18.1 (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”)  2001, c. 23, s. 195; 2005, c. 5, s. 62 (9). 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 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).  2001, c. 23, s. 195; 2005, c. 5, s. 62 (10). Same (3) For the purpose of subsection (2), persons shall be deemed not to deal with each other at arm’s length if, by reason of subsections 251 (1) to (6) of the Income Tax Act
(Canada), they are related to each other for the purposes of that Act.  2001, c. 23, s. 195. 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 total of all amounts each of which is, (a)  any tax payable by the transferor under this Act at the time of the transfer or at any previous time but not paid, (b)  any tax collected, collectable or payable but not remitted or transmitted as required under this Act by the transferor for the reporting period during which the transfer took place or any previous reporting period, (c)  any penalty or interest for which the transferor is liable under this Act at the time of the transfer.  2001, c. 23, s. 195. Same (5) Nothing in subsection (2) or (4) limits the liability of the transferor or transferee under any other provision of this Act.  2001, c. 23, s. 195. Assessment (6) The Minister may assess a transferee at any time in respect of any amount payable by reason of this section, and sections 24 and 25 apply, with necessary modifications, to the assessment.  2001, c. 23, s. 195. 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.  2001, c. 23, s. 195. 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.  2001, c. 23, s. 195; 2005, c. 5, s. 62 (11). Section Amendments with date in force (d/m/y) 2001, c. 23, s. 195
- 05/12/2001 2005, c. 5, s. 62 (9-11)
- 09/03/2005