the purpose of paragraph (f) of the definition ``strategic infrastructure'' in section 2;

    (b) defining what constitutes a large-scale project; and

    (c) establishing additional terms and conditions for the Fund.