• 28. (1) Subparagraphs 7(2)(a)(i) and (ii) of the Act are replaced by the following:

  • (i) an individual who is at least 18 years of age on December 31 of the year preceding the particular year and whose family income for the particular year is less than or equal to the phase-out income for the particular year,

  • (ii) a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is less than or equal to the phase-out income for the particular year, or

• (2) Subparagraphs 7(2)(b)(i) and (ii) of the Act are replaced by the following:

  • (i) an individual who is at least 18 years of age on December 31 of the year preceding the particular year and whose family income for the particular year is more than the phase-out income for the particular year but less than the first threshold for the particular year, or

  • (ii) a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is more than the phase-out income for the particular year but less than the first threshold for the particular year.

• (3) The descriptions of B and C in subsection 7(4) of the Act are replaced by the following:

  B 

  is the phase-out income for the particular year; and

  C 

  is the first threshold for the particular year.

• (4) Subsection 7(8) of the Act is repealed.

• (5) Subsections (1) to (4) apply to the 2009 and subsequent years.

SOR/2008-186Canada Disability Savings Regulations

• 29. (1) Subparagraph 4(d)(i) of the Canada Disability Savings Regulations is replaced by the following:

  • (i) all contributions, payments and transfers to, and all payments and transfers from, an RDSP,

• (2) Subsection (1) applies to the 2009 and subsequent years.

2004, c. 26Canada Education Savings Act

• 30. (1) Subsection 2(1) of the Canada Education Savings Act is amended by adding the following in alphabetical order:

  “first threshold”

  « premier seuil »

  “first threshold” for a particular year means the dollar amount referred to in paragraph 117(2)(a) of the Income Tax Act, as adjusted under that Act for the particular year;

  “second threshold”

  « deuxième seuil »

  “second threshold” for a particular year means the higher dollar amount referred to in paragraph 117(2)(b) of the Income Tax Act, as adjusted under that Act for the particular year.

• (2) Paragraph 2(2)(b) of the Act is replaced by the following:

  • (b) the expressions “beneficiary”, “contribution”, “designated provincial program”, “promoter”, “registered education savings plan”, “subscriber” and “trust” have the meanings assigned by section 146.1 of the Income Tax Act; and

• (3) Subsection (1) applies to 2009 and subsequent years.

• (4) Subsection (2) applies to the 2007 and subsequent years.

• 31. (1) Clause 5(4)(a)(i)(A) of the Act is replaced by the following:

  • (A) is a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is the first threshold for the particular year or less, or

• (2) Subparagraph 5(4)(a)(ii) of the Act is replaced by the following:

  • (ii) 10% of the contribution, if the beneficiary is a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is more than the first threshold for the particular year but not more than the second threshold for the particular year, and

• (3) Subsection 5(8) of the Act is repealed.

• (4) Subsections (1) to (3) apply to 2009 and subsequent years.

SOR/2005-151Canada Education Savings Regulations

• 32. (1) The description of G in paragraph 10(1)(b) of the Canada Education Savings Regulations is replaced by the following:

  G 

  is the total of all amounts paid into the RESP under a designated provincial program.

• (2) The description of G in paragraph 10(2)(b) of the Regulations is replaced by the following:

  G 

  is the total of all amounts paid into the RESP under a designated provincial program, and

• (3) Subsections (1) and (2) apply to the 2007 and subsequent years.

• 33. (1) Subsection 16(2) of the Regulations is replaced by the following:

  • (2) If less than all of the property, other than the property in a CLB account, held in connection with an RESP is transferred to another RESP, the assisted contributions, unassisted contributions, CES grants, any amount paid under a designated provincial program and accumulated income are considered to be transferred in the same proportion as the value of the property transferred is to the total value of the property, other than the value of the property in a CLB account, in the RESP at the time of the transfer.

• (2) Subsection (1) applies to the 2007 and subsequent years.

C.R.C., c. 385Canada Pension Plan Regulations

• 34. (1) Subparagraph 36(2)(b)(ii) of the Canada Pension Plan Regulations is replaced by the following:

  • (ii) if the amount is payable to a corporation, zero per cent, and in any other case, 2 per cent.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010.

SOR/97-33Insurable Earnings and Collection of Premiums Regulations

• 35. (1) Subparagraph 18(2)(b)(ii) of the Insurable Earnings and Collection of Premiums Regulations is replaced by the following:

  • (ii) if the amount is payable to a corporation, zero per cent, and in any other case, 2 per cent.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010.

SOR/2002-63Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence”

• 36. (1) Paragraph 1(a) of the Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence” is repealed.

• (2) Paragraphs 1(d) and (e) of the Regulations are repealed.

• (3) Paragraph 1(j) of the Regulations is repealed.

PART 2AMENDMENTS IN RESPECT OF EXCISE DUTIES AND SALES AND EXCISE TAXES

R.S., c. E-14Excise Act

Marginal note:1996, c. 21, s. 62(1)

• 37. (1) Paragraph 110.1(1)(b) of the Excise Act is replaced by the following:

  • (b) interest at such rates per annum prescribed under the Income Tax Act for amounts payable by the Minister under that Act as refunds of overpayments of tax to a person that is not a corporation, as are in effect from time to time, in respect of each day between the expiration of that time and the day on which the total duty, penalty and interest outstanding is paid, calculated on the total duty, penalty and interest outstanding on that day.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2010.

Amendments in Respect of the Excise Act, 2001

2002, c. 22Excise Act, 2001

• 38. (1) The definition “stamped” in section 2 of the Excise Act, 2001 is replaced by the following:

  “stamped”

  « estampillé »

  “stamped”, in respect of a tobacco product, means that an excise stamp, and all prescribed information in a prescribed format, are stamped, impressed, printed or marked on, indented into or affixed to the product or its container in the prescribed manner to indicate that duty, other than special duty, has been paid on the product.

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  “excise stamp”

  « timbre d’accise »

  “excise stamp” means a stamp that is issued by the Minister under subsection 25.1(1) and that has not been cancelled under section 25.5.

Marginal note:2008, c. 28, s. 51(1)

• 39. (1) Subsection 5(1) of the Act is replaced by the following:

  Marginal note:Constructive possession

  • 5. (1) For the purposes of section 25.2, subsections 25.3(1), 30(1), 32(1) and 32.1(1), section 61, subsections 70(1) and 88(1), sections 230 and 231 and subsection 238.1(1), if one of two or more persons, with the knowledge and consent of the rest of them, has anything in the person’s possession, it is deemed to be in the custody and possession of each and all of them.

• Marginal note:2008, c. 28, s. 51(2)

  (2) The portion of subsection 5(2) of the Act before paragraph (a) is replaced by the following:

  • Meaning of “possession”

    (2) In this section and in section 25.2, subsections 25.3(1), 30(1), 32(1) and 32.1(1), section 61 and subsections 70(1), 88(1) and 238.1(1), “possession” means not only having in one’s own personal possession but also knowingly