Bill C-93
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42-43-44 ELIZABETH II |
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CHAPTER 38 |
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An Act to amend the Cultural Property Export
and Import Act, the Income Tax Act and
the Tax Court of Canada Act
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[Assented to 5th December, 1995]
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| R.S., c. C-51;
R.S., c. 1 (2nd
Supp.); 1991,
c. 49; 1994, c.
13
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CULTURAL PROPERTY EXPORT AND IMPORT ACT |
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| 1991, c. 49, s.
218(2)
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1. Subsections 32(4) and (5) of the
Cultural Property Export and Import Act are
replaced by the following:
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| Determination
within four
months
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(4) The Review Board shall consider a
request made under subsection (1) and, unless
the circumstances of a particular case require
otherwise, make a determination within four
months after the date the request is received
and shall give notice of the determination in
writing or by electronic means to the person
who has disposed of, or who proposes to
dispose of, the object and, where the request
was made by a designated institution or public
authority, to the designated institution or
public authority.
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| Redeterminati
on
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(5) Where the Review Board has, under
subsection (4), determined the fair market
value of an object in respect of its disposition
or proposed disposition, the Review Board
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| Decision
within four
months and
notice of
redeterminatio
n
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(6) In the case of a redetermination under
paragraph (5)(a), the Review Board shall,
unless the circumstances of a particular case
require otherwise, make the redetermination
within four months after it receives the request
under that paragraph and shall give notice of
the redetermination in writing or by electronic
means to the person who made the request.
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| Notice of
redeterminatio
n where no
request
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(7) In the case of a redetermination under
paragraph (5)(b), the Review Board shall give
notice of the redetermination in writing or by
electronic means to the person who has
disposed of, or who proposes to dispose of, the
object and, where the request made under
subsection (1) in relation to the object was
made by a designated institution or public
authority, to the designated institution or
public authority.
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| Limitation
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(8) Unless the circumstances of a particular
case require otherwise, the Review Board
shall not redetermine the fair market value of
an object more than once.
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| Redeterminati
on final and
conclusive
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(9) A redetermination under subsection (5)
in respect of a proposed disposition is not
subject to appeal to or review by any court.
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| 1991, c. 49, s.
219(1)
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2. Section 33 of the Act is replaced by the
following:
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| Income tax
certificate
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33. (1) Where the Review Board determines
or redetermines the fair market value of an
object in respect of which a request was made
under section 32 and determines that the
object meets the criteria set out in paragraphs
29(3)(b) and (c), it shall, where the object has
been irrevocably disposed of to a designated
institution or public authority, issue to the
person who made the disposition a certificate
attesting to the fair market value and to the
meeting of those criteria, in such form as the
Minister of National Revenue may specify.
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| Copy to
Minister of
National
Revenue
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(1.1) The Review Board shall send a copy
of a certificate referred to in subsection (1) to
the Minister of National Revenue.
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| Where more
than one
certificate
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(1.2) Where the Review Board has issued
more than one certificate referred to in
subsection (1) in relation to an object, the last
certificate is deemed to be the only certificate
issued by the Review Board in relation to that
object.
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| Communicati
on of
information
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(2) An official of the Department of
Canadian Heritage or a member of the Review
Board may communicate to an official of the
Department of National Revenue, solely for
the purposes of administering the Income Tax
Act, information obtained under this Act for
the purposes of administering this section and
sections 32, 33.1 and 33.2.
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Appeals Before the Tax Court of Canada |
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| Appeal of
redeterminatio
n of fair
market value
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33.1 (1) Any person who has irrevocably
disposed of an object, the fair market value of
which has been redetermined under
subsection 32(5), to a designated institution or
public authority may, within ninety days after
the day on which a certificate referred to in
subsection 33(1) is issued in relation to that
object, appeal the redetermination to the Tax
Court of Canada.
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| Decision of
Court
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(2) On an appeal under subsection (1), the
Tax Court of Canada may confirm or vary the
fair market value and, for the purposes of the
Income Tax Act, the value fixed by the Court
is deemed to be the fair market value of the
object determined by the Review Board in
respect of its disposition.
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| Extension of
time for
appeal
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33.2 (1) Where an appeal has not been
instituted by a person under section 33.1
within the time limited by that section, the
person may make an application to the Tax
Court of Canada for an order extending the
time within which the appeal may be
instituted and the Court may make an order
extending the time for appealing and may
impose such terms as it considers just.
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| Contents of
application
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(2) An application made under subsection
(1) shall set out the reasons why the appeal was
not instituted within the time limited by
section 33.1.
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| How
application
made
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(3) An application under subsection (1)
shall be made by filing in the Registry of the
Tax Court of Canada, or by sending by
registered mail addressed to an office of that
Registry, three copies of the application
accompanied by three copies of the notice of
appeal.
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| Copy to
Deputy
Attorney
General
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(4) The Tax Court of Canada shall send a
copy of each application made under this
section to the office of the Deputy Attorney
General of Canada.
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| When order to
be made
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(5) No order shall be made under this
section unless
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| R.S., c. 1 (5th
Supp.); 1994,
cc. 7, 8, 13,
21, 28, 29, 38,
41; 1995, cc.
1, 3
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INCOME TAX ACT |
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| 1994, c. 7,
Sch. II, s.
88(3)
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3. Subsection 118.1(10) of the Income Tax
Act is replaced by the following:
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| Determination
of fair market
value
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(10) For the purposes of paragraph
110.1(1)(c) and the definition ``total cultural
gifts'' in subsection (1), the fair market value
of an object is deemed to be the fair market
value determined by the Canadian Cultural
Property Export Review Board.
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| Assessments
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(11) Notwithstanding subsections 152(4) to
(5), such assessments or reassessments of a
taxpayer's tax, interest or penalties payable
under this Act for any taxation year shall be
made as are necessary to give effect to a
certificate issued under subsection 33(1) of
the Cultural Property Export and Import Act
or to a decision of a court resulting from an
appeal made pursuant to section 33.1 of that
Act.
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| 1994, c. 7,
Sch. VIII, s.
98(2)
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4. Subsection 165(1.2) of the Act is
replaced by the following:
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| Determination
of fair market
value
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(1.2) Notwithstanding subsection (1), no
objection may be made to an assessment made
under subsection 118.1(11), 152(4.2), 169(3)
or 220(3.1).
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| 1994, c. 7,
Sch. VIII, s.
137(1)
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5. Subparagraph 241(4)(d)(xii) of the Act
is replaced by the following:
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| R.S., c. T-2;
R.S., c. 48 (1st
Supp.), c. 16
(3rd Supp.),
cc. 1, 51 (4th
Supp.); 1988,
c. 61; 1990, c.
45; 1991, c,
49; 1992, c.
24; 1993, c.
27; 1994, c.
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TAX COURT OF CANADA ACT |
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| 1990, c. 45, s.
57(1)
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6. (1) Subsection 12(1) of the Tax Court of
Canada Act is replaced by the following:
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| Jurisdiction
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12. (1) The Court has exclusive original
jurisdiction to hear and determine references
and appeals to the Court on matters arising
under the Canada Pension Plan, the Cultural
Property Export and Import Act, Part IX of the
Excise Tax Act, the Income Tax Act, the Old
Age Security Act, the Petroleum and Gas
Revenue Tax Act and the Unemployment
Insurance Act, where references or appeals to
the Court are provided for in those Acts.
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| 1991, c. 49, s.
221
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(2) Subsection 12(4) of the Act is replaced
by the following:
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| Extensions of
time
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(4) The Court has exclusive original
jurisdiction to hear and determine
applications for extensions of time under
section 166.2 or 167 of the Income Tax Act,
section 304 or 305 of the Excise Tax Act or
section 33.2 of the Cultural Property Export
and Import Act.
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| 1991, c. 49, s.
222
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7. Subsection 18.29(3) of the Act is
replaced by the following:
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| Extensions of
time
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(3) The provisions referred to in subsection
(1) also apply, with such modifications as the
circumstances require, in respect of
applications for extensions of time under
section 166.2 or 167 of the Income Tax Act,
section 304 or 305 of the Excise Tax Act or
section 33.2 of the Cultural Property Export
and Import Act.
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TRANSITIONAL PROVISIONS |
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| Transitional
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8. (1) A person who, before the day on
which this section comes into force, has
irrevocably disposed of, to a designated
institution or public authority, an object,
the fair market value of which was
determined or redetermined by the
Canadian Cultural Property Export
Review Board pursuant to section 32 of the
Cultural Property Export and Import Act
between January 1, 1992 and the day on
which this section comes into force, may,
within six months after the day on which
this section comes into force, appeal the
determination or redetermination to the
Tax Court of Canada.
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| Transitional
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(2) A person who, within six months after
the day on which this section comes into
force, irrevocably disposes of, to a
designated institution or public authority,
an object, the fair market value of which
was determined or redetermined by the
Canadian Cultural Property Export
Review Board pursuant to section 32 of the
Cultural Property Export and Import Act
between January 1, 1992 and the day on
which this section comes into force, may,
within six months after the day of the
disposition, appeal the determination or
redetermination to the Tax Court of
Canada.
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| Application of
certain
provisions
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(3) Subsections 33(2) and 33.1(2) and
section 33.2 of the Cultural Property Export
and Import Act, as enacted by section 2 of
this Act, apply, with such modifications as
the circumstances require, in respect of an
appeal under subsection (1) or (2).
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| Income Tax
Act
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(4) Subsections 118.1(10) and (11) and
165(1.2) of the Income Tax Act, as enacted
by sections 3 and 4 of this Act, apply, with
such modifications as the circumstances
require, with respect to any assessment or
reassessment made to give effect to a court
order made pursuant to an appeal under
subsection (1) or (2).
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| Income Tax
Act
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(5) Subparagraph 241(4)(d)(xii) of the
Income Tax Act, as enacted by section 5 of
this Act, applies for the purposes of an
appeal under subsection (1) or (2).
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CONDITIONAL AMENDMENT |
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| Bill C-70
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9. If Bill C-70, introduced in the first
session of the thirty-fifth Parliament and
entitled An Act to amend the Income Tax
Act, the Income Tax Application Rules and
related Acts, is assented to, then, on the later
of the coming into force of section 70 of that
Act and section 4 of this Act, subsection
165(1.2) of the Income Tax Act is replaced
by the following:
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| Limitation on
objections
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(1.2) Notwithstanding subsections (1) and
(1.1), no objection may be made by a taxpayer
to an assessment made under subsection
118.1(11), 152(4.2), 169(3) or 220(3.1) nor,
for greater certainty, in respect of an issue for
which the right of objection has been waived
in writing by the taxpayer.
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COMING INTO FORCE |
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| Coming into
force
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10. This Act or any provision of this Act
or any provision of any other Act as enacted
by this Act comes into force on a day or days
to be fixed by order of the Governor in
Council.
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