I-3 - Taxation Act

Section 965.9.1.0.2 Disposition versions

2017-12-07

965.9.1.0.2. (Repealed).

1990, c. 7, s. 99; 1992, c. 1, s. 109; 1997, c. 3, s. 71; 1999, c. 83, s. 130; 1999, c. 83, s. 273; 2000, c. 39, s. 110; 2001, c. 7, s. 169; 2003, c. 9, s. 137; 2006, c. 13, s. 73; 2017, c. 29, s. 166.

2006-06-13

965.9.1.0.2. A share also qualifies for a stock savings plan if

(a)  it is a common share with voting rights;

(b)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a convertible security issued, as a result of a transaction referred to in section 536, 541 or 544, in replacement for a convertible security which was outstanding at the time of such transaction and which, were it not for such replacement, could have been converted into a qualifying share described in section 965.9.1.0.1, or in replacement for such a convertible security which had been issued in substitution for a convertible security which, were it not for such substitution, could have been converted into a qualifying share described in this section;

(c)  it is issued by a qualified corporation whose assets are less than $350,000,000 on the date of the transaction referred to in paragraph b;

(d)  it meets the requirements of paragraphs c and c.0.1 of section 965.7 where the acquirer of the share is an investment fund, and the requirements of paragraphs c, c.0.1 and g of section 965.7 where the acquirer of the share is an individual or an investment group;

(e)  it is issued by a qualified corporation which states, in the final prospectus or in the application for exemption from filing a prospectus in respect of the replacement of a convertible security referred to in paragraph b, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title;

(f)  it is a share of a class of the capital stock of a qualified corporation having shares of the same class of its capital stock which, immediately after the transaction referred to in paragraph b, are listed on a Canadian stock exchange; and

(g)  before the transaction referred to in paragraph b, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title.

1990, c. 7, s. 99; 1992, c. 1, s. 109; 1997, c. 3, s. 71; 1999, c. 83, s. 130; 1999, c. 83, s. 273; 2000, c. 39, s. 110; 2001, c. 7, s. 169; 2003, c. 9, s. 137; 2006, c. 13, s. 73.

2006-03-01

965.9.1.0.2. A share also qualifies for a stock savings plan if

(a)  it is a common share with voting rights;

(b)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the conversion right conferred on the holder of a convertible security issued, as a result of a transaction referred to in section 536, 541 or 544, in replacement for a convertible security which was outstanding at the time of such transaction and which, were it not for such replacement, could have been converted into a qualifying share described in section 965.9.1.0.1, or in replacement for such a convertible security which had been issued in substitution for a convertible security which, were it not for such substitution, could have been converted into a qualifying share described in this section;

(c)  it is issued by a qualified corporation whose assets are less than $350,000,000 on the date of the transaction referred to in paragraph b;

(d)  it meets the requirements of paragraphs c and c.0.1 of section 965.7 where the acquirer of the share is an investment fund, and the requirements of paragraphs c, c.0.1 and g of section 965.7 where the acquirer of the share is an individual or an investment group;

(e)  it is issued by a qualified corporation which states, in the final prospectus or in the application for exemption from filing a prospectus in respect of the replacement of a convertible security referred to in paragraph b, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title;

(f)  it is a share of a class of the capital stock of a qualified corporation having shares of the same class of its capital stock which, immediately after the transaction referred to in paragraph b, are listed on a Canadian stock exchange; and

(g)  before the transaction referred to in paragraph b, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title.

1990, c. 7, s. 99; 1992, c. 1, s. 109; 1997, c. 3, s. 71; 1999, c. 83, s. 130; 1999, c. 83, s. 273(1)(5); 2000, c. 39, s. 110; 2001, c. 7, s. 169; 2003, c. 9, s. 137.