53 (1) In this section, “member of his or her family” means, in relation to a transferor, the parent, spouse, grandparent, child, grandchild, son-in-law, daughter-in-law, father-in-law or mother-in-law of the transferor; (“membre de sa famille”) “spouse” means spouse as defined in section 29 of the Family Law Act. (“conjoint”) 2009, c. 34, Sched. A, s. 7; 2021, c. 4, Sched. 11, s. 1. Liability to pay (2) If at any time a person transfers property (including money), either directly or indirectly, by means of a trust or by any other means, to a member of his or her family, to an individual who is less than 18 years old at the time of the transfer, or to another person or entity with whom the transferor is not dealing at arm’s length, the transferor and transferee are jointly and severally liable to pay under this Act the amount determined under subsection (4). 2009, c. 34, Sched. A, s. 7; 2019, c. 15, Sched. 2, s. 2. Same (3) For the purpose of subsection (2), persons are deemed not to deal with each other at arm’s length if they are deemed not to deal with each other at arm’s length for the purposes of the Income Tax Act (Canada). 2009, c. 34, Sched. A, s. 7. Amount payable (4) The amount referred to in subsection (2) is the lesser of “A” and “B” where, “A”  is the amount, if any, by which the fair market value of the property transferred, at the time of the transfer, exceeds the fair market value, at the time of the transfer, of the consideration given by the transferee for the transfer, and “B”  is the sum of all amounts, each of which is, (a)  any amount payable by the transferor under this Act at or before the time of the transfer that has not been paid, (b)  any amount collected or collectable by the transferor that has not been remitted as required under this Act, or (c)  any penalty or interest for which the transferor is liable under this Act at the time of the transfer. 2009, c. 34, Sched. A, s. 7; 2019, c. 15, Sched. 2, s. 2. Same (5) Nothing in subsection (2) or (4) limits the liability of the transferor or transferee under any other provision of this Act. 2009, c. 34, Sched. A, s. 7; 2019, c. 15, Sched. 2, s. 2. Assessment (6) The Minister may assess a transferee at any time in respect of any amount payable by reason of this section, and the provisions of this Act relating to notices of assessment, objections, appeals and the collection of amounts owing under this Act apply with necessary modifications. 2009, c. 34, Sched. A, s. 7; 2019, c. 15, Sched. 2, s. 2. Effect of payment (7) If a transferor and transferee are jointly and severally liable to pay an amount under this section, (a)  a payment by the transferee on account of the transferee’s liability discharges the joint liability, to the extent of the payment; and (b)  a payment by the transferor on account of the transferor’s liability under this Act discharges the transferee’s liability under this section to the extent that the payment reduces the balance of the transferor’s liability under this Act to an amount less than the amount of the transferee’s liability under this section. 2009, c. 34, Sched. A, s. 7; 2019, c. 15, Sched. 2, s. 2. Exception (8) Subsection (2) does not apply with respect to a transfer of property, including money, between spouses, (a)  under a decree, order or judgment of a competent tribunal; or (b)  under a written separation agreement if, at the time of the transfer, the transferor and transferee were living separate and apart as a result of a breakdown of their relationship. 2009, c. 34, Sched. A, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 34, Sched. A, s. 7 - 15/12/2009 2019, c. 15, Sched. 2, s. 2 - 29/11/2021 2021, c. 4, Sched. 11, s. 1 - 19/04/2021