Fall Economic Statement Implementation Act, 2022 (S.C. 2022, c. 19)

2002, c. 22Excise Act, 2001

• 66 (1) The portion of subsection 260(2) of the Excise Act, 2001 before paragraph (d) is replaced by the following:

  • Marginal note:Powers of officer

    (2) Subject to subsection (3), the officer may, at all reasonable times, for any purpose related to the administration or enforcement of this Act

    • (a) enter any place in which the officer reasonably believes the person keeps records or carries on any activity to which this Act applies;

    • (b) stop a conveyance or direct that it be moved to a place where an inspection or examination may be performed;

    • (c) require any person to give the officer all reasonable assistance, to answer all proper questions relating to the administration or enforcement of this Act and

      • (i) to attend with the officer at a place designated by the officer, or by video-conference or by another form of electronic communication, and to answer the questions orally, and

      • (ii) to answer the questions in writing, in any form specified by the officer;

• (2) Subsection 260(2) of the Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) require any person to give the officer all reasonable assistance with anything the officer is authorized to do under this Act.

• (3) Subsection 260(3) of the Act is replaced by the following:

  • Marginal note:Prior authorization

    (3) If any place referred to in subsection (2) is a dwelling-house, the officer may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4).

• (4) Paragraph 260(4)(a) of the Act is replaced by the following:

  • (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in subsection (2);

• 67 (1) Section 297 of the Act is amended by adding the following before subsection (1):

  Marginal note:Definitions

  • 297 (0.1) The following definitions apply in this section.

    common-law partner

    common-law partner of an individual at any time means a person who is the common-law partner of the individual at that time for the purposes of the Income Tax Act. (conjoint de fait)

    common-law partnership

    common-law partnership means the relationship between two persons who are common-law partners of each other. (union de fait)

    transaction

    transaction includes an arrangement or event. (opération)

• (2) Subsection 297(6) of the Act is replaced by the following:

  • Marginal note:Anti-avoidance rules

    (6) For the purposes of this section, if a person transfers property to another person as part of a transaction or series of transactions, the following rules apply:

    • (a) the transferor is deemed to not be dealing at arm’s length with the transferee at the time of the transfer of the property if

      • (i) the transferor and the transferee do not deal at arm’s length at any time during the period beginning immediately prior to the transaction or series of transactions and ending immediately after the transaction or series of transactions, and

      • (ii) it is reasonable to conclude that one of the purposes of undertaking or arranging the transaction or series of transactions is to avoid joint and several, or solidary, liability of the transferee and the transferor under this section for an amount payable under this Act;

    • (b) an amount that the transferor is liable to pay under this Act (including, for greater certainty, an amount that the transferor is liable to pay under this section, regardless of whether the Minister has made an assessment under subsection (3) in respect of that amount) is deemed to have become payable in the reporting period of the transferor in which the property was transferred, if it is reasonable to conclude that one of the purposes of the transfer of the property is to avoid the payment of a future amount payable under this Act by the transferor or transferee; and

    • (c) the amount determined for A in paragraph (1)(d) is deemed to be the greater of

      • (i) the amount otherwise determined for A in paragraph (1)(d) without reference to this paragraph, and

      • (ii) the amount determined by the formula

        A − B

        where

        A

        is the fair market value of the property at the time of the transfer, and

        B

        is the fair market value, at its lowest at any time during the period beginning immediately prior to the transaction or series of transactions and ending immediately after the transaction or series of transactions, of the consideration given by the transferee for the transfer of the property (other than any part of the consideration that is in a form that is cancelled or extinguished during that period and for which no property that is neither cancelled nor extinguished during that period is substituted) provided that the consideration is held by the transferor at that time.

• (3) Subsections (1) and (2) are deemed to have come into force on April 19, 2021.

2018, c. 12, s. 186Greenhouse Gas Pollution Pricing Act

• 68 (1) The portion of subsection 141(2) of the Greenhouse Gas Pollution Pricing Act before paragraph (a) is replaced by the following:

  • Marginal note:Powers of authorized person

    (2) Subject to subsection (3), the authorized person may, at all reasonable times, for any purpose related to the administration or enforcement of this Part

• (2) Paragraph 141(2)(b) of the Act is replaced by the following:

  • (b) require any person to give the authorized person all reasonable assistance, to answer all proper questions relating to the administration or enforcement of this Part and

    • (i) to attend with the authorized person at a place designated by the authorized person, or by video-conference or by another form of electronic communication, and to answer the questions orally, and

    • (ii) to answer the questions in writing, in any form specified by the authorized person; and

  • (c) require any person to give the authorized person all reasonable assistance with anything the authorized person is authorized to do under this Part.

• (3) Subsection 141(3) of the Act is replaced by the following:

  • Marginal note:Prior authorization

    (3) If any place referred to in subsection (2) is a dwelling-house, the authorized person may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4).

• (4) Paragraph 141(4)(a) of the Act is replaced by the following:

  • (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in subsection (2);

• 69 (1) Section 161 of the Act is amended by adding the following before subsection (1):

  Marginal note:Definition of transaction

  • 161 (0.1) In this section, transaction includes an arrangement or event.

• (2) Section 161 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Anti-avoidance rules

    (6) For the purposes of this section, if a person transfers property to another person as part of a transaction or series of transactions, the following rules apply:

    • (a) the transferor is deemed to not be dealing at arm’s length with the transferee at the time of the transfer of the property if

      • (i) the transferor and the transferee do not deal at arm’s length at any time during the period beginning immediately prior to the transaction or series of transactions and ending immediately after the transaction or series of transactions, and

      • (ii) it is reasonable to conclude that one of the purposes of undertaking or arranging the transaction or series of transactions is to avoid joint and several, or solidary, liability of the transferee and the transferor under this section for an amount payable under this Part;

    • (b) an amount that the transferor is liable to pay under this Part (including, for greater certainty, an amount that the transferor is liable to pay under this section, regardless of whether the Minister has made an assessment under subsection (3) in respect of that amount) is deemed to have become payable in the reporting period of the transferor in which the property was transferred, if it is reasonable to conclude that one of the purposes of the transfer of the property is to avoid the payment of a future amount payable under this Part by the transferor or transferee; and

    • (c) the amount determined for A in paragraph (1)(d) is deemed to be the greater of

      • (i) the amount otherwise determined for A in paragraph (1)(d) without reference to this paragraph, and

      • (ii) the amount determined by the formula

        A − B

        where

        A

        is the fair market value of the property at the time of the transfer, and

        B

        is the fair market value, at its lowest at any time during the period beginning immediately prior to the transaction or series of transactions and ending immediately after the transaction or series of transactions, of the consideration given by the transferee for the transfer of the property (other than any part of the consideration that is in a form that is cancelled or extinguished during that period and for which no property that is neither cancelled nor extinguished during that period is substituted) provided that the consideration is held by the transferor at that time.

• (3) Subsections (1) and (2) are deemed to have come into force on April 19, 2021.

C.R.C., c. 945Income Tax Regulations

• 70 (1) The definition remuneration in subsection 100(1) of the Income Tax Regulations is amended by striking out “or” at the end of paragraph (o), by adding “or” at the end of paragraph (p) and by adding the following after paragraph (p):

  • (q) a payment described in paragraph 153(1)(v) of the Act; (rémunération)

• (2) Subsection 100(3) of the Regulations is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

  • (c.1) a contribution to or under a FHSA, to the extent that the employer believes on reasonable grounds that the contribution is deductible under subsection 146.6(5) of the Act in computing the employee’s income for the taxation year in which the payment of remuneration is made, or

• (3) Subsections (1) and (2) come into force on April 1, 2023.

• 71 (1) Subsection 103(6) of the Regulations is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):

  • (i) a payment described in paragraph 153(1)(v) of the Act.

• (2) Subsection (1) comes into force on April 1, 2023.

• 72 (1) The Regulations are amended by adding the following after section 204.1:

  Additional Reporting — Trusts

  • 204.2 (1) For the purposes of subsection 150(1) of the Act, every person having the control of, or receiving income, gains or profits in a fiduciary capacity, or in a capacity analogous to a fiduciary capacity, shall provide information in respect of a trust, unless the trust is subject to one of the exceptions listed in paragraphs 150(1.2)(a) to (o) of the Act, that includes the name, address, date of birth (in the case of an individual other than a trust), jurisdiction of residence and TIN (as defined in subsection 270(1) of the Act) for each person who, in the year,

    • (a) is a trustee, beneficiary (subject to subsection (2)) or settlor (as defined in subsection 17(15) of the Act) of the trust; or

    • (b) has the ability (through the terms of the trust or a related agreement) to exert influence over trustee decisions regarding the appointment of income or capital of the trust.

  • (2) For the purposes of subsection (1), the requirement in paragraph (1)(a) to provide required information in respect of beneficiaries of a trust in a return is met if

    • (a) the required information is provided in respect of each beneficiary of the trust whose identity is known or ascertainable with reasonable effort by the person making the return at the time of filing the return;

    • (b) in respect of a trust, the beneficiaries of which are all of the members of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982, or an identifiable class of the members of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982, the person making the return provides a sufficiently detailed description of the class of beneficiaries to determine with certainty whether any particular person is a member of that class of beneficiaries;

    • (c) in respect of a trust that is not described in paragraph 150(1.2)(h) of the Act but which has one or more classes of units that are listed on a designated stock exchange, the person making the return provides the required information regarding the beneficiaries of those classes of units that are not listed on a designated stock exchange; and

    • (d) in respect of beneficiaries not described in paragraphs (a) to (c), the person making the return provides sufficiently detailed information to determine with certainty whether any particular person is a beneficiary of the trust.

• (2) Subsection (1) applies to taxation years that end after December 30, 2023.

• 73 (1) The table in subsection 205(3) of the Regulations is amended by adding the following in alphabetical order:

  First Home Savings Account (FHSA) Annual Information Return

• (2) Subsection (1) comes into force on April 1, 2023.

• 74 (1) The table in subsection 205.1(1) of the Regulations is amended by adding the following in alphabetical order:

  First Home Savings Account (FHSA) Annual Information Return

• (2) Subsection (1) comes into force on April 1, 2023.

• 75 (1) Subsection 209(1) of the Regulations is replaced by the following:

  • 209 (1) A person who is required by section 200, 201, 202, 203, 204, 212, 214, 215, 217 or 218, subsection 219(2) or 223(2) or section 228, 229, 230, 232, 233 or 234 to make an information return shall forward to each taxpayer to whom the return relates two copies of the portion of the return that relates to that taxpayer.

• (2) The portion of subsection 209(5) of the Regulations before paragraph (a) is replaced by the following:

  • (5) A person may provide a Statement of Remuneration Paid (T4) information return, a Tuition and Enrolment Certificate or a FHSA information return, as required under subsection (1), as a single document in an electronic format (instead of the two copies required under subsection (1)) to the taxpayer to whom the return relates, on or before the date on which the return is to be filed with the Minister, unless

• (3) Subsections (1) and (2) come into force on April 1, 2023.