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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 2MEASURES RELATING TO SALES AND EXCISE TAXES

R.S., c. E-15Excise Tax Act

Marginal note:1993, c. 27, s. 146(1)
  •  (1) The portion of section 10 of Schedule I to the Act before paragraph (a) is replaced by the following:

    • 10. Section 6 does not apply to an automobile described in that section that is

  • Marginal note:1993, c. 27, s. 146(1)

    (2) Paragraphs 10(a) to (c) of Schedule I to the French version of the Act are replaced by the following:

    • a) vendue dans des conditions qui feraient de la vente une fourniture détaxée pour l’application de la partie IX de la Loi;

    • b) achetée ou importée pour servir à la police ou combattre l’incendie;

    • c) achetée, pour son usage personnel ou officiel, par une personne exempte d’impôts et de taxes visée à l’article 34 de la convention figurant à l’annexe I de la Loi sur les missions étrangères et les organisations internationales ou à l’article 49 de la convention figurant à l’annexe II de cette loi;

  • (3) Section 10 of Schedule I to the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) a qualifying vehicle if the automobile

      • (i) is imported temporarily by an individual resident in Canada and not accounted for as a commercial good under section 32 of the Customs Act,

      • (ii) was last supplied in the course of a vehicle rental business to the individual by way of lease, licence or similar arrangement under which continuous possession or use of the automobile is provided for a period of less than 180 days, and

      • (iii) is exported within 30 days after the importation.

  • (4) Subsections (1) and (2) come into force, or are deemed to have come into force, on June 1, 2012.

  • (5) Subsection (3) applies to any automobile imported into Canada on or after June 1, 2012.

  •  (1) Part II of Schedule V to the Act is amended by adding the following after section 7.2:

    • 7.3 A supply of a service (other than a service described in section 4 of Part I of Schedule VI) rendered in the practice of the profession of pharmacy by a particular individual who is entitled under the laws of a province to practise that profession if the service is rendered within a pharmacist-patient relationship between the particular individual and another individual and is provided for the promotion of the health of the other individual or for the prevention or treatment of a disease, disorder or dysfunction of the other individual.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

  •  (1) Section 10 of Part II of Schedule V to 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) a person that is entitled under the laws of a province to practise the profession of pharmacy and is authorized under the laws of the province to order such a service, if the order is made within a pharmacist-patient relationship.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

  •  (1) Paragraph 2(e) of Part I of Schedule VI to the Act is amended by adding the following after subparagraph (vi):

    • (vi.1) Isosorbide-5-mononitrate,

  • (2) Subsection (1) applies to any supply made

    • (a) after March 29, 2012; or

    • (b) on or before March 29, 2012 if no amount was charged, collected or remitted on or before that day as or on account of tax under Part IX of the Act in respect of the supply.

Marginal note:1997, c. 10, s. 121(2)
  •  (1) The definition “medical practitioner” in section 1 of Part II of Schedule VI to the Act is repealed.

  • (2) Section 1 of Part II of Schedule VI to the Act is amended by adding the following in alphabetical order:

    “specified professional” means

    • (a) a person that is entitled under the laws of a province to practise the profession of medicine, physiotherapy or occupational therapy, or

    • (b) a registered nurse.

  • (3) Subsections (1) and (2) apply to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 122(1)
  •  (1) Sections 3 and 4 of Part II of Schedule VI to the Act are replaced by the following:

    • 3. A supply of a heart-monitoring device if the device is supplied on the written order of a specified professional for use by a consumer with heart disease who is named in the order.

    • 4. A supply of a hospital bed, if the bed is supplied to the operator of a health care facility (as defined in section 1 of Part II of Schedule V) or on the written order of a specified professional for use by an incapacitated individual named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 124(1)
  •  (1) Section 5.1 of Part II of Schedule VI to the Act is replaced by the following:

    • 5.1 A supply of an aerosol chamber or a metered dose inhaler for use in the treatment of asthma if the chamber or inhaler is supplied on the written order of a specified professional for use by a consumer named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 125(1)
  •  (1) Section 7 of Part II of Schedule VI to the Act is replaced by the following:

    • 7. A supply of a device that is designed to convert sound to light signals if the device is supplied on the written order of a specified professional for use by a consumer with a hearing impairment who is named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:2000, c. 30, s. 124(1)
  •  (1) Section 9 of Part II of Schedule VI to the Act is replaced by the following:

    • 9. A supply of eyeglasses or contact lenses if the eyeglasses or contact lenses are, or are to be, supplied under the authority of a prescription prepared, or an assessment record produced, by a person for the treatment or correction of a defect of vision of a consumer named in the prescription or assessment record and the person is entitled under the laws of the province in which the person practises to prescribe eyeglasses or contact lenses, or to produce an assessment record to be used for the dispensing of eyeglasses or contact lenses, for the treatment or correction of the defect of vision of the consumer.

  • (2) Subsection (1) applies to any supply made

    • (a) after March 29, 2012; or

    • (b) on or before March 29, 2012 if no amount was charged, collected or remitted on or before that day as or on account of tax under Part IX of the Act in respect of the supply.

Marginal note:2008, c. 28, s. 90(1)
  •  (1) Section 14.1 of Part II of Schedule VI to the Act is replaced by the following:

    • 14.1 A supply of a chair that is specially designed for use by an individual with a disability if the chair is supplied on the written order of a specified professional for use by a consumer named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 129(1)
  •  (1) Sections 21.1 and 21.2 of Part II of Schedule VI to the Act are replaced by the following:

    • 21.1 A supply of an extremity pump, intermittent pressure pump or similar device for use in the treatment of lymphedema if the pump or device is supplied on the written order of a specified professional for use by a consumer named in the order.

    • 21.2 A supply of a catheter for subcutaneous injections if the catheter is supplied on the written order of a specified professional for use by a consumer named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 130(1)
  •  (1) Section 23 of Part II of Schedule VI to the Act is replaced by the following:

    • 23. A supply of an orthotic or orthopaedic device that is made to order for an individual or is supplied on the written order of a specified professional for use by a consumer named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 132(1)
  •  (1) Section 24.1 of Part II of Schedule VI to the Act is replaced by the following:

    • 24.1 A supply of footwear that is specially designed for use by an individual who has a crippled or deformed foot or other similar disability, if the footwear is supplied on the written order of a specified professional.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 134(1)
  •  (1) Section 30 of Part II of Schedule VI to the Act is replaced by the following:

    • 29.1 A supply of

      • (a) a blood coagulation monitor or meter specially designed for use by an individual requiring blood coagulation monitoring or metering; or

      • (b) blood coagulation testing strips or reagents compatible with a blood coagulation monitor or meter referred to in paragraph (a).

    • 30. A supply of any article that is specially designed for the use of blind individuals if the article is supplied for use by a blind individual to or by the Canadian National Institute for the Blind or any other bona fide institution or association for blind individuals or on the order or certificate of a specified professional.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:1997, c. 10, s. 136(1)
  •  (1) Sections 35 and 36 of Part II of Schedule VI to the Act are replaced by the following:

    • 35. A supply of a graduated compression stocking, an anti-embolic stocking or similar article if the stocking or article is supplied on the written order of a specified professional for use by a consumer named in the order.

    • 36. A supply of clothing that is specially designed for use by an individual with a disability if the clothing is supplied on the written order of a specified professional for use by a consumer named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:2008, c. 28, s. 93(1)
  •  (1) Section 41 of Part II of Schedule VI to the Act is replaced by the following:

    • 41. A supply of a device that is specially designed for neuromuscular stimulation therapy or standing therapy, if supplied on the written order of a specified professional for use by a consumer with paralysis or a severe mobility impairment who is named in the order.

  • (2) Subsection (1) applies to any supply made after March 29, 2012.

Marginal note:2009, c. 32, s. 44(1)
  •  (1) Item 4 of Schedule VIII to the Act is repealed.

  • (2) Subsection (1) applies

    • (a) in respect of any supply (other than a supply deemed to have been made under section 172.1 of the Act) made after March 31, 2013;

    • (b) for the purposes of applying section 172.1 of the Act in respect of a fiscal year of a person that begins after March 31, 2013;

    • (c) for the purposes of calculating, under clause 173(1)(d)(vi)(B) of the Act, tax in respect of taxation years of an individual ending after 2013;

    • (d) for the purposes of applying section 174 of the Act in respect of an allowance paid by a person after March 31, 2013;

    • (e) for the purpose of calculating, under subsection 218.1(1.2) of the Act, tax for a specified year (as defined in section 217 of the Act) of a person that begins after March 31, 2013;

    • (f) in respect of goods imported

      • (i) after March 31, 2013, or

      • (ii) before April 1, 2013 if those goods are, after March 31, 2013, accounted for under subsection 32(1), paragraph 32(2)(a) or subsection 32(5) of the Customs Act or released in the circumstances set out in paragraph 32(2)(b) of that Act;

    • (g) in respect of property that is brought into, or removed from, a province after March 31, 2013;

    • (h) in respect of property that is brought into a province before April 1, 2013 by a carrier if the property is delivered in the province to a consignee after March 31, 2013;

    • (i) for the purposes of determining the amount for a province that, under subsection 225.2(2) of the Act, is required to be added to, or may be deducted from, the net tax for a reporting period of a financial institution that begins after March 31, 2013; and

    • (j) for the purposes of the description of C in paragraph (a) of the definition “provincial pension rebate amount” in subsection 261.01(1) of the Act in respect of a claim period of a pension entity that begins after March 31, 2013.

2002, c. 9, s. 5Air Travellers Security Charge Act

 Section 26 of the Air Travellers Security Charge Act is replaced by the following:

Marginal note:Demand for return

26. The Minister may, on demand sent by the Minister, require a designated air carrier to file, within any reasonable time stipulated in the demand, a return under this Act for any period designated in the demand.

2002, c. 22Excise Act, 2001

 Section 169 of the Excise Act, 2001 is replaced by the following:

Marginal note:Demand for return

169. The Minister may, on demand sent by the Minister, require any person to file, within any reasonable time stipulated in the demand, a return under this Act for any period designated in the demand.

SOR/91-30; SOR/2002-277, s. 8Value of Imported Goods (GST/HST) Regulations

  •  (1) Subsection 2(1) of the Value of Imported Goods (GST/HST) Regulations is amended by adding the following in alphabetical order:

    “qualifying vehicle”

    “qualifying vehicle” has the same meaning as in section 2 of the Non-Taxable Imported Goods (GST/HST) Regulations; (véhicule admissible)

  • (2) Subsection 2(2) of the Regulations is replaced by the following:

    • (2) For the purposes of these Regulations, the number of months or weeks in a period is the number of months or weeks, as the case may be, included, in whole or in part, in the period, the first day of the first such month or week, as the case may be, being the first day of the period.

  • (3) Subsections (1) and (2) come into force, or are deemed to have come into force, on June 1, 2012.

  •  (1) The Regulations are amended by adding the following after section 14:

    15. For the purpose of subsection 215(2) of the Act, the value of a qualifying vehicle that is imported temporarily by an individual resident in Canada and not accounted for as a commercial good (as defined in subsection 212.1(1) of the Act) under section 32 of the Customs Act, that is exported within 30 days after the importation and that was last supplied in the course of a vehicle rental business to the individual by way of lease, licence or similar arrangement under which continuous possession or use of the qualifying vehicle is provided for a period of less than 180 days is determined by the formula

    (A × B) + C

    where

    A
    is
    • (a) if the qualifying vehicle is described in any of subheading Nos. 8703.21 to 8703.90 and 8711.20 to 8711.90 of the List of Tariff Provisions set out in the schedule to the Customs Tariff,

      • (i) in the case of a truck, sport utility vehicle, minivan or van, $300,

      • (ii) in the case of a motorhome or similar vehicle, $1,000, and

      • (iii) in any other case, $200, and

    • (b) in any other case, $300;

    B
    is the number of weeks during which the qualifying vehicle remains in Canada; and
    C
    is the remaining duties payable in respect of the qualifying vehicle.
  • (2) Subsection (1) applies to any qualifying vehicle imported on or after June 1, 2012.

 

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