Marginal note:1998, c. 19, s. 297(1)

• 30. (1) Subsection 18.3002(1) of the Act is replaced by the following:

  Marginal note:General procedure to apply

  • 18.3002 (1) If the Attorney General of Canada so requests, the Court shall order that

    • (a) in the case of an appeal referred to in paragraph 18.3001(a) or (b), sections 17.1, 17.2 and 17.4 to 17.8 apply to an appeal in respect of which sections 18.3003, 18.3005 and 18.3008 to 18.302 would otherwise apply; and

    • (b) in the case of an appeal referred to in paragraph 18.3001(c), sections 17.1 to 17.8 apply to an appeal in respect of which sections 18.3003, 18.3005 and 18.3008 to 18.302 would otherwise apply.

• (2) Subsection (1) applies with respect to appeals for which a notice of appeal is filed with the Tax Court of Canada after the day on which this Act receives royal assent.

• 31. (1) The Act is amended by adding the following after section 18.3002:

  Marginal note:Order for general procedure — Excise Act, 2001

  18.30021 If, before the start of the hearing of an appeal referred to in paragraph 18.3001(a), it appears to the Court that the amount in dispute exceeds $25,000, the Court shall order that sections 17.1, 17.2 and 17.4 to 17.8 apply in respect of the appeal unless the appellant elects to limit the appeal to $25,000.

  Marginal note:Order for general procedure — Excise Tax Act

  18.30022 If, before the start of the hearing of an appeal referred to in paragraph 18.3001(c), it appears to the Court that the amount in dispute exceeds $50,000, the Court shall order that sections 17.1 to 17.8 apply in respect of the appeal unless the appellant elects to limit the appeal to $50,000.

  Marginal note:Order at hearing — Excise Act, 2001

  18.30023 If, after the hearing of an appeal referred to in paragraph 18.3001(a) has started but before a judgment is rendered on the appeal, it appears to the Court that the amount in dispute exceeds $25,000, the Court shall, on motion of either party or of its own motion, order that sections 17.1, 17.2 and 17.4 to 17.8 apply with respect to the appeal unless

  • (a) the appellant elects to limit the appeal to $25,000; or

  • (b) the amount of the excess is too small to justify a re-hearing in accordance with the general procedure, taking into account the inconvenience and expense that would result to the parties and the interests of justice and fairness.

  Marginal note:Order at hearing — Excise Tax Act

  18.30024 If, after the hearing of an appeal referred to in paragraph 18.3001(c) has started but before a judgment is rendered on the appeal, it appears to the Court that the amount in dispute exceeds $50,000, the Court shall, on motion of either party or of its own motion, order that sections 17.1 to 17.8 apply with respect to the appeal unless

  • (a) the appellant elects to limit the appeal to $50,000; or

  • (b) the amount of the excess is too small to justify a re-hearing in accordance with the general procedure, taking into account the inconvenience and expense that would result to the parties and the interests of justice and fairness.

• (2) Subsection (1) applies with respect to appeals for which a notice of appeal is filed with the Tax Court of Canada after the day on which this Act receives royal assent.

C.R.C., c. 945Income Tax Regulations

• 32. (1) Subsection 400(1.1) of the Income Tax Regulations is repealed.

• (2) Subsection (1) applies to taxation years that begin after March 20, 2013.

• 33. (1) Subsection 413(1) of the Regulations is replaced by the following:

  • 413. (1) In this Part, if a corporation is not resident in Canada

    • (a) “salaries and wages paid in the year” by the corporation does not include salaries and wages paid to employees of a permanent establishment outside Canada; and

    • (b) “taxable income” of the corporation is deemed to refer to the corporation’s taxable income earned in Canada.

• (2) Subsection (1) applies to taxation years that begin after March 20, 2013.

• 34. (1) Section 413.1 of the Regulations and the heading before it are repealed.

• (2) Subsection (1) applies to taxation years that begin after March 20, 2013.

• 35. (1) The portion of subsection 1102(16.1) of the Regulations before paragraph (a) is replaced by the following:

  • (16.1) A taxpayer who acquires a property after March 18, 2007 and before 2016 that is manufacturing or processing machinery or equipment may (by letter attached to the return of income of the taxpayer filed with the Minister in accordance with section 150 of the Act for the taxation year in which the property is acquired) elect to include the property in Class 29 in Schedule II if

• (2) Subsection (1) is deemed to have come into force on January 1, 2012.

• 36. (1) Part LXXV of the Regulations is repealed.

• (2) Subsection (1) applies in respect of missions initiated after September 2012.

• 37. (1) Section 7900 of the Regulations is replaced by the following:

  7900. For the purposes of the definitions “excluded income” and “excluded revenue” and “specified deposit” in subsection 95(2.5) of the Act, each of the following is a prescribed financial institution:

  • (a) a member of the Canadian Payments Association; and

  • (b) a credit union that is a shareholder or member of a body corporate or organization that is a central for the purposes of the Canadian Payments Act.

• (2) Subsection (1) applies to taxation years that begin after March 20, 2013.

• 38. (1) The portion of the definition “Canadian assets” in section 8600 of the Regulations after paragraph (a) is replaced by the following:

  exceeds

  • (b) the investment allowance of the corporation for the year determined under subsection 181.3(4) of the Act; (actif canadien)

• (2) Subsection (1) applies to taxation years that begin after March 20, 2013.

• 39. (1) Paragraph 8603(a) of the English version of the Regulations is replaced by the following:

  • (a) “Canadian assets” of a corporation that is a financial institution (as defined in subsection 190(1) of the Act) at any time in a taxation year means, in respect of that year, the amount that would be determined under the definition “Canadian assets” in section 8600 in respect of the corporation for the year if the reference in that definition to “subsection 181(1)” were read as a reference to “subsection 190(1)” and paragraph (b) of that definition were read as follows:

    • “(b) the total determined under section 190.14 of the Act in respect of the corporation’s investments for the year in financial institutions related to it;”;

• (2) Subsection (1) applies to taxation years that begin after March 20, 2013.

• 40. (1) The portion of subparagraph (c)(iii) of Class 29 in Schedule II to the Regulations before clause (A) is replaced by the following:

  • (iii) after March 18, 2007 and before 2016 if the property is machinery, or equipment,

• (2) Subsection (1) is deemed to have come into force on March 21, 2013.

Coordinating Amendments

Marginal note:Bill C-48

• 41. (1) Subsections (2) to (4) apply if Bill C-48, introduced in the 1st session of the 41st Parliament and entitled the Technical Tax Amendments Act, 2012 (in this section referred to as the “other Act”), receives royal assent.

• (2) If this Act receives royal assent before the other Act, then on the day on which the other Act receives royal assent, subparagraph 82(1)(b)(i) of the Income Tax Act, as enacted by subsection 218(2) of the other Act, is replaced by the following:

  • (i) 18% of the amount determined under paragraph (a) in respect of the taxpayer for the taxation year, and

• (3) If this Act receives royal assent on the same day as the other Act, then the other Act is deemed to have received royal assent before this Act.

• (4) Subsection (2) comes into force or is deemed to have come into force on January 1, 2014 and applies to dividends paid after 2013.

PART 2MEASURES RELATING TO SALES AND EXCISE TAXES AND EXCISE DUTIES

R.S., c. E-15Excise Tax Act

Marginal note:R.S., c. 7 (2nd Supp.), s. 49(1)

• 42. (1) The portion of subsection 102.1(2) of the Excise Tax Act before paragraph (a) is replaced by the following:

  • Marginal note:Authorization order

    (2) A judge of the Federal Court may, on application by the Minister and subject to any conditions that the judge considers appropriate, authorize the Minister to serve a notice under subsection 99(1) with respect to an unnamed person or a group of unnamed persons if the judge is satisfied by information on oath that

• Marginal note:R.S., c. 7 (2nd Supp.), s. 49(1); 1996, c. 21, s. 63(2)

  (2) Subsections 102.1(3) to (6) of the Act are repealed.

• (3) Subsections (1) and (2) apply to applications made by the Minister of National Revenue after the day on which this Act receives royal assent.