Excise Tax Act — E-15 352
Transfer of personal property before implementation 352 (1) If a taxable supply by way of sale of tangible personal property is made in a participating province to a person under an agreement in writing entered into before the implementation date for that province, to the extent that (a) the property is delivered to the person before that date, or (b) ownership of the property is transferred to the person before that implementation date, no tax is payable under subsection 165(2) in respect of any consideration for the supply of the property under the agreement. Exercise of option to purchase (1.1) If a recipient of a supply of tangible personal property by way of lease, licence or similar arrangement exercises an option to purchase the property provided for under the arrangement and the supply by way of sale of the property is made in a participating province, and retail sales tax in respect of the sale became payable before the implementation date for the province or would have become payable if the property or the recipient, as the case may be, were not exempt from that tax, no tax under subsection 165(2) is payable in respect of the sale. Imported taxable supply under pre-implementation date agreement (2) If an imported taxable supply (as defined in section 217) of tangible personal property is made, under an agreement in writing entered into before the implementation date for a participating province, to a person who is (a) resident in that province, or (b) a registrant to whom the property is delivered or made available, or physical possession of the property is transferred, in that province, and physical possession of the property is transferred to the person before the implementation date for that province, no tax is payable under subsection 218.1(1) in respect of any consideration for the supply of the property under the agreement. No written agreement (3) Where a taxable supply by way of sale of tangible personal property (other than a supply to which subsection (1) applies) is made in a participating province to a person, to the extent that (a) the property is delivered to the person before the implementation date for that province, or (b) ownership of the property is transferred to the person before that implementation date, no tax is payable under subsection 165(2) in respect of any consideration for the supply that is paid or becomes due before the day that is four months after that implementation date. Imported taxable supply (4) Where an imported taxable supply (within the meaning assigned by section 217) of tangible personal property (other than a supply to which subsection (2) applies) is made to a person who is (a) resident in a participating province, or (b) a registrant to whom the property is delivered or made available, or physical possession of the property is transferred, in a participating province, and physical possession of the property is transferred to the person before the implementation date for that province, no tax is payable under subsection 218.1(1) in respect of any consideration for the supply that is paid or becomes due before the day that is four months after that implementation date. Continuous supplies (5) To the extent that consideration for a supply made in a participating province of electricity, natural gas, steam or any property or service that (a) in the case of property, is delivered or made available, or (b) in the case of a service, is performed or made available on a continuous basis by means of a wire, pipeline or other conduit is paid or becomes due before the day that is four months after the implementation date for that province, no tax is payable under subsection 165(2) in respect of the property or service delivered, performed or made available, as the case may be, to the recipient before the implementation date for that province. Continuous supplies (6) To the extent that consideration for a taxable supply made in a participating province of electricity, natural gas, st