Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)

• 14 (1) Paragraph 56(1)(z.3) of the Act is replaced by the following:

  • Marginal note:Pooled registered pension plan

    (z.3) any amount required by section 147.5 to be included in computing the taxpayer’s income for the year other than an amount distributed under a PRPP as a return of all or a portion of a contribution to the plan to the extent that the amount

    • (i) is a payment described under clause 147.5(3)(d)(ii)(A) or (B), and

    • (ii) is not deducted in computing the taxpayer’s income for the year or a preceding taxation year; and

• (2) Subsection (1) is deemed to have come into force on December 14, 2012.

• 15 (1) Clause 56.4(7)(b)(ii)(A) of the Act is replaced by the following:

  • (A) under which the vendor or the vendor’s eligible corporation disposes of property (other than property described in clause (B) or subparagraph (i)) to the purchaser, or the purchaser’s eligible corporation, for consideration that is received or receivable by the vendor, or the vendor’s eligible corporation, as the case may be, or

• (2) Subclause 56.4(7)(c)(i)(B)(I) of the Act is replaced by the following:

  • (I) under which the vendor or the vendor’s eligible corporation disposes of property (other than property described in subclause (II) or clause (A)) to the eligible individual, or the eligible individual’s corporation, for consideration that is received or receivable by the vendor, or the vendor’s eligible corporation, as the case may be, or

• (3) Subparagraphs 56.4(7)(g)(i) and (ii) of the Act are replaced by the following:

  • (i) in the case of subparagraph (b)(i), the vendor, or the vendor’s eligible corporation, if it is required to include the goodwill amount in computing its income, and the purchaser, or the purchaser’s eligible corporation, if it incurs the expenditure that is the goodwill amount to the vendor or the vendor’s eligible corporation, as the case may be, or

  • (ii) in the case of clause (c)(i)(A), the vendor, or the vendor’s eligible corporation, if it is required to include the goodwill amount in computing its income, and the eligible individual, or the eligible individual’s eligible corporation, if it incurs the expenditure that is the goodwill amount to the vendor or the vendor’s eligible corporation, as the case may be.

• (4) Subsections (1) to (3) apply in respect of restrictive covenants granted after September 15, 2016.

• 16 (1) The definition eligible pension income in subsection 60.03(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) the lesser of

    • (i) the total of all amounts received by the individual in the year on account of a retirement income security benefit payable to the individual under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and

    • (ii) the amount, if any, by which the defined benefit limit (as defined in subsection 8500(1) of the Income Tax Regulations) for the year multiplied by 35 exceeds the total of the amounts determined under paragraphs (a) and (b). (revenu de pension déterminé)

• (2) Subsection (1) applies to the 2015 and subsequent taxation years.

• 17 (1) Subsection 62(2) of the Act is replaced by the following:

  • Marginal note:Moving expenses of students

    (2) There may be deducted in computing a taxpayer’s income for a taxation year the amount, if any, that the taxpayer would be entitled to deduct under subsection (1) if the definition eligible relocation in subsection 248(1) were read without reference to subparagraph (a)(i) of that definition and if the word “both” in paragraph (c) of that definition were read as “either or both”.

• (2) Subsection (1) applies to taxation years that end after October 2011.

• 18 (1) The portion of clause (i)(B) of the description of C in paragraph 63(2)(b) of the Act before subclause (I) is replaced by the following:

  • (B) a person certified in writing by a medical doctor or a nurse practitioner to be a person who

• (2) Subsection (1) applies in respect of certifications made after September 7, 2017.

• 19 (1) Paragraph 66(12.601)(b) of the Act is replaced by the following:

  • (b) during the period beginning on the particular day the agreement was entered into and ending on the earlier of December 31, 2018 and the day that is 24 months after the end of the month that included that particular day, the corporation incurred Canadian development expenses (excluding expenses that are deemed by subsection (12.66) to have been incurred on December 31, 2018) described in paragraph (a) or (b) of the definition Canadian development expense in subsection 66.2(5) or that would be described in paragraph (f) of that definition if the words “paragraphs (a) to (e)” in that paragraph were read as “paragraphs (a) and (b)”,

• (2) Subsection (1) comes into force on the day on which this Act receives royal assent except that, in its application in respect of agreements entered into after 2016 and before March 22, 2017, paragraph 66(12.601)(b) of the Act, as enacted by subsection (1), is to be read without reference to the phrase “the earlier of December 31, 2018 and”.

20 Subparagraph (d)(i) of the definition Canadian exploration expense in subsection 66.1(6) of the Act is amended by striking out “and” at the end of clause (A), by adding “and” at the end of clause (B) and by adding the following after clause (B):

• 21 (1) Paragraph 75(3)(d) of the Act is replaced by the following:

  • (d) by a trust if

    • (i) the trust acquired the property, or other property for which the property is a substitute, from a particular individual,

    • (ii) the particular individual acquired the property or the other property, as the case may be, in respect of another individual as a consequence of the operation of subsection 122.61(1) or under section 4 of the Universal Child Care Benefit Act, and

    • (iii) the trust has no beneficiaries (as defined in subsection 108(1)) who may for any reason receive directly from the trust any of the income or capital of the trust other than individuals in respect of whom the particular individual acquired property as a consequence of the operation of a provision described in subparagraph (ii).

• (2) Subsection (1) applies to taxation years that end after September 15, 2016.

• 22 (1) Section 80.03 of the English version of the Act is amended by adding the following before subsection (2):

  Marginal note:Definitions

  • 80.03 (1) In this section, commercial debt obligation, commercial obligation, distress preferred share, forgiven amount and person have the meanings assigned by subsection 80(1).

• (2) Subsection (1) applies to taxation years that end after February 21, 1994.