Income Tax Act — I-3.3 110
 not less than the amount by which (I) the fair market value of the particular security at the time the original agreement was made exceeded (II) the amount, if any, paid by the taxpayer to acquire the right to acquire the security, and (D) for the purpose of determining if the condition in paragraph 7(1.4)(c) was satisfied with respect to each of the particular dispositions following the first of those dispositions, (I) the amount that was included, in respect of each particular security that could be acquired under the agreement the rights under which were the subject of the particular disposition, in the amount determined under subparagraph 7(1.4)(c)(iv) with respect to the particular disposition was not less than (II) the amount that was included, in respect of the particular security, in the amount determined under subparagraph 7(1.4)(c)(ii) with respect to the last of those dispositions preceding the particular disposition; Charitable donation of employee option securities (d.01) subject to subsection (2.1), if the taxpayer disposes of a security acquired in the year by the taxpayer under an agreement referred to in subsection 7(1) by making a gift of the security to a qualified donee, an amount in respect of the disposition of the security equal to 1/2 of the lesser of the benefit deemed by paragraph 7(1)(a) to have been received by the taxpayer in the year in respect of the acquisition of the security and the amount that would have been that benefit had the value of the security at the time of its acquisition by the taxpayer been equal to the value of the security at the time of the disposition, if (i) the security is a security described in subparagraph 38(a.1)(i), (ii) [Repealed, 2002, c. 9, s. 33(1)] (iii) the gift is made in the year and on or before the day that is 30 days after the day on which the taxpayer acquired the security, and (iv) the taxpayer is entitled to a deduction under paragraph (d) in respect of the acquisition of the security; Idem (d.1) where the taxpayer (i) is deemed, under paragraph 7(1)(a) by virtue of subsection 7(1.1), to have received a benefit in the year in respect of a share acquired by the taxpayer after May 22, 1985, (ii) has not disposed of the share (otherwise than as a consequence of the taxpayer’s death) or exchanged the share within two years after the date the taxpayer acquired it, and (iii) has not deducted an amount under paragraph 110(1)(d) in respect of the benefit in computing the taxpayer’s taxable income for the year, an amount equal to 1/2 of the amount of the benefit; Prospector’s and grubstaker’s shares (d.2) where the taxpayer has, under paragraph 35(1)(d), included an amount in the taxpayer’s income for the year in respect of a share received after May 22, 1985, an amount equal to 1/2 of that amount unless that amount is exempt from income tax in Canada by reason of a provision contained in a tax convention or agreement with another country that has the force of law in Canada; Employer’s shares (d.3) where the taxpayer has, under subsection 147 (10.4), included an amount in computing the taxpayer’s income for the year, an amount equal to 1/2 of that amount; Employer deduction — non-qualified securities (e) an amount equal to the amount of the benefit in respect of employment with the taxpayer deemed by subsection 7(1) to have been received by an individual in the year in respect of a non-qualified security that the taxpayer (or a qualifying person that does not deal at arm’s length with the taxpayer) has agreed to sell or issue under an agreement with the individual, if (i) the taxpayer is a qualifying person, (ii) at the time the agreement was entered into, the individual was an employee of the taxpayer, (iii) the amount is not claimed as a deduction in computing the taxable income of another qualifying person, (iv) an amount would have been deductible in computing the taxable income of the individual under paragraph (d) if the security were not a non-qualified sec