GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 64
re mental impairment or a severe and prolonged impairment that markedly restricts the use of the taxpayer’s arms or legs, for the cost of medical expenses described in subparagraphs 118.2(2)(l)(i) to (iv) if the references in those subparagraphs to the “patient” were read as references to the “taxpayer”, (iii) is evidenced by one or more receipts filed with the Minister each of which was issued by the payee and contains, where the payee is an individual who is a person referred to in clause (ii)(J), that individual’s Social Insurance Number, and (iv) is not included in computing a deduction under section 118.2 for any taxpayer for any taxation year, and B is the total of all amounts each of which is the amount of a reimbursement or any other form of assistance (other than prescribed assistance or an amount that is included in computing a taxpayer’s income and that is not deductible in computing the taxpayer’s taxable income) that any taxpayer is or was entitled to receive in respect of an amount included in computing the value of A, and (b) the total of (i) the total of all amounts each of which is (A) an amount included under section 5, 6 or 7 or paragraph 56(1)(n), (o) or (r) in computing the taxpayer’s income for the year, or (B) the taxpayer’s income for the year from a business carried on either alone or as a partner actively engaged in the business, and (ii) where the taxpayer is in attendance at a designated educational institution or a secondary school at which the taxpayer is enrolled in an educational program, the least of (A) $15,000, (B) $375 times the number of weeks in the year during which the taxpayer is in attendance at the institution or school, and (C) the amount, if any, by which the amount that would, if this Act were read without reference to this section, be the taxpayer’s income for the year exceeds the total determined under subparagraph (i) in respect of the taxpayer for the year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 64; 1994, c. 7, Sch. II, s. 37; 1996, c. 23, s. 174; 1998, c. 19, s. 11; 2000, c. 12, s. 142; 2001, c. 17, s. 43; 2005, c. 19, s. 15; 2006, c. 4, s. 53; 2007, c. 2, s. 9 2026, c. 3, s. 12
Income Tax Act — I-3.3 64.01
COVID-19 – disability supports deduction 64.01 For the purpose of applying section 64 in respect of a taxpayer for the 2020 or 2021 taxation year, (a) the description of A in paragraph 64(a) is to be read without reference to its subparagraph (i) if at any time in the year the taxpayer was entitled to an amount referred to in subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(r), in respect of the year; and (b) clause 64(b)(i)(A) is to be read as follows: (A) an amount included under section 5, 6 or 7, subparagraph 56(1)(a)(iv) or (vii) or paragraph 56(1)(n), (o) or (r) in computing the taxpayer’s income for the year, or [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2021, c. 23, s. 11
Income Tax Act — I-3.3 64.1
Individuals absent from Canada 64.1 In applying sections 63 and 64 in respect of a taxpayer who is, throughout all or part of a taxation year, absent from but resident in Canada, the following rules apply for the year or that part of the year, as the case may be: (a) the definition child care expense in subsection 63(3), and section 64, shall be read without reference to the words “in Canada”; (b) subsection 63(1) and section 64 shall be read without reference to the words “and contains, where the payee is an individual, that individual’s Social Insurance Number”, if the payment referred to in that subsection or section, as the case may be, is made to a person who is not resident in Canada; and (c) paragraph (b) of the definition child care expense in subsection 63(3) shall be read as if the word “person” were substituted for the words “resident of Canada” where they appear therein. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 64.1; 1999, c. 22, s. 19
Income Tax Act — I-3.3 65
Allowance for oil or gas well, mine or timber limit 65 (1) There may be deducted in computing a taxpayer’s income for a taxation year such amount as an allowance, if any, in respect of (a) a natural accumulation of petroleum or natural gas, oil or gas well, mineral resource or timber limit, (b) the processing of ore (other than iron ore or tar sands) from a mineral resource to any stage that is not beyond the prime metal stage or its equivalent, (c) the processing of iron ore from a mineral resource to any stage that is not beyond the pellet stage or its equivalent, or (d) the processing of tar sands from a mineral resource to any stage that is not beyond the crude oil stage or its equivalent as is allowed to the taxpayer by regulation. Regulations (2) For greater certainty it is hereby declared that, in the case of a regulation made under subsection 65(1) allowing to a taxpayer an amount in respect of a natural accumulation of petroleum or natural gas, an oil or gas well or a mineral resource or in respect of the processing of ore, (a) there may be allowed to the taxpayer by that regulation an amount in respect of any or all (i) natural accumulations of petroleum or natural gas, oil or gas wells or mineral resources in which the taxpayer has any interest or, for civil law, right, or (ii) processing operations described in any of paragraphs 65(1)(b), (c) and (d) that are carried on by the taxpayer; and (b) notwithstanding any other provision contained in this Act, the Governor in Council may prescribe the formula by which the amount that may be allowed to the taxpayer by that regulation shall be determined. Lessee’s share of allowance (3) Where a deduction is allowed under subsection 65(1) in respect of a coal mine operated by a lessee, the lessor and lessee may agree as to what portion of the allowance each may deduct and, in the event that they cannot agree, the Minister may fix the portions. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 65; 2013, c. 34, s. 110
Income Tax Act — I-3.3 66
ember or former member; or (b) all or part of an amount renounced to the corporation under subsection 66(12.6), 66(12.601) or 66(12.62). Lithium brine well (21) For the purposes of paragraph (f) of the definition Canadian exploration expense in subsection 66.1(6) and paragraphs (c.2) and (d) of the definition Canadian development expense in subsection 66.2(5), (a) a mine includes a well for the extraction of material from a lithium brine deposit; (b) all wells of a taxpayer for the extraction of material from one or more lithium brine deposits, the material produced from which is sent to the same plant for processing, are deemed to be one mine of the taxpayer; and (c) all wells of a taxpayer for the extraction of material from one or more lithium brine deposits that the Minister, in consultation with the Minister of Natural Resources, determines constitute one project, are deemed to be one mine of the taxpayer. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 66; 1994, c. 7 Sch. II, s. 38, c. 8, s. 5, c. 21, s. 28; 1995, c. 21, s. 21; 1997, c. 25, s. 13; 1998, c. 19, s. 104; 2001, c. 17, s. 44; 2003, c. 28, s. 4; 2007, c. 35, s. 19; 2010, c. 25, s. 12; 2011, c. 24, s. 13; 2013, c. 34, ss. 111, 199, c. 40, s. 30; 2017, c. 33, s. 19 2021, c. 23, s. 12 2022, c. 19, s. 7 2024, c. 15, s. 12 2024, c. 17, s. 14 2026, c. 3, s. 13
Income Tax Act — I-3.3 (a)
agreed portion in respect of a corporation that was a shareholder corporation of a joint exploration corporation means such amount as may be agreed on between the joint exploration corporation and the shareholder corporation not exceeding (a) the total of all amounts each of which is a payment or loan referred to in paragraph (b) of the definition shareholder corporation in this subsection 66(15) except to the extent that the payment or loan was made by a shareholder corporation that was not a Canadian corporation and was used by the joint exploration corporation to acquire a Canadian resource property after December 11, 1979 from a shareholder corporation that was not a Canadian corporation) made by the shareholder corporation to the joint exploration corporation during the period it was a shareholder corporation of the joint exploration corporation, minus (b) the total of the amounts, if any, previously renounced by the joint exploration corporation under any of subsections 66(10) to 66(10.3) in favour of the shareholder corporation; ( partie convenue )
Income Tax Act — I-3.3
assistance means any amount, other than a prescribed amount or an excluded loan as defined in subsection 12(11), received or receivable at any time from a person or government, municipality or other public authority whether the amount is by way of a grant, subsidy, rebate, forgivable loan, deduction from royalty or tax, rebate of royalty or tax, investment allowance or any other form of assistance or benefit; ( montant à titre d’aide )
Income Tax Act — I-3.3 (a)
Canadian exploration and development expenses incurred by a taxpayer means any expense incurred before May 7, 1974 that is (a) any drilling or exploration expense, including any general geological or geophysical expense, incurred by the taxpayer after 1971 on or in respect of exploring or drilling for petroleum or natural gas in Canada, (b) any prospecting, exploration or development expense incurred by the taxpayer after 1971 in searching for minerals in Canada, (c) the cost to the taxpayer of any Canadian resource property acquired by the taxpayer after 1971, (d) the taxpayer’s share of the Canadian exploration and development expenses incurred after 1971 by any association, partnership or syndicate in a fiscal period thereof, if at the end of that fiscal period the taxpayer was a member or partner thereof, (e) any expense incurred by the taxpayer after 1971 pursuant to an agreement with a corporation under which the taxpayer incurred the expense solely in consideration for shares of the capital stock of the corporation issued to the taxpayer by the corporation or any interest in such shares or right thereto, to the extent that the expense was incurred as or on account of the cost of (i) drilling or exploration activities, including any general geological or geophysical activities, in or in respect of exploring or drilling for petroleum or natural gas in Canada, (ii) prospecting, exploration or development activities in searching for minerals in Canada, or (iii) acquiring a Canadian resource property, and (f) any annual payment made by the taxpayer for the preservation of a Canadian resource property, but, for greater certainty, does not include (g) any consideration given by the taxpayer for any share or any interest therein or right thereto, except as provided by paragraph (e), or (h) any expense described in paragraph (e) incurred by another taxpayer to the extent that the expense was, by virtue of that paragraph, a Canadian exploration and development expense of that other taxpayer; ( frais d’exploration et d’aménagement au Canada )
Income Tax Act — I-3.3 (a)
Canadian resource property of a taxpayer means any property of the taxpayer that is (a) any right, licence or privilege to explore for, drill for or take petroleum, natural gas or related hydrocarbons in Canada, (b) any right, licence or privilege to (i) store underground petroleum, natural gas or related hydrocarbons in Canada, or (ii) prospect, explore, drill or mine for minerals in a mineral resource in Canada other than a bituminous sands deposit or an oil shale deposit, (c) any oil or gas well in Canada or any real property or immovable in Canada the principal value of which depends on its petroleum, natural gas or related hydrocarbon content (not including any depreciable property), (d) any right to a rental or royalty computed by reference to the amount or value of production from an oil or a gas well in Canada, or from a natural accumulation of petroleum, natural gas or a related hydrocarbon in Canada, if the payer of the rental or royalty has an interest in, or for civil law a right in, the well or accumulation, as the case may be, and 90% or more of the rental or royalty is payable out of, or from the proceeds of, the production from the well or accumulation, (e) any right to a rental or royalty computed by reference to the amount or value of production from a mineral resource in Canada, other than a bituminous sands deposit or an oil shale deposit, if the payer of the rental or royalty has an interest in, or for civil law a right in, the mineral resource and 90% or more of the rental or royalty is payable out of, or from the proceeds of, the production from the mineral resource, (f) any real property or immovable in Canada (not including any depreciable property) the principal value of which depends on its mineral resource content other than where the mineral resource is a bituminous sands deposit or an oil shale deposit, (g) any right to or interest in — or, for civil law, any right to or in — any property described in any of paragraphs (a) to (e), other than a right or an interest that the taxpayer has because the taxpayer is a beneficiary under a trust or a member of a partnership, or (h) an interest in real property described in paragraph (f) or a real right in an immovable described in that paragraph, other than an interest or a right that the taxpayer has because the taxpayer is a beneficiary under a trust or a member of a partnership; ( avoir minier canadien )
Income Tax Act — I-3.3 (a)
drilling or exploration expense incurred on or in respect of exploring or drilling for petroleum or natural gas includes any expense incurred on or in respect of (a) drilling or converting a well for the disposal of waste liquids from a petroleum or natural gas well, (b) drilling for water or gas for injection into a petroleum or natural gas formation, or (c) drilling or converting a well for the injection of water or gas to assist in the recovery of petroleum or natural gas from another well; ( frais d’exploration ou de forage )
Income Tax Act — I-3.3 (a)
expense , incurred before a particular time by a taxpayer, (a) includes an amount designated by the taxpayer at that time under paragraph 98(3)(d) or (5)(d) of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952, as a cost in respect of property that is a Canadian resource property or a foreign resource property, but (b) for greater certainty, does not include any amount paid or payable (i) as consideration for services to be rendered after that time, or (ii) as, on account or in lieu of payment of, or in satisfaction of, rent in respect of a period after that time; ( dépenses )
Income Tax Act — I-3.3 (a)
flow-through share means a share (other than a prescribed share) of the capital stock of a principal-business corporation, or a right (other than a prescribed right) to acquire a share of the capital stock of a principal-business corporation, issued to a person under an agreement in writing made between the person and the corporation under which the corporation, for consideration that does not include property to be exchanged or transferred by the person under the agreement in circumstances to which any of sections 51, 85, 85.1, 86 and 87 applies, agrees (a) to incur, in the period that begins on the day on which the agreement was made and ends 24 months after the month that includes that day, Canadian exploration expenses or Canadian development expenses in an amount not less than the consideration for which the share or right is to be issued, and (b) to renounce, in prescribed form and before March of the first calendar year that begins after that period, to the person in respect of the share or right, an amount in respect of the Canadian exploration expenses or Canadian development expenses so incurred by it not exceeding the consideration received by the corporation for the share or right; ( action accréditive )
Income Tax Act — I-3.3 (a)
foreign exploration and development expenses incurred by a taxpayer means (a) any drilling or exploration expense, including any general geological or geophysical expense, incurred by the taxpayer after 1971 on or in respect of exploring or drilling for petroleum or natural gas outside Canada, (b) any expense incurred by the taxpayer for the purpose of determining the existence, location, extent or quality of a mineral resource outside Canada, including any expense incurred in the course of (i) prospecting, (ii) carrying out geological, geophysical or geochemical surveys, (iii) drilling by rotary, diamond, percussion or other method, or (iv) trenching, digging test pits and preliminary sampling, (c) the cost to the taxpayer of any foreign resource property acquired by him, (d) subject to section 66.8, the taxpayer’s share of the foreign exploration and development expenses incurred after 1971 by a partnership in a fiscal period thereof, if at the end of that period the taxpayer was a member of the partnership, and (e) any annual payment made by the taxpayer for the preservation of a foreign resource property; but does not include (f) any amount included at any time in the capital cost to the taxpayer of any depreciable property of a prescribed class, (g) an expenditure incurred at any time after the commencement of production from a foreign resource property of the taxpayer in order to evaluate the feasibility of a method of recovery of petroleum, natural gas or related hydrocarbons from the portion of a natural reservoir to which the foreign resource property relates, (h) an expenditure (other than a drilling expense) incurred at any time after the commencement of production from a foreign resource property of the taxpayer in order to assist in the recovery of petroleum, natural gas or related hydrocarbons from the portion of a natural reservoir to which the foreign resource property relates, (i) an expenditure incurred at any time relating to the injection of any substance to assist in the recovery of petroleum, natural gas or related hydrocarbons from a natural reservoir, (j) an expenditure that is the cost, or any part of the cost, to the taxpayer of any depreciable property of a prescribed class that was acquired after December 21, 2000, (k) foreign resource expenses in respect of a country, or (l) an expenditure made after February 27, 2000 by the taxpayer unless the expenditure was made (i) pursuant to an agreement in writing made by the taxpayer before February 28, 2000, (ii) for the acquisition of foreign resource property by the taxpayer, or (iii) for the purpose of (A) enhancing the value of foreign resource property that the taxpayer owned at the time the expenditure was incurred or that the taxpayer had a reasonable expectation of owning after that time, or (B) assisting in evaluating whether a foreign resource property is to be acquired by the taxpayer; ( frais d’exploration et d’aménagement à l’étranger )
Income Tax Act — I-3.3
foreign resource property of a taxpayer means any property that would be a Canadian resource property of the taxpayer if the definition Canadian resource property in this subsection were read as if the references therein to “in Canada” were references to “outside Canada”; ( avoir minier étranger )
Income Tax Act — I-3.3
joint exploration corporation means a principal-business corporation that has not at any time since its incorporation had more than 10 shareholders, not including any individual holding a share for the sole purpose of qualifying as a director; ( société d’exploration en commun )
Income Tax Act — I-3.3 (a)
original owner of a Canadian resource property or a foreign resource property means a person (a) who owned the property and disposed of it to a corporation that acquired it in circumstances in which subsection 29(25) of the Income Tax Application Rules or subsection 66.7(1), (2), (2.3), (3), (4) or (5) applies, or would apply if the corporation had continued to own the property, to the corporation in respect of the property, and (b) who would, but for subsection 66.7(12), (13), (13.1) or (17), as the case may be, be entitled in computing that person’s income for a taxation year that ends after that person disposed of the property to a deduction under section 29 of the Income Tax Application Rules or subsection (2), (3) or (4), 66.1(2) or (3), 66.2(2), 66.21(4) or 66.4(2) of this Act in respect of expenses described in subparagraph 29(25)(c)(i) or (ii) of that Act, Canadian exploration and development expenses, foreign resource pool expenses, Canadian exploration expenses, Canadian development expenses or Canadian oil and gas property expenses incurred by the person before the person disposed of the property; ( propriétaire obligé )
Income Tax Act — I-3.3
outlay , made before a particular time by a taxpayer, has the meaning assigned to the expression expense by this subsection; ( dépenses )
Income Tax Act — I-3.3 (a)
predecessor owner of a Canadian resource property or a foreign resource property means a corporation (a) that acquired the property in circumstances in which subsection 29(25) of the Income Tax Application Rules or subsection 66.7(1), (2), (2.3), (3), (4) or (5) applies, or would apply if the corporation had continued to own the property, to the corporation in respect of the property, (b) that disposed of the property to another corporation that acquired it in circumstances in which subsection 29(25) of the Income Tax Application Rules or subsection 66.7(1), (2), (2.3), (3), (4) or (5) applies, or would apply if the other corporation had continued to own the property, to the other corporation in respect of the property, and (c) that would, but for subsection 66.7(14), (15), (15.1) or (17), as the case may be, be entitled in computing its income for a taxation year ending after it disposed of the property to a deduction under subsection 29(25) of the Income Tax Application Rules or subsection 66.7(1), (2), (2.3), (3), (4) or (5) in respect of expenses incurred by an original owner of the property; ( propriétaire antérieur )
Income Tax Act — I-3.3 (a)
principal-business corporation means a corporation the principal business of which is any of, or a combination of, (a) the production, refining or marketing of petroleum, petroleum products or natural gas, (a.1) exploring or drilling for petroleum or natural gas, (b) mining or exploring for minerals, (c) the processing of mineral ores for the purpose of recovering metals or minerals from the ores, (d) the processing or marketing of metals or minerals that were recovered from mineral ores and that include metals or minerals recovered from mineral ores processed by the corporation, (e) the fabrication of metals, (f) the operation of a pipeline for the transmission of oil or gas, (f.1) the production or marketing of calcium chloride, gypsum, kaolin, lithium, sodium chloride or potash, (g) the manufacturing of products, where the manufacturing involves the processing of calcium chloride, gypsum, kaolin, lithium, sodium chloride or potash, (h) the generation or distribution of energy, or the production of fuel, using property described in Class 43.1 or 43.2 of Schedule II to the Income Tax Regulations , and (i) the development of projects for which it is reasonable to expect that at least 50% of the capital cost of the depreciable property to be used in each project would be the capital cost of property described in Class 43.1 or 43.2 of Schedule II to the Income Tax Regulations , or a corporation all or substantially all of the assets of which are shares of the capital stock or indebtedness of one or more principal-business corporations that are related to the corporation (otherwise than because of a right referred to in paragraph 251(5)(b)), ( société exploitant une entreprise principale )