Income Tax Conventions Interpretation Act — I-4 5
Definitions 5 Notwithstanding the provisions of a convention or the Act giving the convention the force of law in Canada, in this section and in the convention, annuity does not include any pension payment or any payment under a plan, arrangement or contract described in subparagraphs (a)(i) to (ix) of the definition pension ; ( rente ) Canada means the territory of Canada, and includes (a) every area beyond the territorial seas of Canada that, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources, and (b) the seas and airspace above every area described in paragraph (a); ( Canada ) immovable property and real property , with respect to property in Canada, are hereby declared to include (a) any right to explore for or exploit mineral deposits and sources in Canada and other natural resources in Canada, and (b) any right to an amount computed by reference to the production, including profit, from, or to the value of production from, mineral deposits and sources in Canada and other natural resources in Canada; ( biens immobiliers et biens immeubles ) pension means, in respect of payments that arise in Canada, (a) if the convention does not include a definition pension , a payment under any plan, arrangement or contract that is (i) a registered pension plan, (ii) a registered retirement savings plan, (iii) a registered retirement income fund, (iv) a retirement compensation arrangement, (v) a deferred profit sharing plan, (vi) a plan that is deemed by subsection 147(15) of the Income Tax Act not to be a deferred profit sharing plan, (vii) an annuity contract purchased under a plan referred to in subparagraph (v) or (vi), (viii) an annuity contract where the amount paid by or on behalf of an individual to acquire the contract was deductible under paragraph 60(l) of the Income Tax Act in computing the individual’s income for any taxation year (or would have been so deductible if the individual had been resident in Canada), or (ix) a superannuation, pension or retirement plan not otherwise referred to in this paragraph, and (b) if the convention includes a definition pension , a payment that is a pension for the purposes of the convention or a payment (other than a payment of social security benefits) that would be a periodic pension payment if the convention did not include a definition pension ; ( pension ) periodic pension payment means, in respect of payments that arise in Canada, a pension payment other than (a) a lump sum payment, or a payment that can reasonably be considered to be an instalment of a lump sum amount, under a registered pension plan, (b) a payment before maturity, or a payment in full or partial commutation of the retirement income, under a registered retirement savings plan, (c) a payment at any time in a calendar year under a registered retirement income fund, where the total of all payments (other than the specified portion of each such payment) made under the fund at or before that time and in the year exceeds the total of (i) the amount that would be the greater of (A) twice the amount that, if the value of C in the definition minimum amount in subsection 146.3(1) of the Income Tax Act were nil, would be the minimum amount under the fund for the year, and (B) 10% of the fair market value of the property (other than annuity contracts that, at the beginning of the year, are not described in paragraph (b.1) of the definition qualified investment in subsection 146.3(1) of the Income Tax Act ) held in connection with the fund at the beginning of the year if all property transferred in the year and before that time to the carrier of the fund as consideration for the carrier’s undertaking to make payments under the fund had been so transferred immediately before the beginning of the year and if the definition minimum amount in subsection 146.3(1) of the Income Tax Act applied with re