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Technical Tax Amendments Act, 2012 (S.C. 2013, c. 34)

Assented to 2013-06-26

  •  (1) The portion of section 6701 of the Regulations before paragraph (a) is replaced by the following:

    6701. For the purposes of paragraph 40(2)(i), clause 53(2)(k)(i)(C), the definition “public corporation” in subsection 89(1), the definition “specified investment business” in subsection 125(7), the definition “approved share” in subsection 127.4(1), subsections 131(8) and (11), section 186.1, the definition “financial intermediary corporation” in subsection 191(1), the definition “eligible investment” in subsection 204.8(1) and subsection 204.81(8.3) of the Act, “prescribed labour-sponsored venture capital corporation” means, at any particular time,

  • (2) Subsection (1) is deemed to have come into force on October 24, 2012.

  •  (1) The Regulations are amended by adding the following after section 6707:

    6708. For the purpose of paragraph 204.8(2)(b) and subsection 204.81(8.3) of the Act, section 27.2 of the Community Small Business Investment Funds Act, 1992, S.O. 1992, c. 18, is a prescribed wind-up rule.

    6709. For the purposes of section 211.81 of the Act, sections 1086.14 and 1086.20 of the Taxation Act, R.S.Q., c. I-3, are prescribed provisions of a provincial law.

  • (2) Subsection (1) is deemed to have come into force on October 24, 2012.

  •  (1) Section 6802 of the Regulations is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g):

    • (h) a trust established

      • (i) to hold shares of Air Canada, pursuant to the June 2009 memorandum of understanding between Air Canada and certain trade unions who represent employees of Air Canada, if

        • (A) the shares are held by the trust for the benefit of the trade unions, and

        • (B) each of the trade unions may direct the trustee to contribute, from time to time, amounts received or receivable by the trust in respect of the shares, whether as dividends, proceeds of disposition or otherwise, to one or more registered pension plans under which Air Canada is a participating employer, or

      • (ii) in relation to the wind-up of a registered pension plan sponsored by Fraser Papers Inc., if

        • (A) shares are held by the trust for the benefit of the registered pension plan, and

        • (B) the trustee will contribute amounts received or receivable by the trust in respect of the shares, whether as dividends, proceeds of disposition or otherwise, to the registered pension plan, not later than December 31, 2018.

  • (2) Subsection (1) is deemed to have come into force on January 1, 2009.

  •  (1) Part LXXXI of the Regulations is repealed.

  • (2) Subsection (1) applies to taxation years that begin after October 31, 2011.

  •  (1) The definition “predecessor employer” in subsection 8500(1) of the Regulations is replaced by the following:

    “predecessor employer”

    “predecessor employer” means, in relation to a particular employer, an employer (in this definition referred to as the “vendor”) who has sold, assigned or otherwise disposed of all or part of the vendor’s business or undertaking or all or part of the assets of the vendor’s business or undertaking to the particular employer or to another employer who, at any time after the sale, assignment or other disposition, becomes a predecessor employer in relation to the particular employer, if all or a significant number of employees of the vendor have, in conjunction with the sale, assignment or disposition, become employees of the employer acquiring the business, undertaking or assets; (employeur remplacé)

  • (2) Section 8500 of the Regulations is amended by adding the following after subsection (1.1):

    • (1.2) The definition “predecessor employer” in subsection (1) applies for the purpose of subsection 147.2(8) of the Act.

  • (3) Section 8500 of the Regulations is amended by adding the following after subsection (8):

    • (9) For the purposes of paragraph 147.3(6)(b) of the Act and subparagraphs 8502(d)(iv) and 8503(2)(h)(iii), if an amount is transferred in accordance with subsection 147.3(3) of the Act to a defined benefit provision (referred to in this subsection as the “current provision”) of a registered pension plan from a defined benefit provision (referred to in this subsection as the “former provision”) of another registered pension plan on behalf of all or a significant number of members whose benefits under the former provision are replaced by benefits under the current provision, each current service contribution made at a particular time under the former provision by a member whose benefits are so replaced is deemed to be a current service contribution made at that particular time under the current provision by the member.

  • (4) Subsection (1) is deemed to have come into force on November 6, 2010, except that it does not apply in respect of a sale, assignment or disposition of a business or undertaking that occurred before that date.

  • (5) Subsection (2) applies to contributions made after 1990.

  • (6) Subsection (3) applies is deemed to have come into force on January 1, 2000.

  •  (1) Paragraph 8502(b) of the Regulations is amended by striking out “or” at the end of subparagraph (iv), by adding “or” at the end of subparagraph (v) and by adding the following after subparagraph (v):

    • (v.1) is paid by the trustee of a trust described in paragraph 6802(h), where the amount would have been an eligible contribution if the amount had been paid in respect of a defined benefit provision of the plan by an employer with respect to the employer’s employees or former employees,

  • (2) Subsection (1) is deemed to have come into force on January 1, 2009.

  •  (1) Section 8504 of the Regulations is amended by adding the following after subsection (2):

    Predecessor Employer

    •  (2.1) For the purposes of subsection (2), if the pensionable service of the member under the provision includes a period throughout which the member was employed by a predecessor employer to an employer who participates in the plan, the predecessor employer is deemed to have participated under the provision for the benefit of the member.

  • (2) Subsection (1) is deemed to have come into force on January 1, 1991.

  •  (1) Paragraph 8514(2.1)(a) of the Regulations is replaced by the following:

    • (a) the plan contains no money purchase provision other than a money purchase provision under which each member account is credited, on a reasonable basis and no less frequently than annually, an amount based on the income earned, losses incurred and capital gains and capital losses realized, on all of the property held by the plan;

  • (2) Subsection (1) is deemed to have come into force on January 1, 2011.

  •  (1) Section 8604 of the Regulations is repealed.

  • (2) Subsection (1) is deemed to have come into force on December 20, 2002.

  •  (1) Section 8901 of the Regulations and the heading before it are repealed.

  • (2) Subsection (1) applies to fiscal periods that begin after the day on which this Act receives royal assent.

PART 6MEASURES IN RESPECT OF SALES TAX

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

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1); R.S., c. 47 (4th Supp.), s. 52, Sch., item 5(3); 1999, c. 17, par. 155(a)

 Subsection 81.25(2) of the Excise Tax Act is repealed.

Marginal note:R.S., c. 7 (2nd Supp.), s. 38(1); 1999, c. 17, par. 155(b); 2002, c. 8, par. 183(1)(j)

 Subsection 81.29(3) of the Act is repealed.

  •  (1) The Act is amended by adding the following after section 177:

    Collecting Body and Collective Societies

    Meaning of “collective society”

    • 177.1 (1) In this section, “collective society” means a collective society, as defined in section 2 of the Copyright Act, that is a registrant.

    • Marginal note:Copyright Act expressions

      (2) In this section, the expressions “collecting body”, “eligible author”, “eligible maker” and “eligible performer” have the same meanings as in section 79 of the Copyright Act.

    • Marginal note:Supply by collecting body or collective society

      (3) If a collecting body or a collective society makes a taxable supply to a person that is an eligible author, eligible maker, eligible performer or a collective society and the supply includes a service of collecting or distributing the levy payable under section 82 of the Copyright Act, the value of the consideration for the supply is, for the purpose of determining tax payable in respect of the supply, deemed to be equal to the amount determined by the formula:

      A – B

      where

      A 
      is the value of that consideration as otherwise determined for the purposes of this Part; and
      B 
      is the part of the value of the consideration referred to in the description of A that is exclusively attributable to the service.
  • (2) Subsection (1) is deemed to have come into force on March 19, 1998.

Marginal note:1997, c. 10, s. 45(1)
  •  (1) Subsection 225.1(4.1) of the Act is replaced by the following:

    • Marginal note:Restriction

      (4.1) An amount is not to be included in the total for B in the formula set out in subsection (2) for a reporting period of a charity to the extent that, before the end of the period, the amount was refunded to the charity under this or any other Act of Parliament or was remitted to the charity under the Financial Administration Act or the Customs Tariff.

  • (2) Subsection (1) applies for the purpose of determining the net tax of a charity for reporting periods beginning after 1996.

 
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