Sustaining Canada’s Economic Recovery Act (S.C. 2010, c. 25)

Full Document:

Assented to 2010-12-15

PART 2 AMENDMENTS IN RESPECT OF EXCISE DUTIES AND SALES AND EXCISE TAXES

91. (1) The definition “fiscal month” in section 2 of the Air Travellers Security Charge Act is replaced by the following:
“fiscal month”
« mois d’exercice »
“fiscal month” means a fiscal month as determined under subsection 16(1).
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“fiscal half-year”
« semestre d’exercice »
“fiscal half-year” means a fiscal half-year as determined under subsection 16(2).
“fiscal year”
« exercice »
“fiscal year” of a designated air carrier means the same period that is the carrier’s fiscal year under Part IX of the Excise Tax Act.
“reporting period”
« période de déclaration »
“reporting period” means a reporting period as determined under section 16.1.

92. The Act is amended by adding the following after section 5:

5.1 (1) For the purposes of this Act, a particular corporation is associated with another corporation if, by reason of subsections 256(1) to (6) of the Income Tax Act, the particular corporation is associated with the other corporation for the purposes of that Act.
Marginal note:Corporations controlled by same person or group
(2) For the purposes of this Act, a person other than a corporation is associated with a particular corporation if the particular corporation is controlled by the person or by a group of persons of which the person is a member and each of whom is associated with each of the others.
Marginal note:Partnership or trust
(3) For the purposes of this Act, a person is associated with
- (a) a partnership if the total of the shares of the profits of the partnership to which the person and all other persons who are associated with the person are entitled is more than half of the total profits of the partnership, or would be more than half of the total profits of the partnership if it had profits; and
- (b) a trust if the total of the values of the interests in the trust of the person and all other persons who are associated with the person is more than half of the total value of all interests in the trust.
Marginal note:Association with third person
(4) For the purposes of this Act, a person is associated with another person if each of them is associated with the same third person.