Income Tax Regulations

230 (1) In this section,

publicly traded

publicly traded means, with respect to any security,

• (a) a security that is listed or posted for trading on a stock exchange, commodity exchange, futures exchange or any other exchange, or

• (b) a security in respect of the sale and distribution of which a prospectus, registration statement or similar document has been filed with a public authority; (négocié sur le marché)

sale

sale includes the granting of an option and a short sale; (vente)

security

security means

• (a) a publicly traded share of the capital stock of a corporation,

• (b) a publicly traded debt obligation,

• (c) a debt obligation of or guaranteed by

  • (i) the Government of Canada,

  • (ii) the government of a province or an agent thereof,

  • (iii) a municipality in Canada,

  • (iv) a municipal or public body performing a function of government in Canada, or

  • (v) the government of a foreign country or of a political subdivision of a foreign country or a local authority of such a government,

• (c.1) a debt obligation that is, at any time, described in paragraph 7000(1)(d),

• (d) a publicly traded interest in a trust,

• (e) a publicly traded interest in a partnership,

• (f) an option or contract in respect of any property described in any of paragraphs (a) to (e), or

• (g) a publicly traded option or contract in respect of any property including any commodity, financial futures, foreign currency or precious metal or in respect of any index relating to any property; (titre)

trader or dealer in securities

trader or dealer in securities means

• (a) a person who is registered or licensed under the laws of a province to trade in securities, or

• (b) a person who in the ordinary course of business makes sales of securities as agent on behalf of others. (négociant ou courtier en valeurs)

(2) Every trader or dealer in securities who, in a calendar year, purchases a security as principal or sells a security as agent for any vendor shall make an information return for the year in prescribed form in respect of the purchase or sale.

(3) Every person (other than an individual who is not a trust) who in a calendar year redeems, acquires or cancels in any manner whatever any securities issued by that person shall make an information return for the year in prescribed form in respect of each such transaction, other than a transaction to which section 51, 51.1, 86 (if there is no consideration receivable other than new shares) or 87 or subsection 98(3) or (6) of the Act applies.

(4) Subsection (3) applies to

• (a) Her Majesty in right of Canada or a province;

• (b) a municipal or public body performing a function of government in Canada; and

• (c) an agent of a person referred to in paragraph (a) or (b).

(5) Every person who, in the ordinary course of a business of buying and selling precious metals in the form of certificates, bullion or coins, makes a payment in a calendar year to another person in respect of a sale by that other person of any such property shall make an information return for that year in prescribed form in respect of each such sale.

(6) Every person who, while acting as nominee or agent for another person in respect of a sale or other transaction to which subsection (2), (3) or (5) applies, receives the proceeds of the sale or other transaction shall, where the transaction is carried out in the name of the nominee or agent, make an information return in prescribed form in respect of the sale or other transaction.

(7) This section does not apply in respect of

• (a) a purchase of a security by a trader or dealer in securities from another trader or dealer in securities other than a non-resident trader or dealer in securities;

• (b) a sale of currencies or precious metals in the form of jewellery, works of art or numismatic coins;

• (c) a sale of precious metals by a person who, in the ordinary course of business, produces or sells precious metals in bulk or in commercial quantities;

• (d) a sale of securities by a trader or dealer in securities on behalf of a person who is exempt from tax under Part I of the Act; or

• (e) a redemption by the issuer or an agent of the issuer of a debt obligation where

  • (i) the debt obligation was issued for its principal amount,

  • (ii) the redemption satisfies all of the issuer’s obligations in respect of the debt obligation,

  • (iii) each person with an interest in the debt obligation is entitled in respect thereof to a proportion of all payments of principal equal to the proportion to which the person is entitled of all payments other than principal, and

  • (iv) an information return is required under another section of this Part to be made as a result of the redemption in respect of each person with an interest in the debt obligation.