Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act (S.C. 2011, c. 15)
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Assented to 2011-06-26
PART 1AMENDMENTS TO THE INCOME TAX ACT, A RELATED ACT AND A RELATED REGULATION
SOR/2008-186Canada Disability Savings Regulations
8. Section 5 of the Regulations is amended by adding the following after subsection (2):
(3) Despite subsections (1) and (2), if the beneficiary of an RDSP that is a specified disability savings plan dies or ceases to be a DTC-eligible individual, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, any portion of an amount paid into the RDSP as a grant or bond within the 10-year period preceding the time of the death or cessation that remains in the RDSP at that time.
PART 2MEASURES RELATING TO EXCISE DUTIES AND SALES AND EXCISE TAXES
2002, c. 22Excise Act, 2001
Marginal note:2007, c. 18, s. 67(4)
9. The definition “listed international agreement” in section 2 of the Excise Act, 2001 is replaced by the following:
“listed international agreement”
« accord international désigné »
“listed international agreement” means
(a) the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol, or other international instrument, as ratified by Canada; or
(b) a comprehensive tax information exchange agreement that Canada has entered into and that has effect, in respect of another country or jurisdiction.
R.S., c. E-15Excise Tax Act
Marginal note:2007, c. 18, s. 64
10. The definition “listed international agreement” in subsection 2(1) of the Excise Tax Act is replaced by the following:
“listed international agreement”
« accord international désigné »
“listed international agreement” means
(a) the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol, or other international instrument, as ratified by Canada, or
(b) a comprehensive tax information exchange agreement that Canada has entered into and that has effect, in respect of another country or jurisdiction;
Marginal note:2007, c. 18, s. 2(6)
11. The definition “listed international agreement” in subsection 123(1) of the Act is replaced by the following:
“listed international agreement”
« accord international désigné »
“listed international agreement” means
(a) the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol, or other international instrument, as ratified by Canada, or
(b) a comprehensive tax information exchange agreement that Canada has entered into and that has effect, in respect of another country or jurisdiction;
12. (1) The Act is amended by adding the following after section 259.1:
Marginal note:Definitions
259.2 (1) The following definitions apply in this section.
“claim period”
« période de demande »
“claim period” has the same meaning as in subsection 259(1).
“Legion entity”
« entité de la Légion »
“Legion entity” means the Dominion Command or any provincial command or branch of the Royal Canadian Legion.
Marginal note:Rebate for poppies and wreaths
(2) If a Legion entity acquires, imports or brings into a participating province property that is a poppy or wreath, the Minister shall, subject to subsection (3), pay a rebate to the Legion entity equal to the amount of tax that becomes payable, or is paid without having become payable, by the Legion entity during a claim period of the Legion entity in respect of the acquisition, importation or bringing in.
Marginal note:Application for rebate
(3) A rebate shall not be paid under subsection (2) in respect of tax that becomes payable, or is paid without having become payable, by a Legion entity during a claim period of the Legion entity unless the Legion entity files an application for the rebate within four years after the last day of the claim period.
Marginal note:Limitation
(4) A Legion entity must not make more than one application for rebates under this section for any claim period of the Legion entity.
(2) Subsection (1) applies in respect of tax that becomes payable, or is paid without having become payable, after 2009.
(3) If, in the absence of this subsection, an application for a rebate under subsection 259.2(2) of the Act, as enacted by subsection (1), in respect of tax would have to be filed by a Legion entity before the day that is four years after the day on which this Act receives royal assent in order for the rebate to be paid to the Legion entity, the reference in subsection 259.2(3) of the Act, as enacted by subsection (1), to “last day of the claim period” is to be read as a reference to “day on which the Act enacting this section receives royal assent”.
PART 3R.S., c. O-9OLD AGE SECURITY ACT
13. The Old Age Security Act is amended by adding the following after section 12:
Marginal note:Additional amount — paragraph 12(1)(a)
12.1 (1) The amount that may be added to the amount of the supplement that may be paid under section 12 to a pensioner referred to in paragraph 12(1)(a) for any month in a payment quarter beginning after June 30, 2011 is the amount determined by the formula
A × B – C/4
where
- A
- is $50;
- B
- is the pensioner’s special qualifying factor for the month; and
- C
- is
(a) in the case of a pensioner who has no spouse or common-law partner, 1/12 of the pensioner’s income for the base calendar year in excess of $2,000 rounded, if it is not a multiple of four dollars, to the next lower multiple of four dollars, and
(b) in the case of a pensioner who, on the day immediately before the current payment period, had a spouse or common-law partner to whom no benefit may be paid for any month in the current payment period, 1/24 of the aggregate of the income of the pensioner and his or her spouse or common-law partner for the base calendar year in excess of $4,000 rounded, if it is not a multiple of four dollars, to the next lower multiple of four dollars.
Marginal note:Additional amount — paragraph 12(1)(b)
(2) The amount that may be added to the amount of the supplement that may be paid under section 12 to a pensioner referred to in paragraph 12(1)(b) for any month in a payment quarter beginning after June 30, 2011 is the amount determined by the formula
A × B – C/4
where
- A
- is
(a) in the case of a pensioner referred to in subparagraph 12(1)(b)(i), $50, and
(b) in the case of a pensioner referred to in subparagraph 12(1)(b)(ii), $35;
- B
- is the pensioner’s special qualifying factor for the month; and
- C
- is 1/24 of the aggregate of the income of the pensioner and his or her spouse or common-law partner for the base calendar year in excess of $4,000 rounded, if it is not a multiple of four dollars, to the next lower multiple of four dollars.
Marginal note:Indexation
(3) For the purpose of calculating the amount payable under subsection (1) or (2) for any month in a payment quarter beginning after September 30, 2011, the amount to be determined for A in that subsection is the amount obtained by multiplying
(a) the amount determined for A for any month in the three-month period immediately before that payment quarter
by
(b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter.
Marginal note:No decrease
(4) Despite subsection (3), the amount determined for A for any month in a payment quarter shall not be less than the amount determined for A for any month in the three-month period immediately before that payment quarter.
Marginal note:Effect of reduction in Consumer Price Index
(5) If, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter,
(a) no adjustment to the amount determined for A shall be made under subsection (3) in respect of that payment quarter; and
(b) no adjustment to the amount determined for A shall be made under subsection (3) in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in that paragraph is deemed to be the second adjustment quarter that relates to that subsequent payment quarter.
14. The Act is amended by adding the following after section 22:
Marginal note:Additional amount — subsection 22(2)
22.1 (1) The amount that may be added to the amount of the supplement that may be paid to a pensioner referred to in subsection 22(2) for any month in a payment quarter beginning after June 30, 2011 is the amount determined by the formula
A × B – C/4
where
- A
- is $35;
- B
- is the pensioner’s special qualifying factor for the month; and
- C
- is 1/24 of the aggregate of the income of the pensioner and his or her spouse or common-law partner for the base calendar year in excess of $4,000 rounded, if it is not a multiple of four dollars, to the next lower multiple of four dollars.
Marginal note:Additional amount — subsection 22(3)
(2) The amount that may be added to the amount of the allowance that may be paid to a spouse or common-law partner referred to in subsection 22(3) for any month in a payment quarter beginning after June 30, 2011 is the amount determined by the formula
A × B – C/4
where
- A
- is $35;
- B
- is the special qualifying factor for the spouse or common-law partner for the month; and
- C
- is 1/24 of the aggregate of the income of the pensioner and his or her spouse or common-law partner for the base calendar year in excess of $4,000 rounded, if it is not a multiple of four dollars, to the next lower multiple of four dollars.
Marginal note:Additional amount — subsection 22(4)
(3) The amount that may be added to the amount of the allowance that may be paid to a survivor referred to in subsection 22(4) for any month in a payment quarter beginning after June 30, 2011 is the amount determined by the formula
A × B – C/4
where
- A
- is $50;
- B
- is the survivor’s special qualifying factor for the month; and
- C
- is 1/12 of the survivor’s income for the base calendar year in excess of $2,000 rounded, if it is not a multiple of four dollars, to the next lower multiple of four dollars.
Marginal note:Indexation
(4) For the purpose of calculating the amount payable under any of subsections (1) to (3) for any month in a payment quarter beginning after September 30, 2011, the amount to be determined for A in that subsection is the amount obtained by multiplying
(a) the amount determined for A for any month in the three-month period immediately before that payment quarter
by
(b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter.
Marginal note:No decrease
(5) Despite subsection (4), the amount determined for A for any month in a payment quarter shall not be less than the amount determined for A for any month in the three-month period immediately before that payment quarter.
Marginal note:Effect of reduction in Consumer Price Index
(6) If, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter,
(a) no adjustment to the amount determined for A shall be made under subsection (4) in respect of that payment quarter; and
(b) no adjustment to the amount determined for A shall be made under subsection (4) in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in that paragraph is deemed to be the second adjustment quarter that relates to that subsequent payment quarter.
- Date modified: