Bill C-458

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-458

An Act respecting a National Charities Week and to amend the Income Tax Act (charitable and other gifts)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the National Charities Week Act.

NATIONAL CHARITIES WEEK

2. Throughout Canada, the last seven days of February in each and every year are to be known as “National Charities Week”.

INCOME TAX ACT

3. (1) The definition “total charitable gifts” in subsection 118.1(1) of the Income Tax Act is replaced by the following:

“total charitable gifts”, of an individual for a taxation year, means the total of all amounts each of which is the fair market value of a gift (other than a gift the fair market value of which is included in the total Crown gifts, the total cultural gifts or the total ecological gifts of the individual for the year) made by the individual in the year and in the first 60 days of the following taxation year or in any of the five preceding taxation years (other than in a year for which a deduction under subsection 110(2) was claimed in computing the individual’s taxable income) to a qualified donee, to the extent that the amount was not included in determining an amount that was deducted under this section in computing the individual’s tax payable under this Part for a preceding taxation year;

(2) The portion of the definition “total Crown gifts” before paragraph (a) of that definition in subsection 118.1(1) of the Act is replaced by the following:

“total Crown gifts” of an individual for a taxation year means the total of all amounts each of which is the fair market value of a gift (other than a gift the fair market value of which is included in the total cultural gifts or the total ecological gifts of the individual for the year) made by the individual in the year and in the first 60 days of the following taxation year or in any of the five immediately preceding taxation years to Her Majesty in right of Canada or a province, to the extent that those amounts were

(3) Paragraph (b) of the definition “total cultural gifts” in subsection 118.1(1) of the Act is replaced by the following:

(b) that was made by the individual in the year and in the first 60 days of the following taxation year or in any of the five immediately preceding taxation years to an institution or a public authority in Canada that was, at the time the gift was made, designated under subsection 32(2) of the Cultural Property Export and Import Act either generally or for a specified purpose related to that object,

(4) The portion of the definition “total ecological gifts” before paragraph (a) of that definition in subsection 118.1(1) of the Act is replaced by the following:

“total ecological gifts” of an individual for a taxation year means the total of all amounts each of which is the fair market value of a gift (other than a gift the fair market value of which is included in the total cultural gifts of the individual for the year) of land, including a servitude for the use and benefit of a dominant land, a covenant or an easement, the fair market value of which is certified by the Minister of the Environment and that is certified by that Minister, or a person designated by that Minister, to be ecologically sensitive land, the conservation and protection of which is, in the opinion of that Minister, or that person, important to the preservation of Canada’s environmental heritage, which gift was made by the individual in the year and in the first 60 days of the following taxation year or in any of the five immediately preceding taxation years to