Income Tax Regulations (C.R.C., c. 945)

Regulations are current to 2017-11-20 and last amended on 2017-07-01. Previous Versions

Qualified Transportation Equipment

 For the purposes of the definition qualified transportation equipment in subsection 127(9) of the Act, the following depreciable property of a taxpayer (other than qualified property as defined by subsection 127(9) of the Act) is prescribed equipment:

  • (a) property that is

    • (i) included in Class 1 in Schedule II by virtue of paragraph (h) or (i) of that Class,

    • (ii) a bridge, culvert, subway or tunnel included in Class 1 in Schedule II that is ancillary to railway track and grading,

    • (iii) a trestle included in Class 3 in Schedule II that is ancillary to railway track and grading,

    • (iv) machinery or equipment included in Class 8 in Schedule II that is ancillary to

      • (A) railway track and grading, or

      • (B) railway traffic control or signalling equipment, including switching, block signalling, interlocking, crossing protection, detection, speed control or retarding equipment, but not including property that is principally electronic equipment or systems software therefor,

    • (v) included in Class 10 in Schedule II by virtue of subparagraph (m)(i), (ii) or (iii) of that Class, or

    • (vi) property described in paragraph (m) of Class 10 in Schedule II (other than property described in subparagraph (iv) thereof) that is included in Class 28 or 41 in Schedule II;

  • (b) property that is

    • (i) included in Class 6 in Schedule II by virtue of paragraph (j) of that Class,

    • (ii) machinery or equipment included in Class 8 in Schedule II that

      • (A) was acquired principally for the purpose of maintaining or servicing, or

      • (B) is ancillary to and used as part of,

      a railway locomotive or railway car, or

    • (iii) included in Class 35 in Schedule II;

  • (c) property that is

    • (i) a truck, tractor or trailer that

      • (A) is included in Class 10 in Schedule II because of paragraph (e) of that Class or in Class 16 in Schedule II because of paragraph (g) of that Class,

      • (B) is designed for the purpose of carrying freight, or hauling a trailer that carries freight, on highways, and

      • (C) [Repealed, SOR/85-696, s. 12]

      • (D) in the case of a truck or tractor, has a “gross vehicle weight rating” (within the meaning assigned that expression by the Motor Vehicle Safety Regulations) of 26,001 pounds or more, and in the case of a trailer, is of a type designed to be hauled under normal operating conditions by a truck or tractor described in this subparagraph,

      but for greater certainty,

      • (E) was not acquired principally for the purpose of carrying or hauling freight locally or making local pickups or deliveries, or

    • (ii) machinery or equipment included in Class 8 or 10 in Schedule II that is ancillary to and used as part of any property described in subparagraph (i) that is qualified transportation equipment within the meaning of subsection 127(9) of the Act;

  • (d) property included in Class 10 in Schedule II by virtue of paragraph (a) of that Class that is a bus designed for the purpose of seating 20 or more passengers and carrying their luggage, but not including

    • (i) a bus acquired principally for the purpose of transportation within any metropolitan area, city, town, village, municipality or other similar community or area, or

    • (ii) a school bus;

  • (e) property that is

    • (i) a vessel included in Class 7 in Schedule II (other than a vessel under construction),

    • (ii) machinery or equipment included in Class 7 or 8 in Schedule II that is ancillary to and used as part of any property described in subparagraph (i) that is qualified transportation equipment within the meaning of subsection 127(9) of the Act, or

    • (iii) a vessel included in a separate class prescribed by subsection 1101(2a);

  • (f) property that is

    • (i) included in Class 9 in Schedule II by virtue of paragraph (g) of that Class, or

    • (ii) machinery or equipment included in Class 9 in Schedule II by virtue of paragraph (h) or (i) of that Class that is ancillary to and used as part of any property described in subparagraph (i) that is qualified transportation equipment within the meaning of subsection 127(9) of the Act; and

  • (g) property included in Class 8 in Schedule II that is a reusable cargo container designed with external fittings for the purpose of handling, securing or stacking and having a carrying capacity of 500 cubic feet or more.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/80-131, s. 3;
  • SOR/85-696, s. 12;
  • SOR/88-165, s. 20;
  • SOR/90-22, s. 7;
  • SOR/92-681, s. 3(F);
  • SOR/95-244, s. 4;
  • SOR/2005-371, s. 6(F);
  • SOR/2010-93, s. 21(F).

Certified Property

  •  (1) For the purposes of the definition certified property in subsection 127(9) of the Act, each of the following areas is a prescribed area:

    • (a) that portion of the Province of Newfoundland comprising the census divisions 2 to 4 and 7 to 10;

    • (b) that portion of the Province of Prince Edward Island comprising the Kings census division;

    • (c) that portion of the Province of Nova Scotia comprising the census divisions of

    • (d) that portion of the Province of New Brunswick comprising the census divisions of

    • (e) that portion of the Province of Quebec comprising

      • (i) all of the area north of the 50th parallel of latitude, other than the area within the limits of the city of Sept-Iles,

      • (ii) the Magdalen Islands, and

      • (iii) the census divisions of

        • (A) Bonaventure,

        • (B) Gaspé-Est,

        • (C) Gaspé-Ouest,

        • (D) Matane,

        • (E) Matapédia,

        • (F) Rimouski, other than the area within the limits of the city of Rimouski,

        • (G) Rivière-du-Loup, and

        • (H) Témiscouata;

    • (f) that portion of the Province of Ontario that is north of the 50th parallel of latitude;

    • (g) that portion of the Province of Manitoba comprising the census divisions 19 and 21 to 23, other than the area within the limits of the city of Thompson;

    • (h) that portion of the Province of Saskatchewan comprising the census division of Northern Saskatchewan;

    • (i) that portion of the Province of Alberta comprising the census division of Peace River, other than the area within the limits of the city of Grande Prairie;

    • (j) that portion of the Province of British Columbia comprising the Peace River-Liard census division; and

    • (k) all of the Yukon Territory and the Northwest Territories.

  • (2) For the purposes of subsection (1), the expression “census divisions” has the same meaning as in the Dictionary of 1971 Census Terms, Statistics Canada Catalogue Number 12-540, and the Census Divisions and Subdivisions, Statistics Canada Catalogues Numbered 92-704, 92-705, 92-706 and 92-707.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/81-880, s. 1;
  • SOR/86-1092, s. 11(F);
  • SOR/88-165, s. 21.
 
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