jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART 0.I GENERAL
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Application
 0.1 This Regulation applies in respect of taxation years ending after December 31, 2008, except as otherwise provided in this or any other regulation.  O. Reg. 70/10, s. 1. Part I   Income Tax — Individuals
PART I INCOME TAX — INDIVIDUALS
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Carryforward amount re tax credit for minimum tax
 1. (1) For the purposes of clause 15 (1) (b) of the Taxation Act, 2007, an individual’s carryforward amount for a taxation year in respect of minimum tax is the amount calculated using the formula, A × B × C in which, “A” is the amount deducted under section 120.2 of the Federal Act for the year, “B” is the amount determined by dividing “D” by “E” where, “D” is the lowest tax rate for the year, and “E” is the appropriate percentage for the year under the Federal Act, and “C” is the Ontario allocation factor in respect of the individual for the year. O. Reg. 70/10, s. 2. (2) For the purposes of subsection (1), the result obtained by dividing “D” by “E” shall be rounded to the nearest one-thousandth or, if the result obtained by that division is equidistant from two consecutive thousandths, to the higher thousandth.  O. Reg. 70/10, s. 2.
Property and sales tax credits
 2. (1) For the purposes of the definition of “designated principal residence” in subsection 98 (1) of the Act an individual shall designate his or her principal residence for a taxation year by, (a) completing a declaration setting out the address of his or her principal residence for the year; and (b) filing the completed declaration as part of the return filed by the individual for the year.  O. Reg. 37/09, s. 2 (1). (2) If an individual’s principal residence changes during the year, the individual shall set out the address of each principal residence in the declaration.  O. Reg. 37/09, s. 2 (2). (3) The following are prescribed for the purposes of clause (d) of the definition of “municipal tax” in subsection 98 (1) of the Act: 1. Amounts paid under the Statute Labour Act, or under a by-law passed under the authority of that Act for the commutation of statute labour. 2. Amounts paid for fees charged by a school board or licence fees levied by a municipality in respect of a mobile home.  O. Reg. 37/09, s. 2 (3). (4) For the purposes of paragraph 5 of subsection 98 (2) of the Act and paragraph 5 of subsection 98 (3) of the Act, the prescribed amount for a taxation year with respect to a designated principal residence of an individual for the year that is in a student’s residence designated by the Ontario Minister is $25.  O. Reg. 37/09, s. 2 (4). (5) The following institutions are prescribed for the purposes of subparagraph 4 i of subsection 98 (5) of the Act: 1. An “institution” as defined in subsection 21 (1) of the Health Protection and Promotion Act. 2. A hospital listed in Group F or G in the list of public hospitals maintained under subsection 32.1 (2) of the Public Hospitals Act.  O. Reg. 37/09, s. 2 (5).
Senior homeowners’ property tax grant
 3. (1) For the purposes of the definition of “designated principal residence” in subsection 104.1 (1) of the Act an individual shall designate his or her principal residence for a taxation year by, (a) completing a declaration setting out the address of his or her principal residence for the year; and (b) filing the completed declaration as part of the return filed by the individual for the year.  O. Reg. 37/09, s. 3 (1). (2) If an individual’s principal residence changes during the year, the individual shall set out the address of each principal residence in the declaration.  O. Reg. 37/09, s. 3 (2). 4. Revoked: O. Reg. 137/17, s. 1. Part II   Income Tax — corporations
PART II INCOME TAX — CORPORATIONS
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Definition
 5. In this Part, “Canadian fossil fuel source” means, (a) a natural accumulation of petroleum or natural gas in Canada other than a mineral resource, (b) an oil or gas well in Canada, (c) a bituminous sands deposit in Canada that is a mineral resource for the purposes of the Act, or (d) an oil shale deposit in Canada.  O. Reg. 37/09, s. 5.
Tax credit for manufacturing and processing
 6. (1) For the purposes section 33 of the Act,  “industrial mining operations” means, (a) the extraction or production of industrial mineral ore from or in an industrial mine, (b) the transportation of industrial mineral ore to the point of egress from the industrial mine, and (c) the processing of industrial mineral ore, (i) before or in the course of its transportation to the point of egress from the industrial mine, and (ii) before its removal from the industrial mine.  O. Reg. 37/09, s. 6 (1). (2) In this section, “industrial mine” means any work or undertaking from which material is extracted or produced from a resource in Canada that is not a mineral resource; “industrial mineral” means a mineral that is not obtained from a mineral resource; “industrial mineral ore” includes an unprocessed industrial mineral or a substance bearing an industrial mineral.  O. Reg. 37/09, s. 6 (2).
PART III CORPORATE MINIMUM TAX
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PART IV CAPITAL TAX — FINANCIAL INSTITUTIONS
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Division A — Prescribed Financial Institutions
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Prescribed financial institutions for capital tax purposes
 10. (1) The following corporations are prescribed as financial institutions for a taxation year for the purposes of subsection 66 (2) of the Act: 1. A corporation all or substantially all of whose assets consist of shares or indebtedness of one or more financial institutions that are related to the corporation in the particular year. 2. A corporation all or substantially all of whose assets consist of shares or indebtedness of one or more insurance corporations that are related to the corporation if, i. each of the insurance corporations carries on business in Canada at any time in the particular year, and ii. the corporation elects in its return of income for the particular year to be a financial institution for the purposes of subsection 66 (2) of the Act. 3. A corporation, other than a corporation referred to in paragraph 1 or 2, all or substantially all of whose assets consist of shares or indebtedness of one or more financial institutions that are related to the corporation in the particular year and shares or indebtedness of one or more insurance corporations that are related to the corporation in the particular year if, i. each of the insurance corporations carries on business in Canada at any time in the particular year, and ii. the corporation elects in its return of income for the particular year to be a financial institution for the purposes of subsection 66 (2) of the Act. 4. Accredited Home Lenders Canada Inc. 5. AmeriCredit Financial Services of Canada Limited. 6. Associates Capital Corporation of Canada. 7. Avco Financial Services Canada Limited. 8. Avco Financial Services Quebec Limited. 9. Avco Financial Services Realty Limited. 10. Citibank Canada Investment Funds Limited. 11. CitiCapital Commercial Corporation. 12. CitiFinancial Canada, Inc. 13. CitiFinancial Mortgage Corporation. 14. CitiFinancial Services of Canada Ltd. 15. GE Card Services Canada Inc. 16. General Motors Acceptance Corporation of Canada, Limited. 17. Ford Credit Canada Limited. 18. Household Commercial Canada Inc. 19. Household Finance Corporation of Canada. 20. Household Financial Corporation Limited. 21. Household Realty Corporation Limited. 22. John Deere Credit Inc. 23. Merchant Retail Services Limited. 24. PACCAR Financial Limited. 25. State Farm Finance Corporation of Canada. 26. VFC Inc. 27. Wells Fargo Financial Canada Corporation. 28. Wells Fargo Financial Corporation Canada. 29. Wells Fargo Financial Retail Services Company.  O. Reg. 37/09, s. 10 (1). (2) For the purposes of subparagraphs 2 ii and 3 ii of subsection (1), a corporation is deemed to elect in its return of income for a taxation year to be a financial institution under subsection 66 (2) of the Act if the corporation calculates its tax under Division E of Part III of the Act for the year on the basis that it is a financial institution.  O. Reg. 37/09, s. 10 (2). Division B — Small Business Investment Tax Credit
Division B — Small Business Investment Tax Credit
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Amount of consideration for eligible investment
 12. (1) For the purposes of section 76 of the Act, the amount of consideration for which an eligible investment is issued is the total consideration expressed in Canadian currency for which the eligible investment is issued or made.  O. Reg. 37/09, s. 12 (1). (2) Despite subsection (1), if a deposit-taking institution, an insurance corporation related to a deposit-taking institution or a specified corporation makes an eligible investment in a qualifying small business corporation or qualifying small business in substitution for another investment in the corporation or business, other than a short-term loan, the following rules apply: 1. The consideration for which the eligible investment is issued is deemed to be the amount, if any, by which the amount of the consideration otherwise determined under this section exceeds the fair market value of the other investment immediately before the substitution. 2. The consideration for which the eligible investment is issued, as determined under paragraph 1, shall not be greater than the amount, if any, by which the fair market value of the eligible investment issued in substitution for the other investment exceeds the fair market value of the other investment.  O. Reg. 37/09, s. 12 (2). (3) Despite subsections (1) and (2),  a series of two or more eligible investments made by one or more corporations, each of which is a deposit-taking institution or a corporation related to a deposit-taking institution, in the same qualifying small business corporation or qualifying small business or in two or more corporations or businesses in the same associated group is deemed to be a single investment if it is reasonable to consider that the series of investments was made instead of one or more larger investments in order that one or more financial institutions may increase the amount otherwise calculated as “E” in subsection 72 (1) of the Act.  O. Reg. 37/09, s. 12 (3). (4) In this section, “short-term loan” means a loan that, (a) has a term or remaining term of less than 12 months, or (b) is payable on the demand of the lender or subsequent holder, if the demand may be made within 12 months after the loan is made.  O. Reg. 37/09, s. 12 (4).
Below-prime loan
 13. (1) In section 75 of the Act, “average bank prime rate” means, as of a particular date, the mean rounded to the nearest whole percentage point of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada.  O. Reg. 37/09, s. 13 (1). (2) The following are prescribed classes of businesses for the purposes of paragraph 3 of subsection 75 (1) of the Act: 1. The professional practice of accounting, law, dentistry or medicine. 2. The provision of managerial, administrative, financial, maintenance or other similar services to one or more businesses listed in paragraph 1.  O. Reg. 37/09, s. 13 (2). (3) For the purposes of subsection 75 (5) of the Act, the average outstanding balance during a taxation year of a below-prime loan owed to a corporation that is a financial institution, an insurance corporation or a specified corporation is determined using the average outstanding balances of the loan determined daily for each day in the corporation’s taxation year, weekly for each week in the corporation’s taxation year or monthly for each month in the corporation’s taxation year and, if the taxation year is less than 365 days, the amount otherwise determined shall be multiplied by the ratio of the number of days in the taxation year to 365.  O. Reg. 37/09, s. 13 (3).
Patient capital investment
 14. (1) For the purposes of clause 76 (1) (a) of the Act, an investment made in a qualifying small business corporation must be made in consideration for the issue by the qualifying small business corporation of one or more qualifying shares or qualifying obligations in order to be a patient capital investment.  O. Reg. 37/09, s. 14 (1). (2) Subject to clause 76 (1) (b) of the Act and subsection (3) of this section, a loan made after May 6, 1997 to a qualifying small business by a deposit-taking institution or by a corporation that was a specified corporation or insurance corporation related to the deposit-taking institution when the investment was made is a patient capital investment, unless, (a) by reason of clause 11 (2) (a), (b), (d) or (e), the loan would not be a qualifying obligation if it had been issued by a qualifying small business corporation; or (b) as a result of the terms of the loan or of any security provided for it, the loan is not subordinate in right of repayment to all other debt obligations of the qualifying small business, other than the payment of, (i) qualifying obligations owing to the lender or to a person related to the lender, and (ii) obligations owing to, (A) a
partner of the qualifying partnership or a person related to a partner of the qualifying partnership, if the business is carried on by a qualifying partnership, or (B) a person related to the qualifying sole proprietor, if the business is carried on by a qualifying sole proprietor.  O. Reg. 37/09, s. 14 (2). (3) A loan to a qualifying sole proprietor is not a patient capital investment unless the qualifying sole proprietor gives to the lender, (a) financial statements covering the operations of the business carried on by the qualifying sole proprietor for the 12-month period ending at the end of its last fiscal period, or for the period during which the proprietor carried on the business if less than 12 months before the end of its last fiscal period; and (b) a written undertaking supported by reasonable evidence that, (i) the amount of the investment will be used by the qualifying sole proprietor for the purposes only of gaining or producing income from the business, and (ii) the qualifying sole proprietor will keep the amount of the loan, all property acquired with the proceeds of the loan and all other assets used primarily in the business separate from his or her assets that are not used in the business.  O. Reg. 37/09, s. 14 (3). (4) The financial statements required by clause (3) (a) shall include, (a) a balance sheet prepared as of a date not earlier than the end of the sole proprietor’s last fiscal period; and (b) an income statement for the period of time described in clause (3) (a).  O. Reg. 37/09, s. 14 (4).
Associated small business corporation
 16. A corporation referred to in subsection 66 (5) of the Act is a qualifying small business corporation at a particular time for the purposes of subdivision b of Division E of Part III of the Act if, at that time,  (a) it is a Canadian-controlled private corporation; and (b) it controls the qualifying small business corporation referred to in subsection 66 (4) of the Act with which it is associated.  O. Reg. 37/09, s. 16.
Specified corporation
 17. The classes of corporations prescribed for the purposes of clause 74 (6) (a) of the Act, are the classes of corporations that would be referred to in any paragraph of subsection 468 (1) of the Bank Act (Canada) if the references to “bank” in that subsection and in the definitions in subsection 464 (1) of that Act were read as “financial institution”.  O. Reg. 37/09, s. 17.
Small business investment fund
 19. (1) For the purposes of this subdivision, a small business investment fund is a corporation, fund, association or similar organization that satisfies the following conditions:  1. The primary objective and activity of the corporation, fund, association or organization is the investment of capital in small businesses carried on in Ontario. 2. The corporation, fund, association or organization carries out its activities or business through a permanent establishment in Ontario. 3. All or substantially all of the investments made by the corporation, fund, association or organization are eligible investments in qualifying small business corporations or qualifying small businesses that satisfy the following conditions: i. Neither the total assets nor the gross revenue of the qualifying small business corporation or qualifying small business exceeds $5,000,000. ii. If the qualifying small business corporation or qualifying small business is a member of a corporate group or associated group, neither the total assets nor the gross revenue of the group exceeds $5,000,000.  O. Reg. 37/09, s. 19 (1). (2) Despite subsection (1), a corporation, fund, association or organization is not a small business investment fund if it is a registered charity.  O. Reg. 37/09, s. 19 (2).
Eligible investment through a small business investment fund
 20. (1) An investment made after May 6, 1997 by a deposit-taking institution or by a corporation that, when the investment is made, is related to a deposit-taking institution and is an insurance corporation or specified corporation is an eligible investment for the purposes of subdivision b of Division E of Part III of the Act if it satisfies the following conditions:  1. The investment is a patient capital investment made in a small business investment fund that deals at arm’s length with the deposit-taking institution, insurance corporation or specified corporation. 2. The investment would be a patient capital investment if it had been issued by a qualifying small business corporation. 3. The small business investment fund reinvests all or part of the amount of the investment in investments in qualifying small business corporations or qualifying small businesses, and the investments are patient capital investments or below-prime loans that would be eligible investments if issued directly to the deposit-taking institution, insurance corporation or specified corporation. 4. The small business investment fund certifies the amount of the investment by the deposit-taking institution, insurance corporation or specified corporation that has been reinvested by the fund as required in paragraph 3 and certifies the date of the reinvestments.  O. Reg. 37/09, s. 20 (1). (2) For the purposes of subdivision b of Division E of Part III of the Act, other than clause (a) of the definition of “C” in subsection 74 (1) of the Act, if the conditions described in subsection (1) are satisfied, the deposit-taking institution, insurance corporation or specified corporation is considered, (a) to have made the eligible investment in the qualifying small business corporation or qualifying small business that was made by the small business investment fund; and (b) to have made the eligible investment referred to in clause (a) on the date the small business investment fund made the reinvestment.  O. Reg. 37/09, s. 20 (2). (3) The tax credit amount of an eligible investment referred to in subsection (2) is the amount that would be determined by reason of the definition of “E” in subsection 72 (1) of the Act if the deposit-taking institution, insurance corporation or specified corporation had made the investment in the qualifying small business corporation or qualifying small business.  O. Reg. 37/09, s. 20 (3).
Certification rules
 21. (1) If a small business investment fund certifies the wrong amount or certifies an investment to be an eligible investment when it was not, the Ontario Minister may direct the fund to cease certifying investments and may order that all or certain of the investments made by the fund after the date of the direction and order be deemed not to be eligible investments for the purposes of subdivision b of Division E of Part III of the Act until the Ontario Minister revokes the direction and order.  O. Reg. 37/09, s. 21 (1). (2) A direction or order given under subsection 13 (2) of Ontario Regulation 318/97 (Small Business Investment Tax Credit for Banks), made under the Corporations Tax Act applies for the purposes of this subdivision unless it is revoked under subsection (3).  O. Reg. 37/09, s. 21 (2). (3) If the Ontario Minister is satisfied that a small business investment fund will comply with the Ontario Minister’s directions with respect to the accuracy, form and content of certificates to be given under section 21, the Ontario Minister may, subject to any conditions the Ontario Minister considers reasonable, revoke any direction and order given under subsection (1) of this section or subsection 13 (2) of Ontario Regulation 318/97 (Small Business Investment Tax Credit for Banks), made under the Corporations Tax Act
and all investments that would otherwise have been eligible investments while the Ontario Minister’s direction and order were in effect shall, to the extent approved by the Ontario Minister, be considered to be eligible investments for the purposes of subdivision b of Division E of Part III of the Act and may be so certified by the fund.  O. Reg. 37/09, s. 21 (3).
Disposition of investment in fund
 22. (1) Section 18 applies with necessary modifications in respect of a disposition of an investment in a small business investment fund that was made by a deposit-taking institution or by a corporation that, when the investment was made, was related to a deposit-taking institution and was an insurance corporation or specified corporation.  O. Reg. 37/09, s. 22 (1). (2) For the purposes of the application of section 18 under subsection (1), the formula set out in subsection 18 (5) shall be read as if, “A” is the amount equal to the lesser of the fair market value of the investment at the time of its disposition and the amount of consideration for which the investment was originally issued, “B” is the total of all tax credit amounts in respect of eligible investments made by the small business investment fund that have been included or are required to be included in calculating the amount determined in respect of a financial institution under the definition of “A” in subsection 74 (1) of the Act for that period, and “C” is the total amount of consideration for which eligible investments made by the small business investment fund were issued to the extent that, (a) the fund has reinvested investments made in the fund by the deposit-taking institution, insurance corporation or specified corporation in eligible investments in qualifying small business corporations or qualifying small businesses, and (b) amounts in respect of the reinvestments have been included or are required to be included in the amounts determined in respect of the financial institution under the definition of “A” in subsection 74 (1) of the Act.  O. Reg. 37/09, s. 22 (2). Part V   Refundable Tax Credits Division A — Ontario Refundable Tax Credits Relating to the Film and Television Industries
PART V REFUNDABLE TAX CREDITS
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Division A — Ontario Refundable Tax Credits Relating to the Film and Television Industries
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Ontario Computer Animation and Special Effects Tax Credit
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Definitions
 24. (1) In section 90 of the Act, “eligible computer animation and special effects activities” means activities undertaken to produce eligible animation or visual effects and includes designing, modelling, rendering, lighting, painting, animating and compositing, but does not include activities that are scientific research and experimental development for the purposes of paragraph 37 (1) (a) of the Federal Act or subparagraph 37 (1) (b) (i) of that Act; “prescribed cost” means, in respect of costs incurred by a qualifying corporation in a taxation year in respect of an eligible production, the sum of all costs incurred by the corporation in the year in respect of the production each of which satisfies the following conditions: 1. The cost is incurred by the corporation in carrying on eligible computer animation and special effects activities for the eligible production. 2. The amount of the cost is reasonable in the circumstances. 3. The cost is, i. included in the amount of the corporation’s cost or, in the case of a depreciable property, its capital cost of the eligible production that incorporates the results of the eligible computer animation and special effects activities, or ii. incurred by the corporation in performing eligible computer animation and special effects activities under a contract entered into, A. with the producer of the eligible production, or B. with another qualifying corporation that is carrying on eligible computer animation and special effects activities for the eligible production.  O. Reg. 37/09, s. 24 (1). (2) For the purposes of the definition of “eligible computer animation and special effects activities” in subsection (1), “eligible animation or visual effects” means, (a) if the animation or visual effects are completed before March 27, 2009, animation or visual effects created primarily with digital technologies, but does not include, (i) audio effects, (ii) in camera effects, (iii) credit rolls, (iv) subtitles, (v) animation or visual effects all or substantially all of which are created by editing activities, or (vi) animation or visual effects for use in promotional material for a film or television production, and (b) if the animation or visual effects are completed after March 26, 2009, animation or visual effects created using digital technologies, but does not include, (i) audio effects, (ii) in camera effects, (iii) credit rolls, (iv) subtitles, (v) animation or visual effects all or substantially all of which are created by editing activities, or (vi) animation or visual effects for use in promotional material for a film or television production.  O. Reg. 70/10, s. 3.
Ontario Film and Television Tax Credit
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Qualifying production company
 26. A corporation is a qualifying production company for a taxation year for the purposes of section 91 of the Act if, throughout the year,  (a) it is a qualified corporation for the purposes of section 125.4 of the Federal Act; (b) it has a permanent establishment in Ontario; (c) it is not exempt from tax under Part III of the Act; and (d) it is not controlled directly or indirectly in any manner whatever by one or more corporations all or part of whose taxable income is exempt from tax under Part I of the Federal Act.  O. Reg. 37/09, s. 26.
First-time production
 28. (1) A production is a first-time production for the purposes of section 91 of the Act if, (a) the producer of the production or, if the production is an interprovincial co-production or treaty co-production for the purposes of sections 27 and 27.1, the producer of the Ontario portion of the production, (i) has not more than one previous screen credit as a producer of a production commercially released or broadcast on television during prime time, and (ii) has not participated as a producer of any other film or television production in respect of which a certificate has been issued under section 91 of the Act or 43.5 of the Corporations Tax Act; and (b) for the period starting immediately before principal photography for the production commenced and ending immediately after the date of issue of the last issued certificate for the production under subsection 91 (15) of the Act or subsection 43.5 (9) of the Corporations Tax Act, the corporation is not controlled directly or indirectly by, (i) an individual with more than one previous screen credit as a producer of a production commercially released or broadcast on television during prime time, or who has participated as a producer of any other film or television production in respect of which a certificate has been issued under section 91 of the Act or section 43.5 of the Corporations Tax Act or (ii) a corporation that is, or is associated with, a corporation to which a certificate in respect of any other film or television production has been issued under section 91 of the Act or section 43.5 of the Corporations Tax Act.  O. Reg. 37/09, s. 28 (1); O. Reg. 306/23, s. 4 (1). (2) Revoked: O. Reg. 306/23, s. 4 (2).
Special rules re certain productions
 30.1 (1) This section applies in respect of a film or television production for the purposes of section 91 of the Act if both of the following circumstances exist: 1. A qualifying production company incurred an Ontario labour expenditure in respect of the production on or before March 15, 2020. 2. An application for a certificate of completion in respect of the production had not been filed with the Ontario Media Development Corporation or another person designated by the Minister of Culture on or before March 15, 2020. O. Reg. 112/21, s. 1. (2) An application for a certificate of completion has been filed for the purposes of paragraph 2 of subsection (1) even if the application was withdrawn before the Ontario Media Development Corporation or another person designated by the Minister of Culture issued a certificate of completion in respect of the production or a letter notifying the qualifying production company that the production does not qualify for certification. O. Reg. 112/21, s. 1. (3) The reference to “two-year period” in clauses 27 (2) (d) and 27.1 (3) (d), (e), and (f) shall be read as “four-year period.” O. Reg. 112/21, s. 1; O. Reg. 306/23, s. 5 (1). (4) The reference to “24 months” in clause (a) of the definition of “application deadline” in section 23 shall be read as “48 months” and the reference to “first and second taxation years” in subclause (b) (i) of that definition shall be read as “first, second, third and fourth taxation years” if, (a) the qualifying production company has filed with the Ontario Minister a waiver described in subparagraph 152 (4) (a) (ii) of the Federal Act within the company’s normal reassessment period for its first and second taxation years ending after the production’s principal photography began; and (b) a copy of the waiver is provided to the Ontario Media Development Corporation or such other person as may be designated by the Minister of Culture. O. Reg. 112/21, s. 1; O. Reg. 306/23, s. 5 (2). (5) The reference to “two years” in subclause (b) (iii) of the definition of “production commencement time” in subsection 30 (3) shall be read as “four years” if, (a) principal photography for the production commenced after March 15, 2020; (b) the qualifying production company has filed with the Ontario Minister a waiver described in subparagraph 152 (4) (a) (ii) of the Federal Act within the company’s normal reassessment period for taxation years in which the company has claimed an Ontario film and television tax credit for the production that end before the year in which principal photography for the production began; and (c) a copy of the waiver is provided to the Ontario Media Development Corporation or such other person as may be designated by the Minister of Culture. O. Reg. 112/21, s. 1. Ontario Production Services Tax Credit
Ontario Production Services Tax Credit
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Eligible production, principal photography commenced before November 1, 2022
 31. A film or television production for which principal photography had commenced before November 1, 2022 is an eligible production for the purposes of section 92 of the Act for a taxation year if the following conditions are satisfied: 1. The principal photography for the production commences before the end of the year. 2. If the production is a television series production or is a pilot episode for a television series production, the total expenditures included in the cost of each episode or, if the production is a depreciable property, in the capital cost of each episode, during the 24 months after principal photography for the production commences, exceed, i. $100,000 if the episode has a running time that is less than 30 minutes, or ii. $200,000 in any other case. 3. If the production is not the type of production referred to in paragraph 2, the total expenditures included in the cost of the production or, if the production is a depreciable property, in the capital cost of the production, during the 24 months after principal photography for the production commences, exceed $1 million. 4. The production is not, i. news, current events or public affairs programming, or a programme that includes weather or market reports, ii. a talk show, iii. a production in respect of a game, questionnaire or contest (other than a production directed primarily at minors), iv. a sports event or activity, v. a gala presentation or an awards show, vi. a production that solicits funds, vii. reality television, viii. pornography, ix. advertising, or x. a production produced primarily for industrial, corporate or institutional purposes. 5. The production is not a production for which public financial support would be contrary to public policy.  O. Reg. 37/09, s. 31; O. Reg. 77/17, s. 3; O. Reg. 306/23, s. 6.
Qualifying corporation
 32. A corporation is a qualifying corporation in respect of an eligible production for a taxation year for the purposes of section 92 of the Act if the corporation would be an “eligible production corporation” throughout the year, within the meaning of the definition of that term in subsection 125.5 (1) of the Federal Act if, (a) the references to “accredited production” and “in Canada” in that definition were read as “eligible production” and “in Ontario”, respectively; (b) the reference to “(as defined by regulation)” in that definition were struck out; and (c) the reference to “eligible production corporation” in paragraph (b) of the definition were read as “qualifying corporation”.  O. Reg. 37/09, s. 32.
Special rules re certain productions
 33.1 (1) This section applies in respect of a film or television production for the purposes of section 92 of the Act if a qualifying corporation incurred an expenditure in respect of the production in a taxation year ending in 2020 or 2021 and the expenditure would otherwise have been an eligible wage expenditure, an eligible service contract expenditure or an eligible tangible property expenditure if principal photography for the production had commenced in the year the expenditure was incurred. O. Reg. 112/21, s. 2. (2) If principal photography for the production commences on or after March 15, 2020, the condition set out in paragraph 1 of section 31 and in paragraph 3 of section 31.1 is not required to be satisfied in the last two taxation years ending before the taxation year in which the principal photography commenced. O. Reg. 112/21, s. 2; O. Reg. 306/23, s. 8 (1). (3) The references to “24 months” in paragraphs 2 and 3 of section 31 and in paragraphs 4 and 5 of section 31.1 shall be read as “48 months” if, (a) the qualifying corporation has filed with the Ontario Minister a waiver described in subparagraph 152 (4) (a) (ii) of the Federal Act within the company’s normal reassessment period for the taxation year in which the production’s principal photography began; and (b) a copy of the waiver is provided to the Ontario Media Development Corporation or such other person as may be designated by the Minister of Culture. O. Reg. 112/21, s. 2; O. Reg. 306/23, s. 8 (2). Division B — Other Refundable Tax Credits for Corporations Ontario Interactive Digital Media Tax Credit
Division B — Other Refundable Tax Credits for Corporations
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Ontario Interactive Digital Media Tax Credit
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Interactive digital media product of a qualifying digital game corporation
 35.1 (1) For the purposes of paragraph 1 of subsection 93.1 (9) of the Act, an interactive digital media product means a combination of one or more application files and one or more data files, all in a digital format, that are integrated and are intended to be operated together and that have the following characteristics when they are being operated: 1. Their primary purpose is to educate, inform or entertain the user. 2. They achieve their primary purpose by presenting information in at least two of the following forms: i. text, ii. sound, iii. images. 3. They are intended to be used by individuals. 4. By interacting with them, the user can choose what information is to be presented and the form and sequence in which it is to be presented. O. Reg. 77/17, s. 7 (1). (2) For the purposes of section 93.1 of the Act, the Ontario labour expenditure of a qualifying digital game corporation for a taxation year for an eligible digital game is the amount that would be determined under subsections 35 (1) to (6) in respect of the game if, (a) all references to “qualifying corporation” were read as “qualifying digital game corporation”; (b) all references to “eligible product” were read as “eligible digital game”; and (c) those subsections were read without reference to clause 35 (1) (b), paragraph 4 of subsection 35 (3) or paragraph 9 of subsection 35 (4). O. Reg. 70/10, s. 8; O. Reg. 77/17, s. 7 (2).
Interactive digital media product of a specialized digital game corporation
 35.2 (1) For the purposes of paragraph 1 of subsection 93.2 (11) of the Act, an interactive digital media product means a combination of one or more application files and one or more data files, all in a digital format, that are integrated and are intended to be operated together and that have the following characteristics when they are being operated: 1. Their primary purpose is to educate, inform or entertain the user. 2. They achieve their primary purpose by presenting information in at least two of the following forms: i. text, ii. sound, iii. images. 3. They are intended to be used by individuals. 4. By interacting with them, the user can choose what information is to be presented and the form and sequence in which it is to be presented. O. Reg. 77/17, s. 8 (1). (2) For the purposes of section 93.2 of the Act, the Ontario labour expenditure of a specialized digital game corporation for a taxation year for an eligible digital game is the amount that would be determined under subsections 35 (1) to (6) in respect of the game if, (a) all references to “qualifying corporation” were read as “specialized digital game corporation”; (b) all references to “eligible product” were read as “eligible digital game”; (c) those subsections were read without reference to clause 35 (1) (b), paragraph 4 of subsection 35 (3) or paragraph 9 of subsection 35 (4); and (d) those subsections were read without reference to any qualifying predecessor corporations.  O. Reg. 70/10, s. 8; O. Reg. 77/17, s. 8 (2). Ontario Sound Recording Tax Credit
Ontario Sound Recording Tax Credit
nan
Ontario Book Publishing Tax Credit
nan
Ineligible publication
 37. (1) For the purposes of paragraph 6 of subsection 95 (14) of the Act, the following are ineligible publications:  1. A translation of a previously published literary work. 2. A calendar, agenda, almanac, colouring book or comic. 3. An instructional book or other printed material that forms part of a children’s product which is primarily a toy or play kit. 4. A university or college dissertation, a conference paper or report, a government report or catalogue of exhibitions. 5. An instruction book or manual, including a computer manual, guidebook, arts and crafts book, recipe book and musical performance method book. 6. A publication primarily containing maps. 7. A publication that is used primarily as learning material, including a workbook, kit, activity manual and educational game. 8. A publication that is primarily a reference book, including a directory, index compilation, compilation of statutes, rulebook and bibliography. 9. A publication that is primarily musical notation. 10. A publication that is a combination of any of the publications described in paragraphs 1 to 9. 11. A publication whose author’s identity is unknown to its publisher. 12. A publication whose pages are typewritten, individually photocopied, mimeographed or handwritten. 13. The publication is capable of inciting hatred against an identifiable group, including a section of the public distinguished by colour, race, religion, gender, sexual orientation or ethnic origin. 14. The dominant characteristic of the publication is the undue exploitation of sex or of sex and one or more of crime, horror, cruelty or violence. 15. Public financial support for the publication would be contrary to public policy.  O. Reg. 37/09, s. 37. Ontario Business-Research Institute Tax Credit
Ontario Business-Research Institute Tax Credit
nan