Industrial and Regional Development Regulations — 2
2 In these Regulations, Act means the Industrial and Regional Development Act ; ( Loi ) applicant means an eligible person or commercial operation that makes an application under the Act; ( requérant ) application means a written request by an applicant to the Minister for assistance under the Act; ( demande ) capital costs means the direct costs of design, acquisition, construction, expansion, modification, conversion, transportation, installation and insurance, during construction, of assets, incurred and paid for by the applicant, and includes the cost of directly related infrastructure development, but does not include (a) the cost of land, (b) costs related to assets that, according to generally accepted accounting principles, would normally be considered a charge against income in the year in which they were acquired, (c) the cost of any motor vehicle unless the vehicle is used primarily on the site, or between two or more sites, of a project or activity receiving assistance under the Act, (d) goodwill, or (e) the cost of any asset to the extent that it exceeds the fair market value of the asset; ( coût d’immobilisation ) commencement of commercial production means the date on which (a) a facility or a part of a facility that has been established, expanded or modernized with assistance under the Act has been utilized for not less than 30 continuous working days in the provision of marketable services or in the production in commercial volume of marketable goods, and (b) assets accounting for more than 50% of the capital costs to which the Minister has contributed, or agreed to contribute, are used in the facility and will continue to be so used for the foreseeable future; ( début de la production commerciale ) control period means a period of 24 months, or such longer period as the Minister may specify in writing, beginning with the commencement of commercial production; ( période de contrôle ) equity means, in relation to an applicant, the aggregate of (a) the applicant’s (i) share capital, (ii) proprietor’s capital accounts, or (iii) partner’s capital accounts, (b) the applicant’s earned, contributed or other surplus, (c) the applicant’s deficit accounts, (d) loans to the applicant by shareholders if the loans are subordinated to all other liabilities for a period specified by the Minister, and (e) where the Minister agrees, loans to the applicant by persons other than shareholders, if the loans are subordinate to all other liabilities for a period specified by the Minister, less any amounts included in paragraphs (a) to (e) that, in the opinion of the Minister, unreasonably inflate net worth; ( avoir propre ) facility means any structure, machine, equipment or other necessary physical component of a commercial operation; ( établissement ) infrastructure development means an activity that provides a framework for the establishment, modernization or expansion of a commercial operation and includes the construction of roads, sewers and water treatment plants; ( développement d’une infrastructure ) manufacturing or processing operation means an operation in which goods, products, commodities or wares are created, fabricated, refined or made more marketable and includes (a) the production of advanced software systems, (b) the processing by roasting, leaching or smelting of mineral concentrates to produce metals, (c) the converting of wood pulp into paperboard or paper, (d) the processing of a material that results in a significant chemical change to the principal component of the material being processed, and (e) the application of biological agents to the processing of materials, through innovative scientific or engineering activities, for the purpose of providing goods and services, but does not include (f) the merchandising of goods, products, commodities or wares unless the merchandising is an integral part of the operation by which they are created, fabricated, refined or made more marketable, (g) the growing, catchin