Bill C-396
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-396 |
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An Act to amend the Income Tax Act (donors
to food banks)
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| Preamble
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Whereas many Canadians find themselves
unable to afford nutritious food to feed
themselves and their families;
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Whereas food banks perform a valuable
service in providing food to persons in need;
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And whereas it is desirable to encourage
the donation of food to food banks, especially
food that would otherwise be wasted;
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Now, therefore, Her Majesty, by and with
the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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| R.S., cc. 1, 2
(5th Supp.);
1994, cc. 7, 8,
13, 21, 28, 29,
38, 41; 1995,
cc. 1, 3, 11,
18, 21, 38, 46;
1996, cc. 11,
21, 23; 1997,
cc. 10, 12, 25,
26; 1998, cc.
19, 21, 34;
1999, cc. 10,
17, 22, 26, 31
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1. The Income Tax Act is amended by
adding the following after section 259:
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| Interpreta- tion
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259.1 (1) In this section,
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| ``food'' « nourriture »
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``food'' means food fit for human
consumption that may, under any
applicable public health law in force in the
place where the food is located, be lawfully
given or distributed;
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| ``food bank'' « banque d'alimenta- tion »
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``food bank'' means a registered charity
whose primary purpose is to provide food
free of charge to persons in need in Canada.
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| Charitable gift
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(2) For the purposes of sections 110.1 and
118.1, a donation of food to a food bank is
deemed to be a charitable gift,
notwithstanding that the cost of the food
donated is also deducted as an expense in
calculating the taxpayer's income.
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| Fair market
value
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(3) The fair market value of food to which
subsection (2) applies is deemed to be the
actual cost of the food to the taxpayer, not
including tax or any costs incurred by the
taxpayer in preparing or transporting the
food.
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2. Section 1 is applicable to the 1999 and
subsequent taxation years
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