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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

 Part XXX of the Regulations, as amended by section 104, is repealed.

  •  (1) Paragraph 4600(1)(b) of the Regulations is replaced by the following:

    • (b) that is included or would, but for Class 28, 41, 41.1 or 41.2 in Schedule II, be included in paragraph (g) of Class 10 in Schedule II.

  • (2) Paragraph 4600(2)(j) of the Regulations is replaced by the following:

    • (j) a property included in Class 28, in paragraph (a), (a.1), (a.2) or (a.3) of Class 41 or in Class 41.1 or 41.2 in Schedule II that would, but for Class 28, 41, 41.1 or 41.2, as the case may be, be included in paragraph (k) or (r) of Class 10 of Schedule II;

  • (3) Subsections (1) and (2) apply to property acquired after March 20, 2013.

  •  (1) The headings before section 4900 of the Regulations are replaced by the following:

    PART XLIXREGISTERED PLANS  —  INVESTMENTS

  • (2) Subsection (1) is deemed to have come into force on March 23, 2011.

  •  (1) Section 4900 of the Regulations is amended by adding the following after subsection (14):

    • (15) For the purposes of the definition “prohibited investment” in subsection 207.01(1) of the Act, property that is a qualified investment for a trust governed by a RRIF, RRSP or TFSA solely because of subsection (14) is prescribed property for the trust at any time if, at that time, the property is not described in any of subparagraphs (14)(a)(i) to (iii).

  • (2) Subsection (1) is deemed to have come into force on March 23, 2011.

  •  (1) Part L of the Regulations is repealed.

  • (2) Subsection (1) is deemed to have come into force on March 23, 2011.

 The portion of the definition “gross cost” in section 5204 of the Regulations after paragraph (b) is replaced by the following:

and, for the purposes of paragraph (a), if the partnership acquired the property from a person who was a majority-interest partner of the partnership immediately after the property was acquired, the capital cost to the partnership of the property is to be computed as if the property had been acquired at a capital cost equal to the gross cost to the person of the property, except that if the property was partnership property on December 31, 1971, its gross cost is its capital cost to the partnership as determined under subsection 20(3) or (5) of the Income Tax Application Rules. (coût brut)

  •  (1) Section 5600 of the Regulations is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (c):

    • (d) the distribution by Fiat S.p.A., on January 1, 2011 to its common shareholders, of common shares of Fiat Industrial S.p.A;

    • (e) the distribution by Foster’s Group Limited, on May 9, 2011 to its common shareholders, of common shares of Treasury Wine Estates Limited; and

    • (f) the distribution by Telecom Corporation of New Zealand Limited, on November 30, 2011 to its common shareholders, of common shares of Chorus Limited.

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

 The Regulations are amended by adding the following before section 6501:

6500. For the purposes of paragraph 241(4)(j.2) of the Act, the following are prescribed laws of the Province of Quebec:

  • (aAn Act respecting the Québec Pension Plan, R.S.Q., c. R-9; and

  • (bIndividual and Family Assistance Act, R.S.Q., c. A-13.1.1, as it relates to the additional amounts for dependent children.

  •  (1) The Regulations are amended by adding the following after section 6701:

    6701.1 Notwithstanding section 6701, a corporation that applies after March 20, 2013 for registration under a provincial act listed in that section is not a prescribed labour-sponsored venture capital corporation for the purposes of the definition “approved share” in subsection 127.4(1) of the Act and the definition “eligible investment” in subsection 204.8(1) of the Act.

  • (2) Subsection (1) is deemed to have come into force on March 21, 2013.

  •  (1) Section 8200.1 of the Regulations is replaced by the following:

    8200.1 For the purposes of subsection 13(18.1), the definition “Canadian renewable and conservation expense” in subsection 66.1(6) and subparagraph 241(4)(d)(vi.1) of the Act, “prescribed energy conservation property” means property described in Class 43.1 or 43.2 in Schedule II.

  • (2) Subsection (1) is deemed to have come into force on December 21, 2012.

  •  (1) The portion of subsection 8900(1) of the Regulations before paragraph (a) is replaced by the following:

    • 8900. (1) For the purposes of subparagraph 110(1)(f)(iii) and paragraph 126(3)(a) of the Act, the following international organizations are prescribed:

  • (2) Subsection (1) applies to the 2013 and subsequent taxation years.

  •  (1) The portion of Class 10 in Schedule II to the Regulations after paragraph (f.2) and before paragraph (g) is replaced by the following:

    and property (other than property included in Class 41, 41.1 or 41.2 or property included in Class 43 that is described in paragraph (b) of that Class) that would otherwise be included in another Class in this Schedule, that is

  • (2) Subsection (1) applies to property acquired after March 20, 2013.

  •  (1) The portion of Class 41 in Schedule II to the Regulations before paragraph (a) is replaced by the following:

    Property (other than property included in Class 41.1 or 41.2)

  • (2) Subsection (1) applies to property acquired after March 20, 2013.

  •  (1) Schedule II to the Regulations is amended by adding the following after Class 41.1:

    Class 41.2

     

    Property, other than an oil sands property or eligible mine development property,

    • (a) that is acquired by a taxpayer after March 20, 2013 and before 2021 and that, if acquired on March 20, 2013, would be included in paragraph (a) or (a.1) of Class 41; or

    • (b) that is acquired by a taxpayer after 2020 and that, if acquired on March 20, 2013, would be included in paragraph (a) or (a.1) of Class 41.

  • (2) Subsection (1) is deemed to have come into force on March 21, 2013.

  •  (1) Subparagraph (d)(viii) of Class 43.1 in Schedule II to the Regulations is replaced by the following:

    • (viii) equipment used by the taxpayer, or by a lessee of the taxpayer, primarily for the purpose of collecting landfill gas or digester gas, including such equipment that consists of piping (including above or below ground piping and the cost of drilling a well, or trenching, for the purpose of installing that piping), fans, compressors, storage tanks, heat exchangers and related equipment used to collect gas, to remove non-combustibles and contaminants from the gas or to store the gas, but not including property otherwise included in Class 10 or 17,

  • (2) The portion of subparagraph (d)(xiii) of Class 43.1 in Schedule II to the Regulations before clause (A) is replaced by the following:

    • (xiii) property that is part of a system that is used by the taxpayer, or by a lessee of the taxpayer, primarily to produce and store biogas, including equipment that is an anaerobic digester reactor, a buffer tank, a pre-treatment tank, biogas piping, a fan, a compressor, a heat exchanger, a biogas storage tank and equipment used to remove non-combustibles and contaminants from the gas, but not including

  • (3) Subsections (1) and (2) apply in respect of property acquired after March 20, 2013 that has not been used or acquired for use before March 21, 2013.

Coordinating Amendment

Marginal note:2012, c. 31

 If this Act receives royal assent on or before January 1, 2014, then subsection 9(5) of the Jobs and Growth Act, 2012 is deemed never to have come into force and is repealed.

PART 2R.S., c. E-15EXCISE TAX ACT

  •  (1) The Excise Tax Act is amended by adding the following after section 285:

    Marginal note:Definitions
    • 285.01 (1) The following definitions apply in this section.

      “electronic cash register”

      « caisse enregistreuse électronique »

      “electronic cash register” means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data or any other electronic point-of-sale system.

      “electronic suppression of sales device”

      « appareil de suppression électronique des ventes »

      “electronic suppression of sales device” means

      • (a) a software program that falsifies the records of electronic cash registers, including transaction data and transaction reports; or

      • (b) a hidden programming option, whether preinstalled or installed at a later time, embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that

        • (i) may be used to create a virtual second till, or

        • (ii) may eliminate or manipulate transaction records, which may or may not be preserved in digital formats, in order to represent the actual or manipulated record of transactions in the electronic cash register.

    • Marginal note:Penalty  —  use

      (2) Every person that uses, or that knowingly, or under circumstances attributable to neglect, carelessness or wilful default, participates in, assents to or acquiesces in the use of, an electronic suppression of sales device or a similar device or software in relation to records that are required to be kept by any person under section 286 is liable to a penalty of

      • (a) unless paragraph (b) applies, $5,000; or

      • (b) $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this section or section 163.3 of the Income Tax Act.

    • Marginal note:Penalty  — possession

      (3) Every person that acquires or possesses an electronic suppression of sales device or a right in respect of an electronic suppression of sales device that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 286 is liable to a penalty of

      • (a) unless paragraph (b) applies, $5,000; or

      • (b) $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this section or section 163.3 of the Income Tax Act.

    • Marginal note:Penalty  — manufacturing or making available

      (4) Every person that designs, develops, manufactures, possesses for sale, offers for sale, sells, transfers or otherwise makes available to another person, or that supplies installation, upgrade or maintenance services for, an electronic suppression of sales device that is, or is intended to be, capable of being used in relation to records that are required to be kept by any person under section 286 is liable to a penalty of

      • (a) unless paragraph (b) or (c) applies, $10,000;

      • (b) unless paragraph (c) applies, $50,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under subsection (2) or (3) or subsection 163.3(2) or (3) of the Income Tax Act; or

      • (c) $100,000 if the action of the person occurs after the Minister has assessed a penalty payable by the person under this subsection or subsection 163.3(4) of the Income Tax Act.

    • Marginal note:Limitation

      (5) Despite section 296, if at any time the Minister assesses a penalty payable by a person under this section, the Minister is not to assess, at or after that time, another penalty payable by the person under this section that is in respect of an action of the person that occurred before that time.

    • Marginal note:Certain defences not available

      (6) Except as otherwise provided in subsection (7), a person does not have a defence in relation to a penalty assessed under this section by reason that the person exercised due diligence to prevent the action from occurring.

    • Marginal note:Diligence

      (7) A person is not liable for a penalty under subsection (3) or (4) in respect of an action of the person if the person exercised the degree of care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances to prevent the action from occurring.

    • Marginal note:Assessment vacated

      (8) For the purposes of this section, if an assessment of a penalty under this section is vacated, the penalty is deemed to have never been assessed.

  • (2) Subsection (1) comes into force on the later of the day on which this Act receives royal assent and January 1, 2014.

 
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