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Tax Conventions Implementation Act, 2010 (S.C. 2010, c. 15)

Assented to 2010-12-15

Tax Conventions Implementation Act, 2010

S.C. 2010, c. 15

Assented to 2010-12-15

An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income

SUMMARY

This enactment implements the most recent tax treaties that Canada has concluded with Colombia, Greece and Turkey.

The treaties implemented reflect efforts to expand Canada’s tax treaty network. Those treaties are generally patterned on the Model Double Taxation Convention prepared by the Organisation for Economic Co-operation and Development.

Tax treaties have two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Since a tax treaty contains taxation rules that are different from the provisions of the Income Tax Act, it becomes effective only after being given precedence over domestic legislation by an Act of Parliament such as this one. Finally, for each of those tax treaties to become effective, it must be ratified after the enactment of this Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Tax Conventions Implementation Act, 2010.

PART 1CANADA–COLOMBIA TAX CONVENTION ACT, 2010

 The Canada–Colombia Tax Convention Act, 2010, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 1 to this Act, is hereby enacted:

Marginal note:Short title

1. This Act may be cited as the Canada–Colombia Tax Convention Act, 2010.

Definition of “Convention”

2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Colombia set out in Schedule 1, as amended by the Protocol set out in Schedule 2.

Marginal note:Convention approved

3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.

Marginal note:Inconsistent laws — general rule
  • 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.

  • Marginal note:Inconsistent laws — exception

    (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.

Marginal note:Regulations

5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.

Marginal note:Notification

6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.

PART 2CANADA–GREECE TAX CONVENTION ACT, 2010

 The Canada–Greece Tax Convention Act, 2010, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 2 to this Act, is hereby enacted:

Marginal note:Short title

1. This Act may be cited as the Canada–Greece Tax Convention Act, 2010.

Definition of “Convention”

2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Hellenic Republic set out in Schedule 1, as amended by the Protocol set out in Schedule 2.

Marginal note:Convention approved

3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.

Marginal note:Inconsistent laws — general rule
  • 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.

  • Marginal note:Inconsistent laws — exception

    (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.

Marginal note:Regulations

5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.

Marginal note:Notification

6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.

PART 3CANADA–TURKEY TAX CONVENTION ACT, 2010

 The Canada–Turkey Tax Convention Act, 2010, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 3 to this Act, is hereby enacted:

Marginal note:Short title

1. This Act may be cited as the Canada–Turkey Tax Convention Act, 2010.

Definition of “Convention”

2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Turkey set out in Schedule 1, as amended by the Protocol set out in Schedule 2.

Marginal note:Convention approved

3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.

Marginal note:Inconsistent laws — general rule
  • 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.

  • Marginal note:Inconsistent laws — exception

    (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.

Marginal note:Regulations

5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.

Marginal note:Notification

6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.

 

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