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Jobs and Economic Growth Act (S.C. 2010, c. 12)

Full Document:  

Assented to 2010-07-12

PART 1AMENDMENTS TO THE INCOME TAX ACT AND RELATED ACTS AND REGULATIONS

R.S., c. 1 (5th Supp.)Income Tax Act

  •  (1) Section 118.2 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Cosmetic purposes

      (2.1) The medical expenses referred to in subsection (2) do not include amounts paid for medical or dental services, nor any related expenses, provided purely for cosmetic purposes, unless necessary for medical or reconstructive purposes.

  • (2) Subsection (1) applies to expenses incurred after March 4, 2010.

  •  (1) Paragraph (a) of the definition “flow-through mining expenditure” in subsection 127(9) of the Act is replaced by the following:

    • (a) that is a Canadian exploration expense incurred by a corporation after March 2010 and before 2012 (including, for greater certainty, an expense that is deemed by subsection 66(12.66) to be incurred before 2012) in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition “mineral resource” in subsection 248(1),

  • (2) Paragraphs (c) and (d) of the definition “flow-through mining expenditure” in subsection 127(9) of the Act are replaced by the following:

    • (c) an amount in respect of which is renounced in accordance with subsection 66(12.6) by the corporation to the taxpayer (or a partnership of which the taxpayer is a member) under an agreement described in that subsection and made after March 2010 and before April 2011, and

    • (d) that is not an expense that was renounced under subsection 66(12.6) to the corporation (or a partnership of which the corporation is a member), unless that renunciation was under an agreement described in that subsection and made after March 2010 and before April 2011;

  • (3) Subsections (1) and (2) apply to expenses renounced under a flow-through share agreement made after March 2010.

  •  (1) Section 128.1 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Deemed taxable Canadian property

      (6.1) For the purposes of paragraph (6)(a), a property is deemed to be taxable Canadian property of the individual throughout the period that began at the emigration time and that ends at the particular time if

      • (a) the emigration time is before March 5, 2010; and

      • (b) the property was taxable Canadian property of the individual on March 4, 2010.

  • (2) Subsection (1) applies in determining after March 4, 2010 whether a property is taxable Canadian property of a taxpayer.

  •  (1) The definition “contribution” in subsection 146.1(1) of the Act is replaced by the following:

    “contribution”

    « cotisation »

    “contribution” to an education savings plan does not include an amount paid into the plan under or because of

    • (a) the Canada Education Savings Act or a designated provincial program, or

    • (b) any other program that has a similar purpose to a designated provincial program and that is funded, directly or indirectly, by a province (other than an amount paid into the plan by a public primary caregiver in its capacity as subscriber under the plan);

  • (2) Paragraph (b) of the definition “designated provincial program” in subsection 146.1(1) of the Act is replaced by the following:

    • (b) a program established under the laws of a province to encourage the financing of children’s post-secondary education through savings in registered education savings plans.

  • (3) Subsection (1) applies to the 2009 and subsequent taxation years.

  • (4) Subsection (2) applies to the 2007 and subsequent taxation years.

  •  (1) The definition “contribution” in subsection 146.4(1) of the Act is replaced by the following:

    “contribution”

    « cotisation »

    “contribution” to a disability savings plan does not include (other than for the purpose of paragraph (b) of the definition “disability savings plan”)

    • (a) an amount paid into the plan under or because of the Canada Disability Savings Act or a designated provincial program;

    • (b) an amount paid into the plan under or because of any other program that has a similar purpose to a designated provincial program and that is funded, directly or indirectly, by a province (other than an amount paid into the plan by an entity described in subparagraph (a)(iii) of the definition “qualifying person” in its capacity as holder of the plan); or

    • (c) an amount transferred to the plan in accordance with subsection (8).

  • (2) Subsection 146.4(1) of the Act is amended by adding the following in alphabetical order:

    “designated provincial program”

    « programme provincial désigné »

    “designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans.

  • (3) Paragraph 146.4(4)(g) of the Act is replaced by the following:

    • (g) the plan prohibits a contribution from being made to the plan at any time if

      • (i) the beneficiary attained the age of 59 years before the calendar year that includes that time,

      • (ii) the beneficiary is not resident in Canada at that time, or

      • (iii) the total of the contribution and all other contributions made at or before that time to the plan or to any other registered disability savings plan of the beneficiary would exceed $200,000;

  • (4) Subparagraph 146.4(4)(i)(iii) of the Act is replaced by the following:

  • (5) The portion of paragraph 146.4(4)(n) of the Act before subparagraph (i) is replaced by the following:

    • (n) the plan provides that when the total of all amounts paid under the Canada Disability Savings Act before the beginning of a calendar year to any registered disability savings plan of the beneficiary exceeds the total of all contributions made before the beginning of the calendar year to any registered disability savings plan of the beneficiary,

  • (6) The portion of paragraph 146.4(4)(p) of the Act before subparagraph (i) is replaced by the following:

    • (p) the plan provides for any amounts remaining in the plan (after taking into consideration any repayments under the Canada Disability Savings Act or a designated provincial program) to be paid to the beneficiary or the beneficiary’s estate, as the case may be, and for the plan to be terminated, by the end of the calendar year following the earlier of

  • (7) Paragraph (a) of the description of B in subsection 146.4(7) of the Act is replaced by the following:

    • (a) the total of all amounts each of which is the amount of a contribution made before the particular time to any registered disability savings plan of the beneficiary

  • (8) Subsections (1) to (7) apply to the 2009 and subsequent taxation years.

  •  (1) Paragraph 147.2(2)(d) of the Act is replaced by the following:

    • (d) a recommendation with respect to the contributions required to be made by an employer in respect of the defined benefit provisions of a pension plan may be prepared without regard to such portion of the assets of the plan apportioned to the employer in respect of the employer’s employees and former employees as does not exceed the lesser of

      • (i) the amount of actuarial surplus in respect of the employer, and

      • (ii) 25% of the amount of actuarial liabilities apportioned to the employer in respect of the employer’s employees and former employees.

  • (2) Subsection (1) applies to contributions made after 2009 to fund benefits provided in respect of periods of pensionable service after 2009.

  •  (1) Subsection 164(1.5) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or’’ at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) to the extent that the overpayment relates to an assessment of another taxpayer under subsection 227(10) or (10.1) (in this paragraph referred to as the “other assessment”), if the taxpayer’s return of income under this Part for the taxation year is filed on or before the day that is two years after the date of the other assessment and if the other assessment relates to

      • (i) in the case of an amount assessed under subsection 227(10), a payment to the taxpayer of a fee, commission or other amount in respect of services rendered in Canada by a non-resident person or partnership, and

      • (ii) in the case of an amount assessed under subsection 227(10.1), an amount payable under subsection 116(5) or (5.3) in respect of a disposition of property by the taxpayer.

  • (2) Subsection (1) applies to overpayments in respect of which applications for refunds are made after March 4, 2010.

  •  (1) Paragraph (d) of the definition “advantage” in subsection 205(1) of the Act is replaced by the following:

  • (2) Subsection (1) applies to the 2009 and subsequent taxation years.

 

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