Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)
Full Document:
Assented to 2017-12-14
112 The portion of subsection 167(1.1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Effet du choix
(1.1) Dans le cas où un fournisseur et un acquéreur font conjointement le choix prévu au paragraphe (1) et que ce dernier, s’il est un inscrit, présente le choix au ministre au plus tard le jour où il est tenu de produire aux termes de la section V la déclaration visant sa première période de déclaration au cours de laquelle une taxe serait, sans le présent paragraphe, devenue payable relativement à la fourniture d’un bien ou d’un service effectuée aux termes de la convention portant sur la fourniture de l’entreprise ou de la partie d’entreprise visée par le choix, ou à la date ultérieure fixée par le ministre sur demande de l’acquéreur, les règles suivantes s’appliquent :
113 Subsection 168(9) of the French version of the Act is replaced by the following:
Marginal note:Dépôt
(9) Pour l’application du présent article, un dépôt (sauf celui afférent à une enveloppe ou un contenant auxquels l’article 137 s’applique), remboursable ou non, versé au titre d’une fourniture n’est considéré comme la contrepartie payée à ce titre que lorsque le fournisseur le considère ainsi.
114 (1) The portion of subsection 172.1(1) of the Act before the first definition is replaced by the following:
Marginal note:Definitions
172.1 (1) The following definitions apply in this section and in section 172.2.
(2) The definition excluded activity in subsection 172.1(1) of the Act is replaced by the following:
- excluded activity
excluded activity, in respect of a pension plan, means an activity undertaken exclusively
(a) for compliance by a participating employer of the pension plan as an issuer, or prospective issuer, of securities with reporting requirements under a law of Canada or of a province in respect of the regulation of securities;
(b) for evaluating the feasibility or financial impact on a participating employer of the pension plan of establishing, altering or winding-up the pension plan, other than an activity that relates to the preparation of an actuarial report in respect of the plan required under a law of Canada or of a province;
(c) for evaluating the financial impact of the pension plan on the assets and liabilities of a participating employer of the pension plan;
(d) for negotiating changes to the benefits under the pension plan with a union or similar organization of employees;
(e) if the pension plan is a pooled registered pension plan, for compliance by a participating employer of the pension plan as a PRPP administrator of the pension plan with requirements under the Pooled Registered Pension Plans Act or a similar law of a province, provided the activity is undertaken exclusively for the purpose of making a taxable supply of a service to a pension entity of the pension plan that is to be made
(f) in relation to a part of the pension plan that is a defined contribution pension plan or that is a defined benefits pension plan, if no pension entity of the pension plan administers that part of the pension plan or holds assets in respect of that part of the pension plan; or
(g) for prescribed purposes. (activité exclue)
(3) Paragraphs (a) and (b) of the definition pension activity in subsection 172.1(1) of the Act are replaced by the following:
(a) the establishment, management or administration of the pension plan or of a pension entity or master pension entity of the pension plan; or
(b) the management or administration of assets in respect of the pension plan, including assets held by a pension entity or master pension entity of the pension plan. (activité de pension)
(4) Paragraphs (a) to (c) of the definition specified supply in subsection 172.1(1) of the Act are replaced by the following:
(a) a taxable supply deemed to have been made under subsection (5) or (5.1) of all or part of property or a service that the participating employer acquired for the purpose of making a supply of all or part of the property or service to a pension entity or master pension entity of the pension plan;
(b) a taxable supply deemed to have been made under subsection (6) or (6.1) of an employer resource of the participating employer that the participating employer consumed or used for the purpose of making a supply of property or a service to a pension entity or master pension entity of the pension plan; or
(c) a taxable supply deemed to have been made under subsection (7) or (7.1) of an employer resource of the participating employer that the participating employer consumed or used in the course of pension activities in respect of the pension plan. (fourniture déterminée)
(5) Subsection 172.1(1) of the Act is amended by adding the following in alphabetical order:
- defined benefits pension plan
defined benefits pension plan means the part of a pension plan that is in respect of benefits under the plan that are determined in accordance with a formula set forth in the plan and under which the employer contributions are not determined in accordance with a formula set forth in the plan. (régime de pension à prestations déterminées)
- defined contribution pension plan
defined contribution pension plan means the part of a pension plan that is not a defined benefits pension plan. (régime de pension à cotisations déterminées)
- master pension group
master pension group in respect of a particular person and another person means the group of one or more pension plans that consists of every pension plan that meets the following conditions:
- specified resource
specified resource means property or a service that is acquired by a person for the purpose of making a supply of all or part of the property or service to a pension entity or a master pension entity of a pension plan of which the person is a participating employer. (ressource déterminée)
(6) Paragraph 172.1(2)(a) of the Act is replaced by the following:
(a) for each pension entity and master pension entity of the pension plan, no tax would become payable under this Part in respect of the supply if
(7) The portion of subsection 172.1(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Specified pension entity
(4) For the purposes of this section, if a person is a participating employer of a pension plan and the pension plan has,
(8) The portion of subsection 172.1(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Acquisition for supply to pension entity
(5) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person and is not a selected qualifying employer of the pension plan at that time, if the person acquires at that time a specified resource for the purpose of making a supply of all or part of the specified resource to a pension entity of the pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan and if the specified resource is not an excluded resource of the person in respect of the pension plan, the following rules apply:
(9) Subparagraph 172.1(5)(d)(ii) of the Act is replaced by the following:
(ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula
A − B
where
- A
- is
- B
- is the total of all amounts, each of which is a part of the amount determined for A
(A) that is not included in determining the person’s net tax for the reporting period that includes the last day of the particular fiscal year, or
(B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and
(10) Section 172.1 of the Act is amended by adding the following after subsection (5):
Marginal note:Acquisition for supply to master pension entity
(5.1) If a person that is a registrant acquires at any time in a particular fiscal year of the person a specified resource for the purpose of making a supply of all or part of the specified resource to a master pension entity for consumption, use or supply by the master pension entity in the course of pension activities in respect of any pension plan that is in the master pension group in respect of the person and the master pension entity at that time, if the person is not at that time a selected qualifying employer of any pension plan in the master pension group and if it is not the case that the specified resource is an excluded resource of the person in respect of any pension plan in the master pension group, the following rules apply:
(a) for the purposes of this Part, the person is deemed to have made a taxable supply of the specified resource or part on the last day of the particular fiscal year;
(b) for the purposes of this Part, tax in respect of the taxable supply is deemed to have become payable on the last day of the particular fiscal year and the person is deemed to have collected that tax on that day;
(c) for the purposes of this Part, the tax referred to in paragraph (b) is deemed to be equal to the total of all amounts, each of which is determined for each pension plan in the master pension group by the formula
A + B
where
- A
- is the amount determined by the formula
C × D × E
where
- C
- is the fair market value of the specified resource or part at the time it was acquired by the person,
- D
- is the rate set out in subsection 165(1), and
- E
- is the master pension factor in respect of the pension plan for the fiscal year of the master pension entity that includes the last day of the particular fiscal year, and
- B
- is the total of all amounts, each of which is determined for a participating province by the following formula
F × G × H
where
- F
- is the amount determined for C,
- G
- is the provincial factor in respect of the pension plan and the participating province for the particular fiscal year, and
- H
- is the master pension factor determined for E; and
(d) for each pension plan in the master pension group, the specified pension entity of the pension plan is deemed for the purpose of determining an input tax credit of the specified pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01,
(i) to have received a supply of the specified resource or part on the last day of the particular fiscal year,
(ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula
A − B
where
- A
- is
- B
- is the total of all amounts, each of which is a part of the amount determined for A
(A) that is not included in determining the person’s net tax for the reporting period that includes the last day of the particular fiscal year, or
(B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and
(iii) to have acquired the specified resource or part for consumption, use or supply in the course of its commercial activities to the same extent that the specified resource or part was acquired by the person for the purpose of making a supply of the specified resource or part to the master pension entity for consumption, use or supply by the master pension entity in the course of pension activities of the master pension entity that are commercial activities of the master pension entity.
(11) Subparagraph 172.1(6)(d)(ii) of the Act is replaced by the following:
(ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula
A − B
where
- A
- is
- B
- is the total of all amounts, each of which is a part of the amount determined for A
(A) that is not included in determining the person’s net tax for the reporting period that includes the last day of the particular fiscal year, or
(B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and
(12) Section 172.1 of the Act is amended by adding the following after subsection (6):
Marginal note:Employer resource for supply to master pension entity
(6.1) If a person that is a registrant consumes or uses at any time in a particular fiscal year of the person an employer resource of the person for the purpose of making a supply of property or a service (in this subsection referred to as the “pension supply”) to a master pension entity for consumption, use or supply by the master pension entity in the course of pension activities in respect of any pension plan that is in the master pension group in respect of the person and the master pension entity at that time, if the person is not at that time a selected qualifying employer of any pension plan in the master pension group and if it is not the case that the employer resource is an excluded resource of the person in respect of any pension plan in the master pension group, the following rules apply:
(a) for the purposes of this Part, the person is deemed to have made a taxable supply of the employer resource (in this subsection referred to as the “employer resource supply”) on the last day of the particular fiscal year;
(b) for the purposes of this Part, tax in respect of the employer resource supply is deemed to have become payable on the last day of the particular fiscal year and the person is deemed to have collected that tax on that day;
(c) for the purposes of this Part, the tax referred to in paragraph (b) is deemed to be equal to the total of all amounts, each of which is determined for each pension plan in the master pension group by the formula
A + B
where
- A
- is the amount determined by the formula
C × D × E
where
- C
- is
(i) if the employer resource was consumed by the person during the particular fiscal year for the purpose of making the pension supply, the product obtained when the fair market value of the employer resource at the time the person began consuming it in the particular fiscal year is multiplied by the extent to which that consumption (expressed as a percentage of the total consumption of the employer resource by the person during the particular fiscal year) occurred when the person was both a registrant and a participating employer of the pension plan, or
(ii) otherwise, the product obtained when the fair market value of the use of the employer resource during the particular fiscal year as determined on the last day of the particular fiscal year is multiplied by the extent to which the employer resource was used during the particular fiscal year (expressed as a percentage of the total use of the employer resource by the person during the particular fiscal year) for the purpose of making the pension supply when the person was both a registrant and a participating employer of the pension plan,
- D
- is the rate set out in subsection 165(1), and
- E
- is the master pension factor in respect of the pension plan for the fiscal year of the master pension entity that includes the last day of the particular fiscal year, and
- B
- is the total of all amounts, each of which is determined for a participating province by the following formula
F × G × H
where
- F
- is the amount determined for C,
- G
- is the provincial factor in respect of the pension plan and the participating province for the particular fiscal year, and
- H
- is the master pension factor determined for E; and
(d) for each pension plan in the master pension group, the specified pension entity of the pension plan is deemed for the purpose of determining an input tax credit of the specified pension entity under this Part and for the purposes of sections 232.01, 232.02 and 261.01,
(i) to have received a supply of the employer resource on the last day of the particular fiscal year,
(ii) to have paid tax in respect of that supply on that day equal to the amount determined by the formula
A − B
where
- A
- is
- B
- is the total of all amounts, each of which is a part of the amount determined for A
(A) that is not included in determining the person’s net tax for the reporting period that includes the last day of the particular fiscal year, or
(B) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament, and
(iii) to have acquired the employer resource for consumption, use or supply in the course of its commercial activities to the same extent that the property or service supplied in the pension supply was acquired by the master pension entity for consumption, use or supply by the master pension entity in the course of pension activities of the master pension entity that are commercial activities of the master pension entity.
(13) The portion of subsection 172.1(7) of the Act before paragraph (a) is replaced by the following:
Marginal note:Employer resource other than for supply — pension entity
(7) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person and is not a qualifying employer of the pension plan at that time, if the person consumes or uses at that time an employer resource of the person in the course of pension activities in respect of the pension plan (other than the establishment, management or administration of a master pension entity of the pension plan and the management or administration of assets in respect of the pension plan that are held by a master pension entity of the pension plan), if the employer resource is not an excluded resource of the person in respect of the pension plan and if subsection (6) does not apply to that consumption or use, the following rules apply:
(14) The portion of subsection 172.1(7) of the Act before paragraph (a), as enacted by subsection (13), is replaced by the following:
Marginal note:Employer resource other than for supply — pension entity
(7) If a person is both a registrant and a participating employer of a pension plan at any time in a particular fiscal year of the person and is not a qualifying employer of the pension plan at that time, if the person consumes or uses at that time an employer resource of the person in the course of pension activities in respect of the pension plan, if the employer resource is not an excluded resource of the person in respect of the pension plan and if none of subsections (6), (6.1) and (7.1) applies to that consumption or use, the following rules apply:
(15) Paragraph 172.1(7)(d) of the Act is replaced by the following:
(d) for the purposes of determining, under section 261.01, an eligible amount of the specified pension entity of the pension plan in respect of the person for the particular fiscal year, the specified pension entity is deemed to have paid tax on the last day of the particular fiscal year equal to the amount determined by the formula
A − B
where
- A
- is
- B
- is the total of all amounts, each of which is a part of the amount determined for A
(i) that is not included in determining the person’s net tax for the reporting period that includes the last day of the particular fiscal year, or
(ii) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament.
(16) Subsection 172.1(8) of the Act is replaced by the following:
Marginal note:Employer resource other than for supply — master pension entity
(7.1) If a person that is a registrant consumes or uses at any time in a particular fiscal year of the person an employer resource of the person in the course of pension activities in respect of one or more pension plans that are in the master pension group in respect of the person and a master pension entity at that time, if the person is not at that time a qualifying employer of any pension plan in the master pension group, if it is not the case that the employer resource is an excluded resource of the person in respect of any pension plan in the master pension group, if the pension activities relate exclusively to the establishment, management or administration of the master pension entity or the management or administration of assets held by the master pension entity and if neither of subsections (6) and (6.1) applies to that consumption or use, the following rules apply:
(a) for the purposes of this Part, the person is deemed to have made a taxable supply of the employer resource (in this subsection referred to as the “employer resource supply”) on the last day of the particular fiscal year;
(b) for the purposes of this Part, tax in respect of the employer resource supply is deemed to have become payable on the last day of the particular fiscal year and the person is deemed to have collected that tax on that day;
(c) for the purposes of this Part, the tax referred to in paragraph (b) is deemed to be equal to the total of all amounts, each of which is determined for each particular pension plan in the master pension group by the formula
A + B
where
- A
- is the amount determined by the formula
C × D × E
where
- C
- is
(i) if the employer resource was consumed by the person during the particular fiscal year in the course of those pension activities, the product obtained when the fair market value of the employer resource at the time the person began consuming it in the particular fiscal year is multiplied by the extent to which that consumption (expressed as a percentage of the total consumption of the employer resource by the person during the particular fiscal year) occurred when the person was both a registrant and a participating employer of any pension plan in the master pension group, or
(ii) otherwise, the product obtained when the fair market value of the use of the employer resource during the particular fiscal year as determined on the last day of the particular fiscal year is multiplied by the extent to which the employer resource was used during the particular fiscal year (expressed as a percentage of the total use of the employer resource by the person during the particular fiscal year) in the course of those pension activities when the employer was both a registrant and a participating employer of any pension plan in the master pension group,
- D
- is the rate set out in subsection 165(1), and
- E
- is the master pension factor in respect of the particular pension plan for the fiscal year of the master pension entity that includes the last day of the particular fiscal year, and
- B
- is the total of all amounts, each of which is determined for a participating province by the following formula
F × G × H
where
- F
- is the amount determined for C,
- G
- is the provincial factor in respect of the particular pension plan and the participating province for the particular fiscal year, and
- H
- is the master pension factor determined for E; and
(d) for each pension plan in the master pension group, the specified pension entity of the pension plan is deemed — for the purposes of determining, under section 261.01, an eligible amount of the specified pension entity of the pension plan in respect of the person for the particular fiscal year — to have paid tax on the last day of the particular fiscal year equal to the amount determined by the formula
A − B
where
- A
- is
- B
- is the total of all amounts, each of which is a part of the amount determined for A
(i) that is not included in determining the person’s net tax for the reporting period that includes the last day of the particular fiscal year, or
(ii) that the person has recovered or is entitled to recover by way of rebate, refund or remission, or otherwise, under this or any other Act of Parliament.
Marginal note:Provision of information to pension entity
(8) If any of subsections (5) to (7.1) applies in respect of a person that is a participating employer of a pension plan, the person shall, in prescribed form and in a manner satisfactory to the Minister, provide prescribed information to the pension entity of the pension plan that is deemed to have paid tax under that subsection.
Marginal note:Provision of information by master pension entity
(8.1) A master pension entity of a pension plan shall, in a manner satisfactory to the Minister, provide the master pension factor in respect of the pension plan for a fiscal year of the master pension entity, and any other information that the Minister may specify, to each participating employer of the pension plan on or before the day that is 30 days after the first day of the fiscal year.
(17) The portion of subsection 172.1(9) of the Act before the formula is replaced by the following:
Marginal note:Selected qualifying employer
(9) For the purposes of this section, a particular participating employer of a pension plan is a selected qualifying employer of the pension plan for a particular fiscal year of the particular participating employer if no election under subsection 157(2) made jointly by the particular participating employer and a pension entity of the pension plan is in effect in the particular fiscal year, if no election under subsection 157(2.1) made jointly by the particular participating employer and a master pension entity of the pension plan is in effect in the particular fiscal year, if the particular participating employer did not become a participating employer of the pension plan in the particular fiscal year, if the amount determined for A in the following formula is less than $5,000 and if the amount (expressed as a percentage) determined by the following formula is less than 10%:
(18) Paragraphs (a) to (f) of the description of A in subsection 172.1(9) of the Act are replaced by the following:
(a) an amount of tax deemed to have been collected under any of subsections (5) to (7.1) by the particular participating employer in respect of a specified supply of the particular participating employer to the pension plan during the fiscal year (in this subsection referred to as the “preceding fiscal year”) of the particular participating employer preceding the particular fiscal year less the amount, if any, determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax,
(b) if the particular participating employer is a selected qualifying employer of the pension plan for the preceding fiscal year, an amount of tax that would have been deemed to have been collected under any of subsections (5) to (6.1) by the particular participating employer during the preceding fiscal year in respect of a supply that would have been deemed to have been made under whichever of those subsections is applicable and that would be a specified supply of the particular participating employer to the pension plan, if the particular participating employer were not a selected qualifying employer, less the amount, if any, that would be determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax,
(c) if the particular participating employer is a qualifying employer of the pension plan for the preceding fiscal year, an amount of tax that would have been deemed to have been collected under subsection (7) or (7.1) by the particular participating employer during the preceding fiscal year in respect of a supply that would have been deemed to have been made under whichever of those subsections is applicable and that would be a specified supply of the particular participating employer to the pension plan, if the particular participating employer were not a qualifying employer, less the amount, if any, that would be determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax,
(d) an amount of tax deemed to have been collected under any of subsections (5) to (7.1) by another participating employer of the pension plan in respect of a specified supply of the other participating employer to the pension plan during a fiscal year of the other participating employer that ends in the preceding fiscal year, provided that the other participating employer is related at any time in the preceding fiscal year to the particular participating employer, less the amount, if any, determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax,
(e) an amount of tax that would have been deemed to have been collected under any of subsections (5) to (6.1) by another participating employer of the pension plan during a fiscal year of the other participating employer that ends in the preceding fiscal year in respect of a supply that would have been deemed to have been made under whichever of those subsections is applicable and that would be a specified supply of the other participating employer to the pension plan if the other participating employer were not a selected qualifying employer, provided that the other participating employer is related at any time in the preceding fiscal year to the particular participating employer and is a selected qualifying employer of the pension plan for that fiscal year of the other participating employer, less the amount, if any, that would be determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax, or
(f) an amount of tax that would have been deemed to have been collected under subsection (7) or (7.1) by another participating employer of the pension plan during a fiscal year of the other participating employer that ends in the preceding fiscal year in respect of a supply that would have been deemed to have been made under whichever of those subsections is applicable and that would be a specified supply of the other participating employer to the pension plan if the other participating employer were not a qualifying employer, provided that the other participating employer is related at any time in the preceding fiscal year to the particular participating employer and is a qualifying employer of the pension plan for that fiscal year of the other participating employer, less the amount, if any, that would be determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax;
(19) Paragraph (b) of the description of B in subsection 172.1(9) of the Act is replaced by the following:
(b) an amount of tax deemed to have been collected under any of subsections (5) to (7.1) by a participating employer of the pension plan, including the particular participating employer, during a fiscal year of the participating employer that ends in the preceding fiscal year in respect of a specified supply of the participating employer to the pension plan less the amount, if any, determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax, or
(20) Paragraph (b) of the description of C in subsection 172.1(9) of the Act is replaced by the following:
(b) a recoverable amount (as defined in subsection 261.01(1)) of a pension entity of the pension plan in respect of a claim period ending in a fiscal year of the pension entity that ends in the preceding fiscal year but only to the extent that the recoverable amount is in respect of an amount determined for A under paragraph (c) of whichever of subsections (5) to (7.1) is applicable in determining an amount of tax deemed to have been paid by the pension entity under this section for the purposes of section 261.01.
(21) Paragraphs (a) to (d) of the description of A in subsection 172.1(10) of the Act are replaced by the following:
(a) an amount of tax deemed to have been collected under subsection (7) or (7.1) by the particular participating employer in respect of a specified supply of the particular participating employer to the pension plan during the fiscal year (in this subsection referred to as the “preceding fiscal year”) of the particular participating employer preceding the particular fiscal year less the amount, if any, determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax,
(b) if the particular participating employer is a qualifying employer of the pension plan for the preceding fiscal year, an amount of tax that would have been deemed to have been collected under subsection (7) or (7.1) by the particular participating employer during the preceding fiscal year in respect of a supply that would have been deemed to have been made under whichever of those subsections is applicable and that would be a specified supply of the particular participating employer to the pension plan, if the particular participating employer were not a qualifying employer, less the amount, if any, that would be determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax,
(c) an amount of tax deemed to have been collected under subsection (7) or (7.1) by another participating employer of the pension plan in respect of a specified supply of the other participating employer to the pension plan during a fiscal year of the other participating employer that ends in the preceding fiscal year, provided that the other participating employer is related at any time in the preceding fiscal year to the particular participating employer, less the amount, if any, determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax, or
(d) an amount of tax that would have been deemed to have been collected under subsection (7) or (7.1) by another participating employer of the pension plan during a fiscal year of the other participating employer that ends in the preceding fiscal year in respect of a supply that would have been deemed to have been made under whichever of those subsections is applicable and that would be a specified supply of the other participating employer to the pension plan if the other participating employer were not a qualifying employer, provided that the other participating employer is related at any time in the preceding fiscal year to the particular participating employer and is a qualifying employer of the pension plan for that fiscal year of the other participating employer, less the amount, if any, that would be determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax;
(22) Paragraph (b) of the description of B in subsection 172.1(10) of the Act is replaced by the following:
(b) an amount of tax deemed to have been collected under any of subsections (5) to (7.1) by a participating employer of the pension plan, including the particular participating employer, during a fiscal year of the participating employer that ends in the preceding fiscal year in respect of a specified supply of the participating employer to the pension plan less the amount, if any, determined for B under paragraph (c) of whichever of those subsections is applicable in determining that amount of tax, or
(23) Paragraph (b) of the description of C in subsection 172.1(10) of the Act is replaced by the following:
(b) a recoverable amount (as defined in subsection 261.01(1)) of a pension entity of the pension plan in respect of a claim period ending in a fiscal year of the pension entity that ends in the preceding fiscal year but only to the extent that the recoverable amount is in respect of an amount determined for A under paragraph (c) of whichever of subsections (5) to (7.1) is applicable in determining an amount of tax deemed to have been paid by the pension entity under this section for the purposes of section 261.01.
(24) Paragraphs 172.1(12)(b) and (c) of the Act are replaced by the following:
(b) any amount of tax deemed to have been collected under any of subsections (5) to (7.1) by a predecessor, or that would have been deemed to have been collected under any of those subsections if the predecessor were neither a selected qualifying employer nor a qualifying employer, at any time during the period of 365 days preceding the first fiscal year of the new corporation is deemed to have been collected under the same subsection by the new corporation, and not by a predecessor, on the last day of the prior fiscal year of the new corporation;
(c) any specified supply of a predecessor to the pension plan in respect of a taxable supply deemed to have been made under any of subsections (5) to (7.1), or that would have been deemed to have been made under any of those subsections if the predecessor were neither a selected qualifying employer nor a qualifying employer, at any time during the period of 365 days preceding the first fiscal year of the new corporation is deemed to be a specified supply of the new corporation to the pension plan and not of the predecessor; and
(25) Subsections (1), (3) and (4) and the definitions master pension group and specified resource, as enacted by subsection (5), are deemed to have come into force on July 22, 2016.
(26) Subsection (2) and the definitions defined benefits pension plan and defined contribution pension plan, as enacted by subsection (5), apply in respect of any fiscal year of a person that begins after July 22, 2016.
(27) Subsections (6) to (8), (10), (12), (14) and (16) to (24) apply in respect of any fiscal year of a person that begins after July 21, 2016.
(28) Subsections (9) and (11) are deemed to have come into force on September 23, 2009, but do not apply
(a) for the purposes of determining an input tax credit of a pension entity if the input tax credit is claimed in a return under Division V of Part IX of the Act for a reporting period of the pension entity that is filed on or before July 22, 2016;
(b) in respect of a tax adjustment note issued under subsection 232.01(3) or 232.02(2) of the Act on or before July 22, 2016; and
(c) for the purposes of determining the pension rebate amount, as defined in subsection 261.01(1) of the Act, of a pension entity for a claim period of the pension entity if
(29) Subsection (13) applies in respect of any fiscal year of a person that begins after September 22, 2009 but before July 22, 2016.
(30) Subsection (15) is deemed to have come into force on September 23, 2009, but does not apply for the purposes of determining the pension rebate amount, as defined in subsection 261.01(1) of the Act, of a specified pension entity for a claim period of the specified pension entity if
(31) If, in assessing under section 296 of the Act the net tax for a reporting period of a person that is a participating employer of a pension plan, an amount was included in determining the net tax for the reporting period as an amount of tax in respect of an employer resource, as defined in subsection 172.1(1) of the Act, that was deemed to have been collected on a particular day in the reporting period by the person under paragraph 172.1(7)(b) of the Act and if, as a result of the application of subsection 172.1(7) of the Act, as amended by subsection (13), the amount is not deemed to have been collected by the person under that paragraph, then the person is entitled until the day that is one year 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 the amount is not deemed to have been collected by the particular person under that paragraph and, on receipt of the request and with all due dispatch,
(a) the Minister must consider the request;
(b) the Minister must under section 296 of the Act assess, reassess or make an additional assessment of the net tax for the reporting period, and of any interest, penalty or other obligation of the person, solely for the purpose of taking into account that the amount is not deemed to have been collected by the person under paragraph 172.1(7)(b) of the Act;
(c) if a pension entity of the pension plan makes an election under subsection 261.01(5), (6) or (9) of the Act with a qualifying employer of the pension plan for the claim period (as those terms are defined in subsection 261.01(1) of the Act) of the pension entity that includes the particular day, if the qualifying employer deducts, in determining its net tax for a reporting period, an amount as all or part of a particular amount in respect of the employer resource that was deemed to have been paid by the pension entity under paragraph 172.1(7)(d) of the Act and if, as a result of the application of subsection 172.1(7) of the Act, as amended by subsection (13), the particular amount is not deemed to have been paid by the pension entity under that paragraph, then the Minister must under section 296 of the Act assess, reassess or make an additional assessment of the net tax for the reporting period, and of any interest, penalty or other obligation of the qualifying employer, solely for the purpose of taking into account that the particular amount is not deemed to have been paid by the pension entity under that paragraph; and
(d) if, in assessing under section 297 of the Act the amount of a rebate under subsection 261.01(2) of the Act for a claim period (as defined in subsection 261.01(1) of the Act) of a pension entity, a particular amount was included in determining the pension rebate amount (as defined in subsection 261.01(1) of the Act) for the claim period as an amount in respect of the employer resource that was deemed to have been paid by the pension entity under paragraph 172.1(7)(d) and if, as a result of the application of subsection 172.1(7) of the Act, as amended by subsection (13), the particular amount is not deemed to have been paid by the pension entity under that paragraph, then the Minister must under sections 296 and 297 of the Act assess, reassess or make an additional assessment of the rebate, and of any interest, penalty or other obligation of the pension entity, solely for the purpose of taking into account that the particular amount was not deemed to have been paid by the pension entity under that paragraph.
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