Excise Tax Act — E-15 191
 not a purchaser under an agreement of purchase and sale of the complex, possession or use of any residential unit in the complex under a lease, licence or similar arrangement entered into for the purpose of the occupancy of the unit by an individual as a place of residence, (i.1) gives possession or use of any residential unit in the complex to a particular person under an agreement for (A) the supply by way of sale of the building or part thereof forming part of the complex, and (B) the supply by way of lease of the land forming part of the complex or the supply of such a lease by way of assignment, or (ii) where the builder is an individual, occupies any residential unit in the complex as a place of residence, and (c) the builder, the particular person, or an individual who has entered into a lease, licence or similar arrangement in respect of a residential unit in the complex with the particular person, is the first individual to occupy a residential unit in the complex as a place of residence after substantial completion of the construction or renovation, the builder shall be deemed (d) to have made and received, at the later of the time the construction or substantial renovation is substantially completed and the time possession or use of the unit is so given to the particular person or the unit is so occupied by the builder, a taxable supply by way of sale of the complex, and (e) to have paid as a recipient and to have collected as a supplier, at the later of those times, tax in respect of the supply calculated on the fair market value of the complex at the later of those times. Self-supply of addition to multiple unit residential complex (4) For the purposes of this Part, where (a) the construction of an addition to a multiple unit residential complex is substantially completed, (b) the builder of the addition (i) gives, to a particular person who is not a purchaser under an agreement of purchase and sale of the complex, possession or use of any residential unit in the addition under a lease, licence or similar arrangement entered into for the purpose of the occupancy of the unit by an individual as a place of residence, (i.1) gives possession or use of any residential unit in the addition to a particular person under an agreement for (A) the supply by way of sale of the building or part thereof forming part of the complex, and (B) the supply by way of lease of the land forming part of the complex or the supply of such a lease by way of assignment, or (ii) where the builder is an individual, occupies any residential unit in the addition as a place of residence, and (c) the builder, the particular person, or an individual who has entered into a lease, licence or similar arrangement in respect of a residential unit in the addition with the particular person, is the first individual to occupy a residential unit in the addition as a place of residence after substantial completion of the construction of the addition, the builder shall be deemed (d) to have made and received, at the later of the time the construction of the addition is substantially completed and the time possession or use of the unit is so given to the particular person or the unit is so occupied by the builder, a taxable supply by way of sale of the addition, and (e) to have paid as a recipient and to have collected as a supplier, at the later of those times, tax in respect of the supply calculated on the fair market value of the addition at the later of those times. Reference to lease (4.1) A reference in this section to a “lease” in respect of land shall be read as a reference to a “lease, licence or similar arrangement”. Exception for personal use (5) Subsections (1) to (4) do not apply to a builder of a residential complex or an addition to a residential complex where (a) the builder is an individual; (b) at any time after the construction or renovation of the complex or addition is substantially completed, the complex is used primarily as a place of r