Interpretation

Marginal note:Meaning of Act

1 In these Regulations, Act means the Excise Tax Act.

PART 1Permanent Establishment in a Province

Marginal note:Prescribed classes

• 2 (1) For the purposes of subsection 132.1(3) of the Act, the following classes of persons are prescribed:

  • (a) charities;

  • (b) non-profit organizations; and

  • (c) selected public service bodies.

• Marginal note:Permanent establishment in a province

  (2) For the purposes of subsection 132.1(3) of the Act, a person referred to in subsection (1) is deemed to have a permanent establishment in a province if a place in the province would be a permanent establishment (as defined for the purposes of Part IV of the Income Tax Regulations) of the person under the following circumstances:

  • (a) the person were a corporation; and

  • (b) the person’s activities were a business for the purposes of the Income Tax Act.

PART 2Travel and Other Allowances

Marginal note:Percentage

3 For the purposes of subparagraph (i) of the description of B in paragraph 174(f) of the Act,

• (a) if all or substantially all of the supplies for which the allowance is paid were made in a particular participating province or if the allowance is paid for the use of the motor vehicle and all or substantially all of that use is in a particular participating province, the percentage is the total of the rate set out in subsection 165(1) of the Act and the tax rate for that particular participating province; and

• (b) unless paragraph (a) applies, if all or substantially all of the supplies for which the allowance is paid were made in two or more participating provinces or if the allowance is paid for the use of the motor vehicle and all or substantially all of that use is in two or more participating provinces, the percentage is the total of the rate set out in subsection 165(1) of the Act and the lowest tax rate among the tax rates for those participating provinces.

PART 3Direct Sellers

Marginal note:Adjustment for participating provinces

4 For the purposes of the new harmonized value-added tax system, subsections 178.3(5) and (6) and 178.4(5) and (6) of the Act do not apply in respect of supplies of exclusive products made by independent sales contractors.

PART 4Non-Exclusive Use of Passenger Vehicle or Aircraft

Marginal note:Bringing between participating provinces

5 For the purpose of the description of I in subparagraph (iv) of the description of A in paragraph 202(4)(b) of the Act, the rate is

• (a) in the case of the bringing into a participating province of a vehicle or aircraft from another participating province, the percentage determined by the formula

  A - B

  where

  A

  is the tax rate for the participating province into which the vehicle or aircraft is brought, and

  B

  is the tax rate for the participating province from which the vehicle or aircraft is removed; and

• (b) in any other case, 0%.

PART 5Property and Services Brought into a Province

DIVISION 1Interpretation

Marginal note:Definitions

6 The following definitions apply in this Part.

provincial rate

provincial rate, for or in relation to a province, means

• (a) in the case of a participating province, the tax rate for that province; and

• (b) in the case of a non-participating province, 0%. (taux provincial)

specified item

specified item, in respect of a province, means property or a service that is an item included in a schedule to the Deduction for Provincial Rebate (GST/HST) Regulations and in respect of which an amount may be paid or credited under an Act of the legislature of the province. (article déterminé)

DIVISION 2Tax on Imported Taxable Supplies

Marginal note:Extent of consumption, use or supply

7 For the purposes of paragraph 218.1(1)(a) of the Act, the prescribed extent is an extent of at least 10%.

DIVISION 3Tax on Property and Services Brought Into a Participating Province

Marginal note:Specified provincial tax

8 For the purposes of paragraph (d) of the definition specified provincial tax in section 220.01 of the Act,

• (a) in the case of a vehicle registered in the province of Ontario, the prescribed tax is the tax imposed under the Retail Sales Tax Act, R.S.O. 1990, c. R.31, as amended from time to time; and

• (b) in the case of a vehicle registered in the province of British Columbia, the prescribed tax is the tax imposed under Part 5 of the Consumption Tax Rebate and Transition Act, S.B.C. 2010, c. 5, as amended from time to time.

Marginal note:Calculation of tax — subsection 220.05(1)

9 For the purposes of subsection 220.05(1) of the Act, the amount of tax payable under that subsection by a person that brings, at a particular time, tangible personal property into a participating province from another province is determined by the formula

Marginal note:Non-taxable property — subsection 220.05(3)

10 For the purposes of paragraph 220.05(3)(b) of the Act, no tax is payable under subsection 220.05(1) of the Act in respect of property brought into a participating province by a person if

• (a) the property is supplied by the person to a recipient that paid tax under section 220.06 of the Act in respect of the supply and is delivered or made available to the recipient in the participating province or sent by mail or courier to an address in the participating province; or

• (b) the total of all amounts, each of which is an amount of tax that would, in the absence of this paragraph and paragraphs 11(b) and 15(b), become payable under Division IV.1 of Part IX of the Act by the person and in respect of which subsection 220.09(3) of the Act would not apply if that tax became payable by the person, is $25 or less in the calendar month that includes

  • (i) in the case of property that is a specified motor vehicle that the person is required to register under the laws of the participating province relating to the registration of motor vehicles, the day that is the earlier of the day on which the person registers the vehicle and the day on or before which the person is required to register the vehicle, and

  • (ii) in any other case, the day on which the property is brought into the participating province.

Marginal note:Non-taxable property — subsection 220.06(3)

11 For the purposes of paragraph 220.06(3)(b) of the Act, no tax is payable under subsection 220.06(1) of the Act in respect of a supply of property made to a recipient that is delivered or made available to the recipient in a participating province, or is sent by mail or courier to an address in the participating province, if

• (a) the supply is made by a person that paid tax under section 220.05 or 220.07 of the Act in respect of bringing the property into the participating province; or

• (b) the total of all amounts, each of which is an amount of tax that would, in the absence of this paragraph and paragraphs 10(b) and 15(b), become payable under Division IV.1 of Part IX of the Act by the recipient and in respect of which subsection 220.09(3) of the Act would not apply if that tax became payable by the recipient, is $25 or less in the calendar month that includes the day on which the property is delivered or made available to the recipient in the participating province.

Marginal note:Non-taxable property — restriction

12 For the purposes of paragraphs 220.05(3)(a) and 220.06(3)(a) of the Act, the following property is prescribed:

• (a) property that is brought into a participating province by a person after having been supplied to the person by another person in circumstances in which tax was payable in respect of the property by the person under subsection 165(2) or section 218.1 of the Act;

• (b) property that is brought into a participating province by a person after having been imported by the person in circumstances in which tax was payable under section 212.1 of the Act and the person was not entitled to a rebate of that tax under section 261.2 of the Act; and

• (c) property that is brought into a participating province by a person after having been used in, and removed from, a participating province by the person and in respect of which the person was not entitled to claim a rebate under section 261.1 of the Act.

Marginal note:Calculation of tax — subsection 220.08(1)

13 For the purposes of subsection 220.08(1) of the Act, the amount of tax payable under that subsection by a recipient of a taxable supply made in a particular province of intangible personal property or a service each time an amount of consideration for the supply becomes due, or is paid without having become due, is the total of all amounts, each of which is determined for a participating province by the formula

Marginal note:Non-taxable property and services — restriction

14 For the purposes of paragraph 220.08(3)(a) of the Act, a supply of a service rendered in connection with criminal, civil or administrative litigation outside the participating provinces, other than a service rendered before the commencement of such litigation, is a prescribed supply.

Marginal note:Non-taxable property and services — subsection 220.08(3)

15 For the purposes of paragraph 220.08(3)(b) of the Act, no tax is payable under subsection 220.08(1) of the Act in respect of an amount of consideration for a supply of property or a service made in a particular province to a person that becomes due, or is paid without having become due, at a particular time if

• (a) the extent to which the person acquired the property or service for consumption, use or supply in participating provinces that, at the particular time, have a tax rate that is greater than the provincial rate for the particular province is less than 10%; or

• (b) the total of all amounts, each of which is an amount of tax that would, in the absence of this paragraph and paragraphs 10(b) and 11(b), become payable under Division IV.1 of Part IX of the Act by the person and in respect of which subsection 220.09(3) of the Act would not apply if that tax became payable by the person, is $25 or less in the calendar month that includes the particular time.

DIVISION 4Rebates in Respect of Property and Services Removed from a Participating Province

Marginal note:Conditions for rebate — subsection 261.1(1)

16 For the purpose of determining if a rebate is payable under subsection 261.1(1) of the Act to a person that is the recipient of a supply of property made in a participating province that removes the property from the participating province to another province, the following conditions are prescribed:

• (a) the property is acquired for consumption, use or supply exclusively outside the participating province;

• (b) if the person is a consumer of the property and the property is not a specified motor vehicle, the person is resident in the other province; and

• (c) the person pays all provincial levies, if any, that are payable by the person in respect of the property and that are prescribed for the purposes of section 154 of the Act.

Marginal note:Calculation of rebate — subsection 261.1(1)

17 For the purposes of subsection 261.1(1) of the Act, the amount of a rebate payable under that subsection to a person that is a recipient of a supply of property made in a participating province that removes the property from the participating province to another province is determined by the formula

Marginal note:Conditions for rebate — section 261.2

18 For the purposes of section 261.2 of the Act, a prescribed condition is payment by the person of all provincial levies, if any, that are payable by the person in respect of the property and that are prescribed for the purposes of section 154 of the Act.

Marginal note:Calculation of rebate — section 261.2

19 For the purposes of section 261.2 of the Act, the amount of a rebate payable under that section to the person that imports property for consumption or use exclusively in a province is determined by the formula

Marginal note:Conditions for rebate — subsection 261.3(1)

20 For the purposes of subsection 261.3(1) of the Act, a rebate is only payable to a person under that subsection in respect of a supply of intangible personal property or a service made in a participating province if

• (a) an amount of tax becomes payable, at a particular time, under subsection 165(2) of the Act by the person in respect of the supply calculated on an amount of consideration for the supply; and

• (b) the extent to which the person acquired the property or service for consumption, use or supply elsewhere than in participating provinces that, at the particular time, have a tax rate that is greater than, or equal to, the tax rate for the participating province is 10% or more.

Marginal note:Calculation of rebate — subsection 261.3(1)

21 For the purposes of subsection 261.3(1) of the Act, the amount of a rebate payable under that subsection to a person that is the recipient of a supply made in a particular participating province of intangible personal property or a service is determined by the formula

Marginal note:Restrictions on rebates

22 For the purposes of paragraph 261.4(d) of the Act, the following are prescribed circumstances:

• (a) in the case of a rebate under section 261.1 or 261.3 of the Act, the rebate is substantiated by a receipt that includes tax of at least $5 and the person is otherwise eligible for a rebate under that section of that tax; and

• (b) the total of all amounts, each of which is an amount of a rebate for which the person is otherwise eligible under any of sections 261.1 to 261.3 of the Act and in respect of which the rebate application is made, is at least $25.

DIVISION 5Non-taxable Property and Services

Marginal note:Non-taxable property

23 For the purposes of section 23 of Part I of Schedule X to the Act, the following property is prescribed:

• (a) property that would be non-taxable property under section 6 of Part I of Schedule X to the Act if

  • (i) the reference to “non-participating province” were read as a reference to “participating province”,

  • (ii) the reference to “a participating province” were read as a reference to “another participating province”,

  • (iii) the reference to “who is not resident in the participating provinces” were read as a reference to “who is resident in a participating province”, and

  • (iv) the reference to “that participating province” were read as a reference to “the particular participating province”;

• (b) property that is given as a gift or bequest to an individual who is resident in a participating province and that is brought into a participating province, if the property is

  • (i) personal and household effects of an individual who died in a participating province and was, at the time of death, resident in a participating province, or

  • (ii) personal and household effects received, by an individual who is resident in a participating province, as a result or in anticipation of the death of an individual who was resident in a participating province;

• (c) medals, trophies and other prizes, not including usual merchantable goods, that are won in a participating province in competitions, that are bestowed, received or accepted in a participating province or that are donated by persons in a participating province, for heroic deeds, valour or distinction;

• (d) property that is brought into a participating province at a particular time by a person after having been acquired in, or brought into, a particular participating province by the person at another time in circumstances in which tax was payable by the person under subsection 165(2) or 218.1(1) of the Act or Division IV.1 of Part IX of the Act if

  • (i) the rate at which that tax was calculated is greater than, or equal to, the tax rate for the participating province at the particular time,

  • (ii) the person was not entitled to a rebate of any part of that tax under section 261.1 of the Act, and

  • (iii) the property was not a specified item in respect of the particular participating province at the other time;

• (e) property that a person brings at any time into a participating province and that at that time is being supplied in a participating province to the person by way of lease, licence or similar arrangement under which continuous possession or use of the property is provided for a period of more than three months and in circumstances in which tax under subsection 165(1) of the Act is payable by the person in respect of that supply;

• (f) property that is brought into a participating province at a particular time by a person after having been imported by the person at another time in circumstances in which tax was imposed under subsection 212.1(2) of the Act at the tax rate for a particular participating province if

  • (i) the rate at which that tax was calculated is greater than, or equal to, the tax rate for the participating province at the particular time,

  • (ii) the person was not entitled to a rebate of any part of that tax under section 261.2 of the Act, and

  • (iii) the property was not a specified item in respect of the particular participating province at the other time;

• (g) property that is brought into a participating province at a particular time by a person after having been, at any time, used and, at another time, removed from, any participating province (in this paragraph referred to as the “specified province”) by the person if

  • (i) the tax rate for the specified province at the other time is greater than, or equal to, the tax rate for the participating province at the particular time,

  • (ii) where tax was payable by the person under subsection 165(2) of the Act in respect of a supply of the property to the person made in the specified province, the person was not entitled to a rebate of any part of that tax under section 261.1 of the Act, and

  • (iii) the property was not a specified item in respect of the specified province at the other time; and

• (h) a specified motor vehicle that is brought into a participating province by a person after having been supplied to the person by way of sale in a participating province in circumstances in which tax was not payable under subsection 165(1) of the Act in respect of the supply.

Marginal note:Non-taxable property and services

24 For the purposes of section 7 of Part II of Schedule X to the Act, a supply of a service (other than a custodial or nominee service in respect of securities or precious metals of the recipient of the supply) that is in respect of tangible personal property and that is acquired by the recipient of the supply in any circumstances is a prescribed supply if the tangible personal property is removed from a particular participating province to another participating province as soon after the service is performed as is reasonable having regard to the circumstances surrounding the removal and is not consumed, used or supplied in the particular participating province after the service is performed and before the removal of the property.

Marginal note:Non-taxable property and services

25 For the purposes of section 7 of Part II of Schedule X to the Act, a supply of a service rendered in connection with criminal, civil or administrative litigation (other than a service rendered before the commencement of such litigation) that is under the jurisdiction of a court or other tribunal established under the laws of a province, or that is in the nature of an appeal from a decision of a court or other tribunal established under the laws of a province, and that is acquired by the recipient of the supply in any circumstances is a prescribed supply.

PART 6Recapture of Specified Provincial Input Tax Credits

DIVISION 1Interpretation

Marginal note:Definitions

26 The following definitions apply in this Part.

farming

agriculture

farming has the meaning assigned by subsection 248(1) of the Income Tax Act. (agriculture)

eligible roadway

voie admissible

eligible roadway means a road, highway, bridge, tunnel or ferry landing that is for the passage of vehicles, but does not include a dedicated parking area, an airport runway, a shipyard, a driveway or a bicycle or pedestrian pathway. (voie admissible)

industry classification system

système de classification des industries

industry classification system means the North American Industry Classification System as it read on July 1, 2010. (système de classification des industries)

instalment period

période d’acomptes

instalment period means any period beginning on the first day of the fourth fiscal month of a fiscal year of a person and ending on the last day of the third fiscal month of the immediately following fiscal year of the person. (période d’acomptes)

motor vehicle

véhicule automobile

motor vehicle means a motorized vehicle designed for the transportation of individuals or of tangible personal property, but does not include

• (a) a power-assisted bicycle;

• (b) a snow vehicle;

• (c) an all-terrain vehicle;

• (c) an electrically propelled wheelchair;

• (d) a street car;

• (e) a vehicle that runs only on rails; or

• (f) a farm tractor, or other farm machinery, acquired, or brought into a province, exclusively for use in farming activities. (véhicule automobile)

production

production

production means an activity (other than the assembling, processing or manufacturing of tangible personal property in a retail establishment or the storage of finished products) that is

• (a) the assembling, processing or manufacturing of particular tangible personal property to create other tangible personal property that is different in nature or character from the particular tangible personal property;

• (b) the generation of any form of energy or its transformation into another form of energy;

• (c) the restoring of tangible personal property by its owner;

• (d) the recording of images or sound on media;

• (e) the cutting, transforming and handling of timber in a forest and the building and maintenance of forest access roads in the course of those activities;

• (f) the extraction and processing of a mineral until the first stage of concentration or the equivalent;

• (g) the transformation of toxic industrial waste into a non-toxic product; and

• (h) if performed in conjunction with an activity referred to in any of paragraphs (a) to (g) by the same person that performed that activity,

  • (i) the detection, measurement, treatment, reduction or elimination of water, soil or air pollutants that are attributable to producing personal property,

  • (ii) the transportation of refuse or waste derived from producing personal property,

  • (iii) the quality control of personal property being produced or of production equipment, and

  • (iv) the cleaning, screening, sifting, wrapping, packing or putting into containers of property. (production)

production equipment

matériel de production

production equipment means

• (a) machinery, tools, equipment and accessories;

• (b) moulds and dies;

• (c) media for recording images or sounds;

• (d) plans, drawings, models and prototypes;

• (e) components or spare parts of the property described in paragraphs (a) to (d);

• (f) material used to produce or repair the property described in paragraphs (a) to (e); and

• (g) explosives and the material used to manufacture them. (matériel de production)

qualifying motor vehicle

véhicule automobile admissible

qualifying motor vehicle means a motor vehicle acquired in, or brought into, a specified province that is licensed, or required to be licensed, for use on a public highway under the laws of the specified province relating to the licensing of motor vehicles and that weighs, while carrying its maximum capacity of fuel, lubricant and coolant, less than 3,000 kilograms at the time when the vehicle is first licensed, or first required to be licensed, under those laws. (véhicule automobile admissible)

recapture period

période de récupération

recapture period means any period of 12 calendar months that

• (a) begins on July 1 of a calendar year; and

• (b) occurs between July 1, 2010 and June 30, 2018. (période de récupération)

recapture rate

taux de récupération

recapture rate applicable at any time means

• (a) in the case of a time that is on or after July 1, 2010 and before July 1, 2015, 100%;

• (b) in the case of a time that is on or after July 1, 2015 and before July 1, 2016, 75%;

• (c) in the case of a time that is on or after July 1, 2016 and before July 1, 2017, 50%;

• (d) in the case of a time that is on or after July 1, 2017 and before July 1, 2018, 25%; and

• (e) in the case of a time that is on or after July 1, 2018, 0%. (taux de récupération)

specified energy

forme d’énergie déterminée

specified energy means

• (a) electricity, gas and steam; and

• (b) anything (other than fuel for use in a propulsion engine) that can be used to generate energy

  • (i) by way of combustion or oxidization, or

  • (ii) by undergoing a nuclear reaction in a reactor for the generation of energy. (forme d’énergie déterminée)

specified province

province déterminée

specified province means Ontario or British Columbia. (province déterminée)

DIVISION 2Prescribed Persons

Marginal note:Large business

• 27 (1) For the purposes of the definition large business in subsection 236.01(1) of the Act, a person is a prescribed person for a recapture period if the person is a registrant whose recapture input tax credit threshold amount in respect of the recapture period exceeds $10,000,000.

• Marginal note:Large business

  (2) For the purposes of the definition large business in subsection 236.01(1) of the Act, a person is a prescribed person at any time if, at that time, the person is a registrant that is

  • (a) a bank;

  • (b) a corporation licensed or otherwise authorized under the laws of Canada or of a province to carry on in Canada the business of offering to the public its services as a trustee;

  • (c) a credit union;

  • (d) an insurer or any other person whose principal business is providing insurance under insurance policies;

  • (e) a segregated fund of an insurer;

  • (f) an investment plan (as defined in subsection 149(5) of the Act);

  • (g) the Canada Deposit Insurance Corporation; or

  • (h) a person related to a person described in any of paragraphs (a) to (f).

• Marginal note:Recapture input tax credit threshold amount

  (3) For the purposes of this section, the recapture input tax credit threshold amount of a particular person in respect of a recapture period is equal to the total of

  • (a) the amount determined by the formula

    A × (365/B)

    where

    A

    is the total of all consideration (other than consideration referred to in section 167.1 of the Act that is attributable to goodwill of a business) that became due to the particular person in the last fiscal year (in this subsection referred to as the “base year”) of the particular person ending before the first day of the recapture period, or that was paid to the particular person in the base year without having become due, for taxable supplies (other than supplies of financial services and supplies by way of sale of real property that is capital property of the particular person) made in Canada, or made outside Canada through a permanent establishment in Canada, by the particular person, and

    B

    is the number of days in the base year,

  • (b) the total of all amounts, each of which is determined, in respect of a person (in this paragraph referred to as the “associate”) that is associated with the particular person at the end of the base year, by the formula

    C × (365/D)

    where

    C

    is the total of all consideration (other than consideration referred to in section 167.1 of the Act that is attributable to goodwill of a business) that became due to the associate in the last fiscal year of the associate ending before the first day of the recapture period, or that was paid to the associate in that fiscal year without having become due, for taxable supplies (other than supplies of financial services and supplies by way of sale of real property that is capital property of the associate) made in Canada, or made outside Canada through a permanent establishment in Canada, by the associate, and

    D

    is the number of days in the last fiscal year of the associate ending before the first day of the recapture period, and

  • (c) the total of all amounts, each of which is determined, in respect of a person (in this paragraph referred to as the “vendor”) that makes a supply of a business to the particular person if, under the agreement for the supply, the particular person acquires, at any time during the 12-month period immediately preceding the recapture period, ownership, possession or use of all or substantially all of the property that can reasonably be regarded as being necessary for the particular person to be capable of carrying on the business and the vendor would, in the absence of paragraph (b), have a recapture input tax credit threshold amount exceeding $10,000,000 in respect of the particular recapture period that includes that time, by the formula

    (E/F) × (365 - G)

    where

    E

    is the total of all consideration (other than consideration referred to in section 167.1 of the Act that is attributable to goodwill of a business) for taxable supplies (other than supplies of financial services and supplies by way of sale of real property that is capital property of the particular person) made in Canada, or made outside Canada through a permanent establishment in Canada, by the particular person that became due to the particular person during the 12-month period immediately preceding the recapture period or that was paid to the particular person in that 12-month period without having become due, in relation to the business acquired by the particular person,

    F

    is the number of days in the 12-month period immediately preceding the recapture period that are after that time, and

    G

    is the number of days in the 12-month period immediately preceding the recapture period that are after that time and that are in the base year.

• Marginal note:Consideration

  (4) For the purposes of subsection (3), consideration for a supply of property or a service includes

  • (a) any amount that would, in the absence of subsection 153(4) of the Act, be included in the consideration for the supply;

  • (b) any amount that would, in the absence of subsection 156(2) of the Act, be consideration for the supply; and

  • (c) if the supply is made between persons not dealing at arm’s length, any amount by which the consideration is less than the fair market value of the property or service at the time the supply is made.

• Marginal note:Large business — partnership

  (5) If a member (other than an individual) of a partnership acquires property or a service, or brings it into a specified province, for consumption, use or supply in respect of the activities of the partnership but not on the account of the partnership and the partnership is a large business, for the purposes of the definition large business in subsection 236.01(1) of the Act, the member is a prescribed person at any time in respect of that acquisition or bringing in if, at that time, the member is a registrant.

• Marginal note:Large business — joint venture

  (6) If an operator (within the meaning of subsection 273(1) of the Act) that is a participant in a joint venture with a large business under an agreement referred to in that subsection acquires property or a service, or brings it into a specified province, under the agreement on behalf of the large business in the course of the activities for which the agreement was entered into and, at the time of the acquisition or bringing in, an election under subsection 273(1) of the Act made by the operator and the large business is in effect, for the purposes of the definition large business in subsection 236.01(1) of the Act, the operator is a prescribed person at any time in respect of that acquisition or bringing in.

• Marginal note:Large business — acquisition of control

  (7) If, at any time in a recapture period, a person that is a large business acquires control of a corporation that is not a large business, the corporation and any persons associated with the corporation are, for the period beginning at that time and ending on the last day of the recapture period that includes the last day of the fiscal year of the corporation that includes that time, prescribed persons for the purposes of the definition large business in subsection 236.01(1) of the Act.

• Marginal note:Large business — amalgamation

  (8) If, at any time in a recapture period, two or more corporations (each of which is referred to in this subsection as a “predecessor”) are merged or amalgamated to form one corporation (in this subsection referred to as the “new corporation”) and the sum of the recapture input tax credit threshold amounts of the predecessors in respect of the recapture period exceeds $10,000,000, the new corporation is, for the period beginning at that time and ending on the last day of the recapture period that includes the last day of the first fiscal year of the new corporation, a prescribed person for the purposes of the definition large business in subsection 236.01(1) of the Act.

• Marginal note:Large business — acquisition of a business

  (9) If a person makes, at any time in a recapture period, a supply of a business to another person that is not a large business, the person would, in the absence of paragraph (3)(b), have a recapture input tax credit threshold amount in respect of the recapture period exceeding $10,000,000, the other person is acquiring, under the agreement for the supply, ownership, possession or use of all or substantially all of the property that can reasonably be regarded as being necessary for the other person to be capable of carrying on the business and, after that time, the business is carried on by the other person, for the purposes of the definition large business in subsection 236.01(1) of the Act, the other person is a prescribed person for the period beginning on the earlier of the day that the other person begins to carry on the business and the day on which the other person acquires ownership, possession or use of all or substantially all of the property that can reasonably be regarded as being necessary for the other person to be capable of carrying on the business and ending on the last day of the recapture period.

• Marginal note:Large business — becoming a registrant

  (10) If, at any time in a recapture period, a person becomes a registrant and the recapture input tax credit threshold amount of the person or of another person that is associated with the person at that time exceeds $10,000,000 in respect of the recapture period, for the purposes of the definition large business in subsection 236.01(1) of the Act, the person is a prescribed person for the period beginning at that time and ending on the last day of the recapture period.

• Marginal note:Ceasing to be a large business — addition

  (11) For the purposes of the definition large business in subsection 236.01(1) of the Act, a person is a prescribed person at the time prescribed by section 30 or 32 in respect of a specified provincial input tax credit of the person in respect of a qualifying motor vehicle in respect of which paragraph 30(a) or section 32 applies or of property or a service described in paragraph 28(1)(h) if the person ceased to be a large business

  • (a) before that time; and

  • (b) after

    • (i) in the case of a qualifying motor vehicle in respect of which paragraph 30(a) applies or in the case of property or a service described in paragraph 28(1)(h), the time that would, in the absence of paragraphs 30(a) and (b), be the time prescribed by section 30 in respect of the specified provincial input tax credit, and

    • (ii) in the case of a qualifying motor vehicle in respect of which section 32 applies, the time when the person first uses the qualifying motor vehicle otherwise than exclusively for the purpose referred to in subparagraph 28(2)(g)(i).

• Marginal note:Ceasing to be a large business — deduction

  (12) For the purposes of the definition large business in subsection 236.01(1) of the Act, a person is a prescribed person at the time prescribed by section 33 in respect of a qualifying motor vehicle if the person ceased to be a large business

  • (a) before that time; and

  • (b) after the end of the reporting period in which the person was required to add an amount to its net tax for the reporting period as a consequence of subsection 31(2) in respect of a specified provincial input tax credit of the person in respect of the qualifying motor vehicle.

• Marginal note:Large business — exclusion

  (13) Despite subsections (1) to (10), for the purposes of the definition large business in subsection 236.01(1) of the Act, a person is not a prescribed person at any time if, at that time, the person is

  • (a) a public service body;

  • (b) a selected listed financial institution;

  • (c) an entity of the government of Canada that is not listed in Schedule I of the Federal Provincial Fiscal Arrangements Act;

  • (d) a department (as defined in section 2 of the Financial Administration Act); or

  • (e) an entity of the government of a province that is eligible, pursuant to a provision of a sales tax harmonization agreement with that province, for a rebate of tax paid under Part IX of the Act.

DIVISION 3Prescribed Property or Service

Marginal note:Specified property or service

• 28 (1) For the purposes of the definition specified property or service in subsection 236.01(1) of the Act, the following property and services are prescribed:

  • (a) a qualifying motor vehicle that is acquired in, or brought into, a specified province;

  • (b) motive fuel, other than diesel fuel, that is acquired in, or brought into, Ontario for consumption or use in the engine of a qualifying motor vehicle;

  • (c) property (other than property for maintenance or repair) that is acquired in, or brought into, a specified province by a person in respect of a qualifying motor vehicle acquired in, or brought into, a specified province by the person if the acquisition or bringing in of the property occurs within 365 days of the acquisition or bringing in of the qualifying motor vehicle;

  • (d) a service (other than a service for maintenance or repair) that is acquired for consumption or use in a specified province in respect of a qualifying motor vehicle acquired in, or brought into, a specified province by a person if the acquisition of the service occurs within 365 days of the acquisition or bringing in of the qualifying motor vehicle;

  • (e) specified energy that is acquired in, or brought into, a specified province;

  • (f) a service described in paragraph (a) of the definition telecommunication service in subsection 123(1) of the Act if the service is acquired for consumption or use in a specified province;

  • (g) access to a telecommunications circuit, line, frequency, channel or partial channel, or to other similar means of transmitting a telecommunication (but not including a satellite channel), for use in providing a service described in paragraph (a) of the definition telecommunication service in subsection 123(1) of the Act if the access is acquired for consumption or use in a specified province; and

  • (h) food, beverages or entertainment acquired in a specified province and in respect of which subsection 67.1(1) of the Income Tax Act applies or would apply if the person were a taxpayer under that Act.

• Marginal note:Specified property or service — exclusion

  (2) Despite subsection (1), for the purposes of the definition specified property or service in subsection 236.01(1) of the Act, property or a service referred to in any of paragraphs (1)(a) to (h) is not a prescribed property or service if the property or service is

  • (a) specified energy acquired in, or brought into, a specified province for consumption or use exclusively in the heating of asphalt to be used directly in the construction or maintenance of an eligible roadway;

  • (b) property or a service described in any of paragraphs (1)(e) to (g) acquired in, or brought into, a specified province by the organizer or sponsor of a convention for consumption or use exclusively at the convention;

  • (c) a 1-800, 1-866, 1-877 or 1-888 telephone service or a similar toll free telephone service or a service described in paragraph (1)(f) or (g) that is related to a 1-800, 1-866, 1-877 or 1-888 telephone service or a similar toll free telephone service;

  • (d) access to the Internet;

  • (e) a web-hosting service;

  • (f) a taxi the operation and custody of which is entrusted to a person by the holder of a taxi permit for the taxi; or

  • (g) property or service acquired in, or brought into, a specified province exclusively for the purpose of

    • (i) being supplied by a person,

    • (ii) becoming a component of tangible personal property that is to be supplied by a person, or

    • (iii) in the case of property or a service described in paragraph (1)(f) or (g) acquired by a person operating a telecommunication service, being used directly and solely in the making of a taxable supply of a telecommunication service by the person.

DIVISION 4Prescribed Amount, Conditions and Circumstances

Marginal note:Specified provincial input tax credit

• 29 (1) For the purposes of paragraph (b) of the definition specified provincial input tax credit in subsection 236.01(1) of the Act, a prescribed amount in respect of an amount that would be an input tax credit of a person in respect of a specified property or service attributable to tax under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act is all of the amount that would be such an input tax credit if

  • (a) in the case where the specified property or service is acquired, or brought into a specified province, by the person for consumption, use or supply exclusively in the course of commercial activities and, as a result of the consumption, use or supply exclusively in the course of commercial activities, no tax under section 218.1 of the Act or Division IV.1 of Part IX of the Act is payable in respect of the acquisition or bringing in, tax under that section or that Division had been payable in respect of the acquisition or bringing in;

  • (b) in the case of a supply of the specified property or service deemed under subsection 143(1) of the Act to have been made outside Canada, the supply had not been deemed to have been made outside Canada;

  • (c) in the case of a supply of the specified property or service that is deemed under Part IX of the Act to have been made for nil consideration, the supply had not been deemed to have been made for nil consideration;

  • (d) in the case of a supply of the specified property or service that is deemed under paragraph 273(1)(c) of the Act not to be a supply, the supply had not been deemed not to be a supply; and

  • (e) in the case where the specified property or service is supplied to the person in a specified province or brought into a specified province by the person and is an item included in the Schedule to the Deduction for Provincial Rebate (GST/HST) Regulations applicable to the specified province in respect of which an amount may be paid or credited under an Act of the legislature of the specified province, the specified property or service were not an item included in that Schedule.

• Marginal note:Specified provincial input tax credit

  (2) If, at any time, a person brings tangible personal property into a specified province from a participating province and, as a consequence of that bringing in, the tangible personal property becomes a specified property or service at that time, for the purposes of paragraph (b) of the definition specified provincial input tax credit in subsection 236.01(1) of the Act, a prescribed amount in respect of an amount that would be an input tax credit of the person in respect of the tangible personal property attributable to tax under subsection 165(2) of the Act is equal to the amount determined by the formula

  A - B

  where

  A

  is the amount that would be such an input tax credit if

  • (a) a taxable supply (other than a zero rated supply) of the tangible personal property were made in the specified province to the person at that time,

  • (b) the consideration for the supply were equal to the value, determined under the description of B in section 9, in respect of the tangible personal property at that time,

  • (c) the tangible personal property were not an item included in the Schedule to the Deduction for Provincial Rebate (GST/HST) Regulations applicable to the specified province in respect of which an amount may be paid or credited under an Act of the legislature of the specified province, and

  • (d) tax in respect of the supply calculated on that consideration were paid by the person at that time; and

  B

  is the amount, if any, that is a specified provincial input tax credit of the person attributable to tax under Division IV.1 of Part IX of the Act in respect of that bringing in.

DIVISION 5Addition to Net Tax — Prescribed Time

Marginal note:Prescribed time

30 If a person acquires or imports a specified property or service or brings it into a specified province and tax under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act in respect of the supply, importation or bringing in becomes payable by the person, is paid by the person without having become payable or would have become payable by the person if the rules described in paragraphs 29(1)(a) to (e) applied in respect of that supply, importation or bringing in or if subsection 29(2) applied in respect of that bringing in, for the purposes of subsection 236.01(2) of the Act, the prescribed time in respect of a specified provincial input tax credit of the person in respect of the specified property or service is

• (a) if the specified property or service is a qualifying motor vehicle the supply of which is made under a lease and the person is required, in accordance with subsection 235(1) of the Act, to add an amount representing all or part of that tax in determining the net tax for a reporting period of the person, the last day of the appropriate reporting period determined under subsection 235(2) of the Act;

• (b) if the specified property or service is food, beverages or entertainment and the person is required, in accordance with subsection 236(1) of the Act, to add an amount representing all or part of that tax in determining the net tax for a reporting period of the person, the last day of the appropriate reporting period determined under subsection 236(1.1) of the Act;

• (c) in the case where that tax would have only become payable by the person if the rules described in paragraphs 29(1)(a) to (e) applied in respect of that supply, importation or bringing in or if subsection 29(2) applied in respect of that bringing in, the day on which that tax would have become payable by the person; and

• (d) in any other case, the earlier of

  • (i) the day on which that tax becomes payable by the person, and

  • (ii) the later of

    • (A) the day on which that tax is paid by the person, and

    • (B) July 1, 2010.

DIVISION 6Addition to Net Tax — Prescribed Manner

General Rules

Marginal note:Definitions

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

  selected person

  personne désignée

  selected person means a person that is not

  • (a) a financial institution;

  • (b) a hotel, bar, coffee shop or restaurant;

  • (c) an auto repair shop; or

  • (d) a scrap metal dealer. (personne désignée)

  specified production energy

  énergie déterminée pour la production

  specified production energy means the part of specified energy acquired in, or brought into, a specified province by a selected person for consumption or use by the selected person in the production of tangible personal property intended for sale or in the production of production equipment used to produce such tangible personal property, but does not include the part of the specified energy acquired in, or brought into, the specified province for consumption or use by the selected person in equipment for the air conditioning, lighting, heating or ventilating of the production premises or in other equipment if that consumption or use is not integral to that production. (énergie déterminée pour la production)

  specified research energy

  énergie déterminée pour la recherche

  specified research energy means

  • (a) in the case of specified energy acquired in or brought into Ontario by a person, the part of the specified energy for consumption or use by the person in the course of activities in Ontario that are eligible scientific research and experimental development activities for the purposes of the Taxation Act, 2007, S.O. 2007, c. 11, Sch. A, and in respect of which the person deducts an amount in computing the person’s tax payable under that Act; or

  • (b) in the case of specified energy acquired in or brought into British Columbia by a person, the part of the specified energy for consumption or use by the person in the course of activities in British Columbia that are eligible scientific research and experimental development activities for the purposes of the Income Tax Act, R.S.B.C. 1996, c. 215, and in respect of which the person deducts an amount in computing the person’s tax payable under that Act. (énergie déterminée pour la recherche)

  specified salary and wages

  rémunération déterminée

  specified salary and wages of an employee means any salary, wages and other remuneration of the employee and any other amount that is, or is to be, included as income from an office or employment in computing the income of the employee for the purposes of the Income Tax Act. (rémunération déterminée)

• Marginal note:Qualifying motor vehicles and related property or services

  (2) If, at any time during a reporting period of a person, the person is a large business and the particular time prescribed by section 30 in respect of a specified provincial input tax credit of the person in respect of a specified property or service described in any of paragraphs 28(1)(a) to (d) is in the reporting period, for the purposes of subsection 236.01(2) of the Act, the amount to be added to the net tax of the person for the reporting period in respect of the specified provincial input tax credit is determined by the formula

  A × B

  where

  A

  is

  • (a) if the specified property or service is a qualifying motor vehicle in respect of which paragraph 30(a) applies and the person is a large business at the time that would, in the absence of that paragraph, be the time prescribed by section 30 in respect of the specified provincial input tax credit, the specified provincial input tax credit,

  • (b) if the specified property or service is property or a service other than a qualifying motor vehicle in respect of which paragraph 30(a) applies and the person is a large business at the particular time, the specified provincial input tax credit, and

  • (c) in any other case, zero; and

  B

  is

  • (a) if the specified property or service is a qualifying motor vehicle in respect of which paragraph 30(a) applies, the recapture rate applicable at the time that would, in the absence of that paragraph, be the time prescribed by section 30 in respect of the specified provincial input tax credit, and

  • (b) in any other case, the recapture rate applicable at the particular time.

• Marginal note:Specified energy

  (3) If, at any time during a reporting period of a person, the person is a large business, the particular time prescribed by section 30 in respect of a specified provincial input tax credit of the person in respect of specified energy is in the reporting period and the person is a large business at the particular time, for the purposes of subsection 236.01(2) of the Act, the amount to be added to the net tax of the person for the reporting period in respect of the specified provincial input tax credit is determined by the formula

  A × B

  where

  A

  is

  • (a) if an election is made by the person under subsection (7) for the recapture period that includes the particular time and an election made by the person under subsection (8) is in effect at the particular time, the amount determined by the formula

    C × D × E

    where

    C

    is the specified provincial input tax credit,

    D

    is the percentage determined by the formula

    F/G

    where

    F

    is

    • (i) in the case of specified energy acquired in or brought into Ontario, the total of the specified salary and wages of each employee of the person that are paid by the person in the second last taxation year of the person immediately preceding the reporting period for anything done by the employee in the course of, or in relation to, the office or employment of the employee in Ontario to the extent that it can reasonably be considered that those specified salary and wages are not attributable to the direct engagement by the employee in activities that are eligible scientific research and experimental development activities for the purposes of the Taxation Act, 2007, S.O. 2007, c. 11, Sch. A, or

    • (ii) in the case of specified energy acquired in or brought into British Columbia, the total of the specified salary and wages of each employee of the person that are paid by the person in the second last taxation year of the person immediately preceding the reporting period for anything done by the employee in the course of, or in relation to, the office or employment of the employee in British Columbia to the extent that it can reasonably be considered that those specified salary and wages are not attributable to the direct engagement by the employee in activities that are eligible scientific research and experimental development activities for the purposes of the Income Tax Act, R.S.B.C. 1996, c. 215, and

    G

    is the total of the specified salary and wages of each employee of the person that are paid by the person in the second last taxation year of the person immediately preceding the reporting period for anything done by the employee in the course of, or in relation to, the office or employment of the employee in the specified province where the specified energy was acquired or brought into, and

    E

    is

    • (i) if the specified provincial input tax credit is in respect of specified energy acquired in or brought into Ontario, the production carried on by the person in Canada during the last fiscal year of the person immediately preceding the reporting period is carried on primarily in Ontario and the most significant business activity of the person carried on in Canada in that fiscal year is described in the industry classification system under the code

      • (A) 113, 211, 212, 322, 324, 325, 327 or 331, 4%,

      • (B) 311, 312, 313, 314, 321, 326 or 332, 13%, or

      • (C) 315, 316, 323, 333, 334, 335, 336, 337 or 339, 30%,

    • (ii) if the specified provincial input tax credit is in respect of specified energy acquired in or brought into British Columbia, of all the production carried on by the person in Canada during the last fiscal year of the person immediately preceding the reporting period, at least 10% is carried on in British Columbia and the most significant business activity of the person carried on in Canada in that fiscal year is described in the industry classification system under the code

      • (A) 113, 211, 212, 322, 324, 325, 327 or 331, 4%,

      • (B) 311, 312, 313, 314, 321, 326 or 332, 13%, or

      • (C) 315, 316, 323, 333, 334, 335, 336, 337 or 339, 30%, and

    • (iii) in any other case, the percentage determined by the formula

      H/I

      where

      H

      is the amount that would be the specified provincial input tax credit in respect of the specified energy if the specified energy did not include specified production energy and specified research energy, and

      I

      is the amount that would be the specified provincial input tax credit in respect of the specified energy if the specified energy did not include specified research energy,

  • (b) if an election made by the person under subsection (8) is in effect at the particular time and no election is made by the person under subsection (7) for the recapture period that includes the particular time, the amount determined by the formula

    J × K

    where

    J

    is the amount that would be the specified provincial input tax credit in respect of the specified energy if the specified energy did not include specified research energy, and

    K

    is

    • (i) if the specified provincial input tax credit is in respect of specified energy acquired in or brought into Ontario, the production carried on by the person in Canada during the last fiscal year of the person immediately preceding the reporting period is carried on primarily in Ontario and the most significant business activity of the person carried on in Canada in that fiscal year is described in the industry classification system under the code

      • (A) 113, 211, 212, 322, 324, 325, 327 or 331, 4%,

      • (B) 311, 312, 313, 314, 321, 326 or 332, 13%, or

      • (C) 315, 316, 323, 333, 334, 335, 336, 337 or 339, 30%,

    • (ii) if the specified provincial input tax credit is in respect of specified energy acquired in or brought into British Columbia, of all the production carried on by the person in Canada during the last fiscal year of the person immediately preceding the reporting period, at least 10% is carried on in British Columbia and the most significant business activity of the person carried on in Canada in that fiscal year is described in the industry classification system under the code

      • (A) 113, 211, 212, 322, 324, 325, 327 or 331, 4%,

      • (B) 311, 312, 313, 314, 321, 326 or 332, 13%, or

      • (C) 315, 316, 323, 333, 334, 335, 336, 337 or 339, 30%, and

    • (iii) in any other case, the percentage determined by the formula

      L/M

      where

      L

      is the amount that would be the specified provincial input tax credit in respect of the specified energy if the specified energy did not include specified production energy and specified research energy, and

      M

      is the amount that would be the specified provincial input tax credit in respect of the specified energy if the specified energy did not include specified research energy,

  • (c) if an election is made by the person under subsection (7) for the recapture period that includes the particular time and no election by the person under subsection (8) is in effect at the particular time, the amount determined by the formula

    N × O

    where

    N

    is the amount that would be the specified provincial input tax credit in respect of the specified energy if the specified energy did not include specified production energy, and

    O

    is the percentage determined by the formula

    P/Q

    where

    P

    is

    • (i) in the case of specified energy acquired in or brought into Ontario, the total of the specified salary and wages of each employee of the person that are paid by the person in the second last taxation year of the person immediately preceding the reporting period for anything done by the employee in the course of, or in relation to, the office or employment of the employee in Ontario to the extent that it can reasonably be considered that those specified salary and wages are not attributable to the direct engagement by the employee in activities that are eligible scientific research and experimental development activities for the purposes of the Taxation Act, 2007, S.O. 2007, c. 11, Sch. A, or

    • (ii) in the case of specified energy acquired in or brought into British Columbia, the total of the specified salary and wages of each employee of the person that are paid by the person in the second last taxation year of the person immediately preceding the reporting period for anything done by the employee in the course of, or in relation to, the office or employment of the employee in British Columbia to the extent that it can reasonably be considered that those specified salary and wages are not attributable to the direct engagement by the employee in activities that are eligible scientific research and experimental development activities for the purposes of the Income Tax Act, R.S.B.C. 1996, c. 215, and

    Q

    is the total of the specified salary and wages of each employee of the person that are paid by the person in the second last taxation year of the person immediately preceding the reporting period for anything done by the employee in the course of, or in relation to, the office or employment of the employee in the specified province where the specified energy was acquired or brought into, and

  • (d) in any other case, the amount that would be the specified provincial input tax credit in respect of the specified energy if the specified energy did not include specified production energy and specified research energy; and

  B

  is the recapture rate applicable at the particular time.

• Marginal note:Telecommunications

  (4) If, at any time during a reporting period of a person, the person is a large business, the particular time prescribed by section 30 in respect of a specified provincial input tax credit of the person in respect of a specified property or service described in paragraph 28(1)(f) or (g) is in the reporting period and the person is a large business at the particular time, for the purposes of subsection 236.01(2) of the Act, the amount to be added to the net tax of the person for the reporting period in respect of the specified provincial input tax credit is determined by the formula

  A × B

  where

  A

  is 100% of the specified provincial input tax credit, except that the person may, if the specified property or service is provided to the person together with other property or services that are not a specified property or service (each of which is in this subsection referred to as an “element”) and the consideration for the specified property or service and each element is not separately identified, apply the following percentage

  • (a) if the specified property or service is acquired for consumption or use in British Columbia, 95%, and

  • (b) if the specified property or service is acquired for consumption or use in Ontario and is provided to the person together with

    • (i) an element that is a service, 96%,

    • (ii) an element that is property, 89%, and

    • (iii) an element described in subparagraph (i) and an element described in subparagraph (ii), 86%; and

  B

  is the recapture rate applicable at the particular time.

• Marginal note:Food, beverages and entertainment

  (5) If, at any time during a reporting period of a person, the person is a large business and the time prescribed by section 30 in respect of a specified provincial input tax credit of the person in respect of a specified property or service described in paragraph 28(1)(h) is in the reporting period, for the purposes of subsection 236.01(2) of the Act, the amount to be added to the net tax of the person for the reporting period in respect of the specified provincial input tax credit is determined by the formula

  A × B

  where

  A

  is

  • (a) if the person is a large business at the time that would, in the absence of paragraph 30(b), be the time prescribed by section 30 in respect of the specified provincial input tax credit, 50% of the specified provincial input tax credit, and

  • (b) in any other case, zero; and

  B

  is the recapture rate applicable at the time that would, in the absence of paragraph 30(b), be the time prescribed by section 30 in respect of the specified provincial input tax credit.

• Marginal note:Farmers

  (6) Despite subsections (2) to (5), no amount is to be added to the net tax of a person for a reporting period of the person as a consequence of those subsections in respect of a specified provincial input tax credit of the person if the chief source of income for the taxation year of the person immediately preceding the reporting period is farming and all of the property or services to which the specified provincial input tax credit relates is primarily consumed or used in the person’s farming activities.

• Marginal note:Election to use the SRED proxy

  (7) For the purposes of subsection (3), a person may, before the first day of a recapture period, elect, for the recapture period, to determine the amount to be added under that subsection in respect of a specified provincial input tax credit of the person in respect of specified energy in accordance with a method described in that subsection.

• Marginal note:Election to use the production proxy

  (8) For the purposes of subsection (3), if a person produces tangible personal property for sale, the person may elect to determine the amount to be added under that subsection in respect of a specified provincial input tax credit of the person in respect of specified energy in accordance with a method described in that subsection at all times when the election is in effect.

• Marginal note:Form and manner of filing

  (9) An election made under subsection (8) by a person shall

  • (a) be made in prescribed form containing prescribed information;

  • (b) set out the day on which the election is to become effective, which shall be the first day of a recapture period;

  • (c) be filed with the Minister on or before the day on or before which the person must file a return under Division V of Part IX of the Act for the reporting period of the person that includes the day on which the election is to become effective; and

  • (d) remain in effect until a revocation of the election becomes effective.

• Marginal note:Revocation

  (10) A person that has made an election under subsection (8) may revoke the election, effective on the first day of a recapture period that begins at least one year after the election became effective, by filing in prescribed manner with the Minister a notice of revocation in prescribed form containing prescribed information on or before the day on or before which the person must file a return under Division V of Part IX of the Act for the reporting period of the person that includes the day on which the revocation is to become effective.

Special Case

Marginal note:Qualifying motor vehicles

32 If a qualifying motor vehicle acquired in, or brought into, a specified province by a person is, only by virtue of subparagraph 28(2)(g)(i), not a specified property or service, the person is engaged in the business of supplying motor vehicles by way of sale and the person uses, at any time during the fiscal year when the person is a large business, the qualifying motor vehicle otherwise than exclusively for the purpose referred to in subparagraph 28(2)(g)(i), the following rules apply:

• (a) for the purposes of the definition specified property or service in subsection 236.01(1) of the Act, the qualifying motor vehicle is a prescribed property; and

• (b) for the purposes of subsection 236.01(2) of the Act

  • (i) despite section 30, the prescribed time in respect of a specified provincial input tax credit of the person in respect of the qualifying motor vehicle is the last day of each fiscal year of the person during which the person uses the qualifying motor vehicle otherwise than exclusively for the purpose referred to in subparagraph 28(2)(g)(i), and

  • (ii) despite subsection 31(2), the amount to be added to the net tax of the person for a reporting period of the person that includes the last day of a fiscal year referred to in subparagraph (i) of the person is determined by the formula

    A × B

    where

    A

    is an amount determined by the formula

    C × D × 2%

    where

    C

    is the specified provincial input tax credit, and

    D

    is the number of fiscal months in the fiscal year during which the qualifying motor vehicle is used otherwise than exclusively for the purpose referred to in subparagraph 28(2)(g)(i) and during which the person is a large business, and

    B

    is the recapture rate applicable on the last day of the fiscal year.

DIVISION 7Deduction from Net Tax

Marginal note:Prescribed time

33 If a person, at any time, supplies a qualifying motor vehicle by way of sale or removes it from a specified province and registers it in another province and, as a consequence of subsection 31(2), the person added an amount to its net tax for a reporting period of the person in respect of a specified provincial input tax credit of the person in respect of the qualifying motor vehicle, for the purposes of subsection 236.01(3) of the Act, that time is the prescribed time in respect of the qualifying motor vehicle.

Marginal note:Prescribed manner

34 For the purposes of subsection 236.01(3) of the Act, if a qualifying motor vehicle in respect of which a person added an amount under subsection 236.01(2) of the Act in determining its net tax and in respect of which paragraph 28(1)(a) applies is supplied by way of sale by the person to another person that is not related to the person, or is removed from a specified province and registered in another province by the person, the person may deduct from its net tax for the reporting period of the person that includes the time prescribed in section 33 the amount determined by the formula

DIVISION 8Methods, Reporting and Accounting, and Compliance

Marginal note:Election to use the instalment method

• 35 (1) A person may elect to have section 36 apply to the person at all times when the election is in effect.

• Marginal note:Condition — election

  (2) A person may not elect to have section 36 apply to the person beginning on a day in a particular fiscal year of the person if the particular fiscal year is the first fiscal year of the person.

• Marginal note:Form and manner of filing

  (3) An election made under subsection (1) by a person shall

  • (a) be made in prescribed form containing prescribed information;

  • (b) set out the day on which the election is to become effective, which shall be

    • (i) the first day of the fourth fiscal month of a fiscal year of the person, or

    • (ii) if the person becomes a large business in a fiscal year of the person, the day on which the person becomes a large business;

  • (c) be filed with the Minister on or before the day on or before which the person must file a return under Division V of Part IX of the Act for the reporting period of the person that includes the day on which the election is to become effective; and

  • (d) remain in effect until a revocation of the election becomes effective.

• Marginal note:Revocation

  (4) A person that has made an election under subsection (1) may revoke the election, effective on the first day of an instalment period that begins after the election became effective, by filing in prescribed manner with the Minister a notice of revocation in prescribed form containing prescribed information on or before the day on or before which the person must file a return under Division V of Part IX of the Act for the reporting period of the person that includes the day on which the revocation is to become effective.

Marginal note:Effect of election

• 36 (1) For the purposes of paragraph 236.01(4)(a) of the Act and despite sections 31 and 32, if an election made under subsection 35(1) by a person is in effect during an instalment period, the amount to be added to the net tax of the person for each particular reporting period of the person during which the person is a large business that ends at a time in the instalment period when the election is in effect is the amount determined by the formula

  (A/B) × C × D

  where

  A

  is the total of all amounts under subsection 236.01(2) of the Act that would have been required to be added to the net tax of the person for each reporting period of the person ending in the last fiscal year of the person that ends before the first day of the instalment period if

  • (a) where the first day of that fiscal year is before July 1, 2010, the new harmonized value-added tax system had been in effect, with all modifications as the circumstances may require, throughout that fiscal year in respect of each specified province and the harmonization date for the specified province had been the first day of that fiscal year,

  • (b) no election under subsection 35(1) had been in effect, and

  • (c) the recapture rate applicable at all times throughout that fiscal year had been 100%;

  B

  is the number of fiscal months in the last fiscal year of the person that ends before the first day of the instalment period;

  C

  is

  • (a) if the particular reporting period is a fiscal year, 12,

  • (b) if the particular reporting period is a fiscal month, 1, or

  • (c) if the particular reporting period is a fiscal quarter, 3; and

  D

  is the recapture rate applicable on the last day of the particular reporting period.

• Marginal note:Reconciliation

  (2) For the purposes of paragraph 236.01(4)(a) of the Act, if an election made under subsection 35(1) by a person is in effect during a fiscal year of the person, the person shall, in determining the net tax of the person for a reporting period of the person that includes the last day of that fiscal year or for a reporting period of the person that begins after that fiscal year and ends on or before the last day of the third fiscal month following the last day of that fiscal year, add the positive amount or deduct the negative amount determined by the formula

  A - B

  where

  A

  is the total of all amounts that, in the absence of subsection (1), would have been required under subsection 236.01(2) of the Act to be added to the net tax of the person as a consequence of section 31 or 32 for each reporting period of the person ending in the fiscal year; and

  B

  is the total of all amounts each of which is added to the net tax of the person as a consequence of subsection (1) or section 31 or 32 for each reporting period of the person ending in the fiscal year.

• Marginal note:Reconciliation on cessation

  (3) Despite subsection (2), for the purposes of paragraph 236.01(4)(a) of the Act, if an election made under subsection 35(1) by a person is in effect during a particular fiscal year of the person and the person ceases to be a registrant at any time in the particular fiscal year, the person shall, in determining the net tax of the person for the particular reporting period in which the person ceases to be a registrant, add the positive amount or deduct the negative amount determined by the formula

  (A - B) + (C - D)

  where

  A

  is the total of all amounts that, in the absence of subsection (1), would have been required under subsection 236.01(2) of the Act to be added to the net tax of the person as a consequence of section 31 or 32 for each reporting period of the person ending in the particular fiscal year;

  B

  is the total of all amounts each of which was added to the net tax of the person as a consequence of subsection (1) or section 31 or 32 for each reporting period of the person ending in the particular fiscal year;

  C

  is

  • (a) if an election made under subsection 35(1) was in effect during the fiscal year (in this subsection referred to as the “prior fiscal year”) immediately preceding the particular fiscal year and the person has not added or deducted an amount under subsection (2) in respect of that prior fiscal year in a reporting period ending before the particular reporting period, the total of all amounts that, in the absence of subsection (1), would have been required under subsection 236.01(2) of the Act to be added to the net tax of the person as a consequence of section 31 or 32 for each reporting period of the person ending in the prior fiscal year, and

  • (b) in any other case, zero; and

  D

  is

  • (a) if an election made under subsection 35(1) was in effect during the prior fiscal year and the person has not added or deducted an amount under subsection (2) in respect of that prior fiscal year in a reporting period ending before the particular reporting period, the total of all amounts each of which was added to the net tax of the person as a consequence of subsection (1) or section 31 or 32 for each reporting period of the person ending in the prior fiscal year, and

  • (b) in any other case, zero.

• Marginal note:Prescribed person

  (4) If a person is required under subsection (2) or (3) to add a positive amount, or deduct a negative amount, in determining its net tax for a reporting period of the person, for the purposes of the definition large business in subsection 236.01(1) of the Act, the person is a prescribed person in respect of that addition or deduction.

DIVISION 9Certain Benefits and Rebates

Marginal note:Qualifying motor vehicles

37 If a registrant makes a supply of a qualifying motor vehicle to an individual or a person related to the individual at any time during a taxation year of the individual to which subsection 173(1) of the Act applies and, as a consequence of subsection 31(2), the registrant added an amount to its net tax for a reporting period of the registrant ending on or before that time in respect of a specified provincial input tax credit of the registrant in respect of the qualifying motor vehicle, for the purpose of determining an amount of tax under subparagraph 173(1)(d)(vi) of the Act in respect of an amount that is deemed to be the total consideration payable in respect of the provision of the qualifying motor vehicle during the taxation year, the reference in the portion of subclause (I) of the description of A in clause 173(1)(d)(vi)(B) of the Act after sub-subclause 2 to “the tax rate for the participating province” is to be read as a reference to “the percentage determined by the formula

Marginal note:Restriction on rebate to partner

38 For the purposes of the new harmonized value-added tax system, subsection 253(2) of the Act is adapted so that the reference to “the amount that would be an input tax credit of the partnership in respect of the property or service for the last reporting period of the partnership in its last fiscal year ending in that calendar year if” in that subsection before paragraph (a) is to be read as “the amount that would be an input tax credit of the partnership in respect of the property or service for the last reporting period of the partnership in its last fiscal year ending in that calendar year, other than the part of that amount that would have been required to be added to the net tax of the partnership in accordance with subsection 236.01(2), if”.

PART 7Rebate for Employees and Partners

Marginal note:Percentage — subsection 253(1)

• 39 (1) For the purpose of the description of F in paragraph (b) of the description of A in subsection 253(1) of the Act, the percentage is the rate at which the tax referred to in paragraph 253(1)(b) of the Act was payable.

• Marginal note:Percentage — subsection 253(1)

  (2) For the purpose of the description of H in paragraph (c) of the description of A in subsection 253(1) of the Act, the percentage is the rate at which the tax under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act referred to in paragraph 253(1)(b) of the Act was payable.

• Marginal note:Percentage — subsection 253(2)

  (3) For the purpose of the description of E in clause (B) of the description of A in subparagraph 253(2)(a)(ii) of the Act, the percentage is the rate at which the tax referred to in paragraph 253(1)(b) of the Act was payable by the individual in respect of the acquisition or importation of the instrument, or the bringing into a participating province of the instrument, as the case may be.

• Marginal note:Percentage — subsection 253(2)

  (4) For the purpose of the description of G in clause (C) of the description of A in subparagraph 253(2)(a)(ii) of the Act, the percentage is the rate at which the tax under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act referred to in paragraph 253(1)(b) of the Act was payable by the individual in respect of the acquisition or importation of the instrument, or the bringing into a participating province of the instrument, as the case may be.

• Marginal note:Percentage — subsection 253(2)

  (5) For the purpose of the description of E in clause (B) of the description of A in subparagraph 253(2)(c)(ii) of the Act, the percentage is the rate at which the tax referred to in paragraph 253(1)(b) of the Act was payable by the individual in respect of the acquisition or importation of the property or service, or the bringing into a participating province of the property, as the case may be.

• Marginal note:Percentage — subsection 253(2)

  (6) For the purpose of the description of G in clause (C) of the description of A in subparagraph 253(2)(c)(ii) of the Act, the percentage is the rate at which the tax under subsection 165(2) or section 212.1 or 218.1 of the Act or Division IV.1 of Part IX of the Act referred to in paragraph 253(1)(b) of the Act was payable by the individual in respect of the acquisition or importation of the property or service, or the bringing into a participating province of the property, as the case may be.

PART 8New Housing Rebates

DIVISION 1Interpretation

Marginal note:Group of individuals

40 If a supply of a residential complex or a share of the capital stock of a cooperative housing corporation is made to two or more individuals, or two or more individuals construct or substantially renovate, or engage another person to construct or substantially renovate, a residential complex, the references in sections 41, 43, 45 and 46 and the references in section 256.21 of the Act to an individual are to be read as references to all of those individuals as a group, but only one of those individuals may apply for a rebate under subsection 256.21(1) of the Act in respect of the complex or share, the amount of which is determined under section 41, 43, 45 or 46.

DIVISION 2New Housing Rebates for Building and Land

Marginal note:Definitions

• 41 (1) In this section, relation and single unit residential complex have the same meanings as in subsection 254(1) of the Act.

• Marginal note:Rebate in Ontario

  (2) If an individual is entitled to claim a rebate under subsection 254(2) of the Act in respect of a residential complex that is a single unit residential complex, or a residential condominium unit, acquired for use in Ontario as the primary place of residence of the individual or of a relation of the individual, or the individual would be so entitled if the total consideration (within the meaning of paragraph 254(2)(c) of the Act) in respect of the complex were less than $450,000, for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of a rebate in respect of the complex under that subsection is equal to the lesser of $24,000 and the amount determined by the formula

  A × B

  where

  A

  is 75%; and

  B

  is the total of all tax under subsection 165(2) of the Act paid in respect of the supply of the complex to the individual or in respect of any other supply to the individual of an interest in the complex.

• Marginal note:Rebate in British Columbia

  (3) If an individual is entitled to claim a rebate under subsection 254(2) of the Act in respect of a residential complex that is a single unit residential complex, or a residential condominium unit, acquired for use in British Columbia as the primary place of residence of the individual or of a relation of the individual, or the individual would be so entitled if the total consideration (within the meaning of paragraph 254(2)(c) of the Act) in respect of the complex were less than $450,000, for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the complex under that subsection is equal to the lesser of $26,250 and the amount determined by the formula

  A × B

  where

  A

  is 71.43%; and

  B

  is the total of all tax under subsection 165(2) of the Act paid in respect of the supply of the complex to the individual or in respect of any other supply to the individual of an interest in the complex.

• Marginal note:Application for rebate

  (4) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under subsection (2) or (3), must be filed within two years after the day on which ownership of the complex is transferred to the individual.

• Marginal note:Restriction

  (5) The Minister shall pay a rebate in respect of a complex to an individual under subsection 256.21(1) of the Act, the amount of which is determined under subsection (2) or (3), only if the individual does not make an application for a rebate in respect of the complex under section 256(2) of the Act.

• Marginal note:Application to builder

  (6) For the purposes of the application of subsection 256.21(3) of the Act in respect of a rebate in relation to a residential complex that is a single unit residential complex or a residential condominium unit,

  • (a) the builder of the complex is a prescribed person;

  • (b) an individual who is a prescribed person under subsection (2) or (3) in respect of the complex is an individual of a prescribed class; and

  • (c) the following circumstances are prescribed circumstances:

    • (i) the builder makes a taxable supply of the complex by way of sale to an individual described in paragraph (b) and transfers ownership of the complex to the individual under the agreement for the supply,

    • (ii) the builder agrees to pay to, or to credit to or in favour of, the individual any rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection (2) or (3), that is payable to the individual in respect of the complex,

    • (iii) tax under Division II of Part IX of the Act has been paid, or is payable, by the individual in respect of the supply,

    • (iv) the individual, within two years after the day on which ownership of the complex is transferred to the individual under the agreement for the supply, submits an application, in accordance with subsection 256.21(3) of the Act, for the rebate, and

    • (v) the tax payable in respect of the supply has not been paid at the time the individual submits an application to the builder for the rebate and, if the individual had paid the tax and made an application for the rebate, the rebate would have been payable to the individual under subsection 256.21(1) of the Act.

DIVISION 3New Housing Rebates for Building Only

Marginal note:Amounts and rates for participating provinces

42 In applying subsection 254.1(2) of the Act in respect of

• (a) a residential complex situated in Ontario,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$508,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$395,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$113,000”,

  • (iv) the reference in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.60%”, and

  • (v) the reference in the description of A in the formula in paragraph (i) of that subsection to “1.71%” is to be read as a reference to “1.60%”;

• (b) a residential complex situated in Nova Scotia,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$517,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$402,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$115,000”,

  • (iv) the reference in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.57%”, and

  • (v) the reference in the description of A in the formula in paragraph (i) of that subsection to “1.71%” is to be read as a reference to “1.57%”;

• (c) a residential complex situated in New Brunswick,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$508,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$395,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$113,000”,

  • (iv) the reference in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.60%”, and

  • (v) the reference in the description of A in the formula in paragraph (i) of that subsection to “1.71%” is to be read as a reference to “1.60%”;

• (d) a residential complex situated in British Columbia,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$504,000”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$392,000”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$112,000”,

  • (iv) the reference in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.61%”, and

  • (v) the reference in the description of A in the formula in paragraph (i) of that subsection to “1.71%” is to be read as a reference to “1.61%”; and

• (e) a residential complex situated in Newfoundland and Labrador,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$508,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$395,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$113,000”,

  • (iv) the reference in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.60%”, and

  • (v) the reference in the description of A in the formula in paragraph (i) of that subsection to “1.71%” is to be read as a reference to “1.60%”.

Marginal note:Rebate in Ontario

• 43 (1) If an individual is entitled to claim a rebate under subsection 254.1(2) of the Act, or to be paid or credited the amount of such a rebate under subsection 254.1(4) of the Act, in respect of a building or part of it in which a residential unit forming part of a residential complex in Ontario is situated, or would be so entitled if the fair market value of the complex, at the time possession of the complex is given to the individual under the agreement for the supply of the complex to the individual, were less than $508,500, for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the complex under that subsection is equal to the lesser of $24,000 and 5.31% of the total consideration (within the meaning of paragraph 254.1(2)(h) of the Act) in respect of the complex.

• Marginal note:Rebate in British Columbia

  (2) If an individual is entitled to claim a rebate under subsection 254.1(2) of the Act in respect of a building or part of it in which a residential unit forming part of a residential complex in British Columbia is situated, or would be so entitled if the fair market value of the complex, at the time possession of the complex is given to the individual under the agreement for the supply of the complex to the individual, were less than $504,000, for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the complex under that subsection is equal to the lesser of $26,250 and 4.47% of the total consideration (within the meaning of paragraph 254.1(2)(h) of the Act) in respect of the complex.

• Marginal note:Application for rebate

  (3) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under subsection (1) or (2), must be filed within two years after the day on which possession of the complex is transferred to the individual.

• Marginal note:Application to builder

  (4) For the purposes of the application of subsection 256.21(3) of the Act in respect of a rebate in relation to a building or part of it in which a residential unit forming part of a residential complex is situated,

  • (a) the builder of the complex is a prescribed person;

  • (b) an individual who is a prescribed individual under subsection (1) or (2) in relation to the complex is an individual of a prescribed class; and

  • (c) the following circumstances are prescribed circumstances:

    • (i) the builder makes a supply of the complex to an individual under an agreement referred to in paragraph 254.1(2)(a) of the Act and transfers possession of the complex to the individual under the agreement,

    • (ii) the builder agrees to pay to, or to credit to or in favour of, the individual any rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection (1) or (2), that is payable to the individual in respect of the complex, and

    • (iii) the individual, within two years after the day on which possession of the complex is transferred to the individual under the agreement for the supply, submits an application, in accordance with subsection 256.21(3) of the Act, for the rebate.

DIVISION 4Cooperative Housing Rebates

Marginal note:Amounts and rates for participating provinces

44 In applying subsection 255(2) of the Act in respect of

• (a) a residential complex situated in Ontario,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$508,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$395,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$113,000”,

  • (iv) the reference in paragraph (g) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.60%”, and

  • (v) the reference in the description of A in the formula in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “1.60%”;

• (b) a residential complex situated in Nova Scotia,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$517,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$402,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$115,000”,

  • (iv) the reference in paragraph (g) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.57%”, and

  • (v) the reference in the description of A in the formula in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “1.57%”;

• (c) a residential complex situated in New Brunswick,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$508,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$395,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$113,000”,

  • (iv) the reference in paragraph (g) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.60%”, and

  • (v) the reference in the description of A in the formula in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “1.60%”;

• (d) a residential complex situated in British Columbia,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$504,000”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$392,000”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$112,000”,

  • (iv) the reference in paragraph (g) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.61%”, and

  • (v) the reference in the description of A in the formula in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “1.61%; and

• (e) a residential complex situated in Newfoundland and Labrador,

  • (i) the references in that subsection to “$472,500” are to be read as references to “$508,500”,

  • (ii) the references in that subsection to “$367,500” are to be read as references to “$395,500”,

  • (iii) the reference in that subsection to “$105,000” is to be read as a reference to “$113,000”,

  • (iv) the reference in paragraph (g) of that subsection to “1.71%” is to be read as a reference to “the lesser of $6,300 and 1.60%”, and

  • (v) the reference in the description of A in the formula in paragraph (h) of that subsection to “1.71%” is to be read as a reference to “1.60%”.

Definition of relation

• 45 (1) In this section, relation has the same meaning as in subsection 255(1) of the Act.

• Marginal note:Rebate in Ontario

  (2) For the purposes of subsection 256.21(1) of the Act, an individual is a prescribed person and the amount of the rebate under that subsection in respect of a share of the capital stock of a cooperative housing corporation is equal to the lesser of $24,000 and 5.31% of the total consideration referred to in paragraph (c), if

  • (a) the individual has acquired the share for the purpose of using a residential unit in a residential complex of the corporation that is situated in Ontario as the primary place of residence of the individual or of a relation of the individual;

  • (b) the corporation has paid tax under subsection 165(2) of the Act in respect of a taxable supply to the corporation of the complex; and

  • (c) the individual is entitled to claim a rebate under subsection 255(2) of the Act in respect of the share or would be so entitled if the total (in this subsection referred to as the “total consideration”) of all amounts, each of which is the consideration payable for the supply to the individual of the share or an interest in the corporation, complex or unit, were less than $508,500.

• Marginal note:Rebate in British Columbia

  (3) For the purposes of subsection 256.21(1) of the Act, an individual is a prescribed person and the amount of the rebate under that subsection in respect of a share of the capital stock of a cooperative housing corporation is equal to the lesser of $26,250 and 4.47% of the total consideration referred to in paragraph (c), if

  • (a) the individual has acquired the share for the purpose of using a residential unit in a residential complex of the corporation that is situated in British Columbia as the primary place of residence of the individual or of a relation of the individual;

  • (b) the corporation has paid tax under subsection 165(2) of the Act in respect of a taxable supply to the corporation of the complex; and

  • (c) the individual is entitled to claim a rebate under subsection 255(2) of the Act in respect of the share or would be so entitled if the total (in this subsection referred to as the “total consideration”) of all amounts, each of which is the consideration payable for the supply to the individual of the share or an interest in the corporation, complex or unit, were less than $504,000.

• Marginal note:Application for rebate

  (4) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under subsection (2) or (3), must be filed within two years after the day on which ownership of the share is transferred to the individual.

DIVISION 5Rebates for Owner-built Homes

Marginal note:Definitions

• 46 (1) In this section, relation has the same meaning as in subsection 256(1) of the Act.

• Marginal note:Rebate in Ontario

  (2) If

  • (a) an individual is entitled to claim a rebate under subsection 256(2) of the Act in respect of a residential complex that the individual has constructed or substantially renovated, or has engaged another person to construct or substantially renovate, and that is for use in Ontario as the primary place of residence of the individual or a relation of the individual, or the individual would be so entitled if the fair market value of the complex, at the time the construction or substantial renovation of the complex is substantially completed, were less than $450,000, and

  • (b) the individual has paid all of the tax payable by the individual in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land or in respect of the supply to, importation by, or bringing into Ontario by, the individual of any improvement to the land or, in the case of a mobile home or floating home, of the complex (the total of which tax under subsection 165(2) and sections 212.1, 218.1 and 220.05 to 220.07 of the Act is referred to in this subsection and subsection (4) as the “total tax in respect of the province”),

  for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the residential complex under that subsection is equal to

  • (c) if tax under subsection 165(2) of the Act is payable in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land, the lesser of $24,000 and 75% of the total tax in respect of the province, or

  • (d) otherwise, the lesser of $16,080 and 75% of the total tax in respect of the province.

• Marginal note:Rebate in British Columbia

  (3) If

  • (a) an individual is entitled to claim a rebate under subsection 256(2) of the Act in respect of a residential complex that the individual has constructed or substantially renovated, or has engaged another person to construct or substantially renovate, and that is for use in British Columbia as the primary place of residence of the individual or a relation of the individual, or the individual would be so entitled if the fair market value of the complex, at the time the construction or substantial renovation of the complex is substantially completed, were less than $450,000, and

  • (b) the individual has paid all of the tax payable by the individual in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land or in respect of the supply to, importation by, or bringing into British Columbia by, the individual of any improvement to the land or, in the case of a mobile home or floating home, of the complex (the total of which tax under subsection 165(2) and sections 212.1, 218.1 and 220.05 to 220.07 of the Act is referred to in this subsection and subsection (4) as the “total tax in respect of the province”),

  for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the residential complex under that subsection is equal to

  • (c) if tax under subsection 165(2) of the Act is payable in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land, the lesser of $26,250 and 71.43% of the total tax in respect of the province, or

  • (d) otherwise, the lesser of $17,588 and 71.43% of the total tax in respect of the province.

• Marginal note:Homes occupied before substantial completion

  (4) If an individual acquires an improvement in respect of the residential complex referred to in subsection (2) or (3) and tax in respect of the improvement becomes payable by the individual more than two years after the day on which the complex is first occupied as described in subparagraph 256(2)(d)(i) of the Act, that tax shall not be included under paragraph (2)(b) or (3)(b) in determining, for the complex, the total tax in respect of the province.

• Marginal note:Mobile homes and floating homes

  (5) For the purposes of this section, a particular individual is deemed to have constructed a mobile home or floating home and to have substantially completed the construction immediately before the earlier of the times referred to in paragraph (d) and, in the case of a mobile home or floating home imported by the individual, any use or occupation of the home outside Canada is deemed not to be use or occupation of the home, if

  • (a) the particular individual at a particular time purchases, imports or brings into Ontario or British Columbia the mobile home or floating home and at the particular time the home has never been used or occupied by any individual as a place of residence or lodging in Canada;

  • (b) the particular individual does not file with the Minister, or submit to the supplier, an application for a rebate in respect of the home under section 254 or 254.1 of the Act or in respect of the home under section 256.21 of the Act, the amount of which is determined under any of subsections 41(2), 41(3), 43(1) and 43(2);

  • (c) the particular individual is acquiring, importing or bringing into Ontario or British Columbia the mobile home or floating home for use as the primary place of residence of the particular individual or of a relation of the particular individual; and

  • (d) the first individual to occupy the mobile home or floating home in Canada at any time is the particular individual or a relation referred to in paragraph (c), or the particular individual at any time transfers ownership of the home under an agreement for an exempt supply by way of sale of the home.

• Marginal note:Application for rebate

  (6) For the purposes of subsection 256.21(2) of the Act, an application for a rebate in relation to a residential complex, the amount of which is determined under subsection (2) or (3), must be filed within two years after the later of the day that is

  • (a) the earliest of

    • (i) the day that is two years after the day on which the complex is first occupied as described in subparagraph 256(2)(d)(i) of the Act,

    • (ii) the day on which ownership is transferred as described in subparagraph 256(2)(d)(ii) of the Act, and

    • (iii) the day on which construction or substantial renovation of the complex is substantially completed; and

  • (b) two years before the day, if any, allowed by the Minister pursuant to paragraph 256(3)(b) of the Act in respect a rebate under section 256 of the Act in relation to the residential complex.

DIVISION 6New Residential Rental Property Rebates

Marginal note:Definitions

• 47 (1) In this subsection, percentage of total floor space, qualifying residential unit and relation have the same meanings as in subsection 256.2(1) of the Act.

• Marginal note:Meaning of “provincial portion of basic tax content”

  (2) In this section, provincial portion of basic tax content, at a particular time, of property of a person means the amount that would be the basic tax content of the property at that time if no amount of tax under any of subsection 165(1) and sections 212 and 218 of the Act were included in determining that basic tax content.

• Marginal note:Land and building — Ontario

  (3) Subject to subsections (13) to (15), if a person is entitled to claim a rebate under subsection 256.2(3) of the Act in respect of a residential complex, an interest in a residential complex or an addition to a multiple unit residential complex, situated in Ontario, or the person would be so entitled if the fair market value of the complex or addition were less than $450,000, for the purposes of subsection 256.21(1) of the Act, the person is a prescribed person and the amount of the rebate under that subsection in respect of the complex, interest or addition, as the case may be, is equal to the total of all amounts each of which is an amount, in respect of each residential unit that forms part of the complex or addition and that is a qualifying residential unit of the person at the specified time — being the time at which the tax in respect of the complex, interest or addition, as the case may be, first becomes payable in respect of the purchase from the supplier (within the meaning of subparagraph 256.2(3)(a)(i) of the Act) or is deemed to have been paid by the person in respect of the deemed purchase (within the meaning of subparagraph 256.2(3)(a)(ii) of the Act) — equal to the lesser of $24,000 and the amount determined by the formula

  A × B

  where

  A

  is 75% of the total tax under subsection 165(2) of the Act that, at the specified time, is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase of the complex or addition; and

  B

  is

  • (a) if the unit is a single unit residential complex or a residential condominium unit, 1, and

  • (b) in any other case, the unit’s percentage of the total floor space.

• Marginal note:Land and building — British Columbia

  (4) Subject to subsections (13) to (15), if a person is entitled to claim a rebate under subsection 256.2(3) of the Act in respect of a residential complex, an interest in a residential complex or an addition to a multiple unit residential complex, situated in British Columbia, or the person would be so entitled if the fair market value of the complex or addition were less than $450,000, for the purposes of subsection 256.21(1) of the Act, the person is a prescribed person and the amount of the rebate under that subsection in respect of the complex, interest or addition, as the case may be, is equal to the total of all amounts each of which is an amount, in respect of each residential unit that forms part of the complex or addition and that is a qualifying residential unit of the person at the specified time — being the time at which the tax in respect of the complex, interest or addition, as the case may be, first becomes payable in respect of the purchase from the supplier (within the meaning of subparagraph 256.2(3)(a)(i) of the Act) or is deemed to have been paid by the person in respect of the deemed purchase (within the meaning of subparagraph 256.2(3)(a)(ii) of the Act) — equal to the lesser of $26,250 and the amount determined by the formula

  A × B

  where

  A

  is 71.43% of the total tax under subsection 165(2) of the Act that, at the specified time, is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase of the complex or addition; and

  B

  is

  • (a) if the unit is a single unit residential complex or a residential condominium unit, 1, and

  • (b) in any other case, the unit’s percentage of the total floor space.

• Marginal note:Sale of building and lease of land — Ontario

  (5) Subject to subsections (13) and (14), if a person is entitled to claim a rebate under subsection 256.2(4) of the Act in respect of a residential complex or an addition to a multiple unit residential complex, situated in Ontario, or the person would be so entitled if the fair market value of the complex or addition were less than $450,000 for the purposes of that subsection and subsection 254.1(2) of the Act and the amount determined by the first formula in subsection 256.2(4) of the Act were a positive amount, for the purposes of subsection 256.21(1) of the Act, the person is a prescribed person and the amount of the rebate in respect of the complex or addition under that subsection is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the specified time — being the time at which the person is deemed under section 191 of the Act to have made and received a taxable supply by way of sale of the complex or addition and to have paid tax in respect of that supply — determined by the formula

  A - B

  where

  A

  is the lesser of $24,000 and the amount determined by the formula

  A₁ × A₂

  where

  A₁

  is 75% of the tax under subsection 165(2) of the Act that is deemed under section 191 of the Act to have been paid by the person at the specified time, and

  A₂

  is

  • (a) if the unit is a single unit residential complex or a residential condominium unit, 1, and

  • (b) in any other case, the unit’s percentage of total floor space; and

  B

  is the amount of the rebate, if any, under subsection 256.21(1) of the Act, the amount of which is determined under subsection 43(1), that the recipient of the exempt supply by way of sale referred to in subparagraph 256.2(4)(a)(i) of the Act is entitled to claim in respect of the complex or unit.

• Marginal note:Sale of building and lease of land — British Columbia

  (6) Subject to subsections (13) and (14), if a person is entitled to claim a rebate under subsection 256.2(4) of the Act in respect of a residential complex or an addition to a multiple unit residential complex, situated in British Columbia, or the person would be so entitled if the fair market value of the complex or addition were less than $450,000 for the purposes of that subsection and subsection 254.1(2) of the Act and the amount determined by the first formula in subsection 256.2(4) of the Act were a positive amount, for the purposes of subsection 256.21(1) of the Act, the person is a prescribed person and the amount of the rebate in respect of the complex or addition under that subsection is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the specified time — being the time at which the person is deemed under section 191 of the Act to have made and received a taxable supply by way or sale of the complex or addition and to have paid tax in respect of that supply — determined by the formula

  A - B

  where

  A

  is the lesser of $26,250 and the amount determined by the formula

  A₁ × A₂

  where

  A₁

  is 71.43% of the tax under subsection 165(2) of the Act that is deemed under section 191 of the Act to have been paid by the person at the specified time, and

  A₂

  is

  • (a) if the unit is a single unit residential complex or a residential condominium unit, 1, and

  • (b) in any other case, the unit’s percentage of total floor space; and

  B

  is the amount of the rebate, if any, under subsection 256.21(1) of the Act, the amount of which is determined under subsection 43(2), that the recipient of the exempt supply by way of sale referred to in subparagraph 256.2(4)(a)(i) of the Act is entitled to claim in respect of the complex or unit.

• Marginal note:Cooperative housing corporation — Ontario

  (7) Subject to subsections (13) and (14), if a cooperative housing corporation (in this subsection referred to as the “cooperative”) is entitled to claim a rebate in respect of a residential unit included in a residential complex situated in Ontario under subsection 256.2(5) of the Act, or would be so entitled if the fair market value of the residential complex were less than $450,000 and the amount determined by the first formula in that subsection were a positive amount, for the purposes of subsection 256.21(1) of the Act, the cooperative is a prescribed person in respect of the unit and the amount of the rebate in respect of the unit under that subsection is equal to the amount determined by the formula

  A - B

  where

  A

  is the lesser of $24,000 and the amount determined by the formula

  A₁ × A₂

  where

  A₁

  is 75% of the tax under subsection 165(2) of the Act that is payable in respect of the purchase from the supplier (within the meaning of subparagraph 256.2(5)(a)(i) of the Act) of the complex or an interest in the complex, as the case may be, or is deemed to have been paid in respect of the deemed purchase (within the meaning of subparagraph 256.2(5)(a)(ii) of the Act) of the complex or an addition to the complex, as the case may be, and

  A₂

  is

  • (a) if the unit is a single unit residential complex, 1, and

  • (b) in any other case, the unit’s percentage of total floor space; and

  B

  is the amount of the rebate, if any, under subsection 256.21(1) of the Act, the amount of which is determined under subsection 45(2), that the recipient of the exempt supply of the unit referred to in paragraph 256.2(5)(c) of the Act is entitled to claim in respect of the unit.

• Marginal note:Cooperative housing corporation — British Columbia

  (8) Subject to subsections (13) and (14), if a cooperative housing corporation (in this subsection referred to as the “cooperative”) is entitled to claim a rebate in respect of a residential unit included in a residential complex situated in British Columbia under subsection 256.2(5) of the Act, or would be so entitled if the fair market value of the residential complex were less than $450,000 and the amount determined by the first formula in that subsection were a positive amount, for the purposes of subsection 256.21(1) of the Act, the cooperative, is a prescribed person in respect of the unit and the amount of the rebate in respect of the unit under that subsection is equal to the amount determined by the formula

  A - B

  where

  A

  is the lesser of $26,250 and the amount determined by the formula

  A₁ × A₂

  where

  A₁

  is 71.43% of the tax under subsection 165(2) of the Act that is payable in respect of the purchase from the supplier (within the meaning of subparagraph 256.2(5)(a)(i) of the Act) of the complex or an interest in the complex, as the case may be, or is deemed to have been paid in respect of the deemed purchase (within the meaning of subparagraph 256.2(5)(a)(ii) of the Act) of the complex or addition to the complex, as the case may be, and

  A₂

  is

  • (a) if the unit is a single unit residential complex, 1, and

  • (b) in any other case, the unit’s percentage of total floor space; and

  B

  is the amount of the rebate, if any, under subsection 256.21(1) of the Act, the amount of which is determined under subsection 45(3), that the recipient of the exempt supply of the unit referred to in paragraph 256.2(5)(c) of the Act is entitled to claim in respect of the unit.

• Marginal note:Land leased for residential purposes — Ontario

  (9) Subject subsections (13) and (14), if a person is entitled to claim a rebate under subsection 256.2(6) of the Act in respect of an exempt supply of land situated in Ontario, or the person would be so entitled if the amount determined for B in the formula in that subsection were less than $112,500, for the purposes of subsection 256.21(1) of the Act, the person is a prescribed person and the amount of the rebate in respect of the land under that subsection is equal to

  • (a) in the case of a supply of a site in a residential trailer park or in an addition to a residential trailer park, the lesser of $7,920 multiplied by the total number of sites in the park or addition, as the case may be, and

    • (i) if the person is deemed to have paid tax calculated on the fair market value of the park or addition in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 75% of the tax under subsection 165(2) of the Act that is deemed to have been paid in respect of that supply, or

    • (ii) if the person is deemed to have paid tax at any time equal to the basic tax content of the park or addition in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 75% of the provincial portion of the basic tax content of the park or addition at that time; and

  • (b) in any other case, the lesser of $7,920 and

    • (i) if the person is deemed to have paid tax calculated on the fair market value of the land in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 75% of the tax under subsection 165(2) of the Act that is deemed to have been paid in respect of that supply, or

    • (ii) if the person is deemed to have paid tax at any time equal to the basic tax content of the land in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 75% of the provincial portion of the basic tax content of the land at that time.

• Marginal note:Land leased for residential purposes — British Columbia

  (10) Subject to subsections (13) and (14), if a person is entitled to claim a rebate under subsection 256.2(6) of the Act in respect of an exempt supply of land situated in British Columbia, or the person would be so entitled if the amount determined for B in the formula in that subsection were less than $112,500, for the purposes of subsection 256.21(1) of the Act, the person is a prescribed person and the amount of the rebate in respect of the land under that subsection is equal to

  • (a) in the case of a supply of a site in a residential trailer park or in an addition to a residential trailer park, the lesser of $8,663 multiplied by the total number of sites in the park or addition, as the case may be, and

    • (i) if the person is deemed to have paid tax calculated on the fair market value of the park or addition in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 71.43% of the tax under subsection 165(2) of the Act that is deemed to have been paid in respect of that supply, or

    • (ii) if the person is deemed to have paid tax at any time equal to the basic tax content of the park or addition in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 71.43% of the provincial portion of the basic tax content of the park or addition at that time; and

  • (b) in any other case, the lesser of $8,663 and

    • (i) if the person is deemed to have paid tax calculated on the fair market value of the land in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 71.43% of the tax under subsection 165(2) of the Act that is deemed to have been paid in respect of that supply, or

    • (ii) if the person is deemed to have paid tax at any time equal to the basic tax content of the land in respect of the taxable supply referred to in subparagraph 256.2(6)(a)(ii) of the Act, 71.43% of the provincial portion of the basic tax content of the land at that time.

• Marginal note:Application for rebate

  (11) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under this section, must be filed within two years after,

  • (a) in the case of a rebate the amount of which is determined under subsection (7) or (8), the end of the month in which the person makes the exempt supply referred to in that subsection;

  • (b) in the case of a rebate the amount of which is determined under subsection (9) or (10), the end of the month in which the person is deemed to have paid the tax referred to in that subsection; and

  • (c) in the case of any other rebate in respect of a residential unit the amount of which is determined under this section, the end of the month in which tax first becomes payable by the person, or is deemed to have been paid by the person, in respect of the unit or interest in the unit or in respect of the residential complex or addition, or interest therein, in which the unit is situated, as the case may be.

• Marginal note:Prescribed circumstances

  (12) The following circumstances are prescribed for the purposes of subsection 256.21(1) of the Act in respect of any rebate, the amount of which is determined under this section, to a person:

  • (a) if the rebate is in respect of a taxable supply received by the person from another person, the person has paid all of the tax payable in respect of that supply;

  • (b) if the rebate is in respect of a taxable supply in respect of which the person is deemed to have collected tax in a reporting period of the person, the person has reported the tax in the person’s return under Division V of Part IX of the Act for the reporting period and has remitted all net tax remittable, if any, as reported in that return;

  • (c) no amount of tax included in determining the rebate would otherwise be included in determining a rebate of the person under section 256.1 of the Act or in determining a rebate of the person under section 256.21 of the Act, the amount of which is determined under any of sections 41, 43, 45 and 46; and

  • (d) no amount of tax that would otherwise be included in determining the rebate is included in determining a rebate of the person under section 259 of the Act.

• Marginal note:Special rules

  (13) For the purposes of this section, subsection 256.2(8) of the Act applies with any necessary modifications.

• Marginal note:Restrictions

  (14) In determining under this section the amount of a rebate payable to a person under subsection 256.21(1) of the Act, there shall not be included any amount of tax that the person is, under an Act of Parliament (other than the Act) or any other law,

  • (a) not required to pay or remit; or

  • (b) entitled to recover by way of a rebate, refund or remission.

• Marginal note:Exception — prescribed person

  (15) If, in the absence of this subsection, a person would be, under subsection (3) or (4), a prescribed person for the purposes of subsection 256.21(1) of the Act in respect of a qualifying residential unit (other than a unit located in a multiple unit residential complex) and, within one year after the unit is first occupied as a place of residence after the construction or last substantial renovation of the unit was substantially completed, the person makes a supply by way of sale (other than a supply deemed under section 183 or 184 of the Act to have been made) of the unit to a purchaser who is not acquiring the unit for use as the primary place of residence of the purchaser or of a relation of the purchaser, the person is deemed never to have been a prescribed person under subsection (3) or (4), as the case may be, for the purposes of subsection 256.21(1) of the Act in respect of the qualifying residential unit.

PART 9Ontario and British Columbia Real Property Transitional Rules

DIVISION 1Interpretation

Marginal note:Definitions

• 48 (1) The following definitions apply in this Part.

  qualifying date

  qualifying date for a province means

  • (a) in the case of Ontario, June 18, 2009; and

  • (b) in the case of British Columbia, November 18, 2009. (date déterminée)

  specified province

  specified province means Ontario or British Columbia. (province déterminée)

• Marginal note:Related persons

  (2) For the purposes of this Part, an individual is deemed not to deal at arm’s length with an aunt, uncle, nephew or niece of the individual.

• Marginal note:Group of persons

  (3) If a supply of a residential complex is made to two or more persons, or two or more persons construct or substantially renovate, or engage another person to construct or substantially renovate, a residential complex, the references in this Part to a person or an individual are to be read as references to all of those persons as a group, but only one of those persons may apply for a rebate under subsection 256.21(1) of the Act in respect of the complex, the amount of which is determined under this Part.

DIVISION 2Application

Marginal note:Application

• 49 (1) Subject to subsection (2) and to Division 3 and section 42 of the New Harmonized Value-added Tax System Regulations, subsection 165(2) of the Act and the provisions of Part IX of the Act (other than Divisions IX and X of that Part) relating to tax under that subsection apply to

  • (a) any supply of real property made in a specified province on or after July 1, 2010;

  • (b) any supply by way of sale of real property made in a specified province before July 1, 2010 if ownership and possession of that property are transferred to the recipient of the supply on or after July 1, 2010;

  • (c) any supply of real property made in a specified province before July 1, 2010 by way of lease, licence or similar arrangement if all of the consideration for the supply becomes due or is paid without having become due, or is deemed to have become due or to have been paid, on or after July 1, 2010 and is not deemed to have become due or to have been paid before that day; and

  • (d) any supply of real property made in a specified province before July 1, 2010 by way of lease, licence or similar arrangement if part of the consideration for the supply becomes due or is paid without having become due, or is deemed to have become due or to have been paid, on or after July 1, 2010.

• Marginal note:Exception

  (2) Subject to Division 3, tax under subsection 165(2) of the Act is not payable in respect of any part of the consideration for a supply referred to in paragraph 1(d) that becomes due or is paid before July 1, 2010 and is not deemed to have become due or to have been paid on or after that day.

Marginal note:Agreement not indicating tax

50 If

• (a) a builder of a residential complex makes a taxable supply by way of sale of the complex in a specified province under an agreement of purchase and sale entered into after the qualifying date for the specified province and before July 1, 2010,

• (b) tax under subsection 165(2) of the Act becomes payable in respect of the supply,

• (c) the agreement does not indicate in writing

  • (i) the total tax payable in respect of the supply in a manner that clearly indicates the amount of that total and whether or not that amount takes into account any amount to be paid or credited in accordance with subsection 254(4) or 256.21(3) of the Act, and

  • (ii) the total of the rates at which tax is payable in respect of the supply, and

• (d) the builder is required under section 221 of the Act to collect tax in respect of the supply,

the following rules apply:

• (e) for the purposes of Part IX of the Act the consideration for the supply is deemed to be the amount determined by the formula

  (100%/A) × B

  where

  A

  is the total of 100% and the rate at which tax under subsection 165(2) of the Act is calculated in respect of the supply, and

  B

  is the consideration for the supply as otherwise determined under Part IX of the Act,

• (f) for the purposes of Part IX of the Act, the builder is deemed to have collected, and the recipient is deemed to have paid, on the earlier of the day ownership of the complex is transferred to the recipient and the day possession of the complex is transferred to the recipient under the agreement, tax under subsection 165(2) of the Act calculated on the consideration for the supply, and

• (g) for the purposes of Part IX of the Act, if the recipient is entitled to claim a rebate under subsection 254(2) of the Act in respect of the complex and the builder, in accordance with subsection 254(4) of the Act, pays to, or credits to or in favour of, the recipient the amount of the rebate under subsection 254(2) of the Act, the recipient is deemed to be entitled to claim a rebate in respect of the complex under subsection 256.21(1) of the Act, the amount of which is determined under subsection 41(2) or (3), and the builder is deemed to have credited in favour of the recipient the amount of that rebate in accordance with subsection 256.21(3) of the Act on the earlier of the day ownership of the complex is transferred to the recipient and the day possession of the complex is transferred to the recipient under the agreement.

DIVISION 3Transition

Marginal note:Transfer of single unit residential complex after June 2010

• 51 (1) If

  • (a) a particular taxable supply by way of sale of a single unit residential complex (other than a floating home or a mobile home) is made in a specified province to an individual under an agreement, evidenced in writing, entered into between the supplier (in this section referred to as the “original vendor”) and the individual on or before the qualifying date for the specified province,

  • (b) neither ownership nor possession of the complex is transferred to the individual under the agreement before July 1, 2010, and

  • (c) possession of the complex is transferred to the individual under the agreement at any time on or after July 1, 2010,

  the following rules apply:

  • (d) no tax is payable under subsection 165(2) of the Act in respect of the particular supply,

  • (e) for the purposes of Part IX of the Act, if immediately after June 2010, the construction or last substantial renovation of the complex is less than 90% completed, the original vendor is deemed to have made another taxable supply in respect of the complex and to have collected, at the earlier of the time ownership of the complex is transferred to the individual and the time possession of the complex is transferred to the individual under the agreement, tax under Division II of Part IX of the Act in respect of the other supply equal to

    • (i) 2% of the consideration for the particular supply if the construction or last substantial renovation of the complex is, immediately after June 2010, less than 10% completed,

    • (ii) 1.5% of the consideration for the particular supply if the construction or last substantial renovation of the complex is, immediately after June 2010, 10% or more but less than 25% completed,

    • (iii) 1% of the consideration for the particular supply if the construction or last substantial renovation of the complex is, immediately after June 2010, 25% or more but less than 50% completed,

    • (iv) 0.5% of the consideration for the particular supply if the construction or last substantial renovation of the complex is, immediately after June 2010, 50% or more but less than 75% completed, and

    • (v) 0.2% of the consideration for the particular supply if the construction or last substantial renovation of the complex is, immediately after June 2010, 75% or more but less than 90% completed,

  • (f) for the purposes of paragraph (e), if the value of the consideration for the particular supply is less than the amount that would be the fair market value of the complex at the time the agreement is entered into if the construction of the complex or, in the case of a substantial renovation of the complex, the last substantial renovation of the complex, were substantially completed at that time, the consideration is deemed to be equal to that amount, and

  • (g) for the purposes of Division 4, the complex is deemed not to be a specified single unit residential complex.

• Marginal note:Assignment of agreement

  (2) The rules in paragraphs (1)(d) to (g) apply in respect of an agreement described in paragraph (1)(a) in respect of a single unit residential complex (other than a floating home or a mobile home) if the following circumstances apply:

  • (a) the agreement is assigned to a particular individual;

  • (b) neither ownership nor possession of the complex is transferred to any individual under the agreement before July 1, 2010;

  • (c) possession of the complex is transferred to the particular individual under the agreement at any time on or after July 1, 2010; and

  • (d) the following conditions are met in respect of the assignment of the agreement to the particular individual and in respect of every other assignment of the agreement made prior to the assignment to the particular individual:

    • (i) a novation of the agreement has not occurred,

    • (ii) the original vendor of the complex and the individual who assigns the agreement deal with each other at arm’s length and are not associated with each other, and

    • (iii) neither the original vendor of the complex nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the complex.

  In applying those rules, the reference to the “individual” in paragraph (1)(e) is to be read as a reference to the “particular individual”.

• Marginal note:First reseller

  (3) If an individual (in this section referred to as the “first reseller”) makes a taxable supply by way of sale (in this section referred to as the “first resale”) of a single unit residential complex (other than a floating home or a mobile home) to a particular individual under an agreement evidenced in writing and the first reseller is the recipient of a previous supply of the complex in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (1) or (2), no tax is payable under subsection 165(2) of the Act in respect of the first resale if the following conditions are satisfied:

  • (a) the first reseller acquires the complex primarily for the purpose of making a taxable supply by way of sale of the complex;

  • (b) possession of the complex is transferred to the first reseller after the construction or last substantial renovation of the complex is substantially completed;

  • (c) the original vendor of the complex and the first reseller deal with each other at arm’s length and are not associated with each other;

  • (d) either

    • (i) the first reseller is a builder of the complex that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the complex, or all or substantially all of the last substantial renovation of the complex and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the complex is transferred and the time possession of the complex is transferred by the first reseller to the particular individual has been completed by a person other than the first reseller, or

    • (ii) the first reseller is a builder of the complex that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and

  • (e) neither the original vendor of the complex nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the complex.

• Marginal note:First reseller — disclosure

  (4) If a first reseller makes a first resale of a single unit residential complex (other than a floating home or a mobile home) to a particular individual and no tax is payable under subsection 165(2) of the Act in respect of the first resale pursuant to subsection (3), or no tax would have been payable under subsection 165(2) of the Act in respect of the first resale pursuant to subsection (3) if that subsection were read without reference to paragraph (3)(e), the first reseller shall indicate in writing to the particular individual

  • (a) the name of the original vendor of the complex; and

  • (b) that the first reseller was the recipient of a previous supply of the complex in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (1) or (2), as the case may be.

• Marginal note:Input tax credit — first reseller

  (5) If an individual makes a particular taxable supply by way of sale of a single unit residential complex (other than a floating home or a mobile home) to a person under an agreement evidenced in writing, the individual is the recipient of a previous supply of the complex in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (1) or (2) and tax under subsection 165(2) of the Act is payable in respect of the particular supply, for the purposes of determining an input tax credit of the individual, the individual is deemed to have paid, at the time possession of the complex is transferred to the person, tax in respect of the previous supply of the complex made to the individual by the original vendor of the complex equal to 2% of the consideration for the previous supply.

• Marginal note:Subsequent reseller

  (6) If an individual (in this section referred to as the “subsequent reseller”) makes a taxable supply by way of sale (in this section referred to as the “subsequent resale”) of a single unit residential complex (other than a floating home or a mobile home) to a particular individual under an agreement evidenced in writing and the subsequent reseller is the recipient of a previous supply of the complex in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (3) or this subsection, no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale if the following conditions are satisfied:

  • (a) the subsequent reseller acquires the complex primarily for the purpose of making a taxable supply by way of sale of the complex;

  • (b) either

    • (i) the subsequent reseller is a builder of the complex that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the complex, or all or substantially all of the last substantial renovation of the complex and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the complex is transferred and the time possession of the complex is transferred by the subsequent reseller to the particular individual has been completed by a person other than the subsequent reseller, or

    • (ii) the subsequent reseller is a builder of the complex that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and

  • (c) neither the original vendor of the complex nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the complex.

• Marginal note:Subsequent reseller — disclosure

  (7) If a subsequent reseller makes a subsequent resale of a single unit residential complex (other than a floating home or a mobile home) to a particular individual and no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6), or no tax would have been payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6) if that subsection were read without reference to paragraph (6)(c), the subsequent reseller shall indicate in writing to the particular individual

  • (a) the name of the original vendor of the complex; and

  • (b) that the subsequent reseller was the recipient of a previous supply of the complex in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (3) or (6), as the case may be.

• Marginal note:Agreement not indicating tax

  (8) If

  • (a) a first reseller or a subsequent reseller of a single unit residential complex (other than a floating home or a mobile home) makes a taxable supply by way of sale of the complex in a specified province under an agreement of purchase and sale,

  • (b) tax under subsection 165(2) of the Act becomes payable in respect of the taxable supply,

  • (c) the agreement does not indicate in writing

    • (i) the total tax payable in respect of the supply in a manner that clearly indicates the amount of that total and whether or not that amount takes into account any amount to be paid or credited in accordance with subsection 254(4) or 256.21(3) of the Act, and

    • (ii) the total of the rates at which tax is payable in respect of the supply, and

  • (d) the first reseller or subsequent reseller, as the case may be, is required under section 221 of the Act to collect tax in respect of the supply,

  the following rules apply:

  • (e) for the purposes of Part IX of the Act the consideration for the supply is deemed to be the amount determined by the formula

    (100%/A) × B

    where

    A

    is the total of 100% and the rate at which tax under subsection 165(2) of the Act is calculated in respect of the supply, and

    B

    is the consideration for the supply as otherwise determined under Part IX of the Act,

  • (f) for the purposes of Part IX of the Act, the first reseller or subsequent reseller, as the case may be, is deemed to have collected, and the recipient is deemed to have paid, on the earlier of the day ownership of the complex is transferred to the recipient and the day possession of the complex is transferred to the recipient under the agreement, tax under subsection 165(2) of the Act calculated on the consideration for the supply, and

  • (g) for the purposes of Part IX of the Act, if the recipient is entitled to claim a rebate under subsection 254(2) of the Act in respect of the complex and the first reseller or subsequent reseller, as the case may be, pays to, or credits to or in favour of, the recipient the amount of the rebate under that subsection, the recipient is deemed to be entitled to claim a rebate in respect of the complex under subsection 256.21(1) of the Act, the amount of which is determined under subsection 41(2) or (3) and the first reseller or subsequent reseller, as the case may be, is deemed to have credited in favour of the recipient the amount of that rebate in accordance with subsection 256.21(3) of the Act on the earlier of the day ownership of the complex is transferred to the recipient and the day possession of the complex is transferred to the recipient under the agreement.

• Marginal note:Self-assessment on acquisition of real property

  (9) If a particular individual is the recipient of a taxable supply by way of sale of a single unit residential complex (other than a floating home or a mobile home) from another person, tax under subsection 165(2) of the Act is payable in respect of the supply, no tax would have been payable under subsection 165(2) of the Act in respect of the supply if subsection (2) were read without reference to subparagraph (2)(d)(iii), subsection (3) were read without reference to paragraph (3)(e) or subsection (6) were read without reference to paragraph (6)(c), whichever is applicable in respect of the taxable supply, and the other person would, in the absence of this subsection, be required under section 221 of the Act to collect tax in respect of the supply, the following rules apply:

  • (a) despite section 221 of the Act, the other person is not required to collect tax under subsection 165(2) of the Act in respect of the supply;

  • (b) the particular individual shall,

    • (i) if the particular individual is a registrant and acquired the complex for use or supply primarily in the course of commercial activities of the particular individual, on or before the day on or before which the particular individual’s return for the reporting period in which the tax became payable is required to be filed, pay the tax payable under subsection 165(2) of the Act in respect of the supply to the Receiver General and report that tax in that return, and

    • (ii) in any other case, on or before the last day of the month following the calendar month in which the tax became payable, pay the tax payable under subsection 165(2) of the Act to the Receiver General and file with the Minister in prescribed manner a return in respect of the tax under subsection 165(2) of the Act in prescribed form containing prescribed information;

  • (c) subsection (8) does not apply in respect of the supply; and

  • (d) for the purposes of determining an input tax credit of the particular individual, the particular individual is deemed to have paid, at the time possession of the complex is transferred to the particular individual, tax in respect of the supply of the complex equal to 2% of the consideration for the supply of the complex made by the original vendor.

Marginal note:Transfer of residential condominium unit after June 2010

• 52 (1) If

  • (a) a particular taxable supply by way of sale of a residential condominium unit is made in a specified province to a person under an agreement, evidenced in writing, entered into between the supplier (in this section referred to as the “original vendor”) and the person on or before the qualifying date for the specified province,

  • (b) neither ownership nor possession of the unit is transferred to the person under the agreement before July, 1, 2010, and

  • (c) possession of the unit is transferred to the person under the agreement at any time on or after July, 1, 2010,

  the following rules apply:

  • (d) no tax is payable under subsection 165(2) of the Act in respect of the particular supply,

  • (e) for the purposes of Part IX of the Act, the original vendor is deemed to have made another taxable supply in respect of the unit and to have collected, at the earlier of the time ownership of the unit is transferred to the person and the time possession of the unit is transferred to the person under the agreement, tax under Division II of Part IX of the Act in respect of the other supply equal to 2% of the consideration for the particular supply, and

  • (f) for the purposes of paragraph (e) and Division 4, if the value of the consideration for the particular supply is less than the amount that would be the fair market value of the unit at the time the agreement is entered into if the construction of the unit or, in the case of a substantial renovation of the unit, the last substantial renovation of the unit, were substantially completed at that time, the consideration is deemed to be equal to that amount.

• Marginal note:Assignment of agreement

  (2) The rules in paragraphs (1)(d) to (f) apply in respect of an agreement described in paragraph (1)(a) in respect of a residential condominium unit if the following circumstances apply:

  • (a) the agreement is assigned to a particular person;

  • (b) neither ownership nor possession of the unit is transferred to any person under the agreement before July 1, 2010;

  • (c) possession of the unit is transferred to the particular person under the agreement at any time on or after July 1, 2010; and

  • (d) the following conditions are met in respect of the assignment of the agreement to the particular person and in respect of every other assignment of the agreement made prior to the assignment to the particular person:

    • (i) a novation of the agreement has not occurred,

    • (ii) the original vendor of the complex and the person that assigns the agreement deal with each other at arm’s length and are not associated with each other, and

    • (iii) neither the original vendor of the complex nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the unit.

  In applying those rules, the reference to the “person” in paragraph (1)(e) is to be read as a reference to the “particular person”.

• Marginal note:First reseller

  (3) If a person (in this section referred to as the “first reseller”) makes a taxable supply by way of sale (in this section referred to as the “first resale”) of a residential condominium unit to a particular person under an agreement evidenced in writing and the first reseller is the recipient of a previous supply of the unit that in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (1) or (2), no tax is payable under subsection 165(2) of the Act in respect of the first resale if the following conditions are satisfied:

  • (a) the first reseller acquires the unit primarily for the purpose of making a taxable supply by way of sale of the unit;

  • (b) possession of the unit is transferred to the first reseller after the construction or last substantial renovation of the unit is substantially completed;

  • (c) the original vendor of the unit and the first reseller deal with each other at arm’s length and are not associated with each other;

  • (d) either

    • (i) the first reseller is a builder of the unit that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the unit, or all or substantially all of the last substantial renovation of the unit and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the unit is transferred and the time possession of the unit is transferred by the first reseller to the particular person has been completed by a person other than the first reseller, or

    • (ii) the first reseller is a builder of the unit that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and

  • (e) neither the original vendor of the unit nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the unit.

• Marginal note:First reseller — disclosure

  (4) If a first reseller makes a first resale of a residential condominium unit to a particular person and no tax is payable under subsection 165(2) of the Act in respect of the first resale pursuant to subsection (3), or no tax would have been payable under subsection 165(2) of the Act in respect of the first resale pursuant to subsection (3) if that subsection were read without reference to paragraph (3)(e), the first reseller shall indicate in writing to the particular person

  • (a) the name of the original vendor of the unit; and

  • (b) that the first reseller was the recipient of a previous supply of the unit in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (1) or (2), as the case may be.

• Marginal note:Input tax credit — first reseller

  (5) If a particular person makes a particular taxable supply by way of sale of a residential condominium unit to another person under an agreement evidenced in writing, the particular person is the recipient of a previous supply of the unit in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (1) or (2) and tax under subsection 165(2) of the Act is payable in respect of the particular supply, for the purposes of determining an input tax credit of the particular person, the particular person is deemed to have paid, at the time possession of the unit is transferred to the other person, tax in respect of the previous supply of the unit made to the particular person by the original vendor of the unit equal to 2% of the consideration for the previous supply.

• Marginal note:Subsequent reseller

  (6) If a person (in this section referred to as the “subsequent reseller”) makes a taxable supply by way of sale (in this section referred to as the “subsequent resale”) of a residential condominium unit to a particular person under an agreement evidenced in writing and the subsequent reseller is the recipient of a previous supply of the unit in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (3) or this subsection, no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale if the following conditions are satisfied:

  • (a) the subsequent reseller acquires the unit primarily for the purpose of making a taxable supply by way of sale of the unit;

  • (b) either

    • (i) the subsequent reseller is a builder of the unit that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the unit, or all or substantially all of the last substantial renovation of the unit and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the unit is transferred and the time possession of the unit is transferred by the subsequent reseller to the particular individual has been completed by a person other than the subsequent reseller, or

    • (ii) the subsequent reseller is a builder of the unit that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and

  • (c) neither the original vendor of the unit nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the unit.

• Marginal note:Subsequent reseller — disclosure

  (7) If a subsequent reseller makes a subsequent resale of a residential condominium unit to a particular person and no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6), or no tax would have been payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6) if that subsection were read without reference to paragraph (6)(c), the subsequent reseller shall indicate in writing to the particular person

  • (a) the name of the original vendor of the unit; and

  • (b) that the subsequent reseller was the recipient of a previous supply of the unit in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (3) or (6), as the case may be.

• Marginal note:Agreement not indicating tax

  (8) If

  • (a) a first reseller or a subsequent reseller of a residential condominium unit makes a taxable supply by way of sale of the unit in a specified province under an agreement of purchase and sale,

  • (b) tax under subsection 165(2) of the Act becomes payable in respect of the taxable supply,

  • (c) the agreement does not indicate in writing

    • (i) the total tax payable in respect of the supply in a manner that clearly indicates the amount of that total and whether or not that amount takes into account any amount to be paid or credited in accordance with subsection 254(4) or 256.21(3) of the Act, and

    • (ii) the total of the rates at which tax is payable in respect of the supply, and

  • (d) the first reseller or subsequent reseller, as the case may be, is required under section 221 of the Act to collect tax in respect of the supply,

  the following rules apply:

  • (e) for the purposes of Part IX of the Act the consideration for the supply is deemed to be the amount determined by the formula

    (100%/A) × B

    where

    A

    is the total of 100% and the rate at which tax under subsection 165(2) of the Act is calculated in respect of the supply, and

    B

    is the consideration for the supply as otherwise determined under Part IX of the Act,

  • (f) for the purposes of Part IX of the Act, the first reseller or subsequent reseller, as the case may be, is deemed to have collected, and the recipient is deemed to have paid, on the earlier of the day ownership of the unit is transferred to the recipient and the day possession of the unit is transferred to the recipient under the agreement, tax under subsection 165(2) of the Act calculated on the consideration for the supply, and

  • (g) for the purposes of Part IX of the Act, if the recipient is entitled to claim a rebate under subsection 254(2) of the Act in respect of the unit and the first reseller or subsequent reseller, as the case may be, pays to, or credits to or in favour of, the recipient the amount of the rebate under that subsection, the recipient is deemed to be entitled to claim a rebate in respect of the unit under subsection 256.21(1) of the Act, the amount of which is determined under subsection 41(2) or (3) and the first reseller or subsequent reseller, as the case may be, is deemed to have credited in favour of the recipient the amount of that rebate in accordance with subsection 256.21(3) of the Act on the earlier of the day ownership of the unit is transferred to the recipient and the day possession of the unit is transferred to the recipient under the agreement.

• Marginal note:Self-assessment on acquisition of real property

  (9) If a particular person is the recipient of a taxable supply by way of sale of a residential condominium unit from another person, tax under subsection 165(2) of the Act is payable in respect of the supply, no tax would have been payable under subsection 165(2) of the Act in respect of the supply if subsection (2) were read without reference to subparagraph (2)(d)(iii), subsection (3) were read without reference to paragraph (3)(e) or subsection (6) were read without reference to paragraph (6)(c), whichever is applicable in respect of the taxable supply, and the other person would, in the absence of this subsection, be required under section 221 of the Act to collect tax in respect of the supply, the following rules apply:

  • (a) despite section 221 of the Act, the other person is not required to collect tax under subsection 165(2) of the Act in respect of the supply;

  • (b) the particular person shall,

    • (i) if the particular person is a registrant and acquired the unit for use or supply primarily in the course of commercial activities of the particular person, on or before the day on or before which the particular person’s return for the reporting period in which the tax became payable is required to be filed, pay the tax payable under subsection 165(2) of the Act in respect of the supply to the Receiver General and report that tax in that return, and

    • (ii) in any other case, on or before the last day of the month following the calendar month in which the tax became payable, pay the tax payable under subsection 165(2) of the Act to the Receiver General and file with the Minister in prescribed manner a return in respect of the tax under subsection 165(2) of the Act in prescribed form containing prescribed information;

  • (c) subsection (8) does not apply in respect of the supply; and

  • (d) for the purposes of determining an input tax credit of the particular person, the particular person is deemed to have paid, at the time possession of the unit is transferred to the particular person, tax in respect of the supply of the unit equal to 2% of the consideration for the supply of the unit made by the original vendor.

Marginal note:Transfer of condominium complex after June 2010

• 53 (1) If

  • (a) a particular taxable supply by way of sale of a condominium complex is made in a specified province to a person under an agreement, evidenced in writing, entered into between the supplier (in this section referred to as the “original vendor”) and the person on or before the qualifying date for the specified province,

  • (b) neither ownership nor possession of the complex is transferred to the person under the agreement before July 1, 2010, and

  • (c) at any time on or after July 1, 2010, ownership of the complex is transferred to the person under the agreement or the complex is registered as a condominium,

  the following rules apply:

  • (d) no tax is payable under subsection 165(2) of the Act in respect of the particular supply,

  • (e) for the purposes of Part IX of the Act, the original vendor is deemed to have made another taxable supply in respect of the complex and to have collected, on the earlier of the day ownership of the complex is transferred to the person under the agreement and the day that is sixty days after the day on which the complex is registered as a condominium, tax under Division II of Part IX of the Act in respect of the other supply equal to 2% of the consideration for the particular supply, and

  • (f) for the purposes of paragraph (e) and Division 4, if the value of the consideration for the particular supply is less than the amount that would be the fair market value of the complex at the time the agreement is entered into if the construction of the complex or, in the case of a substantial renovation of the complex, the last substantial renovation of the complex, were substantially completed at that time, the consideration is deemed to be equal to that amount.

• Marginal note:Assignment of agreement

  (2) The rules in paragraphs (1)(d) to (f) apply in respect of an agreement described in paragraph (1)(a) in respect of a condominium complex if the following circumstances apply:

  • (a) the agreement is assigned to a particular person;

  • (b) neither ownership nor possession of the complex is transferred to any person under the agreement before July 1, 2010;

  • (c) at any time on or after July 1, 2010, ownership of the complex is transferred to the particular person or the complex is registered as a condominium; and

  • (d) the following conditions are met in respect of the assignment of the agreement to the particular person and in respect of every other assignment of the agreement made prior to the assignment to the particular person:

    • (i) a novation of the agreement has not occurred,

    • (ii) the original vendor of the complex and the person that assigns the agreement deal with each other at arm’s length and are not associated with each other, and

    • (iii) neither the original vendor of the complex nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the complex.

  In applying those rules, the reference to the “person” in paragraph (1)(e) is to be read as a reference to the “particular person”.

• Marginal note:First reseller

  (3) If a person (in this section referred to as the “first reseller”) makes a taxable supply by way of sale (in this section referred to as the “first resale”) of a condominium complex, or any residential condominium unit located in a condominium complex, to a particular person under an agreement evidenced in writing and the first reseller is the recipient of a previous supply of the complex in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (1) or (2), no tax is payable under subsection 165(2) of the Act in respect of the first resale, if the following conditions are satisfied:

  • (a) the first reseller acquires the complex primarily for the purpose of making a taxable supply by way of sale of the complex or unit, as the case may be;

  • (b) possession of the complex is transferred to the first reseller after the construction or last substantial renovation of the complex is substantially completed;

  • (c) the original vendor of the complex and the first reseller deal with each other at arm’s length and are not associated with each other;

  • (d) either

    • (i) the first reseller is a builder of the complex or unit, as the case may be, that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the complex or unit, or all or substantially all of the last substantial renovation of the complex or unit and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the complex or unit is transferred and the time possession of the complex or unit is transferred by the first reseller to the particular person has been completed by a person other than the first reseller, or

    • (ii) the first reseller is a builder of the complex or unit, as the case may be, that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and

  • (e) neither the original vendor of the condominium complex in which the unit is situated nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the unit.

• Marginal note:First reseller — disclosure

  (4) If a first reseller makes a first resale of a condominium complex, or any residential condominium unit located in a condominium complex, to a particular person and no tax is payable under subsection 165(2) of the Act in respect of the first resale pursuant to subsection (3), or no tax would have been payable under subsection 165(2) of the Act in respect of the first resale pursuant to subsection (3) if that subsection were read without reference to paragraph (3)(e), the first reseller shall indicate in writing to the particular person,

  • (a) the name of the original vendor of the complex; and

  • (b) that the first reseller was the recipient of a previous supply of the complex in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (1) or (2), as the case may be.

• Marginal note:Input tax credit — first reseller

  (5) If a particular person makes a particular taxable supply by way of sale of a condominium complex, or any residential condominium unit located in a condominium complex, to another person under an agreement evidenced in writing, the particular person is the recipient of a previous supply of the complex in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (1) or (2) and tax under subsection 165(2) of the Act is payable in respect of the particular supply, for the purposes of determining an input tax credit of the particular person,

  • (a) if the particular supply is a supply of a condominium complex, the particular person is deemed to have paid, at the time possession of the complex is transferred to the other person, tax in respect of the previous supply of the complex made to the particular person by the original vendor of the complex equal to 2% of the consideration for the previous supply; or

  • (b) if the particular supply is a supply of a residential condominium unit located in a condominium complex, the particular person is deemed to have paid, at the time possession of the unit is transferred to the other person, tax in respect of the previous supply of the complex made to the particular person by the original vendor of the complex equal to 2% of the consideration for the previous supply multiplied by the percentage of total floor space (as defined in subsection 256.2(1) of the Act) of the unit.

• Marginal note:Subsequent reseller — condominium complex

  (6) If a person (in this section referred to as a “subsequent reseller”) acquires a condominium complex and makes a taxable supply by way of sale (in this section referred to as the “subsequent resale”) of the complex or any residential condominium unit located in the complex to a particular person under an agreement evidenced in writing and no tax is payable under subsection 165(2) of the Act pursuant to subsection (3) or this subsection in respect of the acquisition by the subsequent reseller of the complex, no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale if the following conditions are satisfied:

  • (a) the subsequent reseller acquires the complex primarily for the purpose of making a taxable supply by way of sale of the complex or of any residential condominium unit located in the complex;

  • (b) either

    • (i) the subsequent reseller is a builder of the complex or unit, as the case may be, that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the complex or unit, or all or substantially all of the last substantial renovation of the complex or unit and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the complex or unit is transferred and the time possession of the complex or unit is transferred by the subsequent reseller to the particular person has been completed by a person other than the subsequent reseller, or

    • (ii) the subsequent reseller is a builder of the complex or unit, as the case may be, that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and

  • (c) neither the original vendor of the complex nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the complex or unit, as the case may be.

• Marginal note:Subsequent reseller — disclosure

  (7) If a subsequent reseller makes a subsequent resale of a condominium complex, or any residential condominium unit located in a condominium complex, to a particular person and no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6), or no tax would have been payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6) if that subsection were read without reference to paragraph (6)(c), the subsequent reseller shall indicate in writing to the particular person

  • (a) the name of the original vendor of the complex; and

  • (b) that the subsequent reseller was the recipient of a previous supply of the complex or unit, as the case may be, in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (3) or (6), as the case may be.

• Marginal note:Subsequent reseller — residential condominium unit

  (8) If a person (in this section referred to as a “subsequent reseller”) acquires a residential condominium unit and makes a taxable supply by way of sale (in this section referred to as the “subsequent resale”) of the unit to a particular person under an agreement evidenced in writing and no tax is payable under subsection 165(2) of the Act pursuant to subsection (3), (6) or this subsection in respect of the acquisition by the subsequent reseller of the unit, no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale if the following conditions are satisfied:

  • (a) the subsequent reseller acquires that unit primarily for the purpose of making a taxable supply by way of sale of the unit;

  • (b) either

    • (i) the subsequent reseller is a builder of the unit that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the unit, or all or substantially all of the last substantial renovation of the unit and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the unit is transferred and the time possession of the unit is transferred by the subsequent reseller to the particular person has been completed by a person other than the subsequent reseller, or

    • (ii) the subsequent reseller is a builder of the unit that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and

  • (c) neither the original vendor of the complex nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the complex or unit, as the case may be.

• Marginal note:Subsequent reseller — disclosure

  (9) If a subsequent reseller makes a subsequent resale of a residential condominium unit located in a condominium complex to a particular person and no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (8), or no tax would have been payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (8) if that subsection were read without reference to paragraph (8)(c), the subsequent reseller shall indicate in writing to the particular person

  • (a) the name of the original vendor of the complex; and

  • (b) that the subsequent reseller was the recipient of a previous supply of the unit in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (3), (6) or (8), as the case may be.

• Marginal note:Agreement not indicating tax

  (10) If

  • (a) a first reseller or a subsequent reseller of a condominium complex or residential condominium unit makes a taxable supply by way of sale of the complex or unit in a specified province under an agreement of purchase and sale,

  • (b) tax under subsection 165(2) of the Act becomes payable in respect of the taxable supply,

  • (c) the agreement does not indicate in writing

    • (i) the total tax payable in respect of the supply in a manner that clearly indicates the amount of that total and whether or not that amount takes into account any amount to be paid or credited in accordance with subsection 254(4) or 256.21(3) of the Act, and

    • (ii) the total of the rates at which tax is payable in respect of the supply, and

  • (d) the first reseller or subsequent reseller, as the case may be, is required under section 221 of the Act to collect tax in respect of the supply,

  the following rules apply:

  • (e) for the purposes of Part IX of the Act the consideration for the supply is deemed to be the amount determined by the formula

    (100%/A) × B

    where

    A

    is the total of 100% and the rate at which tax under subsection 165(2) of the Act is calculated in respect of the supply, and

    B

    is the consideration for the supply as otherwise determined under Part IX of the Act,

  • (f) for the purposes of Part IX of the Act, the first reseller or subsequent reseller, as the case may be, is deemed to have collected, and the recipient is deemed to have paid, on the earlier of the day ownership of the complex or unit is transferred to the recipient and the day possession of the complex or unit is transferred to the recipient under the agreement, tax under subsection 165(2) of the Act calculated on the consideration for the supply, and

  • (g) for the purposes of Part IX of the Act, if the recipient is entitled to claim a rebate under subsection 254(2) of the Act in respect of the complex and the first reseller or subsequent reseller, as the case may be, pays to, or credits to or in favour of, the recipient the amount of the rebate under that subsection, the recipient is deemed to be entitled to claim a rebate in respect of the complex under subsection 256.21(1) of the Act, the amount of which is determined under subsection 41(2) or (3), and the first reseller or subsequent reseller, as the case may be, is deemed to have credited in favour of the recipient the amount of that rebate in accordance with subsection 256.21(3) of the Act on the earlier of the day ownership of the complex or unit is transferred to the recipient and the day possession of the complex or unit is transferred to the recipient under the agreement.

• Marginal note:Self-assessment on acquisition of real property

  (11) If a particular person is the recipient of a taxable supply by way of sale of a condominium complex or residential condominium unit from another person, tax under subsection 165(2) of the Act is payable in respect of the supply, no tax would have been payable under subsection 165(2) of the Act in respect of the supply if subsection (2) were read without reference to subparagraph (2)(d)(iii), subsection (3) were read without reference to paragraph (3)(e), subsection (6) were read without reference to paragraph (6)(c) or subsection (8) were read without reference to paragraph (8)(c), whichever is applicable in respect of the taxable supply, and the other person would, in the absence of this subsection, be required under section 221 of the Act to collect tax in respect of the supply, the following rules apply:

  • (a) despite section 221 of the Act, the other person is not required to collect tax under subsection 165(2) of the Act in respect of the supply;

  • (b) the particular person shall

    • (i) if the particular person is a registrant and acquired the complex or unit for use or supply primarily in the course of commercial activities of the particular person, on or before the day on or before which the particular person’s return for the reporting period in which the tax became payable is required to be filed, pay the tax payable under subsection 165(2) of the Act in respect of the supply to the Receiver General and report that tax in that return, and

    • (ii) in any other case, on or before the last day of the month following the calendar month in which the tax became payable, pay the tax payable under subsection 165(2) of the Act to the Receiver General and file with the Minister in prescribed manner a return in respect of the tax under subsection 165(2) of the Act in prescribed form containing prescribed information;

  • (c) subsection (10) does not apply in respect of the supply; and

  • (d) for the purposes of determining an input tax credit of the particular person,

    • (i) if the supply is a supply of a condominium complex, the particular person is deemed to have paid, at the time possession of the complex is transferred to the particular person, tax in respect of the supply of the complex equal to 2% of the consideration for the supply of the complex made by the original vendor; or

    • (ii) if the supply is a supply of a residential condominium unit located in a condominium complex, the particular person is deemed to have paid, at the time possession of the unit is transferred to the particular person, tax in respect of the supply of the unit equal to 2% of the consideration for the supply of the condominium complex made by the original vendor multiplied by the percentage of total floor space (as defined in subsection 256.2(1) of the Act) of the unit.

Marginal note:Non-registrant rebate

• 54 (1) For the purposes of subsection 256.21(1) of the Act, if a person that is not a registrant is deemed to have paid tax under subsection 51(5) or (9), 52(5) or (9) or 53(5) or (11) in respect of a residential complex, the person is a prescribed person and the amount of the rebate in respect of the complex under subsection 256.21(1) of the Act is equal to the amount of that tax.

• Marginal note:Application for rebate

  (2) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under subsection (1), must be filed within two years after the day on which the tax referred to in that subsection is deemed to have been paid.

DIVISION 4Transitional New Housing Rebates

Marginal note:Definitions

• 55 (1) The following definitions apply in this Division.

  estimated provincial levy

  prélèvement provincial estimé

  estimated provincial levy, in respect of a rebate in relation to a specified residential complex or a specified single unit residential complex means

  • (a) if, in an application filed for the rebate, the amount applied for is not based on the fair market value of the complex or the consideration for the supply of the complex, the amount determined by the formula

    A × B

    where

    A

    is

    • (i) if the complex is not a residential condominium unit, the number of square metres of the interior floor space of the complex, and

    • (ii) if the complex is a residential condominium unit, the total of

      • (A) the number of square metres of the interior floor space of the unit, and

      • (B) the amount equal to the total number of square metres of interior floor space of the common areas of the condominium complex in which the unit is situated multiplied by the fraction obtained by dividing the number of square metres of interior floor space of the unit by the total number of square metres of interior floor space of all condominium units in the condominium complex, and

    B

    is

    • (i) if the complex is situated in Ontario, $45, or

    • (ii) if the complex is situated in British Columbia, $60; and

  • (b) in any other case, the amount determined by the formula

    A × 2%

    where

    A

    is

    • (i) in the case where a builder of the complex was deemed under section 191 of the Act to have collected, at any time, tax in respect of the complex and the rebate is a rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection 56(4) or 57(4), that is payable to the builder in respect of the complex, the fair market value of the complex at that time,

    • (ii) in the case where tax was deemed under subparagraph 52(1)(e) to have been collected in respect of a supply of the complex and the rebate is a rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection 57(4), that is payable to the builder of the complex, the consideration for the supply,

    • (iii) in the case of a complex that is a residential condominium unit, if tax was deemed under subparagraph 53(1)(e) to have been collected in respect of a supply of the condominium complex in which the unit is situated and the rebate is a rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection 57(4), that is payable to the builder of the complex, the portion of the consideration for the supply that is attributable to that unit,

    • (iv) in the case of a rebate under subsection 256.21(1) of the Act, in respect of which subparagraph (i) does not apply and the amount of which is determined under subsection 56(4), that is payable to an individual in respect of the complex, the consideration for the supply by way of sale of the complex to the individual, or

    • (v) in the case of a rebate under subsection 256.21(1) of the Act, in respect of which subparagraphs (i) to (iii) do not apply and the amount of which is determined under subsection 57(4), that is payable to a builder in respect of the complex, the consideration for the supply by way of sale of the complex by the builder. (prélèvement provincial estimé)

  specified residential complex

  immeuble d’habitation déterminé

  specified residential complex means

  • (a) a multiple unit residential complex (other than a multiple unit residential complex referred to in the definition single unit residential complex in subsection 254(1) of the Act) or an addition to a multiple unit residential complex, if the construction or last substantial renovation of the complex or addition began before July 1, 2010 and subsection 191(3) or (4) of the Act, as the case may be, did not apply, and would not have applied, in the absence of subsections 191(5) to (7) of the Act, after the day on which the construction or last substantial renovation began and before July 1, 2010, to deem a supply of the complex or addition to have been made; or

  • (b) a residential condominium unit in a condominium complex where the construction or last substantial renovation of the condominium complex began before July 1, 2010 and neither subsection 191(1) nor (2) of the Act applied, and would not have applied, in the absence of subsections 191(5) to (7) of the Act, after the construction or last substantial renovation began and before July 1, 2010, to deem a supply of the unit to have been made. (immeuble d’habitation déterminé)

  specified single unit residential complex

  immeuble d’habitation à logement unique déterminé

  specified single unit residential complex means a residential complex, other than a floating home or a mobile home,

  • (a) that is a single unit residential complex (within the meaning of subsection 254(1) of the Act);

  • (b) the construction or last substantial renovation of which began before July 1, 2010; and

  • (c) that was not occupied by any individual as a place of residence or lodging after the construction or last substantial renovation began and before July 1, 2010. (immeuble d’habitation à logement unique déterminé)

• Marginal note:Interior floor space

  (2) Subject to subsection (3), for the purposes of this Division, the interior floor space of a complex or unit includes the width of its enclosing walls that are not adjacent to any other complex or unit and half of the width of its enclosing walls that are adjacent to another complex or unit.

• Marginal note:Interior floor space

  (3) The interior floor space of a complex and of the common areas of a condominium complex does not include

  • (a) storage rooms, attics and basements, unless finished to a standard comparable to the living areas of the complex

    • (i) by the builder that supplies the complex to the person entitled to claim a rebate in respect of the complex, the amount of which is determined under this Division, or by any previous builder of the complex, if the complex is a specified single unit residential complex, and

    • (ii) by a builder of the complex, in any other case;

  • (b) parking areas; and

  • (c) areas set aside for the placement of equipment for the heating or cooling of, or the supply of water, gas or electricity to, the complex or the condominium complex.

Marginal note:Rebate for a specified single unit residential complex

• 56 (1) For the purposes of subsection 256.21(1) of the Act, the following circumstances are prescribed circumstances in respect of a specified single unit residential complex:

  • (a) a builder of the complex

    • (i) is deemed under section 191 of the Act to have made a taxable supply of the complex as a consequence of giving possession or use of the complex to a person under a lease, licence or similar arrangement or occupying it as a place of residence, or

    • (ii) makes a taxable supply by way of sale of the complex to an individual;

  • (b) the complex is situated in a specified province;

  • (c) tax under subsection 165(2) of the Act is payable in respect of the supply;

  • (d) if subparagraph (a)(i) applies, first possession or use of the complex as a place of residence, after substantial completion of its construction or last substantial renovation, occurs on or after July 1, 2010 and before July 1, 2014;

  • (e) if subparagraph (a)(ii) applies, possession of the complex is transferred to the individual on or after July 1, 2010 and before July 1, 2014; and

  • (f) that construction or last substantial renovation of the complex is 10% or more completed immediately after June 2010.

• Marginal note:Prescribed property and person

  (2) If the circumstances described in subsection (1) are satisfied in respect of a complex, for the purposes of subsection 256.21(1) of the Act, the complex is prescribed property and

  • (a) in the case described in subparagraph (1)(a)(i), the builder referred to in paragraph (1)(a) is a prescribed person; and

  • (b) in the case described in subparagraph (1)(a)(ii), the individual referred to in that subparagraph is a prescribed person.

• Marginal note:Assignment of rebate

  (3) If the circumstances described in subsection (1) are satisfied in respect of a complex and subparagraph (1)(a)(ii) applies in respect the complex, for the purposes of subsection 256.21(6) of the Act, the rebate under subsection 256.21(1) of the Act in respect of the complex, the amount of which is determined under subsection (4), is a prescribed rebate and that rebate may be assigned to the builder of the complex referred to paragraph (1)(a).

• Marginal note:Amount of rebate

  (4) If the circumstances described in subsection (1) are satisfied in respect of a complex, for the purposes of subsection 256.21(1) of the Act, the amount of the rebate in respect of the complex under that subsection is

  • (a) 100% of the estimated provincial levy for the complex if the construction or last substantial renovation of the complex is, immediately after June 2010, 90% or more completed;

  • (b) 90% of the estimated provincial levy for the complex if the construction or last substantial renovation of the complex is, immediately after June 2010, 75% or more but less than 90% completed;

  • (c) 75% of the estimated provincial levy for the complex if the construction or last substantial renovation of the complex is, immediately after June 2010, 50% or more but less than 75% completed;

  • (d) 50% of the estimated provincial levy for the complex if the construction or last substantial renovation of the complex is, immediately after June 2010, 25% or more but less than 50% completed; or

  • (e) 25% of the estimated provincial levy for the complex if the construction or last substantial renovation of the complex is, immediately after June 2010, 10% or more but less than 25% completed.

Marginal note:Rebate for specified residential complex

• 57 (1) For the purposes of subsection 256.21(1) of the Act, the following circumstances are prescribed circumstances in respect of a specified residential complex:

  • (a) immediately before July 1, 2010, a builder of the specified residential complex situated in a specified province owns or has possession of the complex;

  • (b) the builder referred to in paragraph (a) had not, before July 1, 2010, transferred ownership or possession of the complex under an agreement of purchase and sale to any person who is not a builder of the complex;

  • (c) if the specified residential complex is not a residential condominium unit, the construction of the complex or, in the case of a substantial renovation, the last substantial renovation of the complex, is, immediately after June 2010, 10% or more completed;

  • (d) if the specified residential complex is a residential condominium unit that is being substantially renovated and the condominium complex in which the residential condominium unit is situated is not being substantially renovated, the last substantial renovation of the specified residential complex, is, immediately after June 2010, 10% or more completed; and

  • (e) if the specified residential complex is a residential condominium unit and the condominium complex in which the unit is situated is being constructed or substantially renovated, the construction of the condominium complex or, in the case of a substantial renovation, the last substantial renovation of the condominium complex, is, immediately after June 2010, 10% or more completed.

• Marginal note:Prescribed property and person

  (2) If the circumstances described in subsection (1) are satisfied in respect of a specified residential complex, for the purposes of subsection 256.21(1) of the Act, the complex is prescribed property and the builder of the complex is a prescribed person.

• Marginal note:Exception — prescribed person

  (3) If subsections 191(1) to (4) of the Act do not apply to a builder of a specified residential complex as a consequence of the application of any of subsections 191(5) to (7) of the Act, the builder is deemed never to have been a prescribed person under subsection (2) in respect of the complex for the purposes of subsection 256.21(1) of the Act.

• Marginal note:Amount of rebate

  (4) If the circumstances described in subsection (1) are satisfied in respect of a specified residential complex, for the purposes of subsection 256.21(1) of the Act, the amount of the rebate under that subsection is

  • (a) if the specified residential complex is not a residential condominium unit,

    • (i) 100% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the specified residential complex is, immediately after June 2010, 90% or more completed,

    • (ii) 90% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the specified residential complex is, immediately after June 2010, 75% or more but less than 90% completed,

    • (iii) 75% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the specified residential complex is, immediately after June 2010, 50% or more but less than 75% completed,

    • (iv) 50% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the specified residential complex is, immediately after June 2010, 25% or more but less than 50% completed, or

    • (v) 25% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the specified residential complex is, immediately after June 2010, 10% or more but less than 25% completed;

  • (b) if the specified residential complex is a residential condominium unit that is being substantially renovated and the condominium complex in which the residential condominium unit is situated is not being substantially renovated,

    • (i) 100% of the estimated provincial levy for the specified residential complex if the substantial renovation of the specified residential complex is, immediately after June 2010, 90% or more completed,

    • (ii) 90% of the estimated provincial levy for the specified residential complex if the substantial renovation of the specified residential complex is, immediately after June 2010, 75% or more but less than 90% completed,

    • (iii) 75% of the estimated provincial levy for the specified residential complex if the substantial renovation of the specified residential complex is, immediately after June 2010, 50% or more but less than 75% completed,

    • (iv) 50% of the estimated provincial levy for the specified residential complex if the substantial renovation of the specified residential complex is, immediately after June 2010, 25% or more but less than 50% completed, or

    • (v) 25% of the estimated provincial levy for the specified residential complex if the substantial renovation of the specified residential complex is, immediately after June 2010, 10% or more but less than 25% completed; or

  • (c) if the specified residential complex is a residential condominium unit and the condominium complex in which the unit is situated is being constructed or substantially renovated,

    • (i) 100% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the condominium complex in which the unit is situated is, immediately after June 2010, 90% or more completed,

    • (ii) 90% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the condominium complex in which the unit is situated is, immediately after June 2010, 75% or more but less than 90% completed,

    • (iii) 75% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the condominium complex in which the unit is situated is, immediately after June 2010, 50% or more but less than 75% completed,

    • (iv) 50% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the condominium complex in which the unit is situated is, immediately after June 2010, 25% or more but less than 50% completed, or

    • (v) 25% of the estimated provincial levy for the specified residential complex if the construction or last substantial renovation of the condominium complex in which the unit is situated is, immediately after June 2010, 10% or more but less than 25% completed.

Marginal note:Application for rebate

• 58 (1) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under this Division, must be filed before July 1, 2014.

• Marginal note:Restriction

  (2) If a person is the builder of a complex, the Minister shall pay a rebate in respect of the complex to the person under subsection 256.21(1) of the Act, the amount of which is determined under subsection 56(4) or 57(4), only if the Minister is satisfied, by a certificate, statement or other documentary evidence as the Minister may require, that the person is in good standing with respect to the payment of all taxes, and fees relating to the construction activities of the builder, imposed under an Act of the legislature of the province in which the residential complex is situated.

• Marginal note:Rebate based on floor space

  (3) In determining under subsection 57(4) the amount of a rebate payable to a person in respect of a residential complex, the estimated provincial levy for the complex must be determined based on the interior floor space of the complex if the person applies for the rebate before the day on which tax under Part IX of the Act becomes payable in respect of a supply of the complex by the person.

PART 10Application

59 Sections 1 and 40, subsections 47(1), (2), (12) and (13) and sections 48 to 53 are deemed to have come into force on June 18, 2009.

60 Part 1, sections 22, 37 and 38, subsections 47(11), (14) and (15) and sections 54 to 58 come into force, or are deemed to have come into force, on July 1, 2010.

61 Part 2 applies to any allowance paid by a person on or after July 1, 2010.

62 Part 3 applies to supplies made by independant sales contractors on or after the later of July 1, 2010 and the day on which these Regulations are first published in the Canada Gazette.

63 Part 4 applies in respect of the bringing into a participating province of a vehicle or aircraft from another participating province on or after July 1, 2010.

64 Section 6 is deemed to have come into force on February 25, 2010.

65 Sections 7, 13 to 15, 20, 21, 24 and 25 apply

• (a) to any supply made on or after July 1, 2010; and

• (b) in respect of any consideration for a supply that becomes due, or is paid without having become due, on or after July 1, 2010.

66 Sections 8 to 12, 16 to 19 and 23 come into force, or are deemed to have come into force, on July 1, 2010, except that section 9 is to be read without reference to paragraph (a) of the description of D with respect to property that a person brings into a participating province from Ontario, Nova Scotia or British Columbia (each of which is in this section referred to as the “listed province”) if the property was acquired in, or brought into, the listed province by the person before July 2010 and was not removed from the listed province until after June 2010.

67 Sections 26 to 36 apply in respect of any reporting period of a person that ends on or after July 1, 2010, except that, for the purposes of subsection 36(2), if any reporting period referred to in the portion of that subsection before the formula ends before April 1, 2011, the reference in that subsection to “a reporting period of the person that includes the last day of that fiscal year or for a reporting period of the person that begins after that fiscal year and ends on or before the last day of the third fiscal month following the last day of that fiscal year” is to be read as a reference to “the reporting period that includes April 1, 2011”.

68 Section 39 applies for the purposes of determining any rebate under section 253 of the Act in respect of 2010 and subsequent years.

69 Section 41 applies in respect of a residential complex that is supplied by way of sale, if ownership and possession are transferred under the agreement for the supply on or after July 1, 2010.

• 70 (1) Subparagraphs 42(a)(i) to (iii) and (d)(i) to (iii) apply for the purposes of determining a rebate in respect of a supply, to a particular individual referred to in subsection 254.1(2) of the Act, of a building or part of it in which a residential unit forming part of a residential complex is situated if the supply of the complex referred to in paragraph 254.1(2)(d) of the Act is deemed under section 191 of the Act to have been made on or after July 1, 2010, unless no tax is payable under subsection 165(2) of the Act in respect of the supply referred to in that paragraph.

• (2) Subparagraphs 42(a)(iv) and (v) and (d)(iv) and (v) apply for the purposes of determining a rebate in respect of a supply, to a particular individual referred to in subsection 254.1(2) of the Act, of a building or part of it in which a residential unit forming part of a residential complex is situated if the supply of the complex referred to in paragraph 254.1(2)(d) of the Act is deemed under section 191 of the Act to have been made on or after the later of July 1, 2010 and the day on which these Regulations are first published in the Canada Gazette, unless no tax is payable under subsection 165(2) of the Act in respect of the supply referred to in that paragraph.

• (3) Subparagraphs 42(b)(i) to (iii), (c)(i) to (iii) and (e)(i) to (iii) apply for the purposes of determining a rebate in respect of a supply, to a particular individual referred to in subsection 254.1(2) of the Act, of a building or part of it in which a residential unit forming part of a residential complex is situated if the supply of the complex referred to in paragraph 254.1(2)(d) of the Act is deemed under section 191 of the Act to have been made on or after July 1, 2010, unless the agreement referred to in paragraph 254.1(2)(a) of the Act between the particular individual and the builder is entered into on or before April 6, 2010.

• (4) Subparagraphs 42(b)(iv) and (v), (c)(iv) and (v) and (e)(iv) and (v) apply for the purposes of determining a rebate in respect of a supply, to a particular individual referred to in subsection 254.1(2) of the Act, of a building or part of it in which a residential unit forming part of a residential complex is situated if the supply of the complex referred to in 254.1(2)(d) of the Act is deemed under section 191 of the Act to have been made on or after the later of July 1, 2010 and the day on which these Regulations are first published in the Canada Gazette, unless the agreement referred to in paragraph 254.1(2)(a) of the Act between the particular individual and the builder is entered into before that day.

71 Section 43 applies in respect of a building or part of it in which a residential unit forming part of a residential complex is situated if possession of the unit is given to the particular individual referred to in subsection 254.1(2) of the Act on or after July 1, 2010, unless the builder of the complex is deemed under section 191 of the Act to have made a supply of the complex in respect of which tax under subsection 165(2) of the Act did not apply.

• 72 (1) Subparagraphs 44(a)(i) to (iii) and (d)(i) to (iii) apply for the purposes of determining a rebate in respect of a supply, by a cooperative housing corporation to a particular individual, of a share of the capital stock of the corporation if the rebate application is filed on or after July 1, 2010, unless the corporation paid no tax under subsection 165(2) of the Act in respect of the supply referred to in paragraph 255(2)(a) of the Act of the complex to the corporation.

• (2) Subparagraphs 44(a)(iv) and (v) and (d)(iv) and (v) apply for the purposes of determining a rebate in respect of a supply, by a cooperative housing corporation to a particular individual, of a share of the capital stock of the corporation if the rebate application is filed on or after the later of July 1, 2010 and the day on which these Regulations are first published in the Canada Gazette, unless the corporation paid no tax under subsection 165(2) of the Act in respect of the supply referred to in paragraph 255(2)(a) of the Act of the complex to the corporation.

• (3) Subparagraphs 44(b)(i) to (iii) apply for the purposes of determining a rebate in respect of a supply, by a cooperative housing corporation to a particular individual, of a share of the capital stock of the corporation acquired by the particular individual for the purpose of using a residential unit in a residential complex as the primary place of residence of the particular individual or a relation (as defined in subsection 255(1) of the Act) of the particular individual if the corporation paid tax under subsection 165(2) of the Act at a rate of 10% in respect of a taxable supply of the residential complex to the corporation, unless the agreement referred to in paragraph 255(2)(c) of the Act between the particular individual and the corporation is entered into on or before April 6, 2010.

• (4) Subparagraphs 44(b)(iv) and (v) apply for the purposes of determining a rebate in respect of a supply, by a cooperative housing corporation to a particular individual, of a share of the capital stock of the corporation acquired by the particular individual for the purpose of using a residential unit in a residential complex as the primary place of residence of the particular individual or a relation (as defined in subsection 255(1) of the Act) of the particular individual if the corporation paid tax under subsection 165(2) of the Act at a rate of 10% in respect of a taxable supply of the residential complex to the corporation, unless the agreement referred to in paragraph 255(2)(c) of the Act between the particular individual and the corporation is entered into before the later of July 1, 2010 and the day on which these Regulations are first published in the Canada Gazette.

• (5) Subparagraphs 44(c)(i) to (iii) and (e)(i) to (iii) apply for the purposes of determining a rebate in respect of a supply, by a cooperative housing corporation to a particular individual, of a share of the capital stock of the corporation if the rebate application is filed after April 6, 2010, unless the agreement referred to in paragraph 255(2)(c) of the Act between the particular individual and the corporation is entered into on or before that day.

• (6) Subparagraphs 44(c)(iv) and (v) and (e)(iv) and (v) apply for the purposes of determining a rebate in respect of a supply, by a cooperative housing corporation to a particular individual, of a share of the capital stock of the corporation if the rebate application is filed on or after the later of July 1, 2010 and the day on which these Regulations are first published in the Canada Gazette, unless the agreement referred to in paragraph 255(2)(c) of the Act between the particular individual and the corporation is entered into before that day.

73 Section 45 applies in respect of a supply, by a cooperative housing corporation to an individual, of a share of the capital stock of the corporation if the individual is acquiring the share for the purpose of using a residential unit in a residential complex and the possession of the unit is first given on or after July 1, 2010 to the individual as an incidence of ownership of the share, unless tax under subsection 165(2) of the Act did not apply to the supply, referred to in paragraph 255(2)(a) of the Act, of the complex to the corporation.

74 Section 46 applies in respect of a residential complex in respect of which the particular individual referred to in paragraph 256(2)(c) of the Act paid tax under subsection 165(2), section 212.1 or 218.1 or any of sections 220.05 to 220.07 of the Act in respect of the land that forms part of the complex or an interest therein or in respect of any improvement to the land or complex.

• 75 (1) Subsections 47(3) and (4) apply in respect of a residential complex, an interest in a residential complex or an addition if the particular time referred to in paragraph 256.2(3)(b) of the Act in respect of the residential complex, interest or addition is on or after July 1, 2010.

• (2) Subsections 47(5) and (6) apply in respect of a residential complex or addition if the particular time referred to in paragraph 256.2(4)(c) of the Act in respect of the residential complex or addition is on or after July 1, 2010.

• (3) Subsections 47(7) and (8) apply in respect of a residential unit included in a residential complex if possession of the unit is first given on or after July 1, 2010 as an incidence of ownership of a share of a cooperative housing corporation, unless tax under subsection 165(2) of the Act did not apply to the supply of the complex to the corporation referred to in subparagraph 256.2(5)(a)(i) or (ii) of the Act, as the case may be.

• (4) Subsections 47(9) and (10) apply in respect of land if the exempt supply of the land referred to in paragraph 256.2(6)(a) of the Act is made on or after July 1, 2010.