Global Minimum Tax Act (S.C. 2024, c. 17, s. 81)

Marginal note:Definitions

• 55 (1) The following definitions apply in this Part.

  Agency

  Agency means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act. (Agence)

  assessment

  assessment means an assessment or a reassessment under this Act. (cotisation)

  bank

  bank means a bank or an authorized foreign bank, as those terms are defined in section 2 of the Bank Act, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. (banque)

  bankrupt

  bankrupt has the same meaning as in section 2 of the Bankruptcy and Insolvency Act. (failli)

  business number

  business number means any number (other than a Social Insurance Number) used by the Minister to identify a person for the purposes of this Act. (numéro d’entreprise)

  Canadian filing entity

  Canadian filing entity means an entity appointed under subsection 61(3). (entité déclarante Canadienne)

  Commissioner

  Commissioner means, except in sections 58, 120 and 137, the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. (commissaire)

  designated filing entity

  designated filing entity, in respect of an MNE group for a fiscal year, means a constituent entity of the MNE group that has been appointed by the MNE group in substitution for the ultimate parent entity to file a GIR on behalf of the MNE group for the fiscal year, if the entity

  • (a) has been given everything it may reasonably require to comply with the filing obligations under this Part; and

  • (b) is located in a jurisdiction in the fiscal year that has a qualified IIR or a qualified UTPR in effect for the fiscal year. (entité déclarante désignée)

  designated local entity

  designated local entity means an entity appointed under paragraph 60(3)(a). (entité locale désignée)

  designated notification entity

  designated notification entity means an entity appointed under paragraph 60(5)(a). (entité de notification déterminée)

  GIR due date

  GIR due date, in respect of a qualifying MNE group for a fiscal year, means the later of

  • (a) June 30, 2026; and

  • (b) the day that is

    • (i) 18 months after the last day of the fiscal year, if the fiscal year is the earlier of

      • (A) the first fiscal year for which a constituent entity of, or joint venture entity in respect of, the MNE group that is located in Canada is subject to Part 3, and

      • (B) the first fiscal year that a constituent entity of, or joint venture entity in respect of, the MNE group is subject to a qualified IIR or qualified UTPR; and

    • (ii) 15 months after the last day of the fiscal year, in any other case. (date d’échéance DRG)

  GIR exchange date

  GIR exchange date, in respect of a qualifying MNE group for a fiscal year, means the date that exchanges of GIR information are due to occur under the applicable (or relevant) qualifying competent authority agreement. (date d’échange DRG)

  judge

  judge, in respect of any matter, means a judge of a superior court having jurisdiction in the province in which the matter arises or a judge of the Federal Court. (juge)

  official

  official means a person who is employed in the service of, who occupies a position of responsibility in the service of, or who is engaged by or on behalf of, His Majesty in right of Canada or a province, or a person who was formerly so employed, who formerly occupied such a position or who formerly was so engaged. (fonctionnaire)

  person

  person includes an entity. (personne)

  qualifying competent authority agreement

  qualifying competent authority agreement means an agreement that

  • (a) is between authorized representatives of the jurisdictions that are parties to a listed international agreement (as defined in subsection 248(1) of the Income Tax Act); and

  • (b) requires the automatic exchange of GIR information between the jurisdictions of the parties. (accord admissible entre autorités compétentes)

  qualifying foreign filing entity

  qualifying foreign filing entity, in respect of a qualifying MNE group for a fiscal year, means a constituent entity of the MNE group, if

  • (a) the constituent entity is the ultimate parent entity or designated filing entity of the MNE group for the fiscal year;

  • (b) the constituent entity is located in a jurisdiction (referred to in this definition as the “filing jurisdiction”) other than Canada in the fiscal year;

  • (c) the constituent entity is obligated to file a GIR, in respect of the MNE group for the fiscal year, with the tax authority of the filing jurisdiction; and

  • (d) the filing jurisdiction has a qualifying competent authority agreement that is in effect, and to which Canada is a party, on or before the GIR exchange date for the fiscal year. (entité déclarante étrangère admissible)

  record

  record means any material on which representations, in any form, of information or concepts are recorded or marked and that is capable of being read or understood by an individual or a computer system or other device. (registre)

• Marginal note:Person resident in Canada

  (2) For the purposes of this Part, a person is deemed to be resident in Canada at any time

  • (a) in the case of a corporation, if the corporation is

    • (i) incorporated in Canada and not continued elsewhere, or

    • (ii) continued in Canada;

  • (b) in the case of a partnership, unincorporated society, club, association or organization, or a branch thereof, if the member or participant, or a majority of the members or participants, having management and control of the person is or are resident in Canada at that time;

  • (c) in the case of a labour union, if it is carrying on activities as such in Canada and has a local union or branch in Canada at that time; or

  • (d) in the case of an individual, if the individual is deemed under any of paragraphs 250(1)(a) to (f) of the Income Tax Act to be resident in Canada at that time.

• Marginal note:Arm’s length

  (3) For the purposes of this Part,

  • (a) related persons are deemed not to deal with each other at arm’s length; and

  • (b) it is a question of fact whether persons not related to each other are, at any time, dealing with each other at arm’s length.

• Marginal note:Related persons

  (4) For the purposes of this Part, persons are related to each other if they are related persons within the meaning of subsection 6(2) of the Excise Act, 2001.

• Marginal note:Administration or enforcement

  (5) For greater certainty, a reference in this Part to the administration or enforcement of this Act includes the collection of any amount payable under this Act.

• Marginal note:Partnerships

  (6) For the purposes of this Part, anything done by a person as a member of a partnership is deemed to have been done by the partnership in the course of the partnership’s activities and not to have been done by the person.