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Bill C-16

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SUMMARY

The enactment governs the protection and use of security and criminal intelligence in determining the eligibility for registration of a charity under the Income Tax Act. It provides a means to prevent organizations that engage in terrorism or activities in support of terrorism from benefiting from the tax privileges granted to registered charities under that Act. On the basis of a certificate setting out such facts in relation to a charity and found to be reasonable by a judge of the Federal Court, the Minister of National Revenue may refuse to register the charity or revoke the registration of the registered charity.

EXPLANATORY NOTES

Income Tax Act

Clause 15: New.

Clause 16: (1) New.

(2) The relevant portion of subsection 172(4) reads as follows:

(4) For the purposes of subsection 172(3), the Minister shall be deemed to have refused

    . . .

where the Minister has not notified the applicant of the disposition of the application within 180 days after the filing of the application with the Minister, and, in any such case, an appeal from the refusal to the Federal Court of Appeal pursuant to subsection 172(3) may, notwithstanding anything in subsection 180(1), be instituted under section 180 at any time by filing a notice of appeal in the Court.

(3) New.

Clause 17: The relevant portion of subsection 188(1) reads as follows:

188. (1) Where the registration of a charity is revoked, the charity shall, on or before the day (in this subsection referred to as the ``payment day'') in a taxation year that is one year after the day on which the revocation is effective,

    (a) pay a tax under this Part for the year equal to the amount determined by the formula

A + B - C - D - E - F

    where

A is the total of all amounts each of which is the fair market value of an asset of the charity on the day (in this section referred to as the ``valuation day'') that is 120 days before the day on which notice of the Minister's intention to revoke its registration is mailed,

Clause 18: The relevant portion of subsection 239(2.21) reads as follows:

(2.21) Every person

    . . .

    (b) who is an official to whom taxpayer information has been provided for a particular purpose under paragraph 241(4)(a), 241(4)(d), 241(4)(f), 241(4)(i) or 241(4)(j.1)

and who for any other purpose knowingly uses, provides to any person, allows the provision to any person of, or allows any person access to, that information is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months, or to both.

Clause 19: New. The relevant portion of subsection 241(4) reads as follows:

(4) An official may