I-0.4 - Mining Tax Act

Section 26.0.3 Disposition versions

2011-06-06

26.0.3. If in a fiscal year an operator is associated with one or more other operators, each of the amounts referred to in subparagraph 2 of the first paragraph of section 26.0.1, in subparagraph ii of subparagraph a of subparagraph 3 of that paragraph and in subparagraph 1 of subparagraph ii of subparagraph b of that subparagraph 3 must be allocated among the operators in the proportion established pursuant to an agreement a copy of which is to be sent to the Minister within six months after the end of their fiscal year and the amount allocated or the aggregate of the amounts allocated must be equal to

(1)  $50,000,000, or the lesser amount determined, where applicable, in accordance with section 26.0.2, for the amount referred to in that subparagraph 2;

(2)  $350,000,000 for the amount referred to in subparagraph ii of subparagraph a of that subparagraph 3; and

(3)  $200,000,000 for the amount referred to in subparagraph 1 of subparagraph ii of subparagraph b of that subparagraph 3.

In the absence of an agreement, or if the proportion is not established in a reasonable manner, the Minister shall allocate the amounts as is reasonable in the circumstances.

1997, c. 85, s. 25; 2007, c. 12, s. 8; 2011, c. 6, s. 55.

2007-11-07

26.0.3. If in a fiscal year an operator is associated, within the meaning of Chapter IX of Title II of Book I of Part I of the Taxation Act (chapter I-3), with one or more other operators, each of the amounts referred to in subparagraph 2 of the first paragraph of section 26.0.1, in subparagraph ii of subparagraph a of subparagraph 3 of that paragraph and in subparagraph 1 of subparagraph ii of subparagraph b of that subparagraph 3 must be allocated among the operators in the proportion established pursuant to an agreement a copy of which is to be sent to the Minister within six months after the end of their fiscal year and the amount allocated or the aggregate of the amounts allocated must be equal to

(1)  $50,000,000, or the lesser amount determined, where applicable, in accordance with section 26.0.2, for the amount referred to in that subparagraph 2;

(2)  $350,000,000 for the amount referred to in subparagraph ii of subparagraph a of that subparagraph 3; and

(3)  $200,000,000 for the amount referred to in subparagraph 1 of subparagraph ii of subparagraph b of that subparagraph 3.

In the absence of an agreement, or if the proportion is not established in a reasonable manner, the Minister shall allocate the amounts as is reasonable in the circumstances.

1997, c. 85, s. 25; 2007, c. 12, s. 8.

1997-12-19

26.0.3. Where in a fiscal year an operator is associated, within the meaning of Chapter IX of Title II of Book I of Part I of the Taxation Act (chapter I-3), with one or more other operators, each of the amounts referred to in subparagraph 2 and subparagraph b of subparagraph 3 of the first paragraph of section 26.0.1 shall be allocated among the operators in the proportion established pursuant to an agreement a copy of which shall be sent to the Minister within six months after the end of their fiscal year and the amount allocated or the aggregate of the amounts allocated shall be equal to, for an amount referred to in that subparagraph 2, $50,000,000 and, for the amount referred in that subparagraph b, $350,000,000.

In the absence of an agreement, or if the proportion is not established in a reasonable manner, the Minister shall allocate each of the amounts referred to in subparagraph 2 and subparagraph b of subparagraph 3 of the first paragraph of section 26.0.1 as is reasonable in the circumstances.

1997, c. 85, s. 25.