Income Tax Act — I-3.3 122.1
owers similar to those of the Superintendent, as Tier 1 or Tier 2 capital of a financial institution (as defined by subsection 181(1)); (b) the terms and conditions of the equity have not changed after August 1, 2008; (c) the trust has not issued any equity after October 31, 2006; and (d) the trust does not hold any non-portfolio property other than (i) liabilities of the financial institution, and (ii) shares of the capital stock of the financial institution that were acquired by the trust for the sole purpose of satisfying a right to require the trust to accept, as demanded by a holder of the equity, the surrender of the equity. ( capital innovateur réglementé ) rent from real or immovable properties (a) includes (i) rent or similar payments for the use of, or right to use, real or immovable properties, and (ii) payment for services ancillary to the rental of real or immovable properties and customarily supplied or rendered in connection with the rental of real or immovable properties; but (iii) [Repealed, 2013, c. 34, s. 258] (b) does not include (i) payment for services supplied or rendered, other than those described in subparagraph (a)(ii), to the tenants of such properties, (ii) fees for managing or operating such properties, (iii) payment for the occupation of, use of, or right to use a room in a hotel or other similar lodging facility, or (iv) rent based on profits. ( loyer de biens immeubles ou réels ) security of a particular entity means any right, whether absolute or contingent, conferred by the particular entity or by an entity that is affiliated with the particular entity, to receive, either immediately or in the future, an amount that can reasonably be regarded as all or any part of the capital, of the revenue or of the income of the particular entity, or as interest paid or payable by the particular entity, and for greater certainty includes (a) a liability of the particular entity; (b) if the particular entity is a corporation, (i) a share of the capital stock of the corporation, and (ii) a right to control in any manner whatever the voting rights of a share of the capital stock of the corporation; (c) if the particular entity is a trust, an income or a capital interest in the trust; (d) if the particular entity is a partnership, an interest as a member of the partnership; and (e) a right to, or to acquire, anything described in this paragraph and any of paragraphs (a) to (d). ( titre ) SIFT trust , being a specified investment flow-through trust, for a taxation year means a trust (other than an excluded subsidiary entity, or a real estate investment trust, for the taxation year) that meets the following conditions at any time during the taxation year: (a) the trust is resident in Canada; (b) investments in the trust are listed or traded on a stock exchange or other public market; and (c) the trust holds one or more non-portfolio properties. ( fiducie intermédiaire de placement déterminée ) subject entity means a person or partnership that is (a) a corporation resident in Canada; (b) a trust resident in Canada; (c) a Canadian resident partnership; or (d) a non-resident person, or a partnership that is not described in paragraph (c), the principal source of income of which is one or any combination of sources in Canada. ( entité déterminée ) unaffiliated publicly-traded liability , of an entity at any time means a publicly-traded liability of the entity if, at that time the total fair market value of all publicly-traded liabilities of the entity that are held at that time by persons or partnerships that are not affiliated with the entity is at least 90% of the total fair market value of all publicly-traded liabilities of the entity. ( dette non affiliée transigée publiquement ) Application of subsection (1.2) (1.1) Subsection (1.2) applies to an entity for a taxation year in respect of an amount and another entity (referred to in this subsection and subsection (1.2) as the “parent entity”, “specified amount” a