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Income Tax Regulations

Version of section 8901.2 from 2022-02-01 to 2022-03-27:


Marginal note:Definitions

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

    partial public health restriction

    partial public health restriction means a public health restriction as defined in subsection 125.7(1) of the Act if paragraphs (f) to (h) of that definition were replaced by the following:

    • (f) as a result of the order or decision, some or all of the activities of the eligible entity — or the specified tenant — at, or in connection with, the qualifying property (that it is reasonable to expect the eligible entity — or the specified tenant — would, absent the order or decision, otherwise have engaged in) are required to be reduced by means of capacity or similar restrictions by not less than 50% (referred to in this subsection as the “limited activities”); and

    • (g) the limited activities are required to be reduced for a period of at least one week. (restrictions sanitaires partielles)

    qualifying partial public health restriction

    qualifying partial public health restriction, of an eligible entity for a qualifying period, means that

    • (a) one or more qualifying properties of the eligible entity — or of one or more specified tenants (within the meaning of the definition public health restriction) of the eligible entity — is subject to a partial public health restriction for at least seven days in the qualifying period; and

    • (b) it is reasonable to conclude that at least approximately 50% of the qualifying revenues of the eligible entity — together with the qualifying revenues of any specified tenants of the eligible entity — for the prior reference period were derived from the limited activities. (restrictions sanitaires partielles admissibles)

  • (1) The amount determined by regulation in respect of a qualifying entity for the purposes of clause (b)(iv)(B) of the description of A in subsection 125.7(2) of the Act for a week in a qualifying period is

    • (a) for the seventh qualifying period and the eighth qualifying period, the greater of

      • (i) the amount determined for the week under subparagraph (a)(i) of the description of A in subsection 125.7(2) of the Act, and

      • (ii) the amount determined for the week under subparagraph (a)(ii) of the description of A in subsection 125.7(2) of the Act;

    • (b) for the ninth qualifying period and the tenth qualifying period, the greater of

      • (i) $500, and

      • (ii) the lesser of

        • (A) 55% of baseline remuneration (as defined in subsection 125.7(1) of the Act) in respect of the eligible employee determined for that week, and

        • (B) $573;

    • (c) for any of the eleventh qualifying period to the nineteenth qualifying period, the greater of

      • (i) $500, and

      • (ii) the lesser of

        • (A) 55% of baseline remuneration (as defined in subsection 125.7(1) of the Act) in respect of the eligible employee determined for that week, and

        • (B) $595; and

    • (d) for the twentieth qualifying period and any subsequent qualifying period, nil.

  • Marginal note:Base percentage

    (2) The percentage determined for the purposes of the definition base percentage in subsection 125.7(1) of the Act, in respect of an eligible entity, is, for the twenty-fourth qualifying period and the twenty-fifth qualifying period, the greater of

    • (a) the percentage determined for the eligible entity for the qualifying period under paragraph (l) of the definition base percentage in subsection 125.7(1) of the Act if it were read without the application of this subsection, and

    • (b) the lesser of 75% and the eligible entity’s revenue reduction percentage for the qualifying period, if, for the qualifying period,

      • (i) the eligible entity’s revenue reduction percentage is greater than or equal to 25%, and

      • (ii) one of the following conditions is met:

        • (A) the eligible entity is subject to a qualifying public health restriction, or

        • (B) the eligible entity is subject to a qualifying partial public health restriction.

  • (3) [Repealed, 2021, c. 26, s. 3]

  • (4) [Repealed, 2021, c. 26, s. 3]

  • (5) [Repealed, 2021, c. 26, s. 3]

  • (6) [Repealed, 2021, c. 26, s. 3]

  • (7) [Repealed, 2021, c. 26, s. 3]

  • (8) [Repealed, 2021, c. 26, s. 4]

  • [NOTE: Application provisions are not included in the consolidated text
  • see relevant amending Acts and regulations.]
  • 2020, c. 11, s. 4
  • SOR/2020-160, s. 1
  • SOR/2020-207, s. 2
  • SOR/2020-227, s. 1
  • SOR/2020-243, s. 1
  • SOR/2020-284, s. 2
  • 2021, c. 23, s. 92
  • 2021, c. 26, s. 3
  • 2021, c. 26, s. 4
  • SOR/2021-56, s. 1
  • SOR/2021-206, s. 1
  • SOR/2021-240, s. 1
  • SOR/2022-11, s. 1

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