Income Tax Regulations — (a)
cept distribution equipment and a property included in Class 10 or 17, (iii) heat recovery equipment that is designed to conserve energy or reduce the requirement to acquire energy by extracting and reusing heat from thermal waste including condensers, heat exchange equipment, steam compressors used to upgrade low pressure steam, waste heat boilers and ancilliary equipment such as control panels, fans, instruments or pumps, (iv) an addition or alteration to a hydro electric installation described in subparagraph (ii) that results in a change in generating capacity if the new maximum generating capacity at the hydro electric installation does not exceed 15 megawatts, or (v) a fixed location device acquired after February 25, 1986, that is a wind energy conversion system designed to produce electrical energy, consisting of a wind-driven turbine, generating equipment and related equipment, including control and conditioning equipment, support structures, a powerhouse complete with equipment ancillary thereto, and transmission equipment, but not including distribution equipment, equipment designed to store electrical energy or property included in Class 10 or 17, (f) that (i) was acquired by the taxpayer for use by him for the purpose of gaining or producing income from a business carried on in Canada or from property situated in Canada, or (ii) is to be leased by the taxpayer to a lessee for use by the lessee in Canada, and (g) that is property in respect of which a certificate has been issued by the Minister of Energy, Mines and Resources, but not including (h) property in respect of which a certificate issued under paragraph (d) or (g) has been revoked pursuant to subsection 1104(11); (i) property that had been used before it was acquired by the taxpayer unless the property had previously been included in Class 34 for the purpose of computing the income of the person from whom it was acquired; (j) property acquired by the taxpayer after February 21, 1994 other than (i) property acquired by the taxpayer (A) pursuant to an agreement of purchase and sale in writing entered into by the taxpayer before February 22, 1994, (B) in order to satisfy a legally binding obligation entered into by the taxpayer in writing before February 22, 1994 to sell electricity to a public power utility in Canada, (C) that was under construction by or on behalf of the taxpayer on February 22, 1994, or (D) that is machinery or equipment that is a fixed and integral part of a building, structure or other property that was under construction by or on behalf of the taxpayer on February 22, 1994, and (ii) property acquired by the taxpayer before 1996 (A) pursuant to an agreement of purchase and sale in writing entered into before 1995 to acquire the property from a person or partnership in circumstances where (I) the property was part of a project that was under construction by the person or partnership on February 22, 1994, and (II) it is reasonable to conclude, having regard to all of the circumstances, that the person or partnership constructed the project with the intention of transferring all or part of the project to another taxpayer after completion, or (B) pursuant to an agreement in writing entered into before 1995 by the taxpayer with a person or partnership where the taxpayer agrees to assume a legally binding obligation entered into by the person or partnership before February 22, 1994 to sell electricity to a public power utility in Canada, or (k) property in respect of which a certificate has not been issued under paragraph (d) or (g) before the time that is the later of (i) the end of 1995, and (ii) 2 years after the property is acquired by the taxpayer or, where the property is property acquired in circumstances to which paragraph (j) applies, 2 years after substantial completion of the property. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/80-114, s. 1; SOR/80-935, s