Income Tax Act — I-3.3 127.49
es described in any of paragraphs (c) to (f) of the definition qualifying mineral activity if the property is used to produce all or substantially all qualifying materials, determined based on the value of all commercial outputs in accordance with subsection (2.2). ( utilisation pour la FTP ) excluded property means any property used in the production of battery cells or modules if the production has benefitted from, or can reasonably be expected to benefit from, support under a contribution agreement with the Government of Canada referred to in section 7300 of the Income Tax Regulations . ( bien exclu ) government assistance has the same meaning as in subsection 127(9). ( aide gouvernementale ) independent engineer or geoscientist means an individual who (a) is a qualified professional engineer or professional geoscientist as defined in subsection 127(9); and (b) is at all times at arm’s length with, independent of, and not employed by, each taxpayer claiming a related CTM investment tax credit. ( ingénieur ou géoscientifique indépendant ) non-CTM use means a use of a property other than a CTM use. ( utilisation autre que pour la FTP ) non-government assistance has the same meaning as in subsection 127(9). ( aide non gouvernementale ) permitted element means hydrogen, carbon, nitrogen, oxygen, phosphorus, sulfur, selenium, sodium, potassium, a halogen or a noble gas. ( élément autorisé ) qualifying material means (a) lithium; (b) cobalt; (c) nickel; (d) copper; (e) rare earth elements; (f) graphite; (g) antimony; (h) gallium; (i) germanium; (j) indium; and (k) scandium. ( matériau admissible ) qualifying mineral activity means (a) the extraction of resources from a mineral deposit or from a tailing pond; (b) a specified mineral processing activity that is performed at a mine site or well site; (c) a specified mineral processing activity that is performed at a location other than a location described in paragraph (b); (d) a recycling activity that is (i) sorting, disassembly or shredding of a recyclable material, or (ii) a material processing activity substantially similar to a specified mineral processing activity; (e) a synthetic graphite activity that is (i) performed during or after the graphitization stage, and (ii) a material processing activity substantially similar to a specified mineral processing activity; or (f) spheronization of graphite or coating of spheronized graphite. ( activité minière admissible ) qualifying taxpayer means a taxable Canadian corporation. ( contribuable admissible ) refurbishment means significant alterations, renovations, improvements or additions to a property to substantially (a) extend its useful life; (b) increase its capacity; or (c) improve its efficiency. ( remise en état ) safe harbour price of a commercial output means the five-year historical average spot price, determined at the end of the taxation year of a taxpayer in which a CTM investment tax credit is deducted in respect of a CTM property, of that output calculated (a) using prices from a recognized commodities exchange; or (b) if prices referred to in paragraph (a) are not available in respect of the output, in accordance with normal and accepted commercial practices in the industry. ( prix au titre de la règle d’exonération ) safe harbour price method , in respect of a CTM property of a taxpayer, means the determination, on an annual basis, of the value of all commercial outputs from the property based on (a) the safe harbour price of the expected commercial outputs from the property if the year for which the determination is made is prior to a year in which the property was used by the taxpayer in commercial production; and (b) the safe harbour price of the actual commercial outputs from the property in a year in which the property was used by the taxpayer in commercial production. ( méthode de détermination du prix au titre de la règle d’exonération ) specified fair market value method , in respect of a CTM property, mean