-
149.1 (1) In this section and section 149.2,
- excess corporate holdings percentage
-
excess corporate holdings percentage of a private foundation, in respect of a class of shares of the capital stock of a corporation, at any time means
-
(a) if the private foundation is not, at that time, a registered charity, 0%,
-
(b) if the private foundation holds, at that time, an insignificant interest in respect of the class, 0%, and
- exempt shares
-
exempt shares held by a private foundation at any particular time means shares, of a class of the capital stock of a corporation,
-
[...]
-
(b) that were last acquired by the private foundation before March 19, 2007, other than shares that, at the particular time,
-
[...]
-
(iii) are shares of the capital stock of a particular corporation, which particular corporation has an equity percentage greater than 0% in a public corporation, a class of the shares of the capital stock of which is listed on a designated stock exchange, if
-
[...]
-
(B) the private foundation, if it held directly the shares described in subclause (A)(I), would have an excess corporate holdings percentage (determined without reference to subsection 149.2(8)) in respect of that class of shares that is greater than 0%, and
- ineligible individual
-
ineligible individual , at any time, means an individual who has been
-
(a) convicted of a relevant criminal offence unless it is a conviction for which
-
[...]
-
(c) a director, trustee, officer or like official of a registered charity or a registered Canadian amateur athletic association during a period in which the charity or association engaged in conduct that can reasonably be considered to have constituted a serious breach of the requirements for registration under this Act and for which the registration of the charity or association was revoked in the five-year period preceding that time,
-
(d) an individual who controlled or managed, directly or indirectly, in any manner whatever, a registered charity or a registered Canadian amateur athletic association during a period in which the charity or association engaged in conduct that can reasonably be considered to have constituted a serious breach of the requirements for registration under this Act and for which its registration was revoked in the five-year period preceding that time,
- listed terrorist entity
-
listed terrorist entity , at any time, means a person, partnership, group, fund, unincorporated association or organization that is at that time a listed entity, as defined in subsection 83.01(1) of the Criminal Code; (entité terroriste inscrite)
- promoter
-
promoter has the meaning assigned by section 237.1; (promoteur)
- substituted shares
-
substituted shares held by a private foundation means shares acquired by the private foundation, in exchange for exempt shares held by the private foundation, in the course of a transaction to which section 51, subsection 85.1(1) or section 86 or 87 applies; (actions de remplacement)
-
Marginal note:Deeming rule — Safe Streets and Communities Act
(1.01) In this section, a reference to a record suspension is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act.
-
Marginal note:Deeming rule — listed terrorist entity
(1.02) If, but for this subsection, a person, partnership, group, fund, unincorporated association or organization becomes a listed terrorist entity at a particular time and ceases to be a listed terrorist entity at a later time further to an application made under subsection 83.05(2) of the Criminal Code or as a result of paragraph 83.05(6)(d) of that Act, then the entity is deemed not to have become a listed terrorist entity and to not have been a listed terrorist entity throughout that period.
-
[...]
-
Marginal note:Revocation of registration of charitable organization
(2) The Minister may, in the manner described in section 168, revoke the registration of a charitable organization for any reason described in subsection 168(1) or where the organization
[...]
-
Marginal note:Revocation of registration of public foundation
(3) The Minister may, in the manner described in section 168, revoke the registration of a public foundation for any reason described in subsection 168(1) or where the foundation
[...]
-
Marginal note:Revocation of registration of private foundation
(4) The Minister may, in the manner described in section 168, revoke the registration of a private foundation for any reason described in subsection 168(1) or where the foundation
[...]
-
Marginal note:Revocation of registration of registered charity
(4.1) The Minister may, in the manner described in section 168, revoke the registration
-
[...]
-
(f) of a registered charity, if it accepts a gift from a foreign state, as defined in section 2 of the State Immunity Act, that is set out on the list referred to in subsection 6.1(2) of that Act.
-
Marginal note:Revocation of registration of Canadian amateur athletic association
(4.2) The Minister may, in the manner described in section 168, revoke the registration of a registered Canadian amateur athletic association
-
Marginal note:Revocation of a qualified donee
(4.3) The Minister may, in the manner described in section 168, revoke the registration of a qualified donee referred to in paragraph (a) or (b.1) of the definition qualified donee in subsection (1) for any reason described in subsection 168(1).
-
[...]
-
(6.4) Where an organization that
[...]
applies in prescribed form to the Minister of National Revenue for registration, that Minister may register the organization for the purposes of this Act and, where the organization so applies or is so registered, this section, paragraph 38(a.1), sections 110.1, 118.1, 168, 172, 180 and 230, subsection 241(3.2) and Part V apply, with such modifications as the circumstances require, to the organization as if it were an applicant for registration as a charitable organization or as if it were a registered charity that is designated as a charitable organization, as the case may be.
-
(6.5) The Minister of Communications may, at any time, revoke the designation of an organization made for the purpose of subsection 149.1(6.4) where
[...]
and, where the designation is so revoked, the organization shall be deemed for the purpose of section 168 to have ceased to comply with the requirements of this Act for its registration under this Act.
-
[...]
-
Marginal note:Partnership look-through rule
(11) For the purposes of this section and sections 149.2 and 188.1, each member of a partnership at any time is deemed at that time to own the portion of each property of the partnership equal to the proportion that the fair market value of the member’s interest in the partnership at that time is of the fair market value of all interests in the partnership at that time.
-
Marginal note:Rules
(12) For the purposes of this section,
-
[...]
-
Marginal note:Information may be communicated
(15) Notwithstanding section 241,
[...]
-
[...]
-
(25) The Minister may refuse to register a charity or Canadian amateur athletic association that has applied for registration as a registered charity or registered Canadian amateur athletic association if
