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  1. Income Tax Regulations - C.R.C., c. 945 (Section 8901.1)
    Income Tax Regulations
    •  (1) For the purposes of paragraph (f) of the definition eligible entity in subsection 125.7(1) of the Act, the following entities are prescribed:

      • (a) a corporation that meets the following conditions:

        • [...]

        • (ii) not less than 90% of the shares, or the capital, of the corporation are owned by one or more Aboriginal governments (as defined in subsection 241(10) of the Act) — or similar Indigenous governing bodies — described in paragraph 149(1)(c) of the Act, and

      • (b) a corporation that meets the following conditions:

        • [...]

        • (ii) all of the shares (except directors’ qualifying shares), or the capital, of the corporation are owned by one or more of

          • (A) an Aboriginal government (as defined in subsection 241(10) of the Act) — or a similar Indigenous governing body — described in paragraph 149(1)(c) of the Act, or

      • (c) a partnership, each member of which is

        • [...]

        • (ii) an Aboriginal government (as defined in subsection 241(10) of the Act) — or a similar Indigenous governing body — described in paragraph 149(1)(c) of the Act;

    • (2) For the purposes of subsection 125.7(1) of the Act, qualifying tourism or hospitality entity, for a qualifying period, means an eligible entity that meets the following conditions:

      • [...]

      • (b) the total of all amounts, each of which is the eligible entity’s qualifying revenue for the prior reference period for any of the first qualifying period to the thirteenth qualifying period (but including only one of the tenth qualifying period or the eleventh qualifying period), was earned primarily from carrying on one or more of the following activities:

        • (i) operating or managing a facility providing short-term lodging, such as a hotel, a motel, a cottage, a bed and breakfast or a youth hostel,

        • (ii) preparing and serving meals, snacks and beverages made to order for immediate consumption on or off the premises,

          • (A) such as a restaurant, a food truck, a cafeteria, a caterer, a coffee shop, a food concession, a bar, a pub or a nightclub, and

          • (B) for greater certainty, not including the operation of a facility primarily engaged in retailing food or beverage products, such as a supermarket or a convenience store,

        • (iii) operating a travel agency or as a tour operator, including:

          • (A) acting as an agent for tour operators, transportation companies and short-term lodging establishments in selling travel, tour and accommodation services, or

        • [...]

        • (v) preserving and exhibiting objects, sites and natural wonders of historical, cultural or educational value, such as the operation of a museum, a historic and heritage site, a zoo, a botanical garden or a nature park,

        • (vi) organizing, promoting or supporting scenic and sightseeing tours, such as sightseeing or dinner cruises, steam train excursions, horse-drawn sightseeing rides, air-boat rides, hot-air balloon rides or charter fishing services,

        • [...]

        • (viii) operating or managing an amusement or theme park, which includes

          • (A) operating a variety of attractions, such as mechanical rides, water rides, games, shows or theme exhibits, and

        • (ix) operating or managing a facility or providing a service that enables patrons to participate in recreational activities,

          • (A) including

            • [...]

            • (II) downhill and cross-country ski/snowboard areas, and equipment such as ski lifts and tows (including revenues from equipment rental services and ski/snowboard instruction services provided at the area),

            • (III) the operation of docking and storage facilities for pleasure-craft owners, with or without related activities, such as retailing fuel and marine supplies, boat repair and maintenance and rental services,

            • [...]

            • (V) other amusement activities, such as amateur sports clubs, teams or leagues, archery or shooting, ballroom dancing, river rafting, curling clubs, mini golf and bowling, and

        • [...]

        • (xi) operating or managing an overnight recreational camp, such as a children’s camp, a family vacation camp or an outdoor adventure retreat,

        • [...]

        • (xiv) operating or managing a facility that is primarily engaged in exhibiting motion pictures, such as a cinema or a drive-in theatre,

        • (xv) operating or managing an amusement arcade, such as a family fun centre, an indoor play area, a pinball arcade or a video game arcade,

    [...]


  2. Income Tax Regulations - C.R.C., c. 945 (SCHEDULE II : Capital Cost Allowances)
    Income Tax Regulations

    [...]

    [...]

    Property not included in any other class that is

    • [...]

    • (h) railway track and grading, including components such as rails, ballast, ties and other track material,

      [...]

    • [...]

    • (k) electrical generating equipment (except as specified elsewhere in this Schedule);

    • [...]

    • (q) a building or other structure, or a part of it, including any component parts such as electric wiring, plumbing, sprinkler systems, air-conditioning equipment, heating equipment, lighting fixtures, elevators and escalators (except property described in any of paragraphs (k) and (m) to (p) of this Class or in any of paragraphs (a) to (e) of Class 8).

    [...]

    Property that is

    • (a) electrical generating equipment (except as specified elsewhere in this Schedule),

    [...]

    Property not included in any other class that is

    • (a) a building or other structure, or part thereof, including component parts such as electric wiring, plumbing, sprinkler systems, air-conditioning equipment, heating equipment, lighting fixtures, elevators and escalators, acquired by the taxpayer

      [...]

    • [...]

    • (l) ancillary to a wire or cable referred to in paragraph (j) or Class 42 and that is supporting equipment such as a pole, mast, tower, conduit, brace, crossarm, guy or insulator.

    [...]

    Property not included in any other class that is

    • (a) a building of

      [...]

      construction, including component parts such as electric wiring, plumbing, sprinkler systems, air-conditioning equipment, heating equipment, lighting fixtures, elevators and escalators, if the building

      [...]

    [...]

    Property not included in Class 1, 2, 7, 9, 11, 17 or 30 that is

    • [...]

    • (f) electrical generating equipment acquired after May 25, 1976, if

      • [...]

      • (iii) the equipment is not used regularly as a source of supply;

    [...]

    Property acquired before May 26, 1976, other than property included in Class 30, that is

    • (a) electrical generating equipment, if

      • [...]

      • (iii) the equipment is not used regularly as a source of supply,

    [...]

    Property not included in any other class that is

    • [...]

    • (b) a portable tool acquired after May 25, 1976 for the purpose of earning rental income for short terms, such as hourly, daily, weekly or monthly, except a property described in Class 12,

    • [...]

    • (f) general-purpose electronic data processing equipment and systems software for that equipment, including ancillary data processing equipment, acquired after May 25, 1976 and before March 23, 2004 (or after March 22, 2004 and before 2005 if an election in respect of the property is made under subsection 1101(5q)), but not including property that is principally or is used principally as

      [...]

    [...]

    • [...]

    • (m) property acquired after March 31, 1977, principally for the purpose of gaining or producing income from a mine, if such property is

      • (i) railway track and grading including components such as rails, ballast, ties and other track material,

      [...]

    [...]

    Property that would otherwise be included in Class 10 that is a passenger vehicle, the cost of which to the taxpayer exceeds $20,000 or such other amount as may be prescribed for the purposes of subsection 13(2) of the Act.

    [...]

    Property of a taxpayer that, in respect of a business of the taxpayer,

    • [...]

    • (c) is acquired after 2016, other than

      • [...]

      • (iii) property in respect of which any amount is deductible (otherwise than as a result of being included in this class) in computing the taxpayer’s income from the business,

    [...]

    Property acquired before May 26, 1976 that is

    [...]

    • (e) a motor vehicle that

      • (i) would be an automobile as that term is defined in subsection 248(1) of the Act, if that definition were read without reference to paragraph (d) thereof,

    [...]

    • (g) a truck or tractor designed for hauling freight, and that is primarily so used by the taxpayer or a person with whom the taxpayer does not deal at arm’s length in a business that includes hauling freight, and that has a “gross vehicle weight rating” (as that term is defined in subsection 2(1) of the Motor Vehicle Safety Regulations) in excess of 11,788 kg.

    [...]

    Property acquired by the taxpayer after June 13, 1963 and before January 1, 1967 that would otherwise be included in Class 8 if,

    • [...]

    • (b) the property was acquired for use in Canada in a business carried on by the taxpayer that,

      [...]

      • (iii) its net sales, as they would be determined under paragraphs 71A(2)(d) and (f) of the former Act (within the meaning assigned by paragraph 8(b) of the Income Tax Application Rules), from the sale of goods processed or manufactured in Canada by the business,

      was not less than 2/3 of the amount by which the gross revenue from the business for the period exceeded the aggregate of each amount paid or credited in the period to a customer of the business as a bonus, rebate or discount or for returned or damaged goods, and was not a business that was principally

      [...]

    [...]

    Property that would otherwise be included in Class 3 or 6

    • (a) that was acquired after December 5, 1963 and before April 1, 1967 that is

      [...]

      and that has been certified by the Minister of Industry, upon application by the taxpayer in such form as may be prescribed by the Minister of Industry,

      • (iv) to be situated in an area that was a designated area, as determined for the purposes of section 71A of the former Act (within the meaning assigned by paragraph 8(b) of the Income Tax Application Rules),

        [...]

    • (b) the capital cost of which was included in the approved capital costs as defined in the Area Development Incentives Act upon which approved capital cost the Minister of Industry has based the amount of a development grant authorized under that Act.

    [...]

    Property that would otherwise be included in Class 8 or 19

    • [...]

    • (b) the capital cost of which was included in the approved capital costs as defined in the Area Development Incentives Act upon which approved capital cost the Minister of Industry has based the amount of a development grant authorized under that Act.

    [...]

    Property acquired after April 26, 1965 and before 1971

    • (a) that would otherwise be included in Class 2, 3, 6 or 8 and that

      [...]

      • (iii) were being discarded as waste by the taxpayer, or

      • (iv) were commonly being discarded as waste by other taxpayers who carried on operations of a type similar to the operations carried on by the taxpayer,

    [...]

    • (b) that would otherwise be included in another class in this Schedule

      • [...]

      • (iv) that has, upon application by the taxpayer to the Minister of the Environment, been accepted by that Minister as property the primary use of which is to be the preventing, reducing or eliminating of pollution of a kind referred to in subparagraph (iii),

    [...]

    • (c) where a corporation (in this paragraph referred to as the “predecessor corporation”) has, as a result of an amalgamation within the meaning assigned by subsection 87(1) of the Act, merged at any time after 1973 with one or more other corporations to form one corporate entity (in this paragraph referred to as the “new corporation”), the new corporation shall be deemed to be the same corporation as, and a continuation of, the predecessor corporation;

    • (d) where a corporation (in this paragraph referred to as the “subsidiary”) has been wound up at any time after 1973 in circumstances to which subsection 88(1) of the Act applies, the parent (within the meaning assigned by that subsection) shall be deemed to be the same corporation as, and a continuation of, the subsidiary; and

    [...]

    Property that would otherwise be included in another class in this Schedule that is property acquired by the taxpayer

    • [...]

    • (b) after October 22, 1968 and before 1974, where the acquisition of the property may reasonably be regarded as having been in fulfilment of an obligation undertaken in an agreement made in writing before October 23, 1968 and ratified, confirmed or adopted by the legislature of a province by a statute that came into force before that date,

    [...]

    Property that is

    • [...]

    • (b) deuterium enriched water (commonly known as “heavy water”) acquired after May 22, 1979.

    [...]

    Property acquired before 1999 that would otherwise be included in another Class in this Schedule

    • [...]

    • (c) that was acquired by the taxpayer after March 12, 1970 primarily for the purpose of preventing, reducing or eliminating air pollution by

      [...]

      that is discharged or that, if the property had not been acquired and used, would be discharged into the atmosphere as a result of

      [...]

    • (d) that has, upon application by the taxpayer to the Minister of the Environment, been accepted by that Minister as property the primary use of which is to be the preventing, reducing or eliminating of air pollution in a manner referred to in paragraph (c),

    [...]

    • (e) where a corporation (in this paragraph referred to as the “predecessor corporation”) has, as a result of an amalgamation within the meaning assigned by subsection 87(1) of the Act, merged at any time after 1973 with one or more other corporations to form one corporate entity (in this paragraph referred to as the “new corporation”), the new corporation shall be deemed to be the same corporation as, and a continuation of, the predecessor corporation;

    • (f) where a corporation (in this paragraph referred to as the “subsidiary”) has been wound up at any time after 1973 in circumstances to which subsection 88(1) of the Act applies, the parent (within the meaning assigned by that subsection) shall be deemed to be the same corporation as, and a continuation of, the subsidiary; and

    [...]

    Property situated in Canada that would otherwise be included in another class in this Schedule that

    [...]

    • [...]

    • (c) was acquired by the taxpayer

      • [...]

      • (ii) before the coming into production of the mine or the completion of the expansion of the mine referred to in subparagraph (b)(i) or (ii), as the case may be, and

    or that would be described in paragraphs (b) to (e) if in those paragraphs each reference to a “mine” were read as a reference to a “mine that is a location in a bituminous sands deposit, oil sands deposit or oil shale deposit from which material is extracted”, and each reference to “after November 7, 1969” were read as “before November 8, 1969”.

    [...]

    Property (other than property included in Class 41 solely because of paragraph (c) or (d) of that Class or property included in Class 47 because of paragraph (b) of that Class) that would otherwise be included in another class in this Schedule

    • [...]

    • (b) that is

      • [...]

      • (vi) property that would be described in paragraph (f) of Class 10 if the portion of that paragraph before subparagraph (i) read as follows:

        • “(f) general-purpose electronic data processing equipment and systems software for that equipment, including ancillary data processing equipment, acquired after March 18, 2007 and before January 28, 2009, but not including property that is principally or is used principally as”; and

    [...]

    Property that is a multiple-unit residential building in Canada that would otherwise be included in Class 3 or Class 6 and in respect of which

    • (a) a certificate has been issued by Canada Mortgage and Housing Corporation certifying

      • (i) in respect of a building that would otherwise be included in Class 3, that the installation of footings or any other base support of the building was commenced

        [...]

        as the case may be, and

      [...]

    [...]

    Property that is a multiple-unit residential building in Canada that would otherwise be included in Class 6 if the reference to “1979” in subparagraph (a)(viii) of that Class were read as a reference to “1980”, and in respect of which

    [...]

    Property that would otherwise be included in Class 1, 2 or 8

    • [...]

    • (d) that is property in respect of which a certificate has been issued

      • (i) before December 11, 1979 by the Minister of Industry, Trade and Commerce certifying that the property is part of a plan designed to

        • [...]

        • (B) produce electrical energy by the utilization of fuel that is petroleum, natural gas or related hydrocarbons, coal, coal gas, coke, lignite or peat (in this clause referred to as “fossil fuel”), wood wastes or municipal wastes, or any combination thereof, if the consumption of fossil fuel (expressed as the high heat value of the fossil fuel), if any, chargeable to electrical energy on an annual basis in respect of the property is no greater than 7,000 British Thermal Units per kilowatt-hour of electrical energy produced, or

      • (ii) after December 10, 1979, by the Minister of Energy, Mines and Resources certifying that the property is part of a plan designed to

        • [...]

        • (B) produce electrical energy by the utilization of fuel that is petroleum, natural gas or related hydrocarbons, coal, coal gas, coke, lignite or peat (in this clause referred to as “fossil fuel”), wood wastes or municipal wastes, or any combination thereof, if the consumption of fossil fuel (expressed as the high heat value of the fossil fuel), if any, chargeable to electrical energy on an annual basis in respect of the property is no greater than 7,000 British Thermal Units per kilowatt-hour of electrical energy produced, or

    [...]

    • (e) that is

      • [...]

      • (iii) heat recovery equipment that is designed to conserve energy or reduce the requirement to acquire energy by extracting and reusing heat from thermal waste including condensers, heat exchange equipment, steam compressors used to upgrade low pressure steam, waste heat boilers and ancilliary equipment such as control panels, fans, instruments or pumps,

    [...]

    Property (other than property included in Class 41.1 or 41.2)

    • (a) not included in Class 28 that would otherwise be included in that Class if that Class were read without reference to paragraph (a) of that Class, and if subparagraphs (e)(i) to (iii) of that Class were read as follows:

      [...]

    • (a.1) that is the portion, expressed as a percentage determined by reference to capital cost, of property that

      [...]

      where that percentage is determined by the formula

      100 × (([A - (B × 365 / C)]) / A)

      where

      A 
      is the total of all amounts each of which is the capital cost of a property of the taxpayer that became available for use for the purpose of subsection 13(26) of the Act in the year and that is described in subparagraphs (i) to (iv) in respect of the mine or mines, as the case may be,
      B 
      is 5% of the taxpayer’s gross revenue from the mine or mines, as the case may be, for the year, and

    [...]

    Property, other than reconditioned or remanufactured equipment, that would otherwise be included in Class 1, 2, 8 or 48 or in Class 17 because of paragraph (a.1) of that Class

    • (a) that is

      [...]

      other than buildings or other structures, heat rejection equipment (such as condensers and cooling water systems), transmission equipment, distribution equipment, fuel handling equipment that is not used to upgrade the combustible portion of the fuel and fuel storage facilities,

    • (b) that

      • [...]

      • (iii) has not been used for any purpose before it was acquired by the taxpayer unless

        • (A) the property was depreciable property that

          • [...]

          • (II) would have been included in Class 34, 43.1 or 43.2 of the person from whom it was acquired had the person made a valid election to include the property in Class 43.1 or 43.2, as the case may be, under paragraph 1102(8)(d) or 1102(9)(d), and

        • (B) the property was acquired by the taxpayer not more than five years after the time it is considered to have become available for use, for the purpose of subsection 13(26) of the Act, by the person from whom it was acquired and remains at the same site in Canada as that at which that person used the property, and

    • (c) that is

      • (i) part of a system (other than an enhanced combined cycle system) that

        • [...]

        • (B) has a heat rate attributable to fossil fuel (other than solution gas) not exceeding 6,000 BTU per kilowatt-hour of electrical energy generated by the system, which heat rate is calculated as the fossil fuel (expressed as the high heat value of the fossil fuel) used by the system that is chargeable to gross electrical energy output on an annual basis,

      • (ii) part of an enhanced combined cycle system that

        • [...]

        • (B) has an incremental heat rate not exceeding 6,700 Btu per kilowatt-hour of electricity generated by the system, which heat rate is calculated as the natural gas (expressed as its high heat value) used by the system that is chargeable to gross electrical energy output on an annual basis, and

    [...]

    • (d) that is

      • (i) property that meets the following conditions :

        • (A) it is used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of heating an actively circulated liquid or gas and is

          • [...]

          • (II) equipment that is part of a ground source heat pump system that transfers heat to or from the ground or groundwater (but not to or from surface water such as a river, a lake or an ocean) and that, at the time of installation, meets the standards set by the Canadian Standards Association for the design and installation of earth energy systems, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), energy conversion equipment, thermal energy storage equipment, control equipment and equipment designed to enable the system to interface with other heating or cooling equipment, or

      • [...]

      • (iv) heat recovery equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of conserving energy, reducing the requirement to acquire energy or extracting heat for sale, by extracting for reuse thermal waste that is generated directly in an industrial process (other than an industrial process that generates or processes electrical energy), including such equipment that consists of heat exchange equipment, compressors used to upgrade low pressure steam, vapour or gas, waste heat boilers and other ancillary equipment such as control panels, fans, instruments or pumps, but not including property that is employed in re-using the recovered heat (such as property that is part of the internal heating or cooling system of a building or electrical generating equipment) or is a building,

      • [...]

      • (ix) equipment used by the taxpayer, or by a lessee of the taxpayer, for the sole purpose of generating heat energy, primarily from the consumption of eligible waste fuel, producer gas or a combination of those fuels and not using any fuel other than eligible waste fuel, fossil fuel or producer gas, including such equipment that consists of fuel handling equipment used to upgrade the combustible portion of the fuel and control, feedwater and condensate systems, and other ancillary equipment, but not including equipment used for the purpose of producing heat energy to operate electrical generating equipment, buildings or other structures, heat rejection equipment (such as condensers and cooling water systems), fuel storage facilities, other fuel handling equipment and property otherwise included in Class 10 or 17,

      • [...]

      • (xvi) equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of generating producer gas (other than producer gas that is to be converted into liquid fuels or chemicals), including related piping (including fans and compressors), air separation equipment, storage equipment, equipment used for drying or shredding feedstock, ash-handling equipment, equipment used to upgrade the producer gas into biomethane and equipment used to remove non-combustibles and contaminants from the producer gas, but not including, buildings or other structures, heat rejection equipment (such as condensers and cooling water systems), equipment used to convert producer gas into liquid fuels or chemicals, and property otherwise included in Class 10 or 17,

      • (xvii) equipment used by the taxpayer, or by a lessee of the taxpayer, for the purpose of charging electric vehicles, including charging stations, transformers, distribution and control panels, circuit breakers, conduits and related wiring, if

        • (A) the equipment is situated

          • [...]

          • (II) on the generator side of an electricity meter used to measure electricity generated by the taxpayer or the lessee, as the case may be,

      • (xviii) fixed location energy storage property that

        • [...]

        • (B) either

          • (I) if the electrical energy to be stored is used in connection with property of the taxpayer or a lessee of the taxpayer, as the case may be, is described in paragraph (c) or would be described in this paragraph if it were read without reference to this subparagraph, or

    • (e) that

      • [...]

      • (iii) has not been used for any purpose before it was acquired by the taxpayer unless

        • (A) the property was depreciable property that

          • [...]

          • (II) would have been included in Class 34, 43.1 or 43.2 of the person from whom it was acquired had the person made a valid election to include the property in Class 43.1 or 43.2, as the case may be, under paragraph 1102(8)(d) or 1102(9)(d), and

        • (B) the property was acquired by the taxpayer not more than five years after the time it is considered to have become available for use, for the purpose of subsection 13(26) of the Act, by the person from whom it was acquired and remains at the same site in Canada as that at which that person used the property.

    [...]

    Property that is acquired after February 22, 2005 and before 2025 (other than property that was included, before it was acquired, in another class in this Schedule by any taxpayer) and that is property that would otherwise be included in Class 43.1

    • (a) otherwise than because of paragraph (d) of that Class, if the expression “6,000 BTU” in clause (c)(i)(B) of that Class were read as “4,750 BTU”; or

    • (b) because of paragraph (d) of that Class, if

      • (i) the expression “6,000 BTU” in clause (c)(i)(B) of that Class were read as “4,750 BTU”,

      • (ii) subclauses (d)(xvii)(C)(I) and (II) of that Class were read as follows:

        [...]

      [...]

    [...]

    Property acquired after March 22, 2004 and before March 19, 2007 (other than property acquired before 2005 in respect of which an election is made under subsection 1101(5q)) that is general-purpose electronic data processing equipment and systems software for that equipment, including ancillary data processing equipment, but not including property that is principally or is used principally as

    [...]

    Property acquired after March 18, 2007 that is general-purpose electronic data processing equipment and systems software for that equipment, including ancillary data processing equipment, but not including property that is included in Class 52 or that is principally or is used principally as

    [...]

    Property acquired by a taxpayer after January 27, 2009 and before February 2011 that

    • (a) is general-purpose electronic data processing equipment and systems software for that equipment, including ancillary data processing equipment, but not including property that is principally or is used principally as

      [...]

    [...]


  3. Income Tax Regulations - C.R.C., c. 945 (Section 8600)
    Income Tax Regulations

     For the purposes of this Part and Part I.3 of the Act,

    Canadian assets

    Canadian assets  of a corporation that is a financial institution (as defined in subsection 181(1) of the Act) at any time in a taxation year means, in respect of the year, the amount, if any, by which

    • (a) the total of all amounts each of which is the amount at which an asset of the corporation (which asset is required, or, if the corporation were a bank to which the Bank Act applied, would be required, to be reflected in a return under subsection 223(1) of the Bank Act, as that Act read on May 31, 1992, if that return were prepared on a non-consolidated basis) would be shown on the corporation’s balance sheet at the end of the year if its balance sheet were prepared on a non-consolidated basis

    [...]

    Canadian premiums

    Canadian premiums  for a taxation year, in respect of an insurance corporation that was resident in Canada at any time in the year and throughout the year did not carry on a life insurance business, means the total of the insurance corporation’s net premiums for the year

    [...]

    and, for the purposes of this definition, net premiums has the same meaning as in subsection 403(2), and subsection 403(3) applies as if the references therein to “province” were read as references to “country”; (primes canadiennes)

    Canadian reserve liabilities

    Canadian reserve liabilities  of an insurer as at the end of a taxation year has the meaning assigned by subsection 2400(1); ((passif de réserve canadienne))

    contractual service margin

    contractual service margin  for a group of insurance contracts of an insurer, or a group of reinsurance contracts held by the insurer, at the end of a taxation year, has the same meaning as in subsection 138(12) of the Act; (marge sur services contractuels)

    group of insurance contracts

    group of insurance contracts  of an insurer has the same meaning as in subsection 138(12) of the Act; (groupe de contrats d’assurance)

    group of reinsurance contracts

    group of reinsurance contracts  held by an insurer has the same meaning as in subsection 138(12) of the Act; (groupe de contrats de réassurance)

    group of segregated fund policies

    group of segregated fund policies  of an insurer has the same meaning as in subsection 138(12) of the Act; (groupe de polices à fonds réservé)

    permanent establishment

    permanent establishment  has the same meaning as in subsection 400(2); (établissement stable)

    policyholders’ liabilities

    policyholders’ liabilities  of an insurer at the end of a taxation year has the same meaning as in subsection 138(12) of the Act; (obligation envers les titulaires de polices)

    reinsurance contract held amount

    reinsurance contract held amount  for a group of reinsurance contracts held by an insurer at the end of a taxation year has the same meaning as in subsection 138(12) of the Act; (montant au titre des contrats de réassurance détenus)

    total assets

    total assets  of a corporation that is a financial institution (as defined in subsection 181(1) of the Act) at any time in a taxation year means, in respect of that year, the amount, if any, by which

    [...]

    total premiums

    total premiums  for a taxation year, in respect of an insurance corporation that was resident in Canada at any time in the year and throughout the year did not carry on a life insurance business, means the total of the corporation’s net premiums for the year (as defined in subsection 403(2)) that are included in computing its income under Part I of the Act; (total des primes)

    total reserve liabilities

    total reserve liabilities  of an insurer as at the end of a taxation year means the amount determined by the formula

    A − A.1 + A.2 + A.3 − (0.9 × B) − (C − (0.9 × D))

    where

    A 
    is the total of the insurer’s liabilities and reserves including liabilities for segregated fund guarantees (other than policyholders’ liabilities or a liability for an obligation to pay a benefit under a segregated fund policy in respect of which subparagraphs 1406(b)(i) and (ii) apply) as at the end of the year in respect of insurance policies, as determined for the purposes of the Superintendent of Financial Institutions, if the insurer is required by law to report to the Superintendent of Financial Institutions, or, in any other case, the superintendent of insurance or other similar officer or authority of the province under the laws of which the insurer is incorporated;
    A.1 
    is the total of all amounts each of which is the amount of an item reported by the insurer as an insurance contract asset as at the end of the year;
    A.2 
    is the total of all amounts each of which is an amount of funds withheld as at the end of the year by the insurer in respect of the reinsurance of a risk under an insurance policy;
    A.3 
    is the total of all amounts each which is an amount recoverable as at the end of the year by the insurer under a funds withheld arrangement in respect of the reinsurance of a risk by the insurer under an insurance policy;

    [...]


  4. Income Tax Regulations - C.R.C., c. 945 (Section 8517)
    Income Tax Regulations
    •  (1) Subject to subsections (2) to (3.1), for the purpose of applying paragraph 147.3(4)(c) of the Act to the transfer of an amount on behalf of an individual in full or partial satisfaction of the individual’s entitlement to benefits under a defined benefit provision of a registered pension plan, the prescribed amount is the amount that is determined by the formula

      A × B

      where

      A 
      is the amount of the individual’s lifetime retirement benefits under the provision commuted in connection with the transfer, as determined under subsection (4), and

    [...]

    • (3) Subsection (3.01) applies in respect of a transfer of an amount on behalf of an individual in full or partial satisfaction of the individual’s entitlement to benefits under a defined benefit provision of a registered pension plan if

      • [...]

      • (c) after the commencement of the proceedings, lifetime retirement benefits paid or payable to the individual under the provision have been reduced because the assets of the plan are insufficient to pay the benefits provided under the provision of the plan as registered;

    • (3.001) Subsection (3.01) applies in respect of a transfer of an amount on behalf of an individual in full or partial satisfaction of the individual’s entitlement to benefits under a defined benefit provision of a registered pension plan if

      • [...]

      • (b) lifetime retirement benefits paid or payable to the individual under the provision have been reduced because the assets of the plan are insufficient to pay the benefits provided under the provision of the plan as registered;

    • (3.01) If this subsection applies, the description of A in subsection (1) is to be read as follows in respect of the transfer:

      A 
      is the amount of the individual’s lifetime retirement benefits under the provision commuted in connection with the transfer, as determined under subsection (4), but without reference to the benefit reduction referred to in paragraph (3)(c) or (3.001)(b), as the case may be; and
    • (3.02) If a particular amount is transferred in full or partial satisfaction of an individual’s entitlement to benefits under a defined benefit provision of a registered pension plan and subsection (3.01) had applied in respect of a transfer (in this subsection referred to as the “initial transfer”) of an amount on behalf of the individual under the provision, for the purpose of paragraph 147.3(4)(c) of the Act the prescribed amount in respect of the transfer of the particular amount is the lesser of

      [...]

    [...]

    • (3.1) Where an amount is transferred in full or partial satisfaction of an individual’s entitlement to benefits under a defined benefit provision of a registered pension plan and the benefits include benefits (in this subsection referred to as “ancillary benefits”) that are permissible solely because of subsection 8501(7), the prescribed amount for the purpose of paragraph 147.3(4)(c) of the Act in respect of the transfer is the total of

      • [...]

      • (b) an amount approved by the Minister not exceeding the lesser of

        • (i) the present value (at the time of the transfer) of the ancillary benefits that, as a consequence of the transfer, cease to be provided, and

    [...]

    • (4) For the purposes of subsection (1), and subject to subsection (7), the amount of an individual’s lifetime retirement benefits under a defined benefit provision of a registered pension plan commuted in connection with the transfer of an amount on behalf of the individual in full or partial satisfaction of the individual’s entitlement to benefits under the provision is the aggregate of

      • (a) where retirement benefits have commenced to be paid under the provision to the individual, the amount (expressed on an annualized basis) by which the individual’s lifetime retirement benefits under the provision are reduced as a result of the transfer,

      • (b) where retirement benefits have not commenced to be paid under the provision to the individual, the amount (expressed on an annualized basis) by which the individual’s normalized pension (computed in accordance with subsection (5)) under the provision at the time of the transfer is reduced as a result of the transfer, and

      • (c) where, in conjunction with the transfer, any other payment (other than an amount that is transferred in accordance with subsection 147.3(5) of the Act or that is transferred after 1991 in accordance with subsection 147.3(3) of the Act) is made from the plan in partial satisfaction of the individual’s entitlement to benefits under the provision, the amount (expressed on an annualized basis) by which

        [...]

        as a result of the payment, except to the extent that such reduction is included in determining, for the purposes of subsection (1), the amount of the individual’s lifetime retirement benefits under the provision commuted in connection with the transfer of another amount on behalf of the individual.

    [...]

    • (5) For the purposes of subsection (4), the normalized pension of an individual under a defined benefit provision of a registered pension plan at a particular time is the amount (expressed on an annualized basis) of lifetime retirement benefits that would be payable under the provision at the particular time if

      • [...]

      • (g) except as otherwise provided by subsection (6), where the amount of the individual’s lifetime retirement benefits depends on

        [...]

        the form of benefits and the circumstances were such as to maximize the amount of the individual’s lifetime retirement benefits on commencement of payment.

    [...]

    • (6) Where

      [...]

      paragraph (5)(g) applies as if

      [...]

    [...]

    • (7) Where

      • (a) an amount is transferred on behalf of an individual in full or partial satisfaction of the individual’s entitlement to benefits under a defined benefit provision (in this subsection referred to as the “particular provision”) of a registered pension plan,

      [...]

    [...]


  5. Income Tax Regulations - C.R.C., c. 945 (Section 8515)
    Income Tax Regulations
    •  (1) For the purposes of subsections (5) and (9), and subject to subsection (3), a registered pension plan that contains a defined benefit provision is a designated plan throughout a calendar year if the plan is not maintained pursuant to a collective bargaining agreement and

      • (a) the aggregate of all amounts each of which is a pension credit (as determined under Part LXXXIII) for the year of a specified individual under a defined benefit provision of the plan

      [...]

      • (b) 50 per cent of the aggregate of all amounts each of which is a pension credit (as determined under Part LXXXIII) for the year of an individual under a defined benefit provision of the plan.

    [...]

    • (3) A registered pension plan is not a designated plan in a calendar year pursuant to subsection (1) if

      • (a) the plan would not be a designated plan in the year pursuant to that subsection if the reference in paragraph (1)(b) to “50 per cent” were read as a reference to “60 per cent”;

    • (3.1) If a designated plan has more than nine active members, the Minister may waive the application of any provision of this Part or Part LXXXIII that would otherwise apply to the designated plan because of its status as a designated plan.

    [...]

    • (5) For the purpose of determining whether a contribution that is made by an employer to a registered pension plan at a time when the plan is a designated plan is an eligible contribution under subsection 147.2(2) of the Act, a prescribed condition is that

      • [...]

      • (b) the contribution would satisfy the condition in subsection (6) if

        • [...]

        • (iii) the assumption as to the time retirement benefits (other than retirement benefits that became provided after 1990) will commence to be paid is the same for the purposes of the maximum funding valuation as for the purposes of the actuarial valuation that forms the basis for the recommendation referred to in subsection 147.2(2) of the Act pursuant to which the contribution is made.

    [...]

    • (6) The condition referred to in subsection (5) is that the contribution would be required to be made for the plan to have sufficient assets to pay benefits under the defined benefit provisions of the plan, as registered, with respect to the employees and former employees of the employer if

      • (a) required contributions were determined on the basis of a maximum funding valuation prepared as of the same effective date as the actuarial valuation that forms the basis for the recommendation referred to in subsection 147.2(2) of the Act pursuant to which the contribution is made;

      • [...]

      • (c) each defined benefit provision of the plan provided the following benefits after the death of a restricted-funding member who dies after retirement benefits under the provision have commenced to be paid to the member, in lieu of the benefits actually provided:

        • (i) where the member dies within 5 years after retirement benefits commence to be paid under the provision, the continuation of the retirement benefits for the remainder of the 5 years as if the member were alive, and

    [...]

    • (7) For the purposes of subsection (6), a maximum funding valuation is a valuation prepared by an actuary in accordance with the following rules:

      • [...]

      • (e) in the case of a restricted-funding member, it is assumed that

        • [...]

        • (iii) where the member is employed by a participating employer as of the effective date of the valuation, the member will continue in employment until the time the member’s retirement benefits commence to be paid, and

        • (iv) when the member’s retirement benefits commence to be paid, the member will be married to a person who is the same age as the member;

      • (f) the rate of mortality at each age is equal to

        • (i) in the case of a restricted-funding member, 80 per cent of the average of the rates at that age for males and females in the 1983 Group Annuity Mortality Table, as published in Volume XXXV of the Transactions of the Society of Actuaries, and

        • (ii) in the case of any other member, 80 per cent of the rate at that age in the mortality table referred to in subparagraph (i) for individuals of the same sex as the member;

      • [...]

      • (h) the plan’s assets are valued at an amount equal to their fair market value as of the effective date of the valuation.

    [...]

    • (8) For the purposes of subsections (6) and (7) as they apply in respect of a contribution made to a registered pension plan, a member of the plan is a restricted-funding member if, at the time the maximum funding valuation is prepared,

      [...]

    [...]



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