Income Tax Act — I-3.3 118.041
Definitions 118.041 (1) The following definitions apply in this section. eligible dwelling of an individual, at any time in a taxation year, means a housing unit (including the land subjacent to the housing unit and the immediately contiguous land, but not including the portion of that land that exceeds the greater of ½ hectare and the portion of that land that the individual establishes is necessary for the use and enjoyment of the housing unit as a residence) located in Canada if (a) the individual (or a trust under which the individual is a beneficiary) owns — whether jointly with another person or otherwise — at that time, the housing unit or a share of the capital stock of a cooperative housing corporation acquired for the sole purpose of acquiring the right to inhabit the housing unit owned by the corporation; and (b) the housing unit is ordinarily inhabited, or is reasonably expected to be ordinarily inhabited, at any time in the taxation year (i) by the individual, if the individual is a qualifying individual, or (ii) by the individual and a qualifying individual, if (A) the individual is an eligible individual in respect of the qualifying individual, and (B) the qualifying individual does not, throughout the taxation year, own — whether jointly with another person or otherwise — and ordinarily inhabit another housing unit in Canada. ( logement admissible ) eligible individual , in respect of a qualifying individual for a taxation year, means (a) an individual who is the qualifying individual’s spouse or common-law partner in the year; (b) except if paragraph (c) applies, an individual who is entitled to deduct an amount under subsection 118.3(2) for the year in respect of the qualifying individual or would be if no amount was claimed for the year by the qualifying individual under subsection 118.3(1) or by the qualifying individual’s spouse or common-law partner under section 118.8; or (c) in the case of a qualifying individual who has attained the age of 65 before the end of the year, an individual who (i) claimed for the year a deduction under subsection 118(1) in respect of the qualifying individual because of (A) paragraph (b) of the description of B in that subsection, or (B) paragraph (d) of the description of B in that subsection where the qualifying individual is a parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew or niece of the individual, or of the individual’s spouse or common-law partner, or (ii) could have claimed for the year a deduction referred to in subparagraph (i) in respect of the qualifying individual if (A) the qualifying individual had no income for the year, (B) in the case of a deduction referred to in clause (i)(A), the individual were not married and not in a common-law partnership, and (C) in the case of a deduction under subsection 118(1) because of paragraph (d) of the description of B in that subsection in respect of a qualifying individual who is a dependant (within the meaning of subsection 118(6)) of the individual, the qualifying individual was dependent on the individual because of mental or physical infirmity. ( particulier admissible ) individual does not include a trust. ( particulier ) qualifying expenditure of an individual means an outlay or expense that is made or incurred, during a taxation year, that is directly attributable to a qualifying renovation — of an eligible dwelling of a qualifying individual or an eligible individual in respect of a qualifying individual — and that is the cost of goods acquired or services received during the year and includes an outlay or expense for permits required for, or for the rental of equipment used in the course of, the qualifying renovation, but does not include an outlay or expense (a) to acquire a property that can be used independently of the qualifying renovation; (b) that is the cost of annual, recurring or routine repair or maintenance; (c) to acquire a household appliance; (d) to acquire an electroni