D-17 - Land Transfer Duties Act

Section 1 Disposition versions

1995-12-15

1. In this Act and in the regulations, unless the context indicates a different meaning, the expression

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the prior claims as well as the hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of the debt which is extinguished when a creditor acquires the right of ownership to the land by the exercise of a taking in payment as the consequence of a real security encumbering the land in his favour, except with regard to municipal and school taxes;

(e)  the market value of land at the time of a transfer consisting of emphyteusis or a lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the application for registration of the transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50% of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0.5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“regulation” means a regulation made by the Government under this Act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0.5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 8 of the Mining Act (chapter M-13.1), nor the transfer or lease of lands in the public domain effected in virtue of the Act respecting the lands in the public domain (chapter T-8.1);

“transferee” means a transferee who is not resident in Canada;

however, “transferee” excludes

(a)  a corporation which, at the time of the transfer,

i.  has actively operated a business in Québec for more than one year,

ii.  has had for more than one year at least five full-time employees who report for work to one of its establishments situated in Québec, and

iii.  owns capital property situated in Québec, other than land, the aggregate value of which exceeds the value of the consideration; and

(b)  a corporation of which at least 90% of the issued shares of the capital stock to which are attached full voting rights are owned by a person referred to in paragraph a at the time of the transfer.

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247; 1987, c. 23, s. 76, s. 92; 1987, c. 64, s. 344; 1989, c. 77, s. 1; 1992, c. 57, s. 570; 1994, c. 22, s. 2; 1995, c. 1, s. 1; 1995, c. 63, s. 4.

1995-01-30

1. In this Act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

however, “transferee” excludes a corporation which, at the time of the transfer,

(a)  has actively operated a business in Québec for more than one year;

(b)  has had for more than one year at least five full-time employees who report for work to one of its establishments situated in Québec; and

(c)  owns capital property situated in Québec, other than land, the aggregate value of which exceeds the value of the consideration;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the prior claims as well as the hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of the debt which is extinguished when a creditor acquires the right of ownership to the land by the exercise of a taking in payment as the consequence of a real security encumbering the land in his favour, except with regard to municipal and school taxes;

(e)  the market value of land at the time of a transfe consisting of emphyteusis or a lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the application for registration of the transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50 % of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this Act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 8 of the Mining Act (chapter M-13.1), nor the transfer or lease of lands in the public domain effected in virtue of the Act respecting the lands in the public domain (chapter T-8.1).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247; 1987, c. 23, s. 76, s. 92; 1987, c. 64, s. 344; 1989, c. 77, s. 1; 1992, c. 57, s. 570; 1994, c. 22, s. 2; 1995, c. 1, s. 1.

1994-06-17

1. In this Act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the prior claims as well as the hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of the debt which is extinguished when a creditor acquires the right of ownership to the land by the exercise of a taking in payment as the consequence of a real security encumbering the land in his favour, except with regard to municipal and school taxes;

(e)  the market value of land at the time of a transfer consisting of emphyteusis or a lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the application for registration of the transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50 % of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this Act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 8 of the Mining Act (chapter M-13.1), nor the transfer or lease of lands in the public domain effected in virtue of the Act respecting the lands in the public domain (chapter T-8.1).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247; 1987, c. 23, s. 76, s. 92; 1987, c. 64, s. 344; 1989, c. 77, s. 1; 1992, c. 57, s. 570; 1994, c. 22, s. 2.

1994-01-01

1. In this Act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the prior claims as well as the hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of that portion of the debt which is extinguished when a creditor acquires rights on the land as the consequence of a real security encumbering the land in his favour, except with regard to municipal and school taxes;

(e)  the market value of land at the time of a transfer consisting of an emphyteutic or other lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the deed of transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50% of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this Act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 8 of the Mining Act (chapter M-13.1), nor the transfer or lease of lands in the public domain effected in virtue of the Act respecting the lands in the public domain (chapter T-8.1).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247; 1987, c. 23, s. 76, s. 92; 1987, c. 64, s. 344; 1989, c. 77, s. 1; 1992, c. 57, s. 570.

1989-12-20

1. In this Act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the privileges, hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of that portion of the debt which is extinguished when a creditor acquires rights on the land as the consequence of a real security encumbering the land in his favour, except with regard to municipal and school taxes;

(e)  the market value of land at the time of a transfer consisting of an emphyteutic or other lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the deed of transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50% of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this Act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 8 of the Mining Act (chapter M-13.1), nor the transfer or lease of lands in the public domain effected in virtue of the Act respecting the lands in the public domain (chapter T-8.1).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247; 1987, c. 23, s. 76, s. 92; 1987, c. 64, s. 344; 1989, c. 77, s. 1.

1988-10-24

1. In this Act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the privileges, hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of that portion of the debt which is extinguished when a creditor acquires rights on the land as the consequence of a real security encumbering the land in his favour, except with regard to municipal and school taxes;

(e)  the market value of land at the time of a transfer consisting of an emphyteutic or other lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the deed of transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50% of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this Act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 8 of the Mining Act (chapter M-13.1), nor the transfer or lease of lands in the public domain effected in virtue of the Act respecting the lands in the public domain (chapter T-8.1).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247; 1987, c. 23, s. 76, s. 92; 1987, c. 64, s. 344.

1987-05-27

1. In this Act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the privileges, hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of that portion of the debt which is extinguished when a creditor acquires rights on the land as the consequence of a real security encumbering the land in his favour, except with regard to municipal and school taxes;

(e)  the market value of land at the time of a transfer consisting of an emphyteutic or other lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the deed of transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50% of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this Act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 3 of the Mining Act (chapter M-13), nor the transfer or lease of lands in the public domain effected in virtue of the Act respecting the lands in the public domain (chapter T-8.1).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247; 1987, c. 23, s. 76, s. 92.

1987-04-01

1. In this act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the privileges, hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of that portion of the debt which is extinguished when a creditor acquires rights on the land as the consequence of a real security encumbering the land in his favour, except with regard to municipal and shcool taxes;

(e)  the market value of land at the time of a transfer consisting of an emphyteutic or other lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the deed of transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50 per cent of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immovable right as well as a contract of lease and the granting of an option or of a promise of sale; the word “transfer” does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 3 of the Mining Act (chapter M-13), nor the transfer or lease of public lands effected in virtue of the Lands and Forests Act (chapter T-9).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213; 1986, c. 108, s. 247.

1985-04-01

1. In this act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than 0,5 ha except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the privileges, hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of that portion of the debt which is extinguished when a creditor acquires rights on the land as the consequence of a real security encumbering the land in his favour, except with regard to municipal and shcool taxes;

(e)  the market value of land at the time of a transfer consisting of an emphyteutic or other lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the deed of transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50 per cent of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than 0,5 ha, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immoveable right as well as a contract of lease and the granting of an option or of a promise of sale; the word transfer does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 3 of the Mining Act (chapter M-13), nor the transfer of timber limits, of a concession of wooded land or of a right to cut timber on public lands, nor the transfer or lease of public lands effected in virtue of the Lands and Forests Act (chapter T-9).

1976, c. 23, s. 1; 1976, c. 24, s. 1; 1984, c. 47, s. 213.

1977-12-31

1. In this act and in the regulations, unless the context indicates a different meaning, the expression

“recreational property” means land owned by a physical person and used by him principally for recreational or sports purposes, having an area not greater than one acre except to the extent that such person establishes that a greater area is necessary for such purposes;

“transferee” means a transferee who is not resident in Canada;

“consideration” includes:

(a)  the value of any property furnished by the transferee at the time of a transfer;

(b)  money payment;

(c)  the privileges, hypothecs and other charges encumbering the land at the time of the transfer;

(d)  the amount, in capital, interest and outlays, of that portion of the debt which is extinguished when a creditor acquires rights on the land as the consequence of a real security encumbering the land in his favour, except with regard to municipal and shcool taxes;

(e)  the market value of land at the time of a transfer consisting of an emphyteutic or other lease relating to that land or consisting of the transfer of the right of a lessee on such land;

(f)  the market value of land at the time of the transfer of such land where the transferee has acquired it by gratuitous title or where no consideration was furnished or stipulated in the deed of transfer;

“corporation not resident in Canada” means any corporation validly incorporated, whatever be the nature and place of its incorporation,

(a)  of which more than 50 per cent of the shares of its capital stock to which are attached full voting rights are owned by one or more persons not resident in Canada;

(b)  more than one-half of the directors of which are physical persons who are persons not resident in Canada;

(c)  more than one-half of the members of which, in the case of a corporation without capital stock, are persons not resident in Canada; or

(d)  which is controlled directly or indirectly in any manner whatever by one or more persons not resident in Canada;

“Minister” means the Minister of Revenue;

“person” means a person and a trust, partnership, association, syndicate and any other group of any kind whatever;

“prescribed”, in the case of a form or of information to be provided in a form, means prescribed by order of the Minister, and in any other case means prescribed by regulation;

“regulation” means a regulation made by the Government under this act;

“residence” means a housing unit, including the land on which such housing unit is built and the contiguous land reasonably necessary for the use and enjoyment of the housing unit as a residence, having an area not greater than one acre, except to the extent that the owner establishes that a greater area is necessary for such purposes, if that owner is a physical person and he occupies the housing unit himself;

“land” means land

(a)  on which no building is erected;

(b)  on which a building is erected, including such building if the market value of the building is less than that of the land alone;

(c)  on which a building is erected, including such building if the market value of such building is equal to or greater than that of the land alone and the area of the land is greater than reasonably necessary for the use and enjoyment of the building or for the carrying on of a business, other than a farming business, carried on on such land;

“transfer” means the transfer of an immoveable right as well as a contract of lease and the granting of an option or of a promise of sale; the word transfer does not include transfer for the purpose only of securing a debt, nor reconveyance by the creditor, nor the transfer of any right contemplated in section 3 of the Mining Act (chapter M-13), nor the transfer of timber limits, of a concession of wooded land or of a right to cut timber on public lands, nor the transfer or lease of public lands effected in virtue of the Lands and Forests Act (chapter T-9).

1976, c. 23, s. 1; 1976, c. 24, s. 1.