Income Tax Act — I-3.3 209
Definitions 209 (1) For the purposes of this Part, carved-out income of a person for a taxation year from a carved-out property means the amount, if any, by which (a) the person’s income for the year attributable to the property computed under Part I on the assumption that in computing income no deduction was allowed under section 20, Subdivision E of Division B of Part I or section 104, exceeds the total of (b) the amount deducted under subsection 66.4(2) in computing the person’s income for the year to the extent that it may reasonably be considered to be attributable to the property, and (c) to the extent that the property is an interest in a bituminous sands deposit or oil shale deposit, the amount deducted under subsection 66.2(2) in computing the person’s income for the year to the extent that it can reasonably be considered to be attributable to the cost of that interest; ( revenus miniers et pétroliers ) carved-out property of a person means (a) a Canadian resource property where (i) all or substantially all of the amount that the person is or may become entitled to receive in respect of the property may reasonably be considered to be limited to a maximum amount or to an amount determinable by reference to a stated quantity of production from a mineral resource or an accumulation of petroleum, natural gas or related hydrocarbons, (ii) the period of time during which the person’s interest in the income attributable to the property may reasonably be expected to continue is (A) where the property is a head lease or may reasonably be considered to derive from a head lease, less than the lesser of 10 years and the remainder of the term of the head lease, and (B) in any other case, less than 10 years, (iii) the person’s interest in the income attributable to the property, expressed as a percentage of production for any period, may reasonably be expected to be reduced substantially, (A) where the property is a head lease or may reasonably be considered to derive from a head lease, at any time before (I) the expiration of a period of 10 years commencing when the property was acquired, or (II) the expiration of the term of the head lease, whichever occurs first, and (B) in any other case, at any time before the expiration of a period of 10 years commencing when the property was acquired, or (iv) another person has a right under an arrangement to acquire, at any time, the property or a portion thereof or a similar property from the person and it is reasonable to consider that one of the main reasons for the arrangement, or any series of transactions or events that includes the arrangement, was to reduce or postpone tax that would, but for this subparagraph, be payable under this Part, or (b) an interest in a partnership or trust that holds a Canadian resource property where it is reasonable to consider that one of the main reasons for the existence of the interest is to reduce or postpone the tax that would, but for this paragraph, be payable under this Part, but does not include (c) an interest, or for civil law a right, in respect of a property that was acquired by the person solely in consideration of the person’s undertaking under an agreement to incur Canadian exploration expense or Canadian development expense in respect of the property and, where the agreement so provides, to acquire gas or oil well equipment (as defined in subsection 1104(2) of the Income Tax Regulations ) in respect of the property, (c.1) an interest, or for civil law a right, in respect of a property that was retained by the person under an agreement under which another person obtained an absolute or conditional right to acquire another interest, or for civil law another right, in respect of the property, if the other interest or right is not carved-out property of the other person because of paragraph (c), (d) a particular property acquired by the person under an arrangement solely as consideration for the sale of a Canadian resource property (other t