Budget Implementation Act, 2007 (S.C. 2007, c. 29)
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Assented to 2007-06-22
PART 3AMENDMENTS IN RESPECT OF THE GOODS AND SERVICES TAX/HARMONIZED SALES TAX
R.S., c. E-15Excise Tax Act
Marginal note:2001, c. 15, s. 23(1)
50. (1) The portion of the definition “practitioner” in section 1 of Part II of Schedule V to the Act before paragraph (b) is replaced by the following:
“practitioner”, in respect of a supply of optom- etric, chiropractic, physiotherapy, chiropodic, podiatric, osteopathic, audiological, speech-language pathology, occupational therapy, psychological, midwifery or dietetic services, means a person who
(a) practises the profession of optometry, chiropractic, physiotherapy, chiropody, podiatry, osteopathy, audiology, speech-language pathology, occupational therapy, psychology, midwifery or dietetics, as the case may be,
(2) Subsection (1) applies to supplies made after December 28, 2006.
51. (1) Section 7 of Part II of Schedule V to the Act is amended by striking out the word “and” at the end of paragraph (i), by adding the word “and” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) midwifery services.
(2) Subsection (1) applies to supplies made after December 28, 2006.
52. (1) Part V of Schedule VI to the Act is amended by adding the following after section 10:
10.1 A supply of intangible personal property made to a non-resident person who is not registered under Subdivision d of Division V of Part IX of the Act at the time the supply is made, but not including
(a) a supply made to an individual unless the individual is outside Canada at that time;
(b) a supply of intangible personal property that relates to
(i) real property situated in Canada,
(ii) tangible personal property ordinarily situated in Canada, or
(iii) a service the supply of which is made in Canada and is not a zero-rated supply described by any section of this Part or Part VII or IX;
(c) a supply that is the making available of a telecommunications facility that is intangible personal property for use in providing a service described in paragraph (a) of the definition “telecommunication service” in subsection 123(1) of the Act;
(d) a supply of intangible personal property that may only be used in Canada; or
(e) a prescribed supply.
(2) Subsection (1) is deemed to have come into force on December 17, 1990 except that section 10.1 of Part V of Schedule VI to the Act, as enacted by subsection (1), does not apply to any supply in respect of which the supplier, before March 20, 2007, charged or collected any amount as or on account of tax under Part IX of the Act.
(3) For the purposes of applying section 10.1 of Part V of Schedule VI to the Act, as enacted by subsection (1), the definitions “telecommunication service” and “telecommunications facility” in subsection 123(1) of the Act are deemed to have come into force on December 17, 1990.
(4) If an amount was taken into account in assessing the net tax of a person under section 296 of the Act for a reporting period of the person as tax that became collectible by the person in respect of a supply made by the person before March 20, 2007 and, by reason of the application of section 10.1 of Part V of Schedule VI to the Act, as enacted by subsection (1), no tax was collectible by the person in respect of the supply,
(a) the person shall be entitled until the day that is two years after the day on which this Act receives royal assent to request in writing that the Minister of National Revenue make an assessment, reassessment or additional assessment for the purpose of taking into account that no tax was collectible by the person in respect of the supply; and
(b) on receipt of a request under paragraph (a), the Minister shall with all due dispatch
(i) consider the request, and
(ii) under section 296 of the Act and despite section 298 of the Act, assess, reassess or make an additional assessment of the net tax of the person for any reporting period of the person and of any interest, penalty or other obligation of the person, but only to the extent that the assessment, reassessment or additional assessment may reasonably be regarded as relating to the supply.
Coordinating Amendments
Marginal note:Bill C-40
53. If Bill C-40, introduced in the 1st session of the 39th Parliament and entitled the Sales Tax Amendments Act, 2006 (the “other Act”), receives royal assent and the day of that assent is later than or the same day as the day on which this Act receives royal assent, then
(a) subsections 34(1) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(1) of this Act comes into force;
(b) subsections 34(2) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(2) of this Act comes into force;
(c) subsections 34(3) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(8) of this Act comes into force;
(d) subsections 34(3) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(9) of this Act comes into force; and
(e) subsections 52(1) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 50(1) of this Act comes into force.
PART 4OTHER MEASURES RELATING TO TAXATION
1997, c. 36Customs Tariff
54. (1) The Description of Goods of tariff item No. 9804.10.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference to “two hundred dollars” with a reference to “four hundred dollars”.
(2) Subsection (1) is deemed to have come into force on March 20, 2007.
R.S., c. F-8; 1995, c. 17, s. 45(1)Federal-Provincial Fiscal Arrangements Act
55. Section 34 of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:
Marginal note:Payments in respect of provincial tax or fee imposed by participating province
34. Where, in respect of any transaction, matter or thing, a provincial tax or fee is imposed or levied under a law of a participating province and the provincial tax or fee would be payable by a corporation included in Schedule I if that law were applicable to the corporation, the corporation shall, in respect of any such transaction, matter or thing, pay the provincial tax or fee so imposed or levied as and when it would be required to do so if that law were applicable to it.
56. Schedule I to the Act is amended by adding the following at the end of that Schedule:
Any corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration Act, of a corporation listed in this Schedule.
Toute personne morale qui est la filiale à cent pour cent, au sens du paragraphe 83(1) de la Loi sur la gestion des finances publiques, d’une personne morale figurant à la présente annexe.
Marginal note:Coming into force
57. Sections 55 and 56 are deemed to have come into force on July 1, 2000.
Payments to Ontario
Marginal note:Payment of $250,000,000
58. For the fiscal year beginning on April 1, 2007, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $250,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.
Marginal note:Payment of $150,000,000
59. For the fiscal year beginning on April 1, 2008, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $150,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.
PART 5TAX-BACK GUARANTEE ACT
Marginal note:Enactment of Act
60. The Tax-back Guarantee Act is enacted as follows:
An Act to dedicate to personal tax relief imputed interest savings resulting from reductions of federal debt
Marginal note:Short title
1. This Act may be cited as the Tax-back Guarantee Act.
Marginal note:Direction to provide personal tax relief
2. The Government of Canada shall apply any imputed interest savings resulting from reductions of federal debt to measures that provide tax relief for individuals.
Meaning of “federal debt”
3. In this Act, “federal debt” means the accumulated deficit as stated in the Public Accounts prepared in accordance with sections 63 and 64 of the Financial Administration Act in respect of a fiscal year.
Marginal note:Imputed interest savings
4. The imputed interest savings in respect of a fiscal year of the Government of Canada is the amount determined by the Minister of Finance to be the product of multiplying the total amount by which federal debt was reduced in the year by the effective interest rate for the year.
Marginal note:Effective interest rate
5. The effective interest rate for a fiscal year is the ratio of the amount of public debt charges related to unmatured debt (as stated in the Public Accounts for the year) to the average amount of unmatured debt for the year (determined by dividing by two the sum of the amount of unmatured debt at the beginning of the year and the amount of unmatured debt at the end of the year, as those amounts are stated in the Public Accounts for the year).
Marginal note:Public announcement
6. At least once every fiscal year, the Minister of Finance shall report, by way of a statement tabled in the House of Commons or other public announcement,
(a) the finalized determination of the imputed interest savings in respect of the previous fiscal year; and
(b) an accounting of the measures to which those savings have been applied in accord-ance with section 2.
PART 6R.S., c. F-8; 1995, c. 17, s. 45(1)FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT
Amendments to Act
Marginal note:2002, c. 7, s. 170
61. Subsection 2(2) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:
Definition of “province”
(2) In Parts I, I.1 and II, “province” does not include Yukon, the Northwest Territories or Nunavut.
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