GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Income Tax Act — I-3.3 (a)
relevant funding arrangement means (a) the particular debt or other obligation referred to in paragraph (3.1)(a); and (b) each debt or other obligation or specified right, owing by or granted to a relevant funder, in respect of a particular relevant funding arrangement, if the debt or other obligation or specified right meets the conditions in subparagraph (3.1)(c)(i) or (ii) in respect of a relevant funding arrangement. ( mécanisme de financement considéré )
Income Tax Act — I-3.3 (a)
specified licensee means (a) a lessee, licensee or grantee of a right similar to a right granted under a lease or licence, under a specified royalty arrangement; (b) an assignee under a specified royalty arrangement; or (c) a purchaser under a specified royalty arrangement. ( porteur de licence déterminé )
Income Tax Act — I-3.3 (a)
specified licensor means (a) a lessor, licensor or grantor of a right similar to a right granted under a lease or licence, under a specified royalty arrangement; (b) an assignor under a specified royalty arrangement; or (c) a seller under a specified royalty arrangement. ( cédant de licence déterminé )
Income Tax Act — I-3.3
specified royalty arrangement has the same meaning as in subsection (3.94). ( mécanisme de redevance déterminé )
Income Tax Act — I-3.3 (a)
specified share means a share of the capital stock of a corporation if, under the terms or conditions of the share, or any agreement or arrangement relating to the share, (a) the holder of the share may cause the share to be redeemed, acquired or cancelled; (b) the issuing corporation is, or may be, required to redeem, acquire or cancel the share at a specific time; or (c) the share is convertible or exchangeable into a share that meets the conditions in paragraph (a) or (b). ( action déterminée )
Income Tax Act — I-3.3 (a)
ultimate funder means a relevant funder, in respect of a relevant funding arrangement (other than the immediate funder) that either (a) is not a debtor, or a holder of a specified right, under a relevant funding arrangement; or (b) is a debtor, or a holder of a specified right, under a relevant funding arrangement, if the amount that would — if the relevant funder were an ultimate funder — be determined for C in the formula in subsection (3.2) is greater than nil. ( bailleur de fonds ultime )
Income Tax Act — I-3.3
lease, licence or similar agreement means an agreement under which a rent, royalty or similar payment is or could be made. ( convention de bail, licence ou autre convention semblable )
Income Tax Act — I-3.3 (a)
relevant licensor , in respect of a relevant royalty arrangement, means (a) if the relevant royalty arrangement is described in paragraph (a) of the definition relevant royalty arrangement , the immediate licensor referred to in paragraph (3.9)(a); (b) if the relevant royalty arrangement is described in paragraph (b) of the definition relevant royalty arrangement , a person or partnership that is the lessor, the licensor or the grantor of a right similar to a right granted under a lease or licence, the assignor or the seller, as the case may be; or (c) a person or partnership that does not deal at arm’s length with a relevant licensor referred to in paragraph (a) or (b). ( cédant de licence considéré )
Income Tax Act — I-3.3 (a)
relevant royalty arrangement means (a) the particular lease, licence or similar agreement referred to in paragraph (3.9)(a); and (b) each specified royalty arrangement that (i) meets, in respect of a relevant royalty arrangement, the conditions in clause (3.9)(b)(i)(A) or (B), and (ii) is an arrangement in respect of which the person or partnership referred to in subparagraph (3.9)(b)(ii) meets the conditions in clause (3.9)(b)(ii)(A) or (B). ( mécanisme de redevance considéré )
Income Tax Act — I-3.3
rent, royalty or similar payment means a rent, royalty or similar payment described in paragraph (1)(d) and, for greater certainty, includes any payment described in subparagraphs (1)(d)(i) to (v) but does not include any payment described in subparagraphs (1)(d)(vi) to (xii). ( loyer, redevance ou paiement semblable )
Income Tax Act — I-3.3
specified royalty arrangement means a lease, license or similar agreement, an assignment or an instalment sale. ( mécanisme de redevance déterminé )
Income Tax Act — I-3.3 (a)
ultimate licensor means a relevant licensor (other than the immediate licensor), in respect of a relevant royalty arrangement, that is not, under a relevant royalty arrangement, (a) a lessee, a licensee or a grantee of a right similar to a right granted under a lease or licence; (b) an assignee; or (c) a purchaser. ( cédant de licence ultime )
Income Tax Act — I-3.3 212.1
6)(d) are, in respect of an interest as a beneficiary under a trust held by a person or partnership, deemed to be equal to one if (a) the person or partnership’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, any discretionary power; and (b) it can reasonably be considered that one of the reasons for the discretionary power is to avoid or limit the application of subsection (1.1). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 212.1; 1994, c. 7, Sch. II, s. 175, Sch. VIII, s. 124; 1999, c. 22, s. 76; 2000, c. 12, s. 142; 2013, c. 40, s. 82; 2016, c. 12, s. 58; 2018, c. 27, s. 21 2026, c. 3, s. 88
Income Tax Act — I-3.3 (a)
cross-border class , in respect of an investment, means a class of shares of the capital stock of a CRIC or qualifying substitute corporation if, immediately after the dividend time in respect of the investment, (a) a parent, or a non-resident person that does not deal at arm’s length with a parent, owns at least one share of the class; and (b) no more than 30% of the issued and outstanding shares of the class are owned by one or more persons resident in Canada that do not deal at arm’s length with a parent. ( catégorie transfrontalière )
Income Tax Act — I-3.3 (a)
dividend time , in respect of an investment, means (a) if the CRIC is controlled by a parent or group of parents at the investment time, the investment time; and (b) in any other case, the earlier of (i) the first time, after the investment time, at which the CRIC is controlled by a parent or group of parents, as the case may be, and (ii) the day that is one year after the day that includes the investment time. ( moment du dividende )
Income Tax Act — I-3.3 (a)
qualifying substitute corporation , at any time in respect of a CRIC, means a corporation resident in Canada (a) that is, at that time, controlled by (i) a parent, (ii) a group of parents, or (iii) a non-resident person that does not deal at arm’s length with a parent; (b) that has, at that time, an equity percentage (as defined in subsection 95(4)) in the CRIC; and (c) shares of the capital stock of which are, at that time, owned by a parent or another non-resident person with which the parent does not, at that time, deal at arm’s length. ( société de substitution admissible )
Income Tax Act — I-3.3 213
Tax non-payable by non-resident person 213 (1) Tax is not payable by a non-resident person under subsection 212(2) on a dividend in respect of a share of the capital stock of a foreign business corporation if not less than 90% of the total of the received or receivable by it that are required to be included in computing its income for the taxation year in which the dividend was paid was received or receivable in respect of the operation by it of public utilities or from mining, transporting and processing of ore in a country in which (a) if the non-resident person is an individual, the non-resident person resides; or (b) if the non-resident person is a corporation, individuals who own more than 50% of its share capital (having full voting rights under all circumstances) reside. Idem (2) For the purposes of this section, if 90% of the total of the received or receivable by a corporation that are required to be included in computing its income for a taxation year was received or receivable in respect of the operation by it of public utilities or from the mining, transporting and processing of ore, an amount received or receivable in that year from that corporation by another corporation shall, if it is required to be included in computing the receiving corporation’s income for the year, be deemed to have been received by the receiving corporation in respect of the operation by it of public utilities or from the mining, transporting and processing of ore by it in the country in which the public utilities were operated or the mining, transporting and processing of ore was carried out by the payer corporation. Corporation deemed to be foreign business corporation (3) For the purposes of this section, a corporation shall be deemed to be a foreign business corporation at a particular time if it would have been a foreign business corporation within the meaning of section 71 of the Income Tax Act , chapter 148 of the Revised Statutes of Canada, 1952 (as that section read in its application to the 1971 taxation year), for the taxation year of the corporation in which the particular time occurred, if that section had been applicable to that taxation year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1970-71-72, c. 63, s. 1“213”
Income Tax Act — I-3.3 214
aid as dividends and not as interest. Deemed interest payments (17) For the purposes of subsections (16) and (18), (a) interest payable (other than interest payable pursuant to a legal obligation to pay interest on an amount of interest) by a corporation resident in Canada, or by a partnership, in respect of a taxation year of the corporation, but that has not been paid or credited in the year, is deemed to have been paid immediately before the end of the year and not to have been paid or credited at any other time; and (b) if subsection (6) or (7) deems a payment of interest to have been made to a non-resident person in respect of a debt or other obligation of a corporation, interest that, at the time of the transfer or assignment, is payable by the corporation in respect of the debt or other obligation and has not been paid or credited is deemed to have been paid by the corporation immediately before that time to the non-resident person. Hybrid mismatch arrangements — deemed dividend (18) For the purposes of this Part, an amount paid or credited as interest by a corporation resident in Canada in a taxation year of the corporation to a non-resident person is deemed to have been paid by the corporation as a dividend, and not to have been paid or credited by the corporation as interest, to the extent that an amount in respect of the interest is not deductible in computing the income of the corporation for the year because of subsection 18.4(4). [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 214; 1994, c. 7, Sch. II, s. 176, Sch. VIII, s. 125, c. 21, s. 98; 1998, c. 19, s. 63; 2001, c. 17, s. 227; 2007, c. 35, s. 60; 2012, c. 31, s. 50; 2013, c. 34, s. 348(F), c. 40, s. 83 2023, c. 26, s. 64 2024, c. 15, s. 59 2026, c. 3, s. 89
Income Tax Act — I-3.3 215
paragraphs 212(1)(h), (j) to (m) and (q) reducing the amount otherwise required by any of subsections (1) to (3) to be deducted or withheld from the amount so paid or credited. Liability for tax (6) Where a person has failed to deduct or withhold any amount as required by this section from an amount paid or credited or deemed to have been paid or credited to a non-resident person, that person is liable to pay as tax under this Part on behalf of the non-resident person the whole of the amount that should have been deducted or withheld, and is entitled to deduct or withhold from any amount paid or credited by that person to the non-resident person or otherwise recover from the non-resident person any amount paid by that person as tax under this Part on behalf thereof. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 215; 1994, c. 7, Sch. II, s. 177; 1999, c. 22, s. 77; 2001, c. 17, s. 174; 2013, c. 34, s. 19 2026, c. 3, s. 90
Income Tax Act — I-3.3 216
9; (b) the person’s income from the person’s interest in real property, or real right in immovables, in Canada or interest in, or for civil law right in, timber resource properties and timber limits in Canada, and the person’s share of the income of a partnership of which the person was a member from its interest in real property, or real right in immovables, in Canada or interest in, or for civil law right in, timber resource properties and timber limits in Canada, were the person’s only income; (c) the person were entitled to no deductions from income for the purpose of computing the person’s taxable income; and (d) the person were entitled to no deductions under sections 118 to 118.9 in computing the person’s tax payable under Part I for the year. Saving provision (6) Subsection 216(5) does not apply to require a non-resident person (a) to file a return of income under Part I for a taxation year unless, by filing that return, there would be included in computing the non-resident person’s income under Part I for that year an amount by virtue of section 13; or (b) to include in computing the non-resident person’s income for a taxation year any amount to the extent that that amount has been included in computing the non-resident person’s taxable income earned in Canada for that taxation year by virtue of any provision of this Act other than subsection 216(5). (7) [Repealed, 2013, c. 34, s. 349] Restriction on deduction (8) For greater certainty, in determining the amount of tax payable by a non-resident person under Part I for a taxation year by reason of subsection 216(1) or 216(5), no deduction in computing the non-resident person’s income or tax payable under Part I for the year shall be made to the extent that such a deduction by non-resident persons is not permitted under Part I. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 216; 1994, c. 7, Sch. II, s. 178; 1998, c. 19, s. 217; 2013, c. 34, ss. 20, 158, 349 2024, c. 15, s. 60
Income Tax Act — I-3.3 216.1
Alternative re: acting services 216.1 (1) No tax is payable under this Part on any amount described in subsection 212(5.1) that is paid, credited or provided to a non-resident person in a taxation year if the person (a) files with the Minister, on or before the person’s filing-due date for the year, a return of income under Part I for the year; and (b) elects in the return to have this section apply for the year. Deemed Part I payment (2) If in respect of a particular amount paid, credited or provided in a taxation year, a non-resident person has complied with paragraphs (1)(a) and (b), any amount deducted or withheld and remitted to the Receiver General on behalf of the person on account of tax under subsection 212(5.1) in respect of the particular amount is deemed to have been paid on account of the person’s tax under Part I. Deemed election and restriction (3) Where a corporation payment (within the meaning assigned by subsection 212(5.2)) has been made to a non-resident corporation in respect of an actor and at any time the corporation makes an actor payment (within the meaning assigned by subsection 212(5.2)) to or for the benefit of the actor, if the corporation makes an election under subsection (1) for the taxation year in which the corporation payment is made, the actor is deemed to make an election under subsection (1) for the taxation year of the actor in which the corporation makes the actor payment. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2001, c. 17, s. 175
Income Tax Act — I-3.3 217
 amount determined under subparagraph (3)(b)(ii) in respect of the person for the year; and C is the amount determined under subparagraph (3)(b)(i) in respect of the person for the year. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] R.S., 1985, c. 1 (5th Supp.), s. 217; 1994, c. 7, Sch. II, s. 179; 1996, c. 21, s. 56; 1997, c. 25, s. 64; 1998, c. 19, s. 64; 2016, c. 7, s. 45
Income Tax Act — I-3.3 218
Loan to wholly-owned subsidiary 218 (1) For the purposes of this Act, where (a) a non-resident corporation (in this section referred to as the “parent corporation”) is indebted to (i) a person resident in Canada, or (ii) a non-resident insurance corporation carrying on business in Canada, (in this section referred to as the “creditor”) under an arrangement whereby the parent corporation is required to pay interest in Canadian currency, and (b) the parent corporation has lent the money in respect of which it is so indebted, or a part thereof, to a subsidiary wholly-owned corporation resident in Canada whose principal business is the making of loans (in this section referred to as the “subsidiary corporation”) under an arrangement whereby the subsidiary corporation is required to repay the loan to the parent corporation with interest at the same rate as is payable by the parent corporation to the creditor, the amount so lent by the parent corporation to the subsidiary corporation shall be deemed to have been borrowed by the parent corporation as agent of the subsidiary corporation and interest paid by the subsidiary corporation to the parent corporation that has been paid by the parent corporation to the creditor shall be deemed to have been paid by the subsidiary corporation to the creditor and not by the subsidiary corporation to the parent corporation or by the parent corporation to the creditor. Idem (2) Where a parent corporation has lent money to a subsidiary wholly-owned corporation resident in Canada whose principal business is not the making of loans and the money has been lent by that corporation to a subsidiary corporation wholly-owned by it and resident in Canada whose principal business is the making of loans, the loan by the parent corporation shall be deemed, for the purpose of subsection 218(1), to have been a loan to a subsidiary wholly-owned corporation whose principal business is the making of loans. Election (3) This section does not apply in respect of any payment of interest unless the parent corporation and the creditor have executed, and filed with the Minister, an election in prescribed form. Application of election (4) An election filed under subsection 218(3) does not apply in respect of any payment of interest made more than 12 months before the date on which the election was filed with the Minister. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1970-71-72, c. 63, s. 1 “218”; 1985, c. 45, s. 126(F)
Income Tax Act — I-3.3 218.1
Application of s. 138.1 218.1 In respect of life insurance policies for which all or any part of an insurer’s reserves vary in amount depending on the fair market value of a specified group of properties, the rules contained in section 138.1 apply for the purposes of this Part. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1977-78, c. 1, s. 69
Income Tax Act — I-3.3 218.2
Branch interest tax 218.2 (1) Every authorized foreign bank shall pay a tax under this Part for each taxation year equal to 25% of its taxable interest expense for the year. Taxable interest expense (2) The taxable interest expense of an authorized foreign bank for a taxation year is 15% of the amount, if any, by which (a) the total of all amounts on account of interest that are deducted under section 20.2 in computing the bank’s income for the year from its Canadian banking business exceeds (b) the total of all amounts that are included in paragraph (a) and that are in respect of a liability of the bank to another person or partnership. Where tax not payable (3) No tax is payable under this Part for a taxation year by an authorized foreign bank if (a) the bank is resident in a country with which Canada has a tax treaty at the end of the year; and (b) no tax similar to the tax under this Part would be payable in that country for the year by a bank resident in Canada carrying on business in that country during the year. Rate limitation (4) Notwithstanding any other provision of this Act, the reference in subsection (1) to 25% shall, in respect of a taxation year of an authorized foreign bank that is resident in a country with which Canada has a tax treaty on the last day of the year, be read as a reference to, (a) if the treaty specifies the maximum rate of tax that Canada may impose under this Part for the year on residents of that country, that rate; (b) if the treaty does not specify a maximum rate as described in paragraph (a) but does specify the maximum rate of tax that Canada may impose on a payment of interest in the year by a person resident in Canada to a related person resident in that country, that rate; and (c) in any other case, 25%. Provisions applicable to Part (5) Sections 150 to 152, 158, 159, 160.1 and 161 to 167 and Division J of Part I apply to this Part with any modifications that the circumstances require. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2001, c. 17, s. 176
Income Tax Act — I-3.3
assessable distribution , in respect of a Canadian property mutual fund investment, means the portion of any amount that is paid or credited (otherwise than as a SIFT trust wind-up event), by the mutual fund that issued the investment, to a non-resident investor who holds the investment, and that is not otherwise subject to tax under Part I or Part XIII. ( distribution déterminée )
Income Tax Act — I-3.3 (a)
Canadian property mutual fund investment means a share of the capital stock of a mutual fund corporation, or a unit of a mutual fund trust, if (a) the share or unit is listed on a designated stock exchange; and (b) more than 50% of the fair market value of the share or unit is attributable to one or more properties each of which is real property in Canada, a Canadian resource property or a timber resource property. ( placement collectif en biens canadiens )
Income Tax Act — I-3.3 (a)
Canadian property mutual fund loss — of a non-resident investor for a taxation year for which the non-resident investor has filed, on or before their filing-due date for the taxation year, a return of income under this Part in prescribed form, in respect of a Canadian property mutual fund investment — means the lesser of (a) the non-resident investor’s loss (for greater certainty as determined under section 40) for the taxation year from the disposition of the Canadian property mutual fund investment, and (b) the total of all assessable distributions that were paid or credited on the Canadian property mutual fund investment after the non-resident investor last acquired the investment and at or before the time of the disposition. ( perte collective en biens canadiens )
Income Tax Act — I-3.3
non-resident investor means a non-resident person or a partnership other than a Canadian partnership. ( investisseur non résident )
Income Tax Act — I-3.3
unused Canadian property mutual fund loss , of a non-resident investor for a taxation year, means the portion of the total of the non-resident investor’s Canadian mutual fund property losses for preceding taxation years that has neither reduced under subsection (3) the amount of tax payable, nor increased under subsection (5) the amount of a refund of tax paid, under this Part for any preceding taxation year. ( perte collective en biens canadiens inutilisée )