Income Tax Act — I-3.3 (a)
clean electricity property means property of a qualifying entity (a) that is not part of a project the construction of which started before March 28, 2023 (and for this purpose, construction does not include obtaining permits or regulatory approval, conducting environmental assessments, community consultations or impact assessment studies or similar activities); (b) that is situated in Canada (including property described in subparagraph (d)‍(v) or (xiv) of Class 43.‍1 in Schedule II to the Income Tax Regulations that is installed in the exclusive economic zone of Canada) and intended for use exclusively in Canada; (c) that has not been used, or acquired for use or lease, for any purpose whatever before it was acquired by the entity; (d) that, if it is to be leased by a qualifying entity to another person or partnership, is (i) leased to a qualifying entity or a partnership all the members of which are qualifying entities, and (ii) leased in the ordinary course of carrying on a business in Canada by the qualifying entity whose principal business is selling or servicing property of that type, or whose principal business is leasing property, lending money, purchasing conditional sales contracts, accounts receivable, bills of sale, chattel mortgages or hypothecary claims on movables, bills of exchange or other obligations representing all or part of the sale price of merchandise or services, or any combination thereof; and (e) that is (i) property that would be described in subparagraph (d)(ii) of Class 43.1 in Schedule II to the Income Tax Regulations , if that subparagraph were read without reference to its clause (A), (ii) described in subparagraph (d)(v), (vi) or (xiv) of Class 43.1 in Schedule II to the Income Tax Regulations , but excluding a test wind turbine (within the meaning assigned by subsection 1219(3) of the Income Tax Regulations ), (iii) concentrated solar energy equipment , as defined in subsection 127.45(1), that is part of a system used solely for the purpose of generating electrical energy, exclusively from concentrated sunlight, (iv) nuclear energy property, (v) equipment that (A) is part of a system that (I) exports more electrical energy than heat energy on a net basis, as determined on an annual basis, and (II) does not extract fossil fuels for sale, (B) is used exclusively for the purpose of generating electrical energy, or a combination of electrical energy and heat energy, solely from geothermal energy, and (C) is described in subparagraph (d)(vii) of Class 43.1 in Schedule II to the Income Tax Regulations , (vi) waste biomass electricity generation equipment , as defined in subsection 127.45(1), that is part of a system that exports more electrical energy than heat energy on a net basis, as determined on an annual basis, (vii) described in subparagraph (d)(xviii) or (xix) of Class 43.1 in Schedule II to the Income Tax Regulations , but excluding equipment that uses any fossil fuel in operation, (viii) qualified natural gas energy equipment, (ix) qualified interprovincial transmission equipment, or (x) incorporated into another property described in any of subparagraphs (i) to (ix), as part of a refurbishment of the other property provided that on completion of the refurbishment the other property is still described in any of subparagraphs (i) to (ix). ( bien pour l’électricité propre )