GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 (a)
repayment period of an individual for a participation period of the individual in respect of a person designated under paragraph (b) of the definition eligible amount means the period, if any, within the participation period (a) that begins (i) at the beginning of the third calendar year within the participation period if, in each of the second and third calendar years within the participation period, (A) for calendar years before 2017, the person would not be entitled to claim an amount under subsection 118.6(2) (as it read in the year) in respect of at least three months in the year, if that subsection were read without reference to paragraph (b) of the description of B in that subsection, and (B) for calendar years after 2016, the person would not be a qualifying student (as defined in subsection 118.6(1)) in respect of at least three months in the year, if that definition were read without reference to its subparagraph (a)(ii), (ii) at the beginning of the fourth calendar year within the participation period if, in each of the third and fourth calendar years within the participation period, (A) for calendar years before 2017, the person would not be entitled to claim an amount under subsection 118.6(2) (as it read in the year) in respect of at least three months in the year, if that subsection were read without reference to paragraph (b) of the description of B in that subsection, and (B) for calendar years after 2016, the person would not be a qualifying student (as defined in subsection 118.6(1)) in respect of at least three months in the year, if that definition were read without reference to its subparagraph (a)(ii), (iii) at the beginning of the fifth calendar year within the participation period if, in each of the fourth and fifth calendar years within the participation period, (A) for calendar years before 2017, the person would not be entitled to claim an amount under subsection 118.6(2) (as it read in the year) in respect of at least three months in the year, if that subsection were read without reference to paragraph (b) of the description of B in that subsection, and (B) for calendar years after 2016, the person would not be a qualifying student (as defined in subsection 118.6(1)) in respect of at least three months in the year, if that definition were read without reference to its subparagraph (a)(ii), and (iv) in any other case, at the beginning of the sixth calendar year within the participation period; and (b) that ends at the end of the participation period. ( période de remboursement )
Income Tax Act — I-3.3 146.1
ied in the notice of revocation, unless the Federal Court of Appeal or a judge thereof, on application made at any time before the determination of an appeal under subsection 172(3), orders otherwise. RESP information (13.1) Every trustee under a registered education savings plan shall, in prescribed form and manner, file with the Minister information returns in respect of the plan. Former Act (14) A reference (a) in this section, in paragraph 60(x) or in subparagraph 241(4)(d)(vii.1) to the Canada Education Savings Act , to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, under that Act includes a reference to Part III.1 of the Department of Human Resources Development Act , or to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, as the case may be, under that Part as it read at the time the reference is relevant; and (b) in clause (2)(g.1)(ii)(B) to an amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to an individual includes a reference to an amount that the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development has approved in writing, before the day on which a Minister is designated for the purposes of that Act, with respect to the individual. Regulations (15) The Governor in Council may make regulations requiring promoters of education savings plans to file information returns in respect of the plans. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 146.1; 1994, c. 7, Sch. II, s. 118; 1997, c. 25, s. 42; 1998, c. 19, s. 38, c. 21, s. 74; 1999, c. 22, s. 62; 2000, c. 12, s. 142; 2001, c. 17, s. 140; 2004, c. 26, s. 21; 2005, c. 19, s. 34, c. 30, s. 10; 2007, c. 29, s. 18, c. 35, s. 45; 2008, c. 28, s. 23; 2010, c. 12, s. 16; 2011, c. 24, s. 48; 2012, c. 31, s. 33; 2013, c. 34, s. 298; 2014, c. 39, s. 51; 2017, c. 33, s. 57 2023, c. 26, s. 39 2024, c. 17, s. 170
Income Tax Act — I-3.3
accumulated income payment under an education savings plan means any amount paid out of the plan, other than a payment described in any of paragraphs (a) and (c) to (e) of the definition trust , to the extent that the amount so paid exceeds the fair market value of any consideration given to the plan for the payment of the amount; ( paiement de revenu accumulé )
Income Tax Act — I-3.3
beneficiary , in respect of an education savings plan, means a person, designated by a subscriber, to whom or on whose behalf an educational assistance payment under the plan is agreed to be paid if the person qualifies under the plan; ( bénéficiaire )
Income Tax Act — I-3.3 (a)
contribution to an education savings plan does not include an amount paid into the plan under or because of (a) the Canada Education Savings Act or a designated provincial program, or (b) any other program that has a similar purpose to a designated provincial program and that is funded, directly or indirectly, by a province (other than an amount paid into the plan by a public primary caregiver in its capacity as subscriber under the plan); ( cotisation )
Income Tax Act — I-3.3 (a)
designated provincial program means (a) a program administered pursuant to an agreement entered into under section 12 of the Canada Education Savings Act , or (b) a program established under the laws of a province to encourage the financing of children’s post-secondary education through savings in registered education savings plans; ( programme provincial désigné )
Income Tax Act — I-3.3
educational assistance payment means any amount, other than a refund of payments, paid out of an education savings plan to or for an individual to assist the individual to further the individual’s education at a post-secondary school level; ( paiement d’aide aux études )
Income Tax Act — I-3.3 (a)
education savings plan means an arrangement entered into between (a) any of the following, namely, (i) an individual (other than a trust), (ii) an individual (other than a trust) and the spouse or common-law partner of the individual, (iii) a public primary caregiver of a beneficiary, (iv) an individual (other than a trust), who is a legal parent of a beneficiary, and the individual’s former spouse or common-law partner, who is also the legal parent of a beneficiary, and (v) the Minister designated for the purposes of the Canada Education Savings Act , and (b) a person (in this definition referred to as the “promoter”) under which the promoter agrees to pay or to cause to be paid educational assistance payments to or for one or more beneficiaries; ( régime d’épargne-études )
Income Tax Act — I-3.3 (a)
post-secondary educational institution means (a) an educational institution in Canada that is described in paragraph (a) of the definition designated educational institution in subsection 118.6(1), or (b) an educational institution outside Canada that provides courses at a post-secondary school level and that is (i) a university, college or other educational institution at which a beneficiary was enrolled in a course of not less than 13 consecutive weeks, or (ii) a university at which a beneficiary was enrolled on a full-time basis in a course of not less than three consecutive weeks; ( établissement d’enseignement postsecondaire )
Income Tax Act — I-3.3
post-secondary school level includes a program of courses, at an institution described in subparagraph (a)(ii) of the definition designated educational institution in subsection 118.6(1), of a technical or vocational nature designed to furnish a person with skills for, or improve a person’s skills in, an occupation; ( niveau postsecondaire )
Income Tax Act — I-3.3
pre-1972 income [Repealed, 1998, c. 19, s. 38(1)]
Income Tax Act — I-3.3
promoter , of an arrangement, means the person described as the promoter in the definition education savings plan ; ( promoteur )
Income Tax Act — I-3.3
public primary caregiver , of a beneficiary under an education savings plan in respect of whom a special allowance is payable under the Children’s Special Allowances Act , means the department, agency or institution that maintains the beneficiary or the public trustee or public curator of the province in which the beneficiary resides; ( responsable public )
Income Tax Act — I-3.3 (a)
qualified investment for a trust governed by a registered education savings plan means (a) an investment that would be described by any of paragraphs (a) to (d), (f) and (g) of the definition qualified investment in section 204 if the reference in that definition to “a trust governed by a deferred profit sharing plan or revoked plan” were read as a reference to “a trust governed by a registered education savings plan” and if that definition were read without reference to the words “with the exception of excluded property in relation to the trust”, (b) [Repealed, 2007, c. 29, s. 18] (c) a contract for an annuity issued by a licensed annuities provider where (i) the trust is the only person who, disregarding any subsequent transfer of the contract by the trust, is or may become entitled to any annuity payments under the contract, and (ii) the holder of the contract has a right to surrender the contract at any time for an amount that would, if reasonable sales and administration charges were ignored, approximate the value of funds that could otherwise be applied to fund future periodic payments under the contract, (d) an investment that was acquired by the trust before October 28, 1998, and (e) a prescribed investment; ( placement admissible )
Income Tax Act — I-3.3
qualifying educational program means a program at a post-secondary school level of not less than three consecutive weeks duration that requires that each student taking the program spend not less than ten hours per week on courses or work in the program; ( programme de formation admissible )
Income Tax Act — I-3.3 (a)
refund of payments at any time under a particular registered education savings plan means (a) a refund at that time of a contribution that had been made at a previous time, if the contribution was made (i) otherwise than by way of a transfer from another registered education savings plan, and (ii) into the particular plan by or on behalf of a subscriber under the particular plan, or (b) a refund at that time of an amount that was paid at a previous time into the particular plan by way of a transfer from another registered education savings plan, where the amount would have been a refund of payments under the other plan if it had been paid at the previous time directly to a subscriber under the other plan; ( remboursement de paiements )
Income Tax Act — I-3.3 (a)
registered education savings plan or RESP means (a) an education savings plan registered for the purposes of this Act, or (b) a registered education savings plan as it is amended from time to time but, except for the purposes of subsections 146.1(7) and 146.1(7.1) and Part X.4, a plan ceases to be a registered education savings plan immediately after the day as of which its registration is revoked under subsection 146.1(13); ( régime enregistré d’épargne-études )
Income Tax Act — I-3.3
RESP annual limit [Repealed, 2007, c. 29, s. 18]
Income Tax Act — I-3.3
specified educational program means a program at a post-secondary school level of not less than three consecutive weeks duration that requires each student taking the program to spend not less than 12 hours per month on courses in the program; ( programme de formation déterminé )
Income Tax Act — I-3.3 (a)
specified plan means an education savings plan (a) that does not allow more than one beneficiary under the plan at any one time, (b) under which the beneficiary is an individual in respect of whom paragraphs 118.3(1)(a) to (b) apply for the beneficiary’s taxation year that ends in the 31st year following the year in which the plan was entered into, and (c) that provides that, at all times after the end of the 35th year following the year in which the plan was entered into, no other individual may be designated as a beneficiary under the plan; ( régime déterminé )
Income Tax Act — I-3.3 (a)
subscriber under an education savings plan at any time means (a) each individual or the public primary caregiver with whom the promoter of the plan enters into the plan, (a.1) another individual or another public primary caregiver who has before that time, under a written agreement, acquired a public primary caregiver’s rights as a subscriber under the plan, (b) an individual who has before that time acquired a subscriber’s rights under the plan pursuant to a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a division of property between the individual and a subscriber under the plan in settlement of rights arising out of, or on the breakdown of, their marriage or common-law partnership, (c) after the death of an individual described in any of paragraphs (a) to (b), any other person (including the estate of the deceased individual) who acquires the individual’s rights as a subscriber under the plan or who makes contributions into the plan in respect of a beneficiary, or (d) the Minister designated for the purposes of the Canada Education Savings Act , if that Minister entered into the plan with a promoter but does not include an individual or a public primary caregiver whose rights as a subscriber under the plan had, before that time, been acquired by an individual or public primary caregiver in the circumstances described in paragraph (a.1) or (b); ( souscripteur )
Income Tax Act — I-3.3
tax-paid income [Repealed, 1998, c. 19, s. 38(1)]
Income Tax Act — I-3.3 (a)
trust , except in this definition and the definition education savings plan , means any person who irrevocably holds property under an education savings plan for any of, or any combination of, the following purposes: (a) the payment of educational assistance payments, (b) the payment after 1997 of accumulated income payments, (c) the refund of payments, (c.1) the repayment of amounts (and the payment of amounts related to that repayment) under the Canada Education Savings Act or under a designated provincial program, (d) the payment to, or to a trust in favour of, designated educational institutions in Canada referred to in subparagraph (a)(i) of the definition of that expression in subsection 118.6(1), or (e) the payment to a trust that irrevocably holds property pursuant to a registered education savings plan for any of the purposes set out in paragraphs (a) to (d). ( fiducie )
Income Tax Act — I-3.3 146.2
t’s income for its first taxation year, if any, that begins after the exemption-end time the amount determined by the formula D − E − F where D is the sum of the fair market value of all of the property held by the trust at the exemption-end time the total of all payments made out of or under the trust after the holder’s death and at or before the exemption-end time, E is the sum of (i) the total of all amounts each of which is an amount determined for B in paragraph (b), and (ii) the total of all amounts included in a taxpayer’s income under paragraph (b) in respect of the trust, and F is the fair market value of all of the property held by the trust immediately before the holder’s death. Annuity contract ceasing to be a TFSA (10) If an annuity contract ceases, at a particular time, to be a TFSA, (a) the holder of the TFSA is deemed to have disposed of the contract immediately before the particular time for proceeds equal to its fair market value immediately before the particular time; (b) the contract is deemed to be a separate annuity contract issued and effected at the particular time otherwise than pursuant to or as a TFSA; and (c) each person who has an interest or, for civil law, a right in the separate annuity contract at the particular time is deemed to acquire the interest at the particular time at a cost equal to its fair market value at the particular time. Deposit ceasing to be a TFSA (11) If a deposit ceases, at a particular time, to be a TFSA, (a) the holder of the TFSA is deemed to have disposed of the deposit immediately before the particular time for proceeds equal to its fair market value immediately before the particular time; and (b) each person who has an interest or, for civil law, a right in the deposit at the particular time is deemed to acquire the interest at the particular time at a cost equal to its fair market value at the particular time. Arrangement is TFSA only (12) An arrangement that is a qualifying arrangement at the time it is entered into is deemed not to be a retirement savings plan, an education savings plan, a retirement income fund or a disability savings plan. Regulations (13) The Governor in Council may make regulations requiring issuers of TFSAs to file information returns in respect of TFSAs. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 146.2; 2008, c. 28, s. 24; 2009, c. 2, s. 53; 2010, c. 25, s. 35; 2013, c. 34, s. 299 2019, c. 29, s. 29 2023, c. 26, s. 40 2026, c. 3, s. 67
Income Tax Act — I-3.3
distribution under an arrangement of which an individual is the holder means a payment out of or under the arrangement in satisfaction of all or part of the holder’s interest in the arrangement. ( distribution )
Income Tax Act — I-3.3 (a)
holder of an arrangement means (a) until the death of the individual who entered into the arrangement with the issuer, the individual; (b) at and after the death of the individual, the individual’s survivor, if the survivor acquires (i) all of the individual’s rights as the holder of the arrangement, and (ii) to the extent it is not included in the rights described in subparagraph (i), the unconditional right to revoke any beneficiary designation made, or similar direction imposed, by the individual under the arrangement or relating to property held in connection with the arrangement; and (c) at and after the death of a holder described in paragraph (b) or in this paragraph, the holder’s survivor, if the survivor acquires (i) all of the holder’s rights as the holder of the arrangement, and (ii) to the extent it is not included in the rights described in subparagraph (i), the unconditional right to revoke any beneficiary designation made, or similar direction imposed, by the holder under the arrangement or relating to property held in connection with the arrangement. ( titulaire )
Income Tax Act — I-3.3
issuer of an arrangement means the person described as the issuer in the definition qualifying arrangement . ( émetteur )
Income Tax Act — I-3.3 (a)
qualifying arrangement , at a particular time, means an arrangement (a) that is entered into after 2008 between a person (in this definition referred to as the “issuer”) and an individual (other than a trust) who is at least 18 years of age; (b) that is (i) an arrangement in trust with an issuer that is a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee, (ii) an annuity contract with an issuer that is a licensed annuities provider, or (iii) a deposit with an issuer that is (A) a person who is, or is eligible to become, a member of the Canadian Payments Association, or (B) a credit union that is a shareholder or member of a body corporate referred to as a “central” for the purposes of the Canadian Payments Act ; (c) that provides for contributions to be made under the arrangement to the issuer in consideration of, or to be used, invested or otherwise applied for the purpose of, the issuer making distributions under the arrangement to the holder; (d) under which the issuer and the individual agree, at the time the arrangement is entered into, that the issuer will file with the Minister an election to register the arrangement as a TFSA; and (e) that, at all times throughout the period that begins at the time the arrangement is entered into and that ends at the particular time, complies with the conditions in subsection (2). ( arrangement admissible )
Income Tax Act — I-3.3
survivor of an individual means another individual who is, immediately before the individual’s death, a spouse or common-law partner of the individual. ( survivant )
Income Tax Act — I-3.3 146.3
ant in accordance with this subsection if the amount (a) is transferred on behalf of an individual who is a spouse or common-law partner or former spouse or common-law partner of the annuitant and who is entitled to the amount under a decree, an order or a judgment of a competent tribunal, or under a written agreement, that relates to a division of property between the annuitant and the individual in settlement of rights that arise out of, or on a breakdown of, their marriage or common-law partnership; and (b) is transferred directly to (i) a registered retirement income fund under which the individual is the annuitant, or (ii) a registered retirement savings plan under which the individual is the annuitant (within the meaning assigned by subsection 146(1)). Transfer to PRPP or RPP (14.1) An amount is transferred from a registered retirement income fund of an annuitant in accordance with this subsection if the amount (a) is transferred at the direction of the annuitant directly to an account of the annuitant under a pooled registered pension plan; (b) is transferred at the direction of the annuitant directly to a registered pension plan of which, at any time before the transfer, the annuitant was a member (as defined in subsection 147.1(1)) or to a specified pension plan and is allocated to the annuitant under a money purchase provision (as defined in subsection 147.1(1)) of the plan; or (c) is transferred at the direction of the annuitant directly to a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the annuitant. Taxation of amount transferred (14.2) An amount transferred on behalf of an individual in accordance with paragraph (2)(e) or subsection (14) or (14.1) (a) is not, solely because of that transfer, to be included in computing the income of any taxpayer; and (b) is not to be deducted in computing the income of any taxpayer. Credited or added amount deemed not received (15) Where (a) an amount is credited or added to a deposit with a depositary referred to in paragraph (d) of the definition carrier in subsection 146.3(1) as interest or income in respect of the deposit, (b) the deposit is a registered retirement income fund at the time the amount is credited or added to the deposit, and (c) during the calendar year in which the amount is credited or added or during the preceding calendar year, the annuitant under the fund was alive, the amount shall be deemed not to be received by the annuitant or any other person solely because of the crediting or adding. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 146.3; 1994, c. 7, Sch. II, s. 119, Sch. VIII, s. 84, c. 21, s. 71; 1998, c. 19, s. 171; 2000, c. 12, ss. 136, 142; 2001, c. 17, s. 141; 2003, c. 15, s. 83; 2007, c. 29, s. 19; 2009, c. 2, s. 54; 2011, c. 24, s. 49; 2012, c. 31, s. 34; 2013, c. 34, s. 300; 2015, c. 36, s. 15 2020, c. 5, s. 4 2021, c. 23, s. 32 2022, c. 19, s. 30 2023, c. 26, s. 41 2024, c. 17, s. 50(F)