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Draft Amendments to the Excise Tax Act
1. (1) Subsection 254(2.1) of the Excise Tax Act is replaced by the following:
Owner-occupant of a residential unit
(2.01) For the purpose of subsection (2.1), an individual is an owner-occupant of a residential unit at any time if it is the primary place of residence of the individual at that time and
(a) it is owned at that time by the individual or by another individual who is their spouse or common-law partner at that time; or
(b) it is in a residential complex of a cooperative housing corporation and the individual, or another individual who is their spouse or common-law partner at that time, holds at that time a share of the capital stock of the corporation for the purpose of using the residential unit.
Relevant transfer date
(2.02) For the purpose of subsection (2.1), the relevant transfer date of a residential complex that is supplied by way of sale to a particular individual is the earlier of the day on which ownership of the complex is transferred to the particular individual and the day on which possession of the complex is transferred to the particular individual under the agreement for the supply.
Rebate in Nova Scotia
(2.1) Where
(a) a particular individual is entitled to a rebate under subsection (2), or to be paid or credited the amount of such a rebate under subsection (4), in respect of a residential complex that is a single unit residential complex, or a residential condominium unit, for use, in Nova Scotia, as the primary place of residence of the particular individual or of a relation of the particular individual, or the particular individual would be so entitled if the total consideration (within the meaning of paragraph (2)(c) in respect of the complex were less than $450,000,
(b) it is the case that
(i) neither the particular individual, nor any other individual who is their spouse or common-law partner on the relevant transfer date, was an owner-occupant of a residential unit in any other residential complex in Canada during the period (in this paragraph referred to as the "relevant period") that begins on the first day of the first full calendar month in the five-year period ending on the relevant transfer date and that ends on the relevant transfer date, or
(ii) on the last day on which any of the individuals referred to in subparagraph (i) was an owner-occupant of a residential unit in a residential complex in Canada during the relevant period, that residential unit was destroyed otherwise than voluntarily by any of them, and
(c) if, at the time referred to in paragraph (2)(b), the particular individual is acquiring the complex for use as the primary place of residence of a relation of the particular individual, but not for use as the primary place of residence of the particular individual or of their spouse or common-law partner, the circumstances described in subparagraph (b)(i) or (ii) would be satisfied if the references in those subparagraphs to the particular individual were references to the relation,
the Minister shall, subject to subsection (3), pay a rebate to the particular individual, in addition to the rebate, if any, payable under subsection (2) to the particular individual, equal to the lesser of $1,500 and the amount determined by the formula
A x B
where
A is 18.75%; and
B is the total of all tax under subsection 165(2) payable in respect of the supply of the complex to the particular individual and in respect of any other supply to the particular individual of an interest in the complex.
(2) Subsection (1) applies for the purpose of determining a rebate of an individual in respect of a residential complex if
(a) the agreement of purchase and sale of the complex is entered into by the individual after 2001;
(b) the complex is first occupied as the primary place of residence of the individual, or a relation of the individual (as defined in subsection 254(1) of the Act), after June 2002; or
(c) ownership and possession of the complex are transferred to the individual after June 2002 under the agreement of purchase and sale of the complex entered into by the individual.
2. (1) Subsection 254.1(2.1) of the Act is replaced by the following:
Owner-occupant of a residential unit
(2.01) For the purpose of subsection (2.1), an individual is an owner-occupant of a residential unit at any time if it is the primary place of residence of the individual at that time and
(a) it is owned at that time by the individual or by another individual who is their spouse or common-law partner at that time; or
(b) it is in a residential complex of a cooperative housing corporation and the individual, or another individual who is their spouse or common-law partner at that time, holds at that time a share of the capital stock of the corporation for the purpose of using the residential unit.
Relevant transfer date
(2.02) For the purpose of subsection (2.1), the relevant transfer date of a complex to a particular individual is the day on which possession of the complex is transferred to the particular individual.
Rebate in Nova Scotia
(2.1) Where
(a) a particular individual is entitled to a rebate under subsection (2), or to be paid or credited the amount of such a rebate under subsection (4), in respect of a residential complex situated in Nova Scotia, or would be so entitled if the fair market value of the complex, at the time possession of the complex is given to the particular individual under the agreement for the supply of the complex to the individual, were less than $481,500,
(b) it is the case that
(i) neither the particular individual, nor any other individual who is their spouse or common-law partner on the relevant transfer date, was an owner-occupant of a residential unit in any other residential complex in Canada during the period (in this paragraph referred to as the "relevant period") that begins on the first day of the first full calendar month in the five-year period ending on the relevant transfer date and that ends on the relevant transfer date, or
(ii) on the last day when any of the individuals referred to in subparagraph (i) was an owner-occupant of a residential unit in a residential complex in Canada during the relevant period, that residential unit was destroyed otherwise than voluntarily by any of them, and
(c) if, at the time referred to in paragraph (2)(b), the particular individual is acquiring the complex for use as the primary place of residence of a relation of the particular individual, but not for use as the primary place of residence of the particular individual or of their spouse or common-law partner, the circumstances described in subparagraph (b)(i) or (ii) would be satisfied if the references in those subparagraphs to the particular individual were references to the relation,
the Minister shall, subject to subsection (3), pay a rebate to the particular individual, in addition to the rebate, if any, payable under subsection (2) to the particular individual, equal to the lesser of $1,500 and 1.39% of the total consideration (within the meaning of paragraph (2)(h)) in respect of the complex.
(2) Subsection (1) applies for the purpose of determining a rebate of an individual in respect of a building or part of a building in which a residential unit forming part of a residential complex is situated if
(a) the agreement under which the building or part is supplied by way of sale to the individual is entered into by the individual after 2001;
(b) the complex is first occupied as the primary place of residence of the individual, or a relation of the individual (as defined in subsection 254.1(1) of the Act), after June 2002; or
(c) possession of the complex is transferred to the individual after June 2002 under the agreement under which the building or part is supplied by way of sale to the individual.
3. (1) Subsection 255(2.1) of the Act is replaced by the following:
Owner-occupant of a residential unit
(2.01) For the purpose of subsection (2.1), an individual is an owner-occupant of a residential unit at any time if it is the primary place of residence of the individual at that time and
(a) it is owned at that time by the individual or by another individual who is their spouse or common-law partner at that time; or
(b) it is in a residential complex of a cooperative housing corporation and the individual, or another individual who is their spouse or common-law partner at that time, holds at that time a share of the capital stock of the corporation for the purpose of using the residential unit.
Relevant transfer date
(2.02) For the purpose of subsection (2.1), the relevant transfer date of a share of the capital stock of a cooperative housing corporation that is supplied to a particular individual is the day on which ownership of the share is transferred to the particular individual.
Rebate in Nova Scotia
(2.1) Where
(a) a particular individual has acquired a share of the capital stock of a cooperative housing corporation for the purpose of using a residential unit in a residential complex of the corporation that is situated in Nova Scotia as the primary place of residence of the particular individual or of a relation of the particular individual,
(b) the corporation has paid tax under subsection 165(2) in respect of a taxable supply to the corporation of the complex,
(c) the particular individual is entitled to a rebate under subsection (2) 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 particular individual of the share or an interest in the corporation, complex or unit, were less than $481,500,
(d) it is the case that
(i) neither the particular individual, nor any other individual who is their spouse or common-law partner on the relevant transfer date, was an owner-occupant of a residential unit in any other residential complex in Canada during the period (in this paragraph referred to as the "relevant period") that begins on the first day of the first full calendar month in the five-year period ending on the relevant transfer date and that ends on the relevant transfer date, or
(ii) on the last day when any of the individuals referred to in subparagraph (i) was an owner-occupant of a residential unit in a residential complex in Canada during the relevant period, that residential unit was destroyed otherwise than voluntarily by any of them, and
(e) if, at the time referred to in paragraph (2)(c), the particular individual is acquiring the share for the purpose of using a residential unit in the complex as the primary place of residence of a relation of the particular individual, but not for use as the primary place of residence of the particular individual or of their spouse or common-law partner, the circumstances described in subparagraph (d)(i) or (ii) would be satisfied if the references in those subparagraphs to the particular individual were references to the relation,
the Minister shall, subject to subsection (3), pay a rebate to the particular individual, in addition to the rebate, if any, payable under subsection (2) to the particular individual, equal to the lesser of $1,500 and 1.39% of the total consideration.
(2) Subsection (1) applies for the purpose of determining a rebate of an individual in respect of a share of the capital stock of a cooperative housing corporation if
(a) the agreement of purchase and sale of the share is entered into by the individual after 2001;
(b) the residential unit in respect of which the individual was acquiring the share at the time referred to in paragraph 255(2)(c) of the Act is first occupied as the primary place of residence of the individual, or a relation of the individual (as defined in subsection 255(1) of the Act), after June 2002; or
(c) ownership of the share is transferred to the individual after June 2002.
4. (1) Subsection 256(2.1) of the Act is replaced by the following:
Owner-occupant of a residential unit
(2.02) For the purpose of subsection (2.1), an individual is an owner-occupant of a residential unit at any time if it is the primary place of residence of the individual at that time and
(a) it is owned at that time by the individual or by another individual who is their spouse or common-law partner at that time; or
(b) it is in a residential complex of a cooperative housing corporation and the individual, or another individual who is their spouse or common-law partner at that time, holds at that time a share of the capital stock of the corporation for the purpose of using the residential unit.
Relevant completion date
(2.03) For the purpose of subsection (2.1), the relevant completion date of a residential complex that a particular individual has constructed or has engaged another person to construct is the day on which that construction is substantially completed.
Rebate in Nova Scotia
(2.1) Where
(a) a particular individual is entitled to a rebate under subsection (2) in respect of a residential complex that the particular individual has constructed or has engaged another person to construct and that is for use, in Nova Scotia, as the primary place of residence of the particular individual or a relation of the particular individual, or the particular individual would be so entitled if the fair market value of the complex, at the time the construction of the complex is substantially completed, were less than $450,000,
(b) the particular individual has paid all of the tax payable by the particular individual in respect of the supply by way of sale to the particular individual of the land that forms part of the complex or an interest therein or in respect of the supply to, importation by, or bringing into Nova Scotia by, the particular individual of any improvement to the complex 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, 220.05, 220.06 and 220.07 is referred to in this subsection as the "total tax in respect of the province paid by the particular individual"),
(c) it is the case that
(i) neither the particular individual, nor any other individual who is their spouse or common-law partner on the relevant completion date, was an owner-occupant of a residential unit in any other residential complex in Canada during the period (in this paragraph referred to as the "relevant period") that begins on the first day of the first full calendar month in the five-year period ending on the relevant completion date and that ends on the relevant completion date, or
(ii) on the last day when any of the individuals referred to in subparagraph (i) was an owner-occupant of a residential unit in a residential complex in Canada during the relevant period, that residential unit was destroyed otherwise than voluntarily by any of them, and
(d) if the particular individual has constructed or has engaged another person to construct the complex for use as the primary place of residence of a relation of the particular individual, but not for use as the primary place of residence of the particular individual or of their spouse or common-law partner, the circumstances described in subparagraph (c)(i) or (ii) would be satisfied if the references in those subparagraphs to the particular individual were references to the relation,
the Minister shall, subject to subsection (3), pay a rebate to the particular individual, in addition to the rebate, if any, payable under subsection (2) to the particular individual, equal to the lesser of $1,500 and 18.75% of the total tax in respect of the province paid by the particular individual.
(2) Subsection (1) applies for the purpose of determining a rebate of an individual in respect of a residential complex that the individual has constructed or engaged another person to construct if
(a) the building permit for that construction is issued after 2001; or
(b) the complex is first occupied as the primary place of residence of the individual, or a relation of the individual (as defined in subsection 256(1) of the Act), after June 2002.
5. (1) The portion of the definition "practitioner" in section 1 of Part II of Schedule V to the Act before paragraph (b) is replaced by the following:
"practitioner", in respect of a supply of optometric, chiropractic, physiotherapy, chiropodic, podiatric, osteopathic, audiological, occupational therapy, psychological or dietetic services, means a person who
(a) practises the profession of optometry, chiropractic, physiotherapy, chiropody, podiatry, osteopathy, audiology, occupational therapy, psychology or dietetics, as the case may be,
(2) Subsection (1) is deemed to have come into force on January 1, 1997 except that, in relation to supplies made on or after that day and before 2003, the portion of the definition "practitioner" in section 1 of Part II of Schedule V to the Act before paragraph (b), as enacted by subsection (1), shall be read as follows:
"practitioner", in respect of a supply of optometric, chiropractic, physiotherapy, chiropodic, podiatric, osteopathic, audiological, speech therapy, occupational therapy, psychological or dietetic services, means a person who
(a) practises the profession of optometry, chiropractic, physiotherapy, chiropody, podiatry, osteopathy, audiology, speech therapy, occupational therapy, psychology or dietetics, as the case may be,
6. (1) Section 7 of Part II of Schedule V to the Act is amended by adding the following after paragraph (g):
(h) speech therapy services;
(2) Paragraph 7(h) of Part II of Schedule V to the Act, as enacted by subsection (1), is repealed.
(3) Subsection (1) applies to supplies made after 2001.
(4) Subsection (2) applies to supplies made after 2002.
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| Last Updated: 2002-06-07 |
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