GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 (a)
casino means (a) the government of a province that, in accordance with paragraph 207(1)(a) of the Criminal Code , (i) in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games, or (ii) in any other permanent establishment, conducts and manages games that are operated on or through a slot machine , as defined in subsection 207(4.01) of that Act, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment; (b) the government of a province that, in accordance with paragraph 207(1)(a) of the Criminal Code , conducts and manages a lottery scheme, other than bingo or the sale of lottery tickets, that is accessible to the public through the Internet or other digital network, except if the network is an internal network within an establishment referred to in subparagraph (a)(ii); (c) an organization that, in accordance with paragraph 207(1)(b) of the Criminal Code , in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games, unless the organization is a registered charity and the lottery scheme is conducted or managed for a period of not more than two consecutive days at a time; and (d) the board of a fair or of an exhibition, or the operator of a concession leased by such a board, that, in accordance with paragraph 207(1)(c) of the Criminal Code , in a permanent establishment that is held out to be a casino, conducts and manages a lottery scheme that includes games of roulette or card games. ( casino )
Income Tax Act — I-3.3
client means a particular entity that engages in a financial transaction or activity with a reporting entity and includes an entity on whose behalf the particular entity is acting. ( client )
Income Tax Act — I-3.3
credit union central means a central cooperative credit society, as defined in section 2 of the Cooperative Credit Associations Act , or a credit union central or a federation of credit unions or caisses populaires that is regulated by a provincial Act other than one enacted by the legislature of Quebec. ( centrale de caisses de crédit )
Income Tax Act — I-3.3
electronic funds transfer means the transmission — through any electronic, magnetic or optical device, telephone instrument or computer — of instructions for the transfer of funds, other than the transfer of funds within Canada. In the case of Society for Worldwide Interbank Financial Telecommunication messages, only SWIFT MT 103 messages are included. ( télévirement )
Income Tax Act — I-3.3
entity means an individual, a body corporate, a partnership, a fund or an unincorporated association or organization. ( entité )
Income Tax Act — I-3.3
funds means cash, currency or securities, or negotiable instruments or other financial instruments, in any form, that indicate an entity’s title or interest, or for civil law a right, in them. ( fonds )
Income Tax Act — I-3.3 (a)
money services business means an entity (a) that has a place of business in Canada and that is engaged in the business of providing at least one of the following services: (i) foreign exchange dealing, (ii) remitting funds or transmitting funds by any means or through any entity or electronic funds transfer network, (iii) issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named entity, (iv) dealing in virtual currencies, as defined by regulation, or (v) a prescribed service; or (b) that does not have a place of business in Canada, that is engaged in the business of providing at least one of the following services that is directed at entities in Canada, and that provides those services to their customers in Canada: (i) foreign exchange dealing, (ii) remitting funds or transmitting funds by any means or through any entity or electronic funds transfer network, (iii) issuing or redeeming money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named entity, (iv) dealing in virtual currencies, as defined by regulation, or (v) a prescribed service. ( entreprise de transfert de fonds ou de vente de titres négociables )
Income Tax Act — I-3.3 (a)
reporting entity means an entity that is (a) an authorized foreign bank within the meaning of section 2 of the Bank Act in respect of its business in Canada, or a bank to which that Act applies; (b) a cooperative credit society, savings and credit union or caisse populaire regulated by a provincial Act; (c) a financial services cooperative regulated by An Act respecting financial services cooperatives , R.S.Q., c. C-67.3, or An Act respecting the Mouvement Desjardins , S.Q. 2000, c. 77; (d) an association regulated by the Cooperative Credit Associations Act ; (e) a company to which the Trust and Loan Companies Act applies; (f) a trust company regulated by a provincial Act; (g) a loan company regulated by a provincial Act; (h) a money services business; (i) a casino, including a casino owned or controlled by Her Majesty; (j) a department or an agent of Her Majesty in right of Canada or of a province that is engaged in the business of accepting deposit liabilities in the course of providing financial services to the public; or (k) a credit union central in respect of financial services it offers to an entity, other than an entity that is referred to in any of paragraphs (a) to (g) and (j) and is a member of that credit union central. ( entité déclarante )
Income Tax Act — I-3.3 244.2
Electronic funds transfer 244.2 (1) Every reporting entity shall file with the Minister an information return in prescribed form in respect of (a) the sending out of Canada, at the request of a client, of an electronic funds transfer of $10,000 or more in the course of a single transaction; or (b) the receipt from outside Canada of an electronic funds transfer, sent at the request of a client, of $10,000 or more in the course of a single transaction. Transfer within Canada (2) For greater certainty and subject to subsection (3), subsection (1) does not apply to a reporting entity in respect of an electronic funds transfer if the entity (a) sends the transfer to an entity in Canada, even if the final recipient is outside Canada; or (b) receives the transfer from an entity in Canada, even if the initial sender is outside Canada. Intermediary (3) Subsection (1) applies to a reporting entity in respect of an electronic funds transfer if the entity (a) orders another reporting entity to send, at the request of a client, the transfer out of Canada, unless it provides the other reporting entity with the name and address of the client; or (b) receives the transfer for a beneficiary in Canada from another reporting entity in circumstances where the initial sender is outside Canada, unless the transfer contains the name and address of the beneficiary. Transfer conducted by agent (4) If a particular reporting entity is an agent of or is authorized to act on behalf of another reporting entity in respect of an electronic funds transfer, subsection (1) applies, in respect of the transfer, to the other reporting entity and not to the particular reporting entity. Entities outside Canada (5) Subsection (1) does not apply to an entity described in paragraph (b) of the definition money services business in respect of the services it provides to entities outside Canada. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2014, c. 20, s. 29
Income Tax Act — I-3.3 244.3
Casino 244.3 An electronic funds transfer in respect of which subsection 244.2(1) applies that occurs in the course of a business, temporarily conducted for charitable purposes in the establishment of a casino by a registered charity carried on for not more than two consecutive days at a time under the supervision of the casino, shall be reported by the supervising casino. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2014, c. 20, s. 29
Income Tax Act — I-3.3 244.4
Single transaction 244.4 (1) For the purposes of this Part, two or more electronic funds transfers of less than $10,000 each that are made within 24 consecutive hours and that total $10,000 or more are considered to be made in the course of a single transaction of $10,000 or more if (a) an individual, other than a trust, who is a reporting entity knows that the transfers are conducted by, or on behalf of, the same entity; and (b) an employee of a reporting entity, other than an entity described in paragraph (a), knows that the transfers are conducted by, or on behalf of, the same entity. Exception (2) For greater certainty, subsection (1) does not apply in respect of an electronic funds transfer sent to two or more beneficiaries if the transfer is requested by (a) an administrator of a pension fund that is regulated by or under an Act of Parliament or of the legislature of a province; (b) a department or agent of Her Majesty in right of Canada or of a province; (c) an incorporated city, town, village, metropolitan authority, township, district, county, rural municipality or other incorporated municipal body or an agent of any of them; (d) an organization that operates a public hospital and that is designated by the Minister as a hospital authority under the Excise Tax Act , or an agent of such an organization; or (e) a corporation that has minimum net assets of $75 million on its last audited balance sheet, whose shares are traded on a Canadian stock exchange or a designated stock exchange and that operates in a country that is a member of the Financial Action Task Force on Money Laundering established in 1989. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2014, c. 20, s. 29
Income Tax Act — I-3.3 244.5
Foreign currency 244.5 If an electronic funds transfer is carried out by a reporting entity in a foreign currency, the amount of the transfer is to be converted into Canadian dollars using (a) the official conversion rate of the Bank of Canada for the currency published in the Bank of Canada’s Daily Memorandum of Exchange Rates that is in effect at the time of the transfer; or (b) if no official conversion rate is set out in that publication for the currency, the conversion rate that the entity would use for the currency in the normal course of business at the time of the transfer. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2014, c. 20, s. 29
Income Tax Act — I-3.3 244.6
Filing of return 244.6 An information return in respect of an electronic funds transfer that is required to be filed by a reporting entity under this Part shall be filed (a) not later than five working days after the day of the transfer; and (b) using electronic media, in the manner specified by the Minister, if the entity has the technical capabilities to do so. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2014, c. 20, s. 29
Income Tax Act — I-3.3 244.7
Record keeping 244.7 (1) Every reporting entity that is required to file an information return under this Part shall keep such records as will enable the Minister to determine whether the entity has complied with its duties and obligations under this Part. Form of records (2) A record that is required to be kept under this Part may be kept in machine-readable or electronic form if a paper copy can be readily produced from it. Retention of records (3) A reporting entity that is required to keep records under this Part in respect of an electronic funds transfer shall retain those records for a period of at least five years from the day of the transfer. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2014, c. 20, s. 29
Income Tax Act — I-3.3 245
r relevant governmental authority; or (b) one or more court decisions. Provisions applicable (5.3) Sections 152, 158, 159, 160.1, 164 to 167 and Division J of Part I apply to subsection (5.1) with such modifications as the circumstances require. Request for adjustments (6) Where with respect to a transaction (a) a notice of assessment, reassessment or additional assessment involving the application of subsection 245(2) with respect to the transaction has been sent to a person, or (b) a notice of determination pursuant to subsection 152(1.11) has been sent to a person with respect to the transaction, any person (other than a person referred to in paragraph (a) or (b)) shall be entitled, within 180 days after the day of sending of the notice, to request in writing that the Minister make an assessment, reassessment or additional assessment applying subsection (2) or make a determination applying subsection 152(1.11) with respect to that transaction. Exception (7) Notwithstanding any other provision of this Act, the tax consequences to any person, following the application of this section, shall only be determined through a notice of assessment, reassessment, additional assessment or determination pursuant to subsection 152(1.11) involving the application of this section. Duties of Minister (8) On receipt of a request by a person under subsection 245(6), the Minister shall, with all due dispatch, consider the request and, notwithstanding subsection 152(4), assess, reassess or make an additional assessment or determination pursuant to subsection 152(1.11) with respect to that person, except that an assessment, reassessment, additional assessment or determination may be made under this subsection only to the extent that it may reasonably be regarded as relating to the transaction referred to in subsection 245(6). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 245; 2005, c. 19, s. 52; 2010, c. 25, s. 68 2022, c. 19, s. 56 2024, c. 15, s. 66
Income Tax Act — I-3.3 (a)
tax benefit means (a) a reduction, avoidance or deferral of tax or other amount payable under this Act, and includes a reduction, avoidance or deferral of tax or other amount that would be payable under this Act but for a tax treaty, (b) an increase in a refund of tax or other amount under this Act, and includes an increase in a refund of tax or other amount under this Act as a result of a tax treaty, or (c) a reduction, increase or preservation of an amount that could at a subsequent time (i) be relevant for the purpose of computing an amount referred to in paragraph (a) or (b), and (ii) result in any of the effects described in paragraph (a) or (b); ( avantage fiscal )
Income Tax Act — I-3.3 (a)
tax consequences , to a person, means (a) the amount of income, taxable income or taxable income earned in Canada of the person under this Act, (b) the tax or other amount payable by, or refundable to, the person under this Act, or (c) any other amount that is, or could at a subsequent time be, relevant for the purpose of computing an amount referred to in paragraph (a) or (b); ( attribut fiscal )
Income Tax Act — I-3.3 246
Benefit conferred on a person 246 (1) Where at any time a person confers a benefit, either directly or indirectly, by any means whatever, on a taxpayer, the amount of the benefit shall, to the extent that it is not otherwise included in the taxpayer’s income or taxable income earned in Canada under Part I and would be included in the taxpayer’s income if the amount of the benefit were a payment made directly by the person to the taxpayer and if the taxpayer were resident in Canada, be (a) included in computing the taxpayer’s income or taxable income earned in Canada under Part I for the taxation year that includes that time; or (b) where the taxpayer is a non-resident person, deemed for the purposes of Part XIII to be a payment made at that time to the taxpayer in respect of property, services or otherwise, depending on the nature of the benefit. Arm’s length (2) Where it is established that a transaction was entered into by persons dealing at arm’s length, bona fide and not pursuant to, or as part of, any other transaction and not to effect payment, in whole or in part, of an existing or future obligation, no party thereto shall be regarded, for the purpose of this section, as having conferred a benefit on a party with whom the first-mentioned party was so dealing. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1970-71-72, c. 63, s. 1“246”; 1984, c. 45, s. 91; 1988, c. 55, s. 186
Income Tax Act — I-3.3 247
s the total of all amounts each of which is the amount, if any, that would result, from an adjustment made under subsection (2.02) (other than an adjustment included in determining a transfer pricing capital adjustment of the taxpayer for a taxation year), in an increase in the taxpayer’s income for the year or a decrease in a loss of the taxpayer for the year from a source if that adjustment were the only adjustment made under subsection (2.02)”, and (D) the definition transfer pricing income setoff adjustment in subsection (1) were read as follows: “of a taxpayer for a taxation year means the total of all amounts each of which is the amount, if any, that would result, from an adjustment made under subsection (2.02) (other than an adjustment included in determining a transfer pricing capital set-off adjustment of the taxpayer for the taxation year), in a decrease in the taxpayer’s income for the year or in an increase in a loss of the taxpayer for the year from a source if that adjustment were the only adjustment made under subsection (2.02)”. Repatriation (13) If a dividend is deemed by subsection (12) to have been paid by a corporation and received by a non-resident person, and a particular amount has been paid with the concurrence of the Minister by the non-resident person to the corporation, (a) the amount of the dividend may be reduced by the amount (in this subsection referred to as the “reduction”) that the Minister considers appropriate, having regard to all the circumstances, and (b) subsections 227(8.1) and (8.3) apply as if (i) the amount of the dividend were not reduced, and (ii) on the day on which the particular amount was paid, the corporation paid to the Receiver General an amount equal to the amount that would be required to be withheld and remitted under Part XIII in respect of the reduction. Repatriation — interest (14) If the amount of a dividend is reduced under paragraph (13)(a), the amount of interest payable by a taxpayer because of paragraph (13)(b) may be reduced to the amount that the Minister considers appropriate, having regard to all the circumstances, including the provision of reciprocal treatment by the country in which the non-resident person referred to in subsection (13) is resident. Non-application of provisions (15) Section 15, subsections 56(2) and 212.3(2) and section 246 do not apply in respect of an amount to the extent that a dividend is deemed by subsection (12) (determined without reference to subsection (13)) to have been paid in respect of the amount. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1998, c. 19, s. 238; 1999, c. 22, s. 79; 2001, c. 17, s. 187; 2005, c. 19, s. 53; 2012, c. 31, s. 54; 2013, c. 40, s. 88; 2016, c. 12, s. 62 2021, c. 23, s. 60 2026, c. 3, s. 93
Income Tax Act — I-3.3
actual conditions , in respect of a transaction or series of transactions, means the conditions that actually apply between any of the participants in the transaction or series. ( conditions réelles )
Income Tax Act — I-3.3
arm’s length allocation [Repealed, 2026, c. 3, s. 93]
Income Tax Act — I-3.3
arm’s length conditions , in respect of a transaction or series of transactions, means the conditions that would have applied had the participants been dealing at arm’s length in comparable circumstances, including the possibility that no transaction or series, or a different transaction or series, would have been concluded had the participants been dealing at arm’s length in comparable circumstances. ( conditions de pleine concurrence )
Income Tax Act — I-3.3
arm’s length transfer price [Repealed, 2026, c. 3, s. 93]
Income Tax Act — I-3.3 (a)
documentation-due date for a taxation year or fiscal period of a person or partnership means (a) in the case of a person, the person’s filing-due date for the year; or (b) in the case of a partnership, the day on or before which a return is required by section 229 of the Income Tax Regulations to be filed in respect of the period or would be required to be so filed if that section applied to the partnership. ( date limite de production )
Income Tax Act — I-3.3 (a)
economically relevant characteristics , in respect of a transaction or series of transactions, includes (a) to the extent that the following contractual terms are not inconsistent with the actual conduct of the participants in the transaction or series, (i) the contractual terms of the transaction or series, and (ii) the contractual terms of each other transaction or series that is relevant to the transaction or series and that involves at least one of the participants or any other member of the multinational enterprise group; (b) the actual conduct of the participants in the transaction or series, and in particular the functions performed by those participants, taking into account (i) assets used and risks assumed, (ii) how those functions relate to the wider generation of value by the multinational enterprise group to which the participants belong, (iii) circumstances surrounding the transaction or series, and (iv) industry practices; (c) the characteristics of any property transferred or service provided; (d) the economic circumstances of the participants and of the market in which the participants operate; and (e) the business strategies pursued by the participants. ( caractéristiques économiquement pertinentes )
Income Tax Act — I-3.3
multinational enterprise group means the group made up of the taxpayer or the partnership, or member of the partnership, and the non-resident person (or a partnership of which the non-resident person is a member) who are participants in a transaction or series of transactions referred to in subsection (2), as well as any other person that does not deal at arm’s length with at least one of the participants. ( groupe d’entreprises multinationales )
Income Tax Act — I-3.3
qualifying cost contribution arrangement means an arrangement under which reasonable efforts are made by the participants in the arrangement to establish a basis for contributing to, and to contribute on that basis to, the cost of producing, developing or acquiring any property, or acquiring or performing any services, in proportion to the benefits which each participant is reasonably expected to derive from the property or services, as the case may be, as a result of the arrangement. ( arrangement admissible de participation au coût )
Income Tax Act — I-3.3
tax benefit [Repealed, 2026, c. 3, s. 93]
Income Tax Act — I-3.3
transfer price [Repealed, 2026, c. 3, s. 93]