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Marginal note:Prescribing prices

• 40 (1) Where an agreement is entered into with a producer-province under section 39, the Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in that province are to be sold on or for delivery in any areas or zones in Canada and outside that province or at any points of export from Canada.

• Marginal note:Prescribing prices

  (2) Notwithstanding subsection (1), the Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in Yukon, the Northwest Territories or Nunavut are to be sold on or for delivery in any areas or zones in Canada and outside any of those territories or at any points of export from Canada.

• Marginal note:Idem

  (3) The Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in an offshore area are to be sold on or for delivery in any areas or zones in Canada and outside that offshore area or at any points of export from the offshore area and in that case the provisions of this Part, except those that refer to an agreement with the government of a producer-province, that apply in respect of gas produced, extracted, recovered or manufactured in a province apply, with such modifications as the circumstances require, in respect of gas produced, extracted, recovered or manufactured in the offshore area as if the offshore area were a province of production.

• (4) For the purpose of establishing prices pursuant to subsection (1) or section 42, the Governor in Council shall have regard to such matters as he deems requisite from time to time to achieve the purpose of this Part including

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  • (b) the kinds of gas produced, extracted, recovered or manufactured in Canada;

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Marginal note:Definitions

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• (5) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person and is not a selected qualifying employer of the pension plan at that time, if the person acquires at that time a specified resource for the purpose of making a supply of all or part of the specified resource to a pension entity of the pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan and if the specified resource is not an excluded resource of the person in respect of the pension plan, the following rules apply:

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  • (d) for the purpose of determining an input tax credit of the pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01, the pension entity is deemed

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    • (ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula

      A − B

      where

      B 

      is the total of all amounts, each of which is a part of the amount determined for A

      • [...]

      • (B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and

• (5.1) If a person that is a registrant acquires at any time in a particular fiscal year of the person a specified resource for the purpose of making a supply of all or part of the specified resource to a master pension entity for consumption, use or supply by the master pension entity in the course of pension activities in respect of any pension plan that is in the master pension group in respect of the person and the master pension entity at that time, if the person is not at that time a selected qualifying employer of any pension plan in the master pension group and if it is not the case that the specified resource is an excluded resource of the person in respect of any pension plan in the master pension group, the following rules apply:

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  • (d) for each pension plan in the master pension group, the specified pension entity of the pension plan is deemed for the purpose of determining an input tax credit of the specified pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01,

    • [...]

    • (ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula

      A − B

      where

      B 

      is the total of all amounts, each of which is a part of the amount determined for A

      • [...]

      • (B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and

• (6) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person and is not a selected qualifying employer of the pension plan at that time, if the person consumes or uses at that time an employer resource of the person for the purpose of making a supply of property or a service (in this subsection referred to as the “pension supply”) to a pension entity of the pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan and if the employer resource is not an excluded resource of the person in respect of the pension plan, the following rules apply:

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  • (d) for the purpose of determining an input tax credit of the pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01, the pension entity is deemed

    • [...]

    • (ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula

      A − B

      where

      B 

      is the total of all amounts, each of which is a part of the amount determined for A

      • [...]

      • (B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and

• (6.1) If a person that is a registrant consumes or uses at any time in a particular fiscal year of the person an employer resource of the person for the purpose of making a supply of property or a service (in this subsection referred to as the “pension supply”) to a master pension entity for consumption, use or supply by the master pension entity in the course of pension activities in respect of any pension plan that is in the master pension group in respect of the person and the master pension entity at that time, if the person is not at that time a selected qualifying employer of any pension plan in the master pension group and if it is not the case that the employer resource is an excluded resource of the person in respect of any pension plan in the master pension group, the following rules apply:

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  • (d) for each pension plan in the master pension group, the specified pension entity of the pension plan is deemed for the purpose of determining an input tax credit of the specified pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01,

    • [...]

    • (ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula

      A − B

      where

      B 

      is the total of all amounts, each of which is a part of the amount determined for A

      • [...]

      • (B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and

• (7) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person and is not a qualifying employer of the pension plan at that time, if the person consumes or uses at that time an employer resource of the person in the course of pension activities in respect of the pension plan, if the employer resource is not an excluded resource of the person in respect of the pension plan and if none of subsections (6), (6.1) and (7.1) applies to that consumption or use, the following rules apply:

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  • (d) for the purposes of determining, under section 261.01, an eligible amount of the specified pension entity of the pension plan in respect of the person for the particular fiscal year, the specified pension entity is deemed to have paid tax on the last day of the particular fiscal year equal to the amount determined by the formula

    A − B

    where

    B 

    is the total of all amounts, each of which is a part of the amount determined for A

    • [...]

    • (ii) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament.

• (7.1) If a person that is a registrant consumes or uses at any time in a particular fiscal year of the person an employer resource of the person in the course of pension activities in respect of one or more pension plans that are in the master pension group in respect of the person and a master pension entity at that time, if the person is not at that time a qualifying employer of any pension plan in the master pension group, if it is not the case that the employer resource is an excluded resource of the person in respect of any pension plan in the master pension group, if the pension activities relate exclusively to the establishment, management or administration of the master pension entity or the management or administration of assets held by the master pension entity and if neither of subsections (6) and (6.1) applies to that consumption or use, the following rules apply:

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  • (d) for each pension plan in the master pension group, the specified pension entity of the pension plan is deemed — for the purposes of determining, under section 261.01, an eligible amount of the specified pension entity of the pension plan in respect of the person for the particular fiscal year — to have paid tax on the last day of the particular fiscal year equal to the amount determined by the formula

    A − B

    where

    B 

    is the total of all amounts, each of which is a part of the amount determined for A

    • [...]

    • (ii) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament.

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Definition of overpayment

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• (1.01) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

  • (a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession;

  • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

  • (c) may be recovered in any court of competent jurisdiction.

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• (2) If a person has received or obtained an overpayment and the Minister is satisfied that

  • (a) the overpayment cannot be recovered within the reasonably foreseeable future,

  • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

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Marginal note:Definition of overpayment

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• (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

  • (a) may be recovered by deduction from any future payments made under the regulations made under section 5 to that person or to that person’s estate or succession;

  • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

  • (c) may be recovered in any court of competent jurisdiction.

• (3) If a person has received or obtained an overpayment and the Minister is satisfied that

  • (a) the overpayment cannot be recovered within the reasonably foreseeable future,

  • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

  [...]

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Definition of overpayment

• [...]

• (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

  • (a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession;

  • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

  • (c) may be recovered in any court of competent jurisdiction.

• (3) If a person has received or obtained an overpayment and the Minister is satisfied that

  • (a) the overpayment cannot be recovered within the reasonably foreseeable future,

  • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

  [...]

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