Tax Conventions Implementation Act, 2004 (S.C. 2005, c. 8)
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Assented to 2005-03-23
Tax Conventions Implementation Act, 2004
S.C. 2005, c. 8
Assented to 2005-03-23
An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion
SUMMARY
The purpose of this enactment is to implement tax treaties that have been concluded with Gabon, Ireland, Armenia, Oman and Azerbaijan.
Part 1 implements a tax treaty with Gabon. This is the first time that Canada has concluded a tax treaty with that State.
Part 2 implements the most recent tax treaty with Ireland.
Parts 3 to 5 implement tax treaties with Armenia, Oman and Azerbaijan, respectively. This is the first time that Canada has concluded tax treaties with those States.
The tax treaties implemented by this enactment reflect efforts to update and expand Canada’s network of tax treaties. Those treaties are generally patterned on the Model Double Taxation Convention prepared by the Organisation for Economic Co-operation and Development.
Tax treaties have two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Since they contain taxation rules that are different from the provisions of the Income Tax Act, they become effective only after an Act giving them precedence over domestic legislation is passed by Parliament. The process is initiated by the tabling of a Bill such as this one.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Tax Conventions Implementation Act, 2004.
PART 1CANADA–GABON TAX CONVENTION
2. (1) The Canada–Gabon Tax Convention Act, 2004 is enacted as follows:
An Act to implement the Canada–Gabon Tax Convention
Marginal note:Short title
1. This Act may be cited as the Canada–Gabon Tax Convention Act, 2004.
Definition of “Convention”
2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Gabonese Republic set out in the schedule.
Marginal note:Convention approved
3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Notification
6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
(2) The schedule to the Canada–Gabon Tax Convention Act, 2004 is set out in Schedule 1 to this Act.
PART 2CANADA–IRELAND TAX CONVENTION
3. (1) The Canada–Ireland Tax Convention Act, 2004 is enacted as follows:
An Act to implement the Canada–Ireland Tax Convention
Marginal note:Short title
1. This Act may be cited as the Canada–Ireland Tax Convention Act, 2004.
Definition of “Convention”
2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of Ireland set out in the schedule.
Marginal note:Convention approved
3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Notification
6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
(2) The schedule to the Canada–Ireland Tax Convention Act, 2004 is set out in Schedule 2 to this Act.
PART 3CANADA–ARMENIA TAX CONVENTION
4. (1) The Canada–Armenia Tax Convention Act, 2004 is enacted as follows:
An Act to implement the Canada–Armenia Tax Convention
Marginal note:Short title
1. This Act may be cited as the Canada–Armenia Tax Convention Act, 2004.
Definition of “Convention”
2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Armenia set out in the schedule.
Marginal note:Convention approved
3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Notification
6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
(2) The schedule to the Canada–Armenia Tax Convention Act, 2004 is set out in Schedule 3 to this Act.
PART 4CANADA–OMAN TAX AGREEMENT
5. (1) The Canada–Oman Tax Agreement Act, 2004 is enacted as follows:
An Act to implement the Canada–Oman Tax Agreement
Marginal note:Short title
1. This Act may be cited as the Canada–Oman Tax Agreement Act, 2004.
Definition of “Agreement”
2. In this Act, “Agreement” means the Agreement between the Government of Canada and the Government of the Sultanate of Oman set out in Schedule 1, as amended by the Protocol set out in Schedule 2.
Marginal note:Agreement approved
3. The Agreement is approved and has the force of law in Canada during the period that the Agreement, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Agreement and the provisions of any other law, the provisions of this Act and the Agreement prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Agreement and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Agreement or for giving effect to any of its provisions.
Marginal note:Notification
6. The Minister of Finance shall cause a notice of the day on which the Agreement enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
(2) Schedules 1 and 2 to the Canada–Oman Tax Agreement Act, 2004 are set out in Schedule 4 to this Act.
PART 5CANADA–AZERBAIJAN TAX CONVENTION
6. (1) The Canada–Azerbaijan Tax Convention Act, 2004 is enacted as follows:
An Act to implement the Canada–Azerbaijan Tax Convention
Marginal note:Short title
1. This Act may be cited as the Canada–Azerbaijan Tax Convention Act, 2004.
Definition of “Convention”
2. In this Act, “Convention” means the Convention between the Government of Canada and the Government of the Republic of Azerbaijan set out in Schedule 1, as amended by the Protocol set out in Schedule 2.
Marginal note:Convention approved
3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force.
Marginal note:Inconsistent laws — general rule
4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency.
Marginal note:Inconsistent laws — exception
(2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency.
Marginal note:Regulations
5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions.
Marginal note:Notification
6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination.
(2) Schedules 1 and 2 to the Canada–Azerbaijan Tax Convention Act, 2004 are set out in Schedule 5 to this Act.
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