GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Regulations — Income Tax Regulations
specific provisions has the same meaning as in the Guidelines for banks established pursuant to section 175 of the Bank Act , as that section read on May 31, 1992, and issued by the Office of the Superintendent of Financial Institutions, as amended from time to time. ( provisions spécifiques )
Income Tax Regulations — (a)
specified loan means (a) a United Mexican States Collateralized Par Bond due in 2019, or (b) a United Mexican States Collateralized Discount Bond due in 2019; ( prêt désigné )
Income Tax Regulations — 8007
8007 [Repealed, SOR/99-91, s. 7] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/99-91, s. 7
Income Tax Regulations — 8100
8100 [Repealed, 2013, c. 34, s. 406] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/91-78, s. 4; SOR/94-686, ss. 78(F), 79(F), 81(F); SOR/96-443, s. 3; 2013, c. 34, s. 406
Income Tax Regulations — 8101
8101 [Repealed, 2013, c. 34, s. 406] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/91-78, s. 4; SOR/94-686, s. 78(F); SOR/96-443, s. 3; 2013, c. 34, s. 406
Income Tax Regulations — 8102
8102 [Repealed, 2013, c. 34, s. 406] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/96-443, s. 3; SOR/2009-222, s. 6; 2013, c. 34, s. 406
Income Tax Regulations — 8103
8103 [Repealed, 2013, c. 34, s. 406] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/96-443, s. 3; SOR/2009-222, s. 6; 2013, c. 34, s. 406
Income Tax Regulations — 8104
8104 [Repealed, 2013, c. 34, s. 406] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/96-443, s. 3; SOR/2009-222, s. 6; 2013, c. 34, s. 406
Income Tax Regulations — 8105
8105 [Repealed, 2013, c. 34, s. 406] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/96-443, s. 3; SOR/2009-222, s. 6; 2013, c. 34, s. 406
Income Tax Regulations — 8200
8200 For the purposes of subsection 16.1(1) of the Act, prescribed property means (a) exempt property, within the meaning assigned by paragraph 1100(1.13)(a), other than property leased on or before February 2, 1990 that is (i) a truck or tractor that is designed for use on highways and has a “gross vehicle weight rating” (within the meaning assigned that expression by the Motor Vehicle Safety Regulations ) of 11,778 kilograms or more, (ii) a trailer that is designed for use on highways and is of a type designed to be hauled under normal operating conditions by a truck or tractor described in subparagraph (i), or (iii) a railway car, (b) property that is the subject of a lease where the tangible property, other than exempt property (within the meaning assigned by paragraph 1100(1.13)(a)), that was the subject of the lease had, at the time the lease was entered into, an aggregate fair market value not in excess of $25,000, and (c) intangible property. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/91-196, s. 5; SOR/92-681, s. 3(F)
Income Tax Regulations — 8200.1
8200.1 For the purposes of subsection 13(18.1), the definition Canadian renewable and conservation expense in subsection 66.1(6) and subparagraph 241(4)(d)(vi.1) of the Act, prescribed energy conservation property means property described in Class 43.1 or 43.2 in Schedule II. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/97-377, s. 5; SOR/2006-117, s. 7; 2013, c. 40, s. 114
Income Tax Regulations — 8201
8201 For the purposes of subsection 16.1(1), the definition outstanding debts to specified non-residents in subsection 18(5), subsections 100(1.3), 112(2), 125.4(1) and 125.5(1), the definition taxable supplier in subsection 127(9), subparagraph 128.1(4)(b)(ii), paragraphs 181.3(5)(a) and 190.14(2)(b), section 233.8, the definition Canadian banking business in subsection 248(1) and paragraph 260(5)(a) of the Act, a permanent establishment of a person or partnership (either of whom is referred to in this section as the “person”) means a fixed place of business of the person, including an office, a branch, a mine, an oil well, a farm, a timberland, a factory, a workshop or a warehouse if the person has a fixed place of business and, where the person does not have any fixed place of business, the principal place at which the person’s business is conducted, and (a) where the person carries on business through an employee or agent, established in a particular place, who has general authority to contract for the person or who has a stock of merchandise owned by the person from which the employee or agent regularly fills orders, the person shall be deemed to have a permanent establishment at that place, (b) where the person is an insurance corporation, the person is deemed to have a permanent establishment in each country in which the person is registered or licensed to do business, (c) where the person uses substantial machinery or equipment at a particular place at any time in a taxation year, the person shall be deemed to have a permanent establishment at that place, (d) the fact that the person has business dealings through a commission agent, broker or other independent agent or maintains an office solely for the purchase of merchandise shall not of itself be held to mean that the person has a permanent establishment, and (e) where the person is a corporation, the fact that the person has a subsidiary controlled corporation at a place or a subsidiary controlled corporation engaged in trade or business at a place shall not of itself be held to mean that the person is operating a permanent establishment at that place, except that, where the person is resident in a country with which the Government of Canada has concluded a tax treaty in which the expression permanent establishment is given a particular meaning, that meaning shall apply. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/94-140, s. 15; SOR/94-686, s. 41(F); SOR/2000-62, s. 4; SOR/2005-264, s. 15; SOR/2010-93, s. 25; 2012, c. 31, s. 68; 2013, c. 34, ss. 49, 427; 2016, c. 7, s. 58, c. 12, s. 82 2026, c. 3, s. 113
Income Tax Regulations — 8201.1
8201.1 [Repealed, SOR/2000-62, s. 5] [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/2000-62, s. 5
Income Tax Regulations — 8300
he related provisions; (b) if the conditions in subsection 8304.1(14) (read without reference to the words “after 1996 and”) are not satisfied with respect to the individual’s termination from a related provision, the conditions in that subsection are deemed not to be satisfied with respect to the individual’s termination from each of the other related provisions; and (c) a specified distribution (as defined in subsection 8304.1(8)) made at any particular time in respect of the individual and a related provision is deemed, for the purpose of subsection 8304.1(5), also to be a specified distribution made at the particular time in respect of the individual and each of the other related provisions, except to the extent that the Minister has waived the application of this paragraph with respect to the distribution. (12) For the purposes of this Part, where (a) all or any part of the amounts payable to an individual under a deferred profit sharing plan are paid by a trustee under the plan to a licensed annuities provider to purchase for the individual an annuity described in subparagraph 147(2)(k)(vi) of the Act, or (b) an individual has acquired, in full or partial satisfaction of the individual’s entitlement to benefits under a benefit provision of a registered pension plan (other than benefits to which the individual was entitled only because of the participation of another individual under the provision), an interest in an annuity contract (other than as a consequence of a transfer of property from the provision to a registered retirement savings plan or a registered retirement income fund under which the individual is the annuitant), the individual is deemed to continue, from the time of the payment or acquisition, as the case may be, until the individual’s death, to be a member in relation to the plan or provision, as the case may be. (13) For the purposes of this Part and Part LXXXV, where a benefit is to be provided, or may be provided, to an individual under a defined benefit provision of a registered pension plan as a consequence of an allocation that is to be made, or may be made, to the individual of all or part of an actuarial surplus under the provision, the individual is considered not to have any right to receive the benefit under the provision until the time at which the benefit becomes provided under the provision. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/92-51, s. 7; SOR/95-64, s. 1; SOR/99-9, s. 4; SOR/2003-328, s. 5; SOR/2005-264, s. 16; SOR/2007-116, s. 11(E); 2011, c. 24, s. 90 SOR/2024-231, s. 21
Income Tax Regulations — Income Tax Regulations
certifiable past service event , with respect to an individual, means a past service event that is required, by reason of subsection 147.1(10) of the Act, to be disregarded, in whole or in part, in determining the benefits to be paid under a registered pension plan with respect to the individual until a certification of the Minister in respect of the event has been obtained; ( fait à attester )
Income Tax Regulations — Income Tax Regulations
complete period of reduced services of an individual means a period of reduced services of the individual that is not part of a longer period of reduced services of the individual; ( période complète de services réduits )
Income Tax Regulations — Income Tax Regulations
designated savings arrangement of an individual means a RRIF or RRSP under which the individual is the annuitant, or the individual’s account under a money purchase provision of a registered pension plan; ( mécanisme d’épargne désigné )
Income Tax Regulations — (a)
excluded contribution , to a registered pension plan, means an amount that is (a) contributed to the plan and that is deductible under paragraph 60(j.1) of the Act, or (b) transferred to the plan in accordance with any of subsections 146(16), 146.3(14.1), 147(19), 147.3(1) to (4) and (5) to (7) and 147.5(21) of the Act; ( cotisation exclue )
Income Tax Regulations — (a)
flat benefit provision of a pension plan means a defined benefit provision of the plan under which the amount of lifetime retirement benefits provided to each member is based on the aggregate of all amounts each of which is the product of a fixed rate and either the duration of service of the member or the number of units of output of the member, and, for the purposes of this definition, where (a) the amount of lifetime retirement benefits provided under a defined benefit provision to each member is subject to a limit based on the remuneration received by the member, and (b) the limit may reasonably be considered to be included to ensure that the amount of lifetime retirement benefits provided to each member does not exceed the maximum amount of such benefits that may be provided by a registered pension plan, the limit shall be disregarded for the purpose of determining whether the provision is a flat benefit provision; ( disposition à prestations forfaitaires )
Income Tax Regulations — (a)
individual pension plan , in respect of a calendar year, means a registered pension plan that contains a defined benefit provision if, at any time in the year or a preceding year, the plan (a) has fewer than four members and at least one of them is related to a participating employer in the plan, or (b) is a designated plan and it is reasonable to conclude that the rights of one or more members to receive benefits under the plan exist primarily to avoid the application of paragraph (a); ( régime de retraite individuel )
Income Tax Regulations — Income Tax Regulations
member , in relation to a deferred profit sharing plan or a benefit provision of a registered pension plan, means an individual who has a right (either immediate or in the future and either absolute or contingent) to receive benefits under the plan or the provision, as the case may be, other than an individual who has such a right only because of the participation of another individual in the plan or under the provision, as the case may be; ( participant )
Income Tax Regulations — (a)
PA offset for a calendar year means (a) for years before 1997, $1,000, and (b) for years after 1996, $600; ( montant de réduction du FE )
Income Tax Regulations — (a)
past service event means any transaction, event or circumstance that occurs after 1989 and as a consequence of which (a) retirement benefits become provided to an individual under a defined benefit provision of a pension plan in respect of a period before the time the transaction, event or circumstance occurs, other than, if accrued retirement benefits under the provision were previously reduced in respect of a particular period, an increase to a level of retirement benefits for that particular period not exceeding the level of retirement benefits from which those benefits were previously reduced, (b) there is a change to the way in which retirement benefits provided to an individual under a defined benefit provision of a pension plan in respect of a period before the time the transaction, event or circumstance occurs are determined, including a change that is applicable only in specified circumstances, or (c) there is a change in the value of an indexing or other automatic adjustment that enters into the determination of the amount of an individual’s retirement benefits under a defined benefit provision of a pension plan in respect of a period before the time the value of the adjustment changes; ( fait lié aux services passés )
Income Tax Regulations — (a)
period of reduced services of an individual means, in connection with a benefit provision of a registered pension plan, a period that consists of one or more periods each of which is (a) an eligible period of reduced pay or an eligible period of temporary absence of the individual with respect to an employer who participates under the provision, or (b) a period of disability of the individual; ( période de services réduits )
Income Tax Regulations — (a)
refund benefit means (a) with respect to an individual and a benefit provision of a pension plan, a return of contributions made by the individual under the provision, and (b) with respect to an individual and a deferred profit sharing plan, a return of contributions made by the individual to the plan, and includes any interest (computed at a rate not exceeding a reasonable rate) payable in respect of those contributions. ( prestation de remboursement )
Income Tax Regulations — Income Tax Regulations
resident compensation of an individual from an employer for a calendar year means the amount that would be the individual’s compensation from the employer for the year if the definition compensation in subsection 147.1(1) of the Act were read without reference to paragraphs (b) and (c) of that definition. ( rétribution de résident )
Income Tax Regulations — 8301
determine, in a manner that is reasonable in the circumstances, the portion of each payment that relates to the plan; (b) make the determination in such a manner that all contributions made by the contributing entity to the plan, other than contributions made by the contributing entity as an employer or former employer of members of the plan, are considered to be funded by payments made to the contributing entity by employers or individuals; (c) in the case of payments remitted to the contributing entity by an employer, notify the employer in writing, by January 31 of the immediately following calendar year, of the portion, or of the method for determining the portion, of each such payment that relates to the plan; and (d) in the case of payments remitted to the contributing entity by an individual, notify the administrator of the plan in writing, by January 31 of the immediately following calendar year, of the total amount of payments made in the year by the individual that relate to the plan. Non-compliance by Contributing Entity (14) Where a contributing entity does not comply with the requirements of subsection (13) as they apply in respect of payments made to the contributing entity in a calendar year to enable the contributing entity to make contributions to a registered pension plan, (a) the plan becomes, on February 1 of the immediately following calendar year, a revocable plan; and (b) the Minister may make any determinations referred to in subsection (13) that the contributing entity failed to make, or failed to make in accordance with that subsection. Transferred Amounts (15) For the purposes of subparagraph (b)(ii) of the description of A in subsection (2), paragraph (2.1)(b) and subparagraph (4)(b)(iv), an amount transferred for the benefit of an individual from a registered pension plan or a deferred profit sharing plan directly to a registered pension plan, a registered retirement savings plan, a registered retirement income fund or a deferred profit sharing plan is deemed to be an amount that was not paid to the individual. Subsequent Events (16) Except as otherwise expressly provided in this Part, each pension credit of an individual for a calendar year shall be determined without regard to any transactions, events or circumstances that occur subsequent to the year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/92-51, s. 7; SOR/95-64, s. 2; SOR/96-311, s. 6; SOR/99-9, s. 5; SOR/2003-328, s. 6; SOR/2005-264, s. 17; SOR/2007-116, s. 12(E) 2023, c. 26, s. 105
Income Tax Regulations — 8302
 regard to the career average formula. Transition Rule — Benefit Rate Greater Than 2 Per Cent (9) Subject to subsection (6), where (a) the amount of lifetime retirement benefits provided under a defined benefit provision of a registered pension plan to a member of the plan is determined, in part, by multiplying the member’s remuneration (or a function of the member’s remuneration) by one or more benefit accrual rates, and (b) the largest benefit accrual rate that may be applicable is greater than 2 per cent, the member’s benefit accrual under the provision in respect of 1990 or 1991 is the lesser of (c) the member’s benefit accrual otherwise determined, and (d) 2 per cent of the aggregate of all amounts each of which is the amount that would, if the definition compensation in subsection 147.1(1) of the Act were read without reference to subparagraphs (a)(iii) and (iv) and paragraphs (b) and (c) thereof, be the member’s compensation for the year from an employer who participated in the plan in the year for the benefit of the member. Period of Reduced Remuneration (10) For the purposes of paragraph (9)(d), where a member of a registered pension plan is provided with benefits under a defined benefit provision of the plan in respect of a period in 1990 or 1991 (a) throughout which, by reason of disability, leave of absence, lay-off or other circumstance, the member rendered no services, or rendered a reduced level of services, to employers who participate in the plan, and (b) throughout which the member received no remuneration, or a reduced rate of remuneration, the member’s compensation shall be determined on the assumption that the member received remuneration for the period equal to the amount of remuneration that it is reasonable to consider the member would have received if the member had rendered services throughout the period on a regular basis (having regard to the services rendered by the member before the period) and the member’s rate of remuneration had been commensurate with the member’s rate of remuneration when the member did render services on a regular basis. Anti-avoidance (11) Where the terms of a defined benefit provision of a registered pension plan can reasonably be considered to have been established or modified so that a pension credit of an individual for a calendar year under the provision would, but for this subsection, be reduced as a consequence of the application of paragraph (3)(g), that paragraph shall not apply in determining the individual’s normalized pension under the provision in respect of the year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/92-51, s. 7; SOR/95-64, s. 3; SOR/2001-67, s. 1; SOR/2001-188, s. 6; 2017, c. 33, s. 101 2019, c. 29, s. 60 SOR/2024-231, s. 22
Income Tax Regulations — 8303
riod that is after 1989, and B is the total of all amounts each of which is the portion of a pension credit, or the grossed-up amount of a provisional PSPA, of the individual that can reasonably be considered to be attributable to benefits previously provided under the particular provision in respect of the past service period. Specified Multi-employer Plan (8) Where, in a calendar year, an individual makes a contribution (other than an excluded contribution) in respect of a defined benefit provision of a registered pension plan that is, in the year, a specified multi-employer plan, and the contribution (a) is made in respect of a period after 1989 and before the year, and (b) is not included in determining the individual’s pension credit for the year with respect to any employer under the provision, the individual’s provisional PSPA with respect to an employer who participates in the plan, associated with the payment of the contribution, is the portion of the contribution that is not included in the individual’s provisional PSPA with respect to any other employer who participates in the plan, and, for the purpose of this subsection, the plan administrator shall determine the portion of the contribution to be included in the provisional PSPA of the individual with respect to each employer. Conditional Contributions (9) For the purpose of subsection (8), a contribution includes an amount paid by an individual to a registered pension plan where the right of any person to retain the amount on behalf of the plan is conditional on the Minister issuing a certification for the purposes of subsection 147.1(10) of the Act as it applies with respect to the individual and to benefits provided as a consequence of the payment. Benefits in respect of Foreign Service (10) Where, as a consequence of a past service event, benefits become provided to an individual under a defined benefit provision of a registered pension plan in respect of a period throughout which the individual was employed outside Canada, and the Minister has consented in writing to the application of this subsection, each provisional PSPA of the individual that is associated with the past service event shall be determined on the assumption that no benefits were provided in respect of the period. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/92-51, s. 7; SOR/95-64, s. 4; SOR/96-311, s. 7; SOR/99-9, s. 6; SOR/2001-67, s. 2; SOR/2005-264, s. 18; 2007, c. 35, s. 81; 2011, c. 24, s. 91; SOR/2011-188, s. 25