Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Fall Economic Statement Implementation Act, 2022 (S.C. 2022, c. 19)

Assented to 2022-12-15

PART 1Amendments to the Income Tax Act and Other Legislation (continued)

R.S., c. 1 (5th Supp.)Income Tax Act (continued)

  •  (1) The portion of subsection 138.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Rules relating to segregated funds

    • 138.1 (1) In respect of life insurance policies for which all or any part of an insurer’s reserves vary in amount depending on the fair market value of a specified group of properties that is reported to a relevant authority (as defined in subsection 138(12)) as a segregated fund (in this section referred to as a “segregated fund”), for the purposes of this Part, the following rules apply:

  • (2) Subsection 138.1(7) of the Act is replaced by the following:

    • Marginal note:Non-application of subsections (1) to (6)

      (7) Subsections (1) to (6) do not apply to the holder of a segregated fund policy with respect to such a policy that is issued or effected as or under a FHSA, pooled registered pension plan, registered pension plan, registered retirement income fund, registered retirement savings plan or TFSA.

  • (3) Subsection (1) applies to taxation years that begin after 2022.

  • (4) Subsection (2) comes into force on April 1, 2023.

  •  (1) The definition transition year in subsection 142.51(1) of the Act is replaced by the following:

    transition year

    transition year of a taxpayer means the taxpayer’s first taxation year that begins after 2022. (année transitoire)

  • (2) Subsections 142.51(2) and (3) of the Act are replaced by the following:

    • Marginal note:Transition year income inclusion

      (2) If a taxpayer is an insurer in its transition year, there shall be included in computing the taxpayer’s income for its transition year the absolute value of the negative amount, if any, of the taxpayer’s transition amount.

    • Marginal note:Transition year income deduction

      (3) If a taxpayer is an insurer in its transition year, there shall be deducted in computing the taxpayer’s income for its transition year the positive amount, if any, of the taxpayer’s transition amount.

  • (3) The portion of subsection 142.51(4) of the Act before the formula is replaced by the following:

    • Marginal note:Transition year income inclusion reversal

      (4) If an amount has been included under subsection (2) in computing a taxpayer’s income for its transition year, there shall be deducted in computing the taxpayer’s income for each particular taxation year of the taxpayer that ends after the beginning of the transition year, and in which particular taxation year the taxpayer is an insurer, the amount determined by the formula

  • (4) The portion of subsection 142.51(5) of the Act before the formula is replaced by the following:

    • Marginal note:Transition year income deduction reversal

      (5) If an amount has been deducted under subsection (3) in computing a taxpayer’s income for its transition year, there shall be included in computing the taxpayer’s income, for each particular taxation year of the taxpayer ending after the beginning of the transition year, and in which particular taxation year the taxpayer is an insurer, the amount determined by the formula

  • (5) The portion of subsection 142.51(6) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Winding-up

      (6) If a taxpayer has, in a winding-up to which subsection 88(1) has applied, been wound-up into another corporation (referred to in this subsection as the “parent”), and immediately after the winding-up the parent is an insurer, in applying subsections (4) and (5) in computing the income of the taxpayer and of the parent for particular taxation years that end on or after the first day (referred to in this subsection as the “start day”) on which assets of the taxpayer were distributed to the parent on the winding-up,

  • (6) Subparagraph 142.51(6)(a)(iii) of the Act is replaced by the following:

    • (iii) any amount that would — in the absence of this subsection and if the taxpayer existed and was an insurer on each day that is the start day or a subsequent day and on which the parent is an insurer — be required to be deducted or included, in respect of any of those days, under subsection (4) or (5) in computing the taxpayer’s income for its transition year; and

  • (7) The portion of subsection 142.51(7) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Amalgamations

      (7) If there is an amalgamation (within the meaning assigned by subsection 87(1)) of a taxpayer with one or more other corporations to form one corporation (referred to in this subsection as the “new corporation”), and immediately after the amalgamation the new corporation is an insurer, in applying subsections (4) and (5) in computing the income of the new corporation for particular taxation years of the new corporation that begin on or after the day on which the amalgamation occurred, the new corporation is, on and after that day, deemed to be the same corporation as and a continuation of the taxpayer in respect of

  • (8) Paragraph 142.51(7)(c) of the Act is replaced by the following:

    • (c) any amount that would — in the absence of this subsection and if the taxpayer existed and was an insurer on each day that is the day on which the amalgamation occurred or a subsequent day and on which the new corporation is an insurer — be required to be deducted or included, in respect of any of those days, under subsection (4) or (5) in computing the taxpayer’s income.

  • (9) Paragraph 142.51(8)(b) of the Act is replaced by the following:

    • (b) subsection 85(1) applies to the transfer, the transfer includes all or substantially all of the property and liabilities of the transferred business and, immediately after the transfer, the transferee is an insurer.

  • (10) Subparagraph 142.51(9)(a)(iii) of the Act is replaced by the following:

    • (iii) any amount that would — in the absence of this subsection and if the transferor existed and was an insurer on each day that includes that time or is a subsequent day and on which the transferee is an insurer — be required to be deducted or included, in respect of any of those days, under subsection (4) or (5) in computing the transferor’s income that can reasonably be attributed to the transferred business; and

  • (11) Subsection 142.51(10) of the Act is repealed.

  • (12) The portion of subsection 142.51(11) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Ceasing to carry on a business

      (11) If at any time, a taxpayer ceases to be an insurer

  • (13) The portion of subsection 142.51(12) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Ceasing to exist

      (12) If at any time a taxpayer ceases to exist (otherwise than as a result of a merger to which subsection 87(2) applies or a winding-up to which subsection 88(1) applies), for the purposes of subsection (11), the taxpayer is deemed to have ceased to be an insurer at the earlier of

      • (a) the time (determined without reference to this subsection) at which the taxpayer ceased to be an insurer, and

  • (14) Section 142.51 of the Act is amended by adding the following after subsection (12):

    • Marginal note:Application of subsection (13.1)

      (13) Subsection (13.1) applies to a taxpayer for a particular taxation year of the taxpayer if

      • (a) the taxpayer holds a transition property in the particular taxation year;

      • (b) the property was a mark-to-market property of the taxpayer for the taxation year preceding the particular taxation year; and

      • (c) the property is not a mark-to-market property of the taxpayer for the particular taxation year.

    • Marginal note:Ceasing to be mark-to-market property

      (13.1) If this subsection applies to a taxpayer for a particular taxation year of the taxpayer, for purposes of this section

      • (a) the taxpayer is deemed to have ceased to be an insurer at the particular time that is the beginning of the particular taxation year; and

      • (b) the time immediately before the particular time shall be deemed to be the end of the taxation year that ends immediately before the particular taxation year.

  • (15) Subsections (1) to (14) apply to taxation years that begin after 2022.

  •  (1) Subsection 146(16) of the Act is amended by striking out “or” at the end of paragraph (a.1) and by adding the following after that paragraph:

    • (a.2) to a FHSA for the benefit of the transferor, if subsection (8.3) would not apply to an amount in respect of the property in the case that the property was instead received by the transferor as a benefit out of or under the registered retirement savings plan, or

  • (2) Paragraph 146(16)(d) of the Act is replaced by the following:

    • (d) no deduction may be made under subsection (5), (5.1) or (8.2) or section 8, 60 or 146.6 in respect of the payment or transfer in computing the income of any taxpayer, and

  • (3) Subsections (1) and (2) come into force on April 1, 2023.

  •  (1) Paragraph 146.3(2)(f) of the Act is amended by striking out “or” at the end of subparagraph (viii), by adding “or” at the end of subparagraph (ix) and by adding the following after subparagraph (ix):

    • (x) a FHSA in accordance with subsection 146.6(7);

  • (2) Subsection (1) comes into force on April 1, 2023.

  •  (1) The Act is amended by adding the following after section 146.5:

    Tax-Free First Home Savings Account

    Marginal note:Definitions

    • 146.6 (1) The following definitions apply in this section.

      annual FHSA limit

      annual FHSA limit of a taxpayer for a taxation year is the least of

      • (a) the amount determined by the formula

        A + B − C

        where

        A
        is the total of all contributions made to a FHSA in the year by the taxpayer (other than any contributions made after the taxpayer’s first qualifying withdrawal from a FHSA),
        B
        is
        • (i) if the taxpayer’s maximum participation period has not begun in a preceding taxation year, nil, and

        • (ii) in any other case, the amount by which the amount determined under this paragraph for the preceding taxation year exceeds the annual FHSA limit for that taxation year, and

        C
        is the total of all designated amounts described in paragraph (b) of the definition designated amount in subsection 207.01(1) for the year,
      • (b) the amount determined by the formula

        $8,000 + D − (E − F − G)

        where

        D
        is the amount of the FHSA carryforward for the taxation year;
        E
        is the total of all amounts transferred in the year or a preceding taxation year under paragraph 146(16)(a.2) to a FHSA under which the taxpayer is the holder, and
        F
        is the total of all amounts, each of which is an amount determined in respect of each preceding taxation year that is
        • (i) if the taxpayer had not started their maximum participation period in the preceding taxation year, nil, or

        • (ii) in any other case, the lesser of

          • (A) the amount determined by the formula

            H − I

            where

            H
            is the amount determined for E in the preceding taxation year, and
            I
            is the amount determined for F in the preceding taxation year, and
          • (B) $8,000 plus the amount of the FHSA carryforward for the preceding taxation year, and

        G
        is the total of all designated amounts described in paragraph (a) of the definition designated amount in subsection 207.01(1), and
      • (c) nil, if the taxation year is after the year in which

        • (i) the taxpayer’s maximum participation period has ended, or

        • (ii) the taxpayer has died. (plafond annuel au titre du CELIAPP)

      beneficiary

      beneficiary under a FHSA means an individual (including an estate) or a qualified donee that has a right to receive a distribution from the FHSA after the death of the holder of the FHSA. (bénéficiaire)

      first home savings account

      first home savings account or FHSA means an arrangement registered with the Minister that has not ceased to be a FHSA under subsection 146.6(16). (compte d’épargne libre d’impôt pour l’achat d’une première propriété ou CELIAPP)

      FHSA carryforward

      FHSA carryforward of a taxpayer for a taxation year is the least of

      • (a) $8,000,

      • (b) the amount determined by the formula

        A − B

        where

        A
        is the amount determined in paragraph (b) of the definition annual FHSA limit for the preceding taxation year, and
        B
        is the amount determined in paragraph (a) of the definition annual FHSA limit for the preceding taxation year, and
      • (c) nil, if the taxpayer had not started their maximum participation period prior to the taxation year. (montant des cotisations reporté)

      holder

      holder of an arrangement means

      • (a) until the death of the individual who entered into the arrangement, the individual; and

      • (b) after the death of the individual, the individual’s survivor, if the survivor is designated under the arrangement to become a successor of the holder and is a qualifying individual. (titulaire)

      issuer

      issuer of an arrangement means the person described as the issuer in the definition qualifying arrangement. (émetteur)

      maximum participation period

      maximum participation period of an individual means the period that

      • (a) begins when an individual first enters into a qualifying arrangement; and

      • (b) ends at the end of the year following the year in which the earliest of the following events occur:

        • (i) the 14th anniversary of the date the individual first enters into a qualifying arrangement,

        • (ii) the individual attains 70 years of age, and

        • (iii) the individual first makes a qualifying withdrawal from a FHSA. (période de participation maximale)

      non-qualified investment

      non-qualified investment has the same meaning as in subsection 207.01(1). (placement non admissible)

      qualified investment

      qualified investment has the same meaning as in subsection 207.01(1). (placement admissible)

      qualifying arrangement

      qualifying arrangement, at a particular time, means an arrangement

      • (a) that is entered into after March 2023 between a person (in this definition referred to as the “issuer”) and a qualifying individual;

      • (b) that is

        • (i) an arrangement in trust with an issuer that is a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee,

        • (ii) an annuity contract with an issuer that is a licensed annuities provider, or

        • (iii) a deposit with an issuer that is

          • (A) a person that is, or is eligible to become, a member of the Canadian Payments Association, or

          • (B) a credit union that is a shareholder or member of a body corporate referred to as a “central” for the purposes of the Canadian Payments Act;

      • (c) that provides for contributions to be made under the arrangement to the issuer in consideration of, or to be used, invested or otherwise applied for the purpose of, the issuer making distributions under the arrangement to the holder;

      • (d) under which the issuer and the qualifying individual agree, at the time the arrangement is entered into, that the issuer will file with the Minister an election to register the arrangement as a FHSA, in the prescribed form and manner under the Social Insurance Number of the qualifying individual with whom the arrangement was entered into; and

      • (e) that, at all times throughout the period that begins at the time the arrangement is entered into and that ends at the particular time, complies with the conditions in subsection (2). (arrangement admissible)

      qualifying home

      qualifying home means

      • (a) a housing unit located in Canada; or

      • (b) a share of the capital stock of a cooperative housing corporation, the holder of which is entitled to possession of a housing unit located in Canada, except that, where the context so requires, a reference to a share with a right to possession of a housing unit described means the housing unit to which the share relates. (habitation admissible)

      qualifying individual

      qualifying individual, at a particular time, means an individual who

      • (a) is a resident of Canada;

      • (b) is at least 18 years of age; and

      • (c) did not, at any prior time in the calendar year or in the preceding four calendar years, inhabit as a principal place of residence a qualifying home (or what would be a qualifying home if it were located in Canada) that was owned, whether jointly with another person or otherwise, by

        • (i) the individual, or

        • (ii) a person who is the spouse or common-law partner of the individual at the particular time. (particulier déterminé)

      qualifying withdrawal

      qualifying withdrawal of an individual means an amount received at a particular time by the individual as a benefit out of or under a FHSA if

      • (a) the amount is received as a result of the individual’s written request in prescribed form in which the individual sets out the location of a qualifying home that the individual has begun, or intends not later than one year after its acquisition by the individual to begin, using as a principal place of residence;

      • (b) the individual

        • (i) is a resident of Canada throughout the period that begins at the particular time and ends at the earlier of the time of the individual’s death and the time at which the individual acquires the qualifying home, and

        • (ii) does not have an owner-occupied home within the meaning of paragraph 146.01(2)(a.1) in the period

          • (A) that begins at the beginning of the fourth preceding calendar year that ended before the particular time, and

          • (B) that ends on the 31st day before the particular time;

      • (c) the individual entered into an agreement in writing before the particular time for the acquisition or construction of the qualifying home before October 1 of the calendar year following the year in which the amount was received; and

      • (d) the individual did not acquire the qualifying home more than 30 days before the particular time. (retrait admissible)

      survivor

      survivor of a qualifying individual means another individual who is, immediately before the qualifying individual’s death, a spouse or common-law partner of the qualifying individual. (survivant)

    • Marginal note:Qualifying arrangement conditions

      (2) For the purposes of paragraph (e) of the definition qualifying arrangement in subsection (1), the conditions are as follows:

      • (a) the arrangement requires that it be maintained for the exclusive benefit of the holder (determined without regard to any right of a person to receive a payment out of or under the arrangement only on or after the death of the holder);

      • (b) the arrangement prohibits, while there is a holder of the arrangement, anyone that is neither the holder nor the issuer of the arrangement from having rights under the arrangement relating to the amount and timing of distributions and the investing of funds;

      • (c) the arrangement prohibits anyone other than the holder from making contributions under the arrangement;

      • (d) the arrangement permits distributions to be made to reduce the amount of tax otherwise payable by the holder under section 207.021;

      • (e) the arrangement provides that, at the direction of the holder, the issuer shall transfer all or any part of the property held in connection with the arrangement (or an amount equal to its value) to another FHSA of the holder or to an RRSP or a RRIF under which the holder is the annuitant;

      • (f) if the arrangement is an arrangement in trust, it prohibits the trust from borrowing money or other property for the purposes of the arrangement;

      • (g) the arrangement provides that it ceases to be a FHSA after the end of the holder’s maximum participation period;

      • (h) the arrangement, if it involves an issuer described in subparagraph (b)(iii) of the definition qualifying arrangement in subsection (1), includes provisions stipulating that the issuer has no right of offset with respect to the property held under the arrangement in connection with any debt or obligation owing to the issuer; and

      • (i) the arrangement meets prescribed conditions.

    • Marginal note:Trust not taxable

      (3) No tax is payable under this Part by a trust that is governed by a FHSA on its taxable income for a taxation year, except that, if at any time in the taxation year, it carries on one or more businesses or holds one or more properties that are non-qualified investments for the trust, tax is payable under this Part by the trust on the amount that would be its taxable income for the taxation year if it had no incomes or losses from sources other than those businesses and properties, and no capital gains or capital losses other than from dispositions of those properties, and for that purpose,

      • (a) income includes dividends described in section 83;

      • (b) the trust’s taxable capital gain or allowable capital loss from the disposition of a property is equal to its capital gain or capital loss, as the case may be, from the disposition; and

      • (c) the trust’s income shall be computed without reference to subsection 104(6).

    • Marginal note:Carrying on a business

      (4) If tax is payable under this Part for a taxation year by application of subsection (3) by a trust that is governed by a FHSA that carries on one or more businesses at any time in the taxation year,

      • (a) the holder of the FHSA is jointly and severally, or solidarily, liable with the trust to pay each amount payable under this Act by the trust that is attributable to that business or those businesses; and

      • (b) the issuer’s liability at any time for amounts payable under this Act in respect of that business or those businesses may not exceed the total of

        • (i) the amount of property of the trust that the issuer is in possession or control of at that time in its capacity as legal representative of the trust, and

        • (ii) the total amount of all distributions of property from the trust on or after the date that the notice of assessment was sent in respect of the taxation year and before that time.

    • Marginal note:FHSA deduction

      (5) There may be deducted in computing a taxpayer’s income for a taxation year an amount not exceeding the lesser of

      • (a) the amount determined by the formula

        A − B

        where

        A
        is the total of all amounts each of which is the taxpayer’s annual FHSA limit for the year and each preceding taxation year, and
        B
        is the total of all amounts each of which is an amount deducted under this subsection in computing the individual’s income for preceding taxation years, and
      • (b) the amount by which $40,000 exceeds the total of

        • (i) the amount determined for B in paragraph (a), and

        • (ii) all amounts transferred in the year or a preceding taxation year under paragraph 146(16)(a.2) to a FHSA under which the taxpayer is the holder.

    • Marginal note:Withdrawals included in income

      (6) There shall be included in computing the income of a taxpayer for a taxation year the total of all amounts received by the taxpayer in the year out of or under a FHSA of which the taxpayer is the holder, other than an amount that is

      • (a) a qualifying withdrawal;

      • (b) a designated amount as defined in subsection 207.01(1); or

      • (c) otherwise included in computing the income of the taxpayer.

    • Marginal note:Transfer of amounts

      (7) Subsection (8) applies to an amount transferred at a particular time from a FHSA (in this subsection referred to as the “transferor FHSA”) if the following conditions are met:

      • (a) the amount is transferred on behalf of an individual who is

        • (i) the holder of the transferor FHSA,

        • (ii) a spouse or common-law partner or former spouse or common-law partner of the holder of the transferor FHSA and who is entitled to the amount under a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a division of property between the holder and the individual, in settlement of rights arising out of, or on a breakdown of, their marriage or common-law partnership, or

        • (iii) entitled to the amount as a consequence of the death of the holder of the transferor FHSA and was a spouse or common-law partner of the holder immediately before the death;

      • (b) the amount is transferred directly to

        • (i) another FHSA of the individual, or

        • (ii) an RRSP or a RRIF under which the individual is the annuitant; and

      • (c) if the transfer is not made to another FHSA of the holder of the transferor FHSA, the amount does not exceed the amount determined by the formula

        A − B

        where

        A
        is the amount that is the total fair market value, immediately before the particular time, of all property held by a FHSA under which the holder of the transferor FHSA is a holder, and
        B
        is the excess FHSA amount (as defined in subsection 207.01(1)) of the holder of the transferor FHSA at the particular time.
    • Marginal note:Tax-free transfer

      (8) If this subsection applies to an amount transferred from a FHSA,

      • (a) the amount shall not, by reason only of the transfer, be included in computing the income of any taxpayer; and

      • (b) no deduction may be made under this Part in respect of the amount in computing the income of any taxpayer.

    • Marginal note:Taxable transfer

      (9) If an amount is transferred from a FHSA to a plan or fund (in this subsection referred to as the “transferee plan”) that is a FHSA, RRSP or RRIF and subsection (8) does not apply to the amount transferred,

      • (a) the amount is deemed to have been received from the FHSA by the holder of the FHSA;

      • (b) the holder or annuitant of the transferee plan is deemed to have paid the amount as a contribution or premium to the transferee plan; and

      • (c) in the case that the transferee plan is a RRIF, for the purposes of subsection 146(5) and Part X.1, the annuitant of the transferee plan is deemed to have paid the amount at the time of the transfer as a premium under a RRSP under which the annuitant is the annuitant (as defined in subsection 146(1)).

    • Marginal note:Apportionment of transferred amount

      (10) If an amount is transferred from a FHSA to another FHSA, or to a RRSP or RRIF, and a portion but not all of the amount is transferred in accordance with subsection (7),

      • (a) subsection (8) applies to the portion of the amount transferred in accordance with subsection (7), and

      • (b) subsection (9) applies with respect to the remainder of the amount.

    • Marginal note:Security for loan

      (11) If at any time in a taxation year a trust governed by a FHSA uses or permits to be used any property of the trust as security for a loan, the fair market value of the property at the time it commenced to be so used shall be included in computing the income for the year of the holder of the FHSA at that time.

    • Marginal note:Recovery of property used as security

      (12) If in a taxation year a property described in subsection (11) ceases to be used as security for a loan, there may be deducted, in computing the income of the holder of the relevant FHSA for the taxation year, an amount equal to the amount determined by the formula

      A − B

      where

      A
      is the amount included by application of subsection (11) in computing the income of the holder as a consequence of the property being used as security for a loan; and
      B
      is the net loss (exclusive of payments by the trust as or on account of interest) sustained by the trust in consequence of its using the property, or permitting it to be used, as security for the loan and not as a result of a change in the fair market value of the property.
    • Marginal note:Successor holder

      (13) If the holder of a FHSA dies and the holder’s survivor is designated as the successor holder of the FHSA, the survivor is, immediately after the time of death, deemed to have entered into a new qualifying arrangement in respect of the FHSA unless

      • (a) the survivor is a qualifying individual and the balance of the FHSA is transferred to a RRSP or a RRIF of the survivor, or distributed to the survivor in accordance with subsection (14), by the end of the year following the year of death; or

      • (b) the survivor is not a qualifying individual, in which case the balance of the FHSA is to be transferred to a RRSP or a RRIF of the survivor, or distributed to the survivor in accordance with subsection (14), by the end of the year following the year of death.

    • Marginal note:Distribution on death

      (14) If, as a consequence of the death of the holder of a FHSA, an amount is distributed in a taxation year from the FHSA to, or on behalf of, a beneficiary, the amount shall be included in computing the beneficiary’s income for the year.

    • Marginal note:Deemed transfer or distribution

      (15) If an amount is distributed at any time from the FHSA of a deceased holder to the holder’s legal representative and a survivor of the holder is entitled to all or a portion of the amount in full or partial satisfaction of the survivor’s rights as a person beneficially interested under the deceased’s estate, the following rules apply:

      • (a) if a payment is made from the estate to a FHSA, RRSP or RRIF of the survivor, the payment is deemed to be a transfer from the FHSA to the extent that

        • (i) it is so designated jointly by the legal representative and the survivor in prescribed form filed with the Minister, and

        • (ii) it meets the conditions to be a transferred amount under subsections (7) to (10);

      • (b) if a payment is made from the estate to the survivor, the payment is deemed for the purposes of subsection (14) to be a distribution to the survivor as a beneficiary to the extent that it is so designated jointly by the legal representative and the survivor in prescribed form filed with the Minister; and

      • (c) for the purposes of subsection (14), the amount distributed to the legal representative from the FHSA is deemed to be reduced by the amounts designated in paragraphs (a) and (b).

    • Marginal note:Arrangement ceasing to be a FHSA

      (16) An arrangement that was filed with the Minister as a FHSA ceases to be a FHSA at

      • (a) subject to paragraph (b), the earliest of the following times:

        • (i) the end of the maximum participation period of the last holder,

        • (ii) the end of the year following the year of the death of the last holder,

        • (iii) the time at which the arrangement ceases to be a qualifying arrangement, or

        • (iv) the time at which the arrangement is not administered in accordance with the conditions in subsection (2); or

      • (b) a later time specified by the Minister in writing.

    • Marginal note:Rules applicable on FHSA cessation

      (17) If an arrangement ceases at a particular time to be a FHSA,

      • (a) subsection (3) does not apply to exempt the trust governed by the arrangement from tax under this Part on the taxable income of the trust earned after the particular time;

      • (b) if the taxpayer who was the holder under the arrangement is not deceased at the particular time, an amount equal to the fair market value of all property of the arrangement immediately before the particular time is to be included in the taxpayer’s income for the taxation year that includes the particular time; and

      • (c) if the last holder is deceased at the particular time, each beneficiary of the FHSA shall include in their income, for the taxation year that includes the particular time, the proportion of the fair market value of all property of the arrangement immediately before the particular time that the beneficiary is entitled to.

    • Marginal note:Regulations

      (18) The Governor in Council may make regulations requiring issuers of FHSAs to file information returns in respect of FHSAs.

  • (2) Subsection (1) comes into force on April 1, 2023.

 

Date modified: