jswizzle3737/ontario_laws_and_regs huggingface dataset:
401. For the purpose of subsection 11 (15) of the Act, the following corporations are prescribed: 1. Air Canada. 2. Atlas Turner Incorporated. 3. Canada Deposit Insurance Corporation. 4. Canada Mortgage and Housing Corporation. 5. Canadian Broadcasting Corporation. 6. Canadian National Express Company. 7. Canadian National Railway Company. 8. Canadian National Realties, Limited. 9. Canadian National Telegraph Company. 10. Canadian National Transportation, Limited. 11. The Canadian Northern Quebec Railway Company. 12.  Revoked:  O. Reg. 453/92, s. 7 (1). 13. Cape Breton Development Corporation. 14.  Revoked:  O. Reg. 453/92, s. 7 (2). 15. Eldorado Aviation Limited. 16.  Revoked:  O. Reg. 453/92, s. 7 (3). 17. Export Development Corporation. 18. Farm Credit Corporation. 19. Gray Coach Lines Limited. 20. The Great North Western Telegraph Company of Canada. 21. Hoar Transport Company Limited. 22. Husband Transport Limited. 23. A.E. McKenzie Company Limited. 24. Midland Superior Express Limited. 25. The Minnesota and Ontario Bridge Company. 26. The Northern Consolidated Holding Company Limited. 27. Pacific Petroleums Ltd. 28.  Revoked:  O. Reg. 453/92, s. 7 (5). 29. Petro-Canada. 30. Petro-Canada Petroleum Inc. 31. Polysar Limited — Polysar Limitée. 32. Polysar Plastics Limited. 33. Potash Corporation of Saskatchewan Sales Ltd. 34. St. Clair River Broadcasting Limited. 35. The St. Lawrence Seaway Authority. 36. Scobie’s Transport Limited. 37. The Seaway International Bridge Corporation, Ltd. 38. Sidbec-Dosco Limitée — Sidbec-Dosco Limited. 39.  Revoked:  O. Reg. 453/92, s. 7 (8). 40. The Toronto-Peterborough Transport Company, Limited. 41. Via Rail Canada Inc. 42. Canada Post Corporation, for taxation years ending after December 31, 2002.  R.R.O. 1990, Reg. 183, s. 401; O. Reg. 453/92, s. 7; O. Reg. 232/03, s. 1. PART V   miscellaneous Profits Tax
501. For the purposes of the definition of “corporation income tax” in subsection 16 (3) of the Act, a tax imposed under any of the following is declared to be a tax of general application on the profits of corporations: 1. The Income Tax Act (Canada). 2. Part II or II.1 of the Act. 3. The Income Tax Act (Newfoundland). 4. The Income Tax Act (Prince Edward Island). 5. The Income Tax Act (New Brunswick). 6. The Income Tax Act (Nova Scotia). 7. Part I of the Taxation Act (Quebec). 8. The Income Tax Act (Manitoba). 9. The Income Tax Act (Saskatchewan). 10. Part 1 of the Alberta Corporate Tax Act (Alberta). 11. The Income Tax Act (British Columbia).  O. Reg. 453/92, s. 8; O. Reg. 306/97, s. 3.
502. For the purposes of the definition of “corporation tax” in subsection 16 (3) of the Act, a tax imposed under any of the following is declared to be a tax on corporations: 1. Part III of the Act. 2. The Financial Corporations Capital Tax Act (Newfoundland). 3. The Financial Corporation Capital Tax Act (Prince Edward Island). 4. The Financial Corporation Capital Tax Act (New Brunswick). 5. The Corporation Capital Tax Act (Nova Scotia). 6. Part IV of the Taxation Act (Quebec). 7. The Corporation Capital Tax Act (Manitoba). 8. The Corporation Capital Tax Act (Saskatchewan). 9. Part 10 of the Alberta Corporate Tax Act (Alberta). 10. The Corporation Capital Tax Act (British Columbia).  O. Reg. 453/92, s. 9. Rate of Interest on Unpaid Taxes and Overpayments
508. For the purposes of the definition of “qualifying trust” in subsection 74.2 (1) of the Act, a trust is a qualifying trust if it qualifies as an employee life and health trust under subsection 144.1 (2) of the Income Tax Act
(Canada), if the portion before paragraph (a) of that subsection were read without reference to the words “throughout the taxation year”.  O. Reg. 18/11, s. 1. Part VI (ss. 601-604) Revoked:  O. Reg. 485/00, s. 1. PART VII   CAPITAL TAX
701. (1) The following amounts are prescribed as amounts that are not included in the paid-up capital of a corporation for a taxation year for the purposes of clause 61 (1) (d) of the Act, if the taxation year ends after May 19, 1993 and before May 19, 2004, or for the purposes of clause 61 (1) (e) of the Act, if the taxation year ends after May 18, 2004: 1. Interest owing by the corporation that has accrued for a period of 365 days or less but is not payable at the end of the taxation year, other than interest payable on a loan that has been capitalized and included by the corporation in the principal amount of the loan under the terms of the loan agreement. 2. Interest that is due and payable by the corporation to a related person that has been due and payable for less than 120 days at the end of the taxation year. 3. Interest that is due and payable by the corporation to a person who is not related to the corporation that has been due and payable for less than 365 days at the end of the taxation year. 4. An amount of indebtedness of the corporation in respect of a lease that would not be required to be included in the capital of the corporation under subsection 181.2 (3) of the Income Tax Act (Canada) if the corporation were subject to tax under Part I.3 of that Act. 5. An amount that is recorded in the corporation’s books and records of account as a deferred revenue item, or as a deferred credit item, that would not be required to be included in the capital of the corporation under subsection 181.2 (3) of the Income Tax Act (Canada) if the corporation were subject to tax under Part I.3 of that Act. 6.  Revoked:  O. Reg. 76/99, s. 1 (1). 7. The amount of dividends declared by the corporation during the taxation year that remain unpaid and owing at the end of the year.  O. Reg. 298/98, s. 3; O. Reg. 76/99, s. 1 (1); O. Reg. 307/07, s. 2 (1). Note: Subsection 701 (1), as amended by O. Reg. 76/99, s. 1 (1), applies in respect of taxation years ending after October 30, 1998. See: O. Reg. 76/99, s. 1 (3). (2) Subsection (1) does not require the inclusion in a corporation’s paid-up capital for a taxation year under clause 61 (1) (d) or (e) of the Act of any amount required to be included and included in its paid-up capital under another provision of the Act.  O. Reg. 298/98, s. 3; O. Reg. 307/07, s. 2 (2). (3) Subsection (1) does not permit the exclusion of an amount from a corporation’s paid-up capital that is otherwise required to be included in its paid-up capital or “any other surplus” for a taxation year under a provision of the Act other than clause 61 (1) (d) or (e).  O. Reg. 298/98, s. 3; O. Reg. 307/07, s. 2 (2). (4) The amounts prescribed by subsection (1) that relate to a permanent establishment in Canada of a corporation that is liable to the taxes imposed under the Act by virtue of clause 2 (2) (a) or (b) of the Act are prescribed for the purposes of subclause 63 (1) (b) (i) of the Act in determining the amount of the corporation’s paid-up capital employed in Canada for taxation years ending after May 19, 1993 and before May 19, 2004.  O. Reg. 307/07, s. 2 (3).
702. For the purposes of Part III of the Act, a corporation’s taxation year ending on the same day as the taxation year of another corporation shall be considered to be the last taxation year of the corporation ending before the end of the other corporation’s taxation year, if the other corporation’s taxation year commences after May 6, 1997.  O. Reg. 298/98, s. 4.
704. For purposes of subsection 62.1 (8) of the Act, the percentage of a financial institution’s taxable paid-up capital that is not deemed to be used by it in a taxation year in a jurisdiction other than Canada shall be determined under sections 319 to 322 and, in the application of those sections, the references to “Ontario” shall be read as “Canada.”  O. Reg. 298/98, s. 4. PART VIII   PRESCRIBED TAX CONVENTIONS
801. For the purposes of subsection 37 (3) of the Act, the following Tax Treaties or Conventions are prescribed: 1. Canada-United States Income Tax Convention, 1980.  R.R.O. 1990, Reg. 183, s. 801.
802. In the application of section 40 of the Act and subsection 20 (12) of the Income Tax Act (Canada), as made applicable by section 11 of the Act, the income or profits tax paid by a corporation to a jurisdiction outside Canada for a taxation year, referred to in section 40 of the Act, and the non-business income tax for the year paid by a corporation to the government of a country other than Canada, referred to in subsection 20 (12) of the Income Tax Act (Canada), shall include an amount of tax that would have been payable by the corporation to that jurisdiction or government but for an exemption from, or reduction of, tax granted for that taxation year if the amount is deemed under one of the following income tax agreements or conventions to have been tax payable or paid for the taxation year by the corporation to that jurisdiction or government: 1. Canada-Bangladesh Income Tax Convention (1982). 2. Canada-Barbados Income Tax Agreement (1980). 3. Canada-Cameroon Income Tax Convention (1982). 4. Canada-Cyprus Income Tax Convention (1984). 5. Canada-Dominican Republic Income Tax Convention (1976). 6. Canada-Egypt Income Tax Convention (1983). 7. Canada-Guyana Income Tax Convention (1985). 8. Canada-India Income Tax Agreement (1985). 9. Canada-Indonesia Income Tax Convention (1979). 10. Canada-Israel Income Tax Convention (1975). 11. Canada-Jamaica Income Tax Agreement (1978). 12. Canada-Korea Income Tax Convention (1978). 13. Canada-Malaysia Income Tax Agreement (1976). 14. Canada-Malta Income Tax Agreement (1986). 15. Canada-Morocco Income Tax Convention (1975). 16. Canada-Pakistan Income Tax Convention (1976). 17. Canada-Romania Income Tax Convention (1978). 18. Canada-Singapore Income Tax Convention (1976). 19. Canada-Spain Income Tax Convention (1976). 20. Canada-Thailand Income Tax Convention (1984). 21. Canada-Tunisia Income Tax Convention (1982). 22. Canada-Zambia Income Tax Convention (1984).  O. Reg. 453/92, s. 11. PART IX   REFUNDABLE TAX CREDITS
901. (1) For the purposes of section 43.6 of the Act, a prescribed program of study is an educational program or course of study that meets the requirements of subsection (2) or an apprentice training program that meets the requirements of subsection (3).  O. Reg. 298/98, s. 5. (2) An educational program or course of study meets the requirements of this subsection if, (a) the program or course of study qualifies the student to receive a post-secondary degree, diploma or certificate, other than a certificate of completion issued for individual courses, studies in continuing education or personal interest or leisure activity courses; and (b) the program or course of study is provided by, (i) a university or college of applied arts and technology in Ontario, whose enrollment is counted for the purposes of calculating annual operating grants entitlements from the Government of Ontario, (ii) the Michener Institute of Applied Health Sciences, (iii) the Ontario College of Art and Design, or (iv) a vocational school registered under the Private Vocational Schools Act.  O. Reg. 298/98, s. 5. (3) An apprentice training program meets the requirements of this subsection if it is approved by the Director of Apprenticeship under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act.  O. Reg. 298/98, s. 5; O. Reg. 266/00, s. 1 (1). (4) For the purposes of subsection 43.6 (10), an employee is considered to have completed all requirements to qualify for graduation from an apprentice training program when he or she receives the appropriate certificate under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act.  O. Reg. 298/98, s. 5; O. Reg. 266/00, s. 1 (2). (5) The amount of salaries and wages deemed to have been paid by a corporation in a previous taxation year for the purposes of subsection 43.6 (4) of the Act is the amount that would otherwise be determined for that year on the basis that, (a) the rules set out in subsection 87 (1.2) of the Income Tax Act (Canada) and subsection 87 (1.4) of that Act applied; and (b) no amount is included in respect of salaries and wages paid by any partnership of which the corporation was a member.  O. Reg. 298/98, s. 5. (6) For the purposes of subclause 43.6 (10) (b) (ii) of the Act, an employee is considered to be employed by a person more than 15 hours in a week if, (a) the employee is a student enrolled in a prescribed program of study and would be considered by the educational institution offering the program to be a full-time student of the institution during a period that includes the week; or (b) the employee accepted an offer of employment before or during the week and the terms of the offer require the employee to start work during or after the end of the week and to work an average of more than 24 hours a week, irrespective of whether the employee works for the person who makes the offer of employment.  O. Reg. 298/98, s. 5.
902. For the purposes of paragraph 6 of subsection 43.7 (12) of the Act, a literary work is an ineligible publication if it is one of the following: 1. A publication that is a translation of a previously published literary work. 2. A publication that is a calendar, agenda, almanac, colouring book or comic. 3. A publication that is 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 publication that is a university or college dissertation, a conference paper or report, a government report or a catalogue of exhibitions. 5. A publication that is an instruction book or manual (such as a computer manual, guidebook, arts and crafts book, recipe book or musical performance method book). 6. A publication containing primarily maps. 7. A publication that is used primarily as learning material (such as a workbook, kit, activity manual or educational game). 8. A publication that is primarily a reference book (such as a directory, index compilation, compilation of statutes, rule book or 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 the identity of whose author or authors is unknown to the publisher of the publication. 12. A publication whose pages are typewritten, individually photocopied, mimeographed or handwritten. 13.  Revoked:  O. Reg. 160/01, s. 2. 14. A publication in respect of which the publisher is not eligible to claim a tax credit by reason of subsection 43.7 (13) of the Act.  O. Reg. 298/98, s. 5; O. Reg. 160/01, s. 2.
903. Despite subsection 43.7 (12) of the Act and section 902, a publication that would otherwise be an eligible publication for the purposes of section 43.7 of the Act is an ineligible publication for the purposes of paragraph 6 of subsection 43.7 (12) of the Act if, (a) the publication is capable of inciting hatred against an identifiable group, including a section of the public distinguished by colour, race, religion, sex, sexual orientation or ethnic origin; (b) 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; or (c) public financial support for the publication would be contrary to public policy.  O. Reg. 298/98, s. 5.
1001. (1) In this Part, “Federal Act” means the Income Tax Act (Canada); “Ontario allocation percentage” means, (a) in the case of a corporation for a taxation year, the ratio, expressed as a percentage, that the portion of the corporation’s taxable income for the taxation year that is not deemed (or would not be deemed if it had income for that year) to have been earned in jurisdictions outside of Ontario for the purposes of section 39 of the Act is to the corporation’s taxable income for the year, and (b) in the case of a partnership for a fiscal period, the ratio, expressed as a percentage, that the portion of the partnership’s income for the fiscal period that would not be deemed to have been earned in a jurisdiction other than Ontario for the purposes of section 39 of the Act is to the partnership’s income, determined as if the partnership were a corporation, and had income for the fiscal period. (2) For the purposes of this Part, a partnership shall be considered to have a permanent establishment in each province in which it would have a permanent establishment under the Act if it were a corporation.  O. Reg. 76/99, s. 4.
1003. (1) For the purposes of clause 31.1 (3) (b) of the Act, the rules in paragraph 2 of subsection 31.1 (2) of the Act do not apply to a disposition of property by a corporation to a Canadian partnership if, (a) the corporation has a permanent establishment in Ontario in the taxation year to which the election in respect of the disposition relates and the partnership has a permanent establishment in Ontario in the fiscal period to which the election in respect of the disposition relates; (b) section 5.1 of the Act does not apply to the disposition; (c) one of the conditions set out in subsection (2) is satisfied; and (d) the corporation and the other members of the partnership agree on an amount in respect of the property in their election for the purposes of the Act that is within the range of amounts prescribed by subsection (3). (2) The following are the conditions referred to in clause (1) (c): 1. The Ontario allocation percentage of the partnership for the fiscal period to which the election in respect of the disposition relates is not more than 10 percentage points greater or less than the Ontario allocation percentage of the corporation for the taxation year to which the election in respect of the disposition relates. 2. The property is a qualifying intellectual property under section 203 which is acquired by the partnership primarily for the purpose of implementing in Ontario the same innovation or invention for which the property was acquired by the corporation and, if the property was used exclusively in Ontario by the corporation to implement the innovation or invention for which the corporation acquired the property, the property will be used exclusively in Ontario by the partnership for the same purpose. 3. The property is not a qualifying intellectual property under section 203, and the cost amount of the property to the corporation for the purposes of the Act immediately before the disposition is different than the cost amount of the property to the corporation for the purposes of the Federal Act by reason that different amounts were deducted from income or from tax under the Act and under the Federal Act on account of scientific research and experimental development activities carried on in Ontario. (3) For the purposes of clause (1) (d), an amount is within the range of amounts prescribed by this subsection if it is not greater than the greater of the following two amounts and not less than the lesser of the following two amounts: 1. The amount the corporation and the other partners agree on or are deemed to agree on in respect of the property under the Federal Act. 2. The amount referred to in paragraph 1 less the cost amount of the property immediately before the disposition for the purposes of the Federal Act, plus the cost amount of the property for the purposes of the Act immediately before the disposition.  O. Reg. 76/99, s. 4. PART XI   ONTARIO BUSINESS — RESEARCH INSTITUTE TAX CREDIT