T-0.1 - Act respecting the Québec sales tax

Updated to 2 February 2000

This document has official status.

chapter T-0.1

Act respecting the Québec sales tax

TITLE I QUÉBEC SALES TAX

CHAPTER I DEFINITIONS AND INTERPRETATION

DIVISION I DEFINITIONS

1. For the purposes of this title and the regulations made under it, unless the context indicates otherwise,

“admission” means a right of entry or access to, or attendance at, a place of amusement, a seminar, an activity or an event;

“amount” means money, property or a service, expressed in terms of the amount of money or the value in terms of money of the property or service;

“basic tax content”, at a particular time, of property of a person means the amount determined by the formula

(A − B) × C,

where

(1)  A is the total of

(a)  the tax that was payable by the person in respect of the last acquisition or bringing into Québec of the property by the person,

(b)  the tax that would have been payable by the person in respect of the last bringing into Québec of the property by the person but for the fact that the person was a registrant, that the property was brought into Québec by the person for consumption or use exclusively in the course of commercial activities of the person and that the person would have been entitled to claim an input tax refund had the person paid the tax in respect of the bringing in,

(c)  the tax that would have been payable by the person in respect of the last bringing into Québec of the property by the person but for the fact that the property was brought into Québec for supply,

(d)  the tax that was payable by the person in respect of an improvement to the property acquired, or brought into Québec, by the person after the property was last acquired or brought into Québec by the person,

(e)  the tax that would have been payable by the person in respect of the bringing into Québec of an improvement to the property but for the fact that the person was a registrant, that the improvement was brought into Québec by the person for consumption or use exclusively in the course of commercial activities of the person and that the person would have been entitled to claim an input tax refund had the person paid the tax in respect of the bringing in after the property was last acquired or brought into Québec by the person,

(f)  the tax under section 16 that would have been payable by the person in respect of the last acquisition of the property by the person or in respect of an improvement to the property acquired by the person after the property was last acquired or brought into Québec by the person, but for sections 54.1, 75.1 and 80 or the fact that the property or improvement was acquired by the person for consumption, use or supply exclusively in the course of commercial activities, and

(g)  the tax under section 18 or section 18.0.1 that would have been payable by the person in respect of the last acquisition of the property by the person, and the tax under section 18 or section 18.0.1 that would have been payable by the person in respect of an improvement to the property acquired by the person after the property was last acquired or brought into Québec by the person, but for the fact that the person had acquired the property or improvement for consumption, use or supply exclusively in the course of commercial activities of the person;

(2)  B is the total of

(a)  all taxes referred to in paragraph 1 that the person was exempt from payment under any other Act or law,

(b)  all amounts, other than input tax refunds and amounts referred to in subparagraph a, in respect of tax referred to in subparagraphs a and d of paragraph 1 that the person was entitled to recover by way of rebate, refund or otherwise under this or any other Act or law or would have been entitled to so recover if the property or improvement had been acquired for use exclusively in activities that are not commercial activities, and

(c)  all amounts, other than input tax refunds and amounts referred to in subparagraph a, in respect of tax referred to in subparagraphs b, c and e to g of paragraph 1 that the person would have been entitled to recover by way of rebate, refund or otherwise under this or any other Act or law or would have been entitled to so recover if that tax had been payable and the property or improvement had been acquired for use exclusively in activities that are not commercial activities; and

(3)  C is the lesser of 1 and

   D
  --- ,
   E                                                                                

where

(1)  D is the fair market value of the property at the particular time, and

(2)  E is the total of

(a)  the value of the consideration for the last supply of the property to the person or, where the property was last brought into Québec by the person, the value of the property within the meaning of section 17, and

(b)  where the person acquires, or brings into Québec, an improvement to the property after the property was last acquired or brought in, the total of all amounts each of which is the value of the consideration for the supply to the person of such an improvement or, if the improvement is property that was brought into Québec by the person, the value of the property within the meaning of section 17;

“builder” of a residential complex or of an addition to a multiple unit residential complex means a person who

(1)  at a time when the person has an interest in the immovable on which the complex is situated, carries on or engages another person to carry on for the person

(a)  in the case of an addition to a multiple unit residential complex, the construction of the addition,

(b)  in the case of a residential unit held in co-ownership, the construction of the complex held in co-ownership in which the unit is situated, and

(c)  in any other case, the construction or substantial renovation of the complex,

(2)  acquires an interest in the complex at a time when

(a)  in the case of an addition to a multiple unit residential complex, the addition is under construction, and

(b)  in any other case, the complex is under construction or substantial renovation,

(3)  in the case of a mobile home or floating home, makes a supply of the home before the home has been used or occupied by any individual as a place of residence,

(4)  acquires an interest in the complex for the primary purpose of making one or more supplies of the complex or parts thereof or interests therein by way of sale, or making one or more supplies of the complex or parts thereof by way of lease, licence or similar arrangement to persons other than to individuals who are acquiring the complex or parts otherwise than in the course of a business or an adventure or concern in the nature of trade

(a)  in the case of a complex held in co-ownership or residential unit held in co-ownership at a time when the declaration of co-ownership relating to the residential complex is not yet entered in the land register, or

(b)  in any case, before the complex has been occupied by an individual as a place of residence or lodging, or

(5)  in any case, is deemed under section 220 to be a builder of the complex;

however, “builder” does not include

(6)  an individual described in paragraph 1, 2 or 4 who otherwise than in the course of a business or an adventure or concern in the nature of trade,

(a)  carries on the construction or substantial renovation of the complex,

(b)  engages another person to carry on the construction or substantial renovation of the complex for the individual, or

(c)  acquires the complex or an interest in it,

(7)  an individual described in paragraph 3 who makes a supply of a mobile home or floating home otherwise than in the course of a business or an adventure or concern in the nature of trade, or

(8)  a person described in any of paragraphs 1 to 3 whose only interest in the complex is a right to purchase the complex or an interest in it from a builder of the complex;

“business” includes a profession, calling, trade, manufacture or undertaking of any kind whatever, whether the activity or undertaking is engaged in for profit or not, and any activity engaged in on a regular or continuous basis that involves the supply of property by way of lease, licence or similar arrangement, but does not include an office or employment;

“calendar quarter” means a period of three months beginning on the first day of January, April, July or October in each calendar year;

“capital property”, in respect of a person, means property that is, or that would be if the person were a taxpayer under the Taxation Act (chapter I-3), capital property of the person within the meaning of that Act, other than property described in Class 12, 14 or 44 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., 1981, chapter I-3, r.1) and any present or future amendment thereto;

“carrier” means a person who supplies a freight transportation service within the meaning of section 193;

“charity” means a registered charity within the meaning assigned by section 1 of the Taxation Act or a registered Canadian amateur athletic association within the meaning of that Act, but does not include a public institution;

“commercial activity” of a person means

(1)  a business carried on by the person, other than a business carried on without a reasonable expectation of profit by an individual, a personal trust or a partnership, all of the members of which are individuals, except to the extent to which the business involves the making of exempt supplies by the person,

(2)  an adventure or concern of the person in the nature of trade, other than an adventure or concern engaged in without a reasonable expectation of profit by an individual, a personal trust or a partnership, all of the members of which are individuals, except to the extent to which the adventure or concern involves the making of exempt supplies by the person, and

(3)  the making of a supply, other than an exempt supply, by the person of an immovable of the person, including anything done by the person in the course of or in connection with the making of the supply;

“commercial service”, in respect of corporeal movable property, means any service in respect of the property other than a service of shipping the property supplied by a carrier and a financial service;

“complex held in co-ownership” means a residential complex that contains more than one residential unit held in co-ownership;

“consideration” includes any amount that is payable for a supply by operation of law;

“consumer” of property or a service means an individual who acquires, or brings into Québec, the property or service at his expense for his personal consumption, use or enjoyment or the personal consumption, use or enjoyment of any other individual, but does not include an individual who acquires, or brings into Québec, the property or service for consumption, use or supply in the course of the commercial activities of the individual or other activities in the course of which the individual makes exempt supplies;

“convention” means a formal meeting or assembly that is not open to the general public, but does not include a meeting or assembly the principal purpose of which is

(1)  to provide any type of amusement, entertainment or recreation,

(2)  to conduct contests or games of chance, or

(3)  to transact the business of the convenor or attendees

(a)  in the course of a trade show that is open to the general public, or

(b)  otherwise than in the course of a trade show;

“convention facility” means an immovable that is acquired by way of lease, licence or similar arrangement by the sponsor or organizer of a convention for use exclusively as the site for the convention;

“cooperative corporation” means a cooperative housing corporation and any other cooperative corporation within the meaning of subsection 2 of section 136 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

“cooperative housing corporation” means a corporation that was incorporated, by or under the laws of Québec, another province, the Northwest Territories, the Yukon Territory, or Canada, providing for the establishment of the corporation or respecting the establishment of cooperative corporations, for the purpose of making supplies by way of lease, licence or similar arrangement of residential units to its members for the purpose of their occupancy as places of residence for individuals where

(1)  the statutes by or under which it was incorporated, its charter, articles of association or by-laws or its contracts with its members require that the activities of the corporation be engaged in at or near cost after providing for reasonable reserves and hold forth the prospect that surplus funds arising from those activities will be distributed among its members in proportion to patronage,

(2)  none of its members, except other cooperative corporations, have more than one vote in the conduct of the affairs of the corporation, and

(3)  at least 90 % of its members are individuals or other cooperative corporations and at least 90 % of its shares are held by such persons;

“credit note” means a credit note issued under section 449;

“credit union” has the meaning assigned by section 797 of the Taxation Act to the expression “savings and credit union” and also includes a deposit insurance corporation described in paragraph b of section 804 of that Act;

“debit note” means a debit note issued under section 449;

“debt security” means a right to be paid money and includes a deposit of money, but does not include a lease, licence or similar arrangement for the use of, or the right to use, property other than a financial instrument;

“direct cost” of a supply of corporeal movable property or a service means the total of all amounts each of which is the consideration paid or payable by the supplier

(1)  for the property or service if it was purchased by the supplier for the purpose of making a supply by way of sale of the property or service, or

(2)  for an article or material, other than capital property of the supplier, that was purchased by the supplier, to the extent that the article or material is to be incorporated into or is to form a constituent or component part of the property, or is to be consumed or expended directly in the process of manufacturing, producing, processing or packaging the property

and for the purposes of this definition, the consideration paid or payable by the supplier for property or a service is deemed to include any tax imposed under this Title that is payable by the supplier in respect of the acquisition or bringing into Québec of the property or service;

“document” includes money, a security and a record;

“employee” includes an officer;

“employer”, in relation to an officer, means the person from whom the officer receives remuneration;

“equity security” means a share of the capital stock of a corporation or any interest in or right to such a share;

“exclusive” means all or substantially all of the consumption, use or supply of property or a service;

“exempt supply” means a supply described in Chapter III;

“financial institution” throughout a taxation year means a person who is

(1)  a listed financial institution at any time in that taxation year, or

(2)  a financial institution, within the meaning of paragraph b or paragraph c of subsection 1 of section 149 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

“financial instrument” means

(1)  a debt security,

(2)  an equity security,

(3)  an insurance policy,

(4)  an interest in a trust, a partnership or a succession, or any right in respect of such an interest,

(5)  a precious metal,

(6)  a contract or an option for the future supply of a commodity, where the contract or option is traded on a recognized commodity exchange,

(7)  a prescribed instrument,

(8)  an acceptance, a guarantee or an indemnity in respect of an instrument described in paragraph 1, 2, 4, 5 or 7, or

(9)  a contract or an option for the future supply of money or of an instrument described in any of paragraphs 1 to 8;

“financial service”, which does not include the operations and services described in paragraphs 14 to 20, means

(1)  the exchange, issue, payment, receipt or transfer of money, whether effected by the exchange of currency, by crediting or debiting accounts or otherwise;

(2)  the operation or maintenance of a charge, chequing, deposit, savings, loan or other account;

(3)  the borrowing or lending of a financial instrument;

(4)  the acceptance, allotment, issue, endorsement, variation, granting, repayment, renewal, processing or transfer of ownership of a financial instrument;

(5)  the variation, provision, receipt or release of an acceptance, a guarantee or an indemnity in respect of a financial instrument;

(6)  the payment or receipt of money as benefits, principal, dividends, other than patronage dividends, interest or any similar payment or receipt of money in respect of a financial instrument;

(6.1)  the payment or receipt of an amount in full or partial satisfaction of a claim arising under an insurance policy;

(7)  the making of any advance, the granting of any credit or the lending of money;

(8)  the underwriting of a financial instrument;

(9)  any service provided pursuant to the terms and conditions of any agreement relating to the payment of amounts for which a credit card voucher or charge card voucher has been issued;

(10)   the service of investigating and recommending the compensation in satisfaction of a claim where

(a)  the claim is made under a marine insurance policy, or

(b)  the claim is made under an insurance policy that is not in the nature of accident or sickness or life insurance and

i.  the service is supplied by an insurer or by a person who is licensed under the laws of Québec, another province, the Northwest Territories or the Yukon Territory to provide such a service, or

ii.  the service is supplied to an insurer or a group of insurers by a person who would be required to be so licensed but for the fact that the person is relieved from that requirement under the laws of Québec, another province, the Northwest Territories or the Yukon Territory;

(10.1)  the service of providing an insurer or a person who supplies a service referred to in paragraph 10 with an appraisal of the damage caused to property, or in the case of a loss of property, the value of the property, where the supplier of the appraisal inspects the property, or in the case of a loss of the property, the last-known place where the property was situated before the loss;

(11)  any supply deemed under section 39 to be a supply of a financial service;

(12)  the agreeing to provide, or the arranging for, a service referred to in any of paragraphs 1 to 9; or

(13)  a prescribed service;

(14)  the payment or receipt of money as consideration for the supply of property other than a financial instrument or of a service other than a financial service;

(15)  the payment or receipt of money in settlement of a claim (other than a claim under an insurance policy) under a warranty, guarantee or similar arrangement in respect of property other than a financial instrument or a service other than a financial service;

(16)  the service of providing advice, other than a service referred to in paragraph 10 or 10.1;

(17)  where the supplier is a person who provides management or administrative services to a corporation, partnership or trust the principal activity of which is the investing of funds, the provision to the corporation, partnership or trust of

(a)  a management or administrative service, or

(b)  any other service, other than a prescribed service;

(18)  a professional service provided by an actuary, advocate, accountant or notary in the course of a professional practice;

(18.1)  the arranging for the transfer of ownership of shares of a cooperative housing corporation;

(19)  any service the supply of which is deemed under this title to be a taxable supply;

(20)  a prescribed service;

“floating home” means a structure that is composed of a floating platform and a building designed to be occupied as a place of residence for individuals that is permanently affixed to the platform, but does not include any freestanding appliances or furniture sold with the structure or any structure that has means of, or is capable of being readily adapted for, self-propulsion;

“foreign convention” means a convention

(1)  at least 75 % of the admissions to which are, at the time the sponsor of the convention determines the amount to be charged as consideration therefor, reasonably expected to be supplied to persons not resident in Canada, and

(2)  the sponsor of which is an organization whose head office is situated outside Canada or, where the organization has no head office, the member, or majority of members, of which having management and control of the organization is or are not resident in Canada;

“former spouse” of a particular individual includes an individual of the opposite or the same sex with whom the particular individual cohabited in a conjugal relationship;

“game of chance” means a lottery or other scheme under which prizes or winnings are awarded by way of chance only or by way of a mixture of chance and other factors where the result depends more on chance than on the other factors;

“government” means the government of Québec, another province, the Northwest Territories, the Yukon Territory or Canada;

“hospital authority” means a public institution, within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5), that operates a hospital centre, or an organization that operates a public hospital located in Québec and that is designated by the Minister of National Revenue as a hospital authority;

“immovable” includes

(1)  a lease pertaining to an immovable;

(2)  a mobile home;

(3)  a floating home; and

(4)  a leasehold or other proprietary interest in a mobile home or a floating home;

“improvement”, in respect of property of a person, means any property or service supplied to, or property brought into Québec by, the person for the purpose of improving the property, to the extent that the consideration paid or payable by the person for the property or service or the value of the property brought in is, or would be if the person were a taxpayer within the meaning of the Taxation Act, included in determining the cost or, in the case of property that is capital property of the person, the adjusted cost base to the person of the property for the purposes of that Act;

“individual” means a natural person;

“insurance policy” means a policy of insurance that is issued, or a contract of insurance that is entered into, by an insurer and a policy or contract in the nature of accident or sickness insurance, whether or not the policy is issued, or the contract is entered into, by an insurer, and also includes

(1)  a policy of reinsurance issued by an insurer,

(2)  an annuity contract entered into by an insurer, or a contract entered into by an insurer that would be an annuity contract except that the payments under the contract

(a)  are payable on a periodic basis at intervals that are shorter or longer than one year, or

(b)  vary in amount depending on the value of a specified group of assets or on changes in interest rates, and

(3)  a contract entered into by an insurer all or part of the insurer’s reserves for which vary in amount depending on the value of a specified group of assets;

however, “insurance policy” does not include a warranty in respect of the quality, fitness or performance of corporeal property, where the warranty is supplied to a person who acquires the property otherwise than for resale;

(4)  a bid, performance, maintenance or payment bond issued in respect of a construction contract;

“insurer” means a person who is authorized under the laws of Québec, another province, the Northwest Territories, the Yukon Territory or Canada to carry on an insurance business in Canada or under the laws of another jurisdiction to carry on an insurance business in that other jurisdiction;

“inter vivos trust” means a trust other than a testamentary trust;

“investment plan” means

(1)  a trust governed by any of the following plans, trusts, arrangement or fund, within the meaning of the Taxation Act or the Regulation respecting the Taxation Act and any present or future amendment thereto:

(a)  a registered pension plan,

(b)  a profit sharing plan,

(c)  a registered supplementary unemployment benefit plan,

(d)  a registered retirement savings plan,

(e)  a deferred profit sharing plan,

(f)  a registered education savings plan,

(g)  an employee benefit plan,

(h)  an employee trust,

(i)  a mutual fund trust,

(j)  a unit trust,

(k)  a retirement compensation arrangement, or

(l)  a registered income fund;

(2)  the following corporations within the meaning of the said Act:

(a)  an investment corporation,

(b)  a mortgage investment corporation,

(c)  a mutual fund corporation, or

(d)  a non-resident owned investment corporation;

(3)  a corporation exempt from tax under the said Act by reason of paragraphs c.1 and c.2 of section 998 and section 998.1 of the said Act; and

(4)  a pooled fund trust within the meaning of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

“invoice” includes a statement of account, a bill and any other similar record, regardless of its form or characteristics, and a cash register slip or receipt;

“listed financial institution” means a person who is

(1)  a bank,

(2)  a corporation that is authorized under the laws of Québec, another province, the Northwest Territories, the Yukon Territory or Canada to carry on in Canada the business of offering to the public its services as a trustee,

(3)  a person whose principal business is as a dealer or trader in, or as a broker or salesperson of, financial instruments or money,

(4)  a credit union,

(5)  an insurer or any other person whose principal business is providing insurance under insurance policies,

(6)  a segregated fund of an insurer,

(7)  the Régie de l’assurance-dépôts du Québec or the Canada Deposit Insurance Corporation,

(8)  a person whose principal business is the lending of money or the purchasing of debt securities or a combination thereof,

(9)  an investment plan,

(10)  a person providing services referred to in section 39;

“membership” includes a right granted by a particular person that entitles another person to services that are provided by, or to the use of facilities that are operated by, the particular person and that are not available, or are not available to the same extent or for the same charge, to a person to whom such a right has not been granted, and also includes such a right that is conditional on the acquisition or ownership of a share, bond or other security;

“mineral” includes petroleum, natural gas and related hydrocarbons and sand and gravel;

“mobile home” means a building, the manufacture and assembly of which is completed or substantially completed, that is equipped with complete heating, electrical and plumbing facilities and that is designed to be moved to a site for installation on a foundation and connection to service facilities and to be occupied as a place of residence, but does not include any travel trailer, motor home, camping trailer or other vehicle or trailer designed for recreational use;

“money” includes any currency, cheque, promissory note, letter of credit, draft, traveller’s cheque, bill of exchange, postal note, money order, postal remittance and other similar instrument, whether Canadian or foreign, but does not include currency the fair market value of which exceeds its stated value as legal tender in the country of issuance or currency that is supplied or held for its numismatic value;

“month” means a period beginning on a particular day in a calendar month and ending

(1)  on the day immediately before the day in the next calendar month that has the same calendar number as the particular day, or

(2)  where the next calendar month does not have a day that has the same calendar number as the particular day, the last day of that next calendar month;

“multiple unit residential complex” means a residential complex that contains more than one residential unit, but does not include a complex held in co-ownership;

“municipality” includes

(1)  an urban community, the Kativik Regional Government or any other incorporated municipal body however designated, and

(2)  such other local authority as the Minister of Revenue may determine to be a municipality for the purposes of this title;

“mutual insurance federation” means a corporation each member of which is a mutual insurance corporation that is required, under an Act of the legislature of Québec, to be a member of the corporation, but does not include a corporation the main purpose of which is

(1)  related to automobile insurance,

(2)  to provide compensation to insurance policy holders of, or claimants on, insolvent insurers, or

(3)  to establish and manage a guarantee fund, cash reserve fund, mutual aid fund or similar fund for the benefit of its members and to provide financial assistance with regard to losses sustained on the winding-up or dissolution of its members;

“mutual insurance group” means a group that consists of

(1)  a mutual insurance federation and its members,

(2)  where the members of the mutual insurance federation are the sole investors in an investment fund, that fund, and

(3)  where there exists a mutual reinsurance corporation each member of which is a member of the mutual insurance federation and is not entitled to obtain reinsurance from any other reinsurance corporation, that mutual reinsurance corporation;

“non-profit organization” means a person, other than an individual, a succession, a trust, a charity, a public institution, a municipality or a government, that was organized and is operated solely for a purpose other than profit, no part of the income of which is payable to, or otherwise available for the personal benefit of, any proprietor, member or shareholder thereof unless the proprietor, member or shareholder is a club or an association the primary purpose of which is the promotion of amateur athletics in Canada;

“office” has the meaning assigned by section 1 of the Taxation Act, but does not include

(1)  the position of trustee in bankruptcy,

(2)  the position of receiver, including the position of a receiver within the meaning assigned by the second paragraph of section 310, or

(3)  the position of trustee of a trust or personal representative of a deceased individual where the person who acts in that capacity is entitled to an amount for doing so that is included, for the purposes of that Act, in computing the person’s income or, where the person is an individual, the person’s income from a business;

“officer” means a person who holds an office;

“organizer” of a convention means a person who acquires the convention facility or related convention supplies and who organizes the convention for another person who is the sponsor of the convention;

“passenger vehicle” has the meaning assigned by section 1 of the Taxation Act;

“patronage dividend” means an amount that is deductible under sections 786 to 796 of the Taxation Act in computing, for the purposes of that Act, the income of the person paying the amount;

“permanent establishment”, in respect of a particular person, means

(1)  a fixed place of business of the particular person, including a place of management, a branch, an office, a factory, a workshop, a mine, an oil or gas well, timberland, a quarry or any other place of extraction of natural resources, through which the particular person makes supplies, or

(2)  a fixed place of business of another person, other than a broker, general commission agent or other independent agent acting in the ordinary course of business, who is acting in Québec on behalf of the particular person and through whom the particular person makes supplies in the ordinary course of business;

“person” means a corporation, trust, individual, partnership or succession or a body that is an association, club, commission, union or other organization of any kind;

“personal representative”, of a deceased individual or the succession of a deceased individual, means the liquidator of the individual’s succession or any person who is responsible under the appropriate law for the proper collection, administration, disposition and distribution of the assets of the succession;

“personal trust” means

(1)  a testamentary trust, or

(2)  an inter vivos trust that is a personal trust, within the meaning of section 1 of the Taxation Act, all the beneficiaries, other than contingent beneficiaries, of which are individuals and all the contingent beneficiaries, if any, of which are individuals, charities or public institutions;

“place of amusement” means any premises or place, whether or not enclosed, at or in any part of which is staged or held any slide show, film, sound and light or similar presentation, any artistic, literary, musical, theatrical or other exhibition, performance or entertainment, any circus, fair, menagerie, rodeo or similar event, or any race, game of chance, athletic contest or other contest or game, and also includes a museum, historical site, zoo, wildlife or other park, place where bets are placed and any place, structure, apparatus, machine or device the purpose of which is to provide any type of amusement or recreation;

“pleasure vehicle” has the meaning assigned by section 1 of the Fuel Tax Act (chapter T-1);

“precious metal” means a bar, ingot, coin or wafer that is composed of gold, silver or platinum the purity level of which is at least 99.5 % in the case of gold and platinum and at least 99.9 % in the case of silver;

“property” does not include money;

“public college” means

(1)  a college governed by the General and Vocational Colleges Act (chapter C-29);

(2)  an institution that is accredited for purposes of subsidies for providing educational services at the college level under the Act respecting private education (chapter E-9.1);

(3)  an organization that operates a post-secondary college or post-secondary technical institute, situated in Québec,

(a)  that receives from a government or a municipality funds that are paid for the purpose of assisting the organization in ongoing provision of educational services to the general public, and

(b)  the primary purpose of which is to provide programs of instruction in one or more fields of vocational, technical or general education;

“public institution” means a registered charity, within the meaning of section 1 of the Taxation Act, that is a school authority, a public college, a university, a hospital authority or a local authority determined under paragraph 2 of the definition of “municipality” in this section to be a municipality;

“public sector body” means a government or a public service body;

“public service body” means a non-profit organization, a charity, a municipality, a school authority, a hospital authority, a public college or a university;

“recipient” of a supply of property or a service means

(1)  where consideration for the supply is payable under an agreement for the supply, the person who is liable under the agreement to pay that consideration,

(2)  where paragraph 1 does not apply and consideration is payable for the supply, the person who is liable to pay that consideration, and

(3)  where no consideration is payable for the supply,

(a)  in the case of a supply of property by way of sale, the person to whom the property is delivered or made available,

(b)  in the case of a supply of property otherwise than by way of sale, the person to whom possession or use of the property is given or made available, and

(c)  in the case of a supply of a service, the person to whom the service is rendered,

and any reference to a person to whom a supply is made shall be read as a reference to the recipient of the supply;

“registrant” means a person who is registered, or who is required to be registered, under Division I of Chapter VIII;

“related convention supplies” means property or services acquired or brought into Québec by a person exclusively for consumption, use or supply by the person in connection with a convention, but does not include

(1)  transportation services, other than a chartered service acquired by the person solely for the purpose of transporting attendees of the convention between any of the convention facilities, places of lodging of the attendees or transportation terminals,

(2)  food, beverages or entertainment,

(3)  property or services that are supplied to the person under a contract for catering, or

(4)  property or services supplied by the person in connection with the convention for consideration that is separate from the consideration for the admission to the convention, unless the recipient of the supply is acquiring the property or service exclusively for consumption or use in the course of promoting, at the convention, property or services supplied by, or a business of, the recipient;

“reporting period” of a person means the reporting period of the person as determined under sections 458.6 to 467;

“residential complex” means

(1)  that part of a building in which one or more residential units are located, together with

(a)  that part of any common areas and other appurtenances to the building and the land contiguous to the building that is reasonably necessary for the use and enjoyment of the building as a place of residence for individuals, and

(b)  that proportion of the land subjacent to the building that that part of the building in which one or more residential units are located is of the whole building,

(2)  that part of a building, together with that proportion of any common areas and other appurtenances to the building and the land subjacent or contiguous to the building that is attributable to the unit and that is reasonably necessary for its use and enjoyment as a place of residence for individuals, that is

(a)  the whole or part of a semi-detached house, rowhouse unit, residential unit held in co-ownership or other similar premises that is, or is intended to be, a separate parcel or other division of an immovable owned, or intended to be owned, apart from any other unit in the building, and

(b)  a residential unit, and

(3)  the whole of a building described in paragraph 1, or the whole of a premises described in subparagraph a of paragraph 2, that is owned by or has been supplied by way of sale to an individual and that is used primarily as a place of residence of the individual, an individual related to the individual or a former spouse of the individual, together with

(a)  in the case of a building described in paragraph 1, any appurtenances to the building, the land subjacent to the building and that part of the land contiguous to the building, that are reasonably necessary for the use and enjoyment of the building, and

(b)  in the case of a premises described in subparagraph a of paragraph 2, that part of any common areas and other appurtenances to the building and the land subjacent or contiguous to the building that is attributable to the unit and that is reasonably necessary for the use and enjoyment of the unit,

(4)  a mobile home, together with any appurtenances to the home and, where the home is affixed to land, other than a site in a residential trailer park, for the purpose of its use and enjoyment as a place of residence for individuals, the land subjacent or contiguous to the home that is attributable to the home and is reasonably necessary for that purpose, and

(5)  a floating home;

however, “residential complex” does not include

(6)  a building, or that part of a building, that is an inn, a hotel, a motel, a boarding house or other similar premises, or the land and appurtenances attributable to the building or part, where

(a)  the building or part is not described in paragraph 3, and

(b)  all or substantially all of the supplies of residential units in the building or part by way of lease, licence or similar arrangement are, or are expected to be, for periods of continuous possession or use of less than 60 days;

“residential trailer park” of a person means

(1)  the land that is included in a trailer park of the person or, where the person has two or more trailer parks that are immediately contiguous to each other, the land that is included in those contiguous trailer parks, and any buildings, fixtures and other appurtenances to the land that are reasonably necessary

(a)  for the use and enjoyment of sites in the trailer parks by individuals

i.  residing in mobile homes, or travel trailers, motor homes or similar vehicles or trailers, situated or to be situated on those sites, or

ii.  occupying mobile homes, or travel trailers, motor homes or similar vehicles or trailers, situated or to be situated on those sites, or

(b)  for the purpose of engaging in the business of supplying those sites by way of lease, licence or similar arrangement;

however, “residential trailer park” does not include such land and appurtenances or any part of them unless the land encompasses at least two sites and

(2)  all or substantially all of the sites in the trailer parks are supplied, or are intended to be supplied, by way of lease, licence or similar arrangement under which continuous possession or use of a site is provided

(a)  for a period of at least one month, in the case of a mobile home or other residential unit, and

(b)  for a period of at least 12 months, in the case of a travel trailer, motor home or similar vehicle or trailer that is not a residential unit, and

(3)  if the sites were occupied by mobile homes, they would be suitable for use by individuals as places of residence throughout the year;

“residential unit” means the whole or part of a residential unit held in co-ownership, detached house, semi-detached house, rowhouse unit, mobile home, floating home, apartment, a room or suite in an inn, a hotel, a motel, a boarding house or a lodging house or in a residence for students, seniors, individuals with a disability or other individuals, or the whole or part of any other similar premises, that

(1)  is occupied by an individual as a place of residence or lodging,

(2)  is supplied by way of lease, licence or similar arrangement for the occupancy thereof as a place of residence or lodging for individuals,

(3)  is vacant, but was last occupied or supplied as a place of residence or lodging for individuals, or

(4)  has never been used or occupied for any purpose, but is intended to be used as a place of residence or lodging for individuals;

“residential unit held in co-ownership” means a residential complex that is, or is intended to be, a bounded space in a building described as a distinct entity on the declaration of co-ownership entered in the land register and includes any interest in land pertaining to ownership of the entity;

“road vehicle” has the meaning assigned by section 4 of the Highway Safety Code (chapter C-24.2);

“sale”, in respect of property, includes, but for the purposes of subparagraph 2 of the second paragraph of section 17, any transfer of the ownership of the property and any transfer of the possession of the property under an agreement to transfer ownership of the property;

“school authority” means a school board or an institution providing educational services at the elementary or secondary level that is governed by the Act respecting private education;

“segregated fund” of an insurer means a specified group of properties that are held in respect of insurance policies all or part of the reserves for which vary in amount depending on the fair market value of the properties;

“self-contained domestic establishment” has the meaning assigned by section 1 of the Taxation Act;

“service” means anything other than property, money and anything that is supplied to an employer by a person who is or agrees to become an employee of the employer in the course of or in relation to his office or employment;

“short-term accommodation” means a residential complex or a residential unit that is supplied to a recipient by way of lease, licence or other similar arrangement for the purpose of its occupancy by an individual as a place of residence or lodging, where the period throughout which the individual is given continuous occupancy of the complex or unit is less than one month and, for the purposes of sections 353.6 to 357 and 357.2 to 357.5,

(1)  includes any type of overnight shelter (other than shelter on a train, trailer, boat or structure that has means of, or is capable of being readily adapted for, self-propulsion) when supplied as part of a tour package, within the meaning assigned by section 63, that also includes food and the services of a guide, and

(2)  does not include a residential complex or unit when it

(a)  is supplied to the recipient under a timeshare arrangement, or

(b)  is included in that part of a tour package that is not the taxable portion of the tour package, within the meaning assigned to those expressions by section 63;

“single unit residential complex” means a residential complex that contains only one residential unit, but does not include a residential unit held in co-ownership;

“small supplier” means a person who, at any time, is a small supplier

(1)  under sections 294 to 297, unless the person is not, at that time, a small supplier under section 148 of the Excise Tax Act, or

(2)  under sections 297.0.1 and 297.0.2, unless the person is not, at that time, a small supplier under section 148.1 of the Excise Tax Act;

“specified corporeal movable property” means property that is, or is an interest in,

(1)  a drawing, a print, an etching, a sculpture, a painting or other similar work of art,

(2)  jewellery,

(3)  a rare folio, manuscript or book,

(4)  a stamp,

(5)  a coin, or

(6)  prescribed movable property;

“sponsor” of a convention means the person who convenes the convention and supplies admissions to it;

“substantial renovation” of a residential complex means the renovation or alteration of a building to such an extent that all or substantially all of the building that existed immediately before the renovation or alteration was begun, other than the foundation, external walls, interior supporting walls, floors, roof and staircases, has been removed or replaced where, after completion of the renovation or alteration, the building is, or forms part of, a residential complex;

“supplier”, in respect of a supply, means the person making the supply;

“supply” means the provision of property or a service in any manner, including sale, transfer, barter, exchange, licence, lease, gift or alienation;

“tax” means tax payable under this title;

“taxable supply” means a supply that is made in the course of a commercial activity;

“taxation year” of a person means

(1)  where the person is a taxpayer within the meaning of the Taxation Act, other than an unincorporated person exempt in accordance with Book VIII of that Act from tax under Part I of that Act, the taxation year of the person for the purposes of that Act,

(1.1)  where the person is a partnership described in subparagraph ii of subparagraph b of the second paragraph of section 7 of that Act, the fiscal period of the person’s business, determined under section 7 of that Act, and

(2)  in any other case, the period that would be the taxation year of the person for the purposes of that Act if the person were a corporation other than a professional corporation within the meaning of section 1 of that Act;

“taxi business” means a business carried on in Québec of transporting passengers by taxi for fares that are regulated by the Act respecting transportation by taxi (chapter T-11.1);

“telecommunication” means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system;

“telecommunication service” means

(1)  the service of emitting, transmitting or receiving signs, signals, writing, images or sounds or intelligence of any nature by wire, cable, radio, optical or other electromagnetic system, or by any similar technical system, or

(2)  making available for such emission, transmission or reception telecommunications facilities of a person who carries on the business of supplying services referred to in paragraph 1;

“telecommunications facility” means any facility, apparatus or other thing, including any wire, cable, radio, optical or other electromagnetic system, or any similar technical system, or any part thereof, that is used or is capable of being used for telecommunications;

“testamentary trust” has the meaning assigned by section 1 of the Taxation Act;

“trailer park” of a person means a piece of land that is owned by or leased to the person and that is exclusively composed of

(1)  one or more sites each of which is, or is intended to be, supplied by the person by way of lease, licence or similar arrangement to the owner, lessee or person in occupation or possession of a mobile home, or a travel trailer, motor home or similar vehicle or trailer, situated or to be situated on the site, and

(2)  other land that is reasonably necessary

(a)  for the use and enjoyment of the sites by individuals

i.  residing in mobile homes, or travel trailers, motor homes or similar vehicles or trailers, situated or to be situated on those sites, or

ii.  occupying mobile homes, or travel trailers, motor homes or similar vehicles or trailers, situated or to be situated on those sites, or

(b)  for the purpose of engaging in the business of supplying the sites by way of lease, licence or similar arrangement;

“university” means

(1)  an educational institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), or

(2)  a recognized degree-granting institution situated in Québec or an organization situated in Québec that operates a research body of, or a college affiliated with, such an institution;

“used corporeal movable property” means corporeal movable property that has been used in Québec;

“zero-rated supply” means a supply described in Chapter IV.

1991, c. 67, s. 1; 1992, c. 21, s. 372; 1993, c. 19, s. 167; 1992, c. 68, s. 156, s. 157; 1994, c. 22, s. 364; 1995, c. 1, s. 247; 1994, c. 23, s. 23; 1995, c. 63, s. 299; 1997, c. 3, s. 115; 1997, c. 14, s. 329; 1997, c. 31, s. 146; 1997, c. 85, s. 418; 1998, c. 16, s. 309; 1999, c. 83, s. 333; 1999, c. 14, s. 30.

DIVISION II INTERPRETATION

1.1. For the purposes of this Title and the regulations, a legal person, whether or not established for pecuniary gain, is designated by the word “corporation”.

1997, c. 3, s. 116.

2. Except as otherwise provided in this Title, where an amount or a number is required under this Title to be determined or calculated by or in accordance with an algebraic formula, if the amount or number when so determined or calculated would, but for this section, be a negative amount or number, it is deemed to be nil.

1991, c. 67, s. 2.

3. Related persons are deemed not to deal with each other at arm’s length and it is a question of fact whether persons not related to each other were, at any particular time, dealing with each other at arm’s length.

Persons are related to each other if, by reason of sections 17 and 19 to 21 of the Taxation Act (chapter I-3), they are related to each other for the purposes of that Act.

1991, c. 67, s. 3.

4. A member of a partnership is deemed to be related to the partnership.

1991, c. 67, s. 4.

5. A corporation is associated with another corporation if, by reason of sections 21.4 and 21.20 to 21.25 of the Taxation Act (chapter I-3), the corporation is associated with the other corporation for the purposes of that Act.

1991, c. 67, s. 5.

6. A person other than a corporation is associated with a corporation if the latter 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 the others.

1991, c. 67, s. 6.

7. A person is associated with 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 if the partnership had profits.

1991, c. 67, s. 7.

8. A person is associated with 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.

1991, c. 67, s. 8.

9. A person is associated with another person if each of them is associated with the same third person.

1991, c. 67, s. 9.

10. The following rules apply in respect of a segregated fund of an insurer:

(1)  the segregated fund is deemed to be a trust that is a separate person from the insurer and that does not deal at arm’s length with the insurer;

(2)  the insurer is deemed to be a trustee of the trust;

(3)  the activities of the segregated fund are deemed to be activities of the trust and not activities of the insurer.

1991, c. 67, s. 10.

11. A person is deemed to be resident in Québec at any time if,

(1)  in the case of a corporation, the corporation is incorporated or continued in Québec and not continued elsewhere;

(2)  in the case of an association, a club, a body or a partnership, or a branch thereof, the member, or a majority of the members, having management and control thereof is or are resident in Québec at that time;

(3)  in the case of an association of employees, it is carrying on activities as such in Québec and has a local union or branch in Québec at that time;

(4)  in the case of an individual, the individual is deemed under any of paragraphs b to f of section 8 of the Taxation Act (chapter I-3) to be resident in Québec at that time.

1991, c. 67, s. 11; 1997, c. 85, s. 419.

11.1. Except for the purpose of determining the place of residence of an individual in the individual’s capacity as a consumer, a person is deemed to be resident in Québec if the person is resident in Canada and has a permanent establishment in Québec.

1997, c. 85, s. 420; 1999, c. 83, s. 306.

11.1.1. A person resident in Québec who has a permanent establishment outside Québec but within Canada is deemed not to be resident in Québec, but only in respect of activities carried on by the person through that establishment.

1999, c. 83, s. 307.

11.2. For the purposes of sections 11.1, 11.1.1 and 22.2 to 22.30, “permanent establishment” of a person means

(1)  in the case of an individual, the succession of a deceased individual or a trust that carries on a business, within the meaning of section 1 of the Taxation Act (chapter I-3), an establishment, within the meaning of the first paragraph of section 12 or section 13 or 15 of the Taxation Act, of the person;

(2)  in the case of a corporation that carries on a business, within the meaning of section 1 of the Taxation Act, an establishment, within the meaning of the first paragraph of section 12 or any of sections 13 to 16 of the Taxation Act;

(3)  in the case of a particular partnership,

(a)  an establishment, within the meaning of the first paragraph of section 12 or section 13 or 15 of the Taxation Act, of a member that is an individual, the succession of a deceased individual or a trust where the establishment relates to a business, within the meaning of section 1 of the Taxation Act, carried on through the partnership,

(b)  an establishment, within the meaning of the first paragraph of section 12 or any of sections 13 to 16 of the Taxation Act, of a member that is a corporation where the establishment relates to a business, within the meaning of section 1 of the Taxation Act, carried on by the particular partnership, or

(c)  a permanent establishment, within the meaning of this section, of a member that is a partnership where the establishment relates to a business, within the meaning of section 1 of the Taxation Act, carried on by the particular partnership; and

(d)  in any other case, a place that would be an establishment, within the meaning of the first paragraph of section 12 or any of sections 13 to 16 of the Taxation Act, of the person if the person were a corporation and its activities were a business for the purposes of that Act.

1997, c. 85, s. 420; 1999, c. 83, s. 308.

12. A person not resident in Canada who has a permanent establishment in Québec is deemed to be resident in Québec, but only in respect of activities carried on by the person through that establishment.

1991, c. 67, s. 12; 1997, c. 85, s. 421.

12.1. Subject to section 12, where, under section 11.1.1 of the Taxation Act (chapter I-3), a corporation is deemed for the purposes of that Act to be resident in a country other than Canada throughout a taxation year of the corporation and not to be resident in Canada at any time in the year, the corporation is deemed to be resident in that other country throughout the year and not to be resident in Canada at any time in the year.

1994, c. 22, s. 365.

13. A person resident in Québec who has a permanent establishment outside Canada is deemed not to be resident in Québec, but only in respect of activities carried on by the person through that establishment.

1991, c. 67, s. 13; 1997, c. 85, s. 421.

14. For the purposes of section 351, a person resident in Canada who has a permanent establishment outside Canada is deemed not to be resident in Canada, but only in respect of activities carried on by the person through that establishment.

1991, c. 67, s. 14.

14.1. A person not resident in Québec is deemed to be resident in Canada at any time if the person is deemed to be resident in Canada at that time under the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

1995, c. 63, s. 300.

15. The fair market value of property or a service supplied to a person is determined without reference to any tax excluded by section 52 from the consideration for the supply.

1991, c. 67, s. 15.

CHAPTER II TAXATION

DIVISION I IMPOSITION OF TAX

§ 1 . — Taxable supply made in Québec

1994, c. 22, s. 366.

16. Every recipient of a taxable supply made in Québec shall pay to the Minister of Revenue a tax in respect of the supply calculated at the rate of 7.5% on the value of the consideration for the supply.

However, the rate of the tax in respect of a taxable supply that is a zero-rated supply is 0%.

1991, c. 67, s. 16; 1993, c. 19, s. 168; 1994, c. 22, s. 367; 1995, c. 1, s. 248; 1997, c. 85, s. 422.

16.1. Every recipient of a zero-rated supply of a product mentioned in paragraph 1.1 of section 177 who begins, at any time, to use the product to make wine or beer shall, immediately after that time, pay to the Minister a tax in respect of the product calculated at the rate of 7.5% of the value of the consideration for the supply.

This section does not apply in respect of a product that a registrant begins to use exclusively in the course of his commercial activities and in respect of which the registrant would be entitled to claim an input tax refund had he paid the tax provided for in the first paragraph in respect of the product.

1997, c. 14, s. 330; 1997, c. 85, s. 423.

§ 2 . — Bringing into Québec of corporeal property

1994, c. 22, s. 368.

17. Every person who brings into Québec corporeal property for consumption or use in Québec by the person or at the person’s expense by another person or for supply in Québec for consideration where the person is a small supplier who is not a registrant shall, immediately after the bringing into Québec of the property, pay to the Minister a tax in respect of that property, calculated at the rate of 7.5 % on the value of the property.

For the purposes of the first paragraph, the value of the property means

(1)  in the case of property produced by the person outside Québec but in Canada and brought into Québec within 12 months after it is produced, the cost price of the property, including the tax paid or payable by the person under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the elements of the cost price;

(2)  in the case of property, other than a road vehicle referred to in subparagraph 2.1, supplied to the person outside Québec by way of sale and consumed or used in Québec within 12 months after it is supplied, the value of the consideration for the supply;

(2.1)  in the case of a used road vehicle supplied to the person outside Québec by way of sale that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the person,

(a)  where the vehicle is used in Québec within 12 months after the supply, the value of the consideration for the supply or, if the supply is made for no consideration or for consideration less than the estimated value of the vehicle, that estimated value, and

(b)  where the vehicle is not used in Québec within 12 months after the supply, the estimated value of the vehicle;

(2.2)  in the case of property supplied by way of sale outside Québec to a person who is a small supplier, other than a registrant, and who brings the property into Québec for supply in Québec for consideration,

(a)  if the property is property other than a used road vehicle referred to in subparagraph b, the value of the consideration, and

(b)  if the property is a used road vehicle that must be registered under the Highway Safety Code following an application by the person, the value of the consideration for the supply to the person or, where the supply is made without consideration or for consideration less than the estimated value of the vehicle, that estimated value;

(3)  in the case of property supplied to the person by way of lease, licence or similar arrangement outside Québec, the value of the consideration for the supply that can reasonably be attributed to the right of enjoyment of the property in Québec;

(4)  in any other case, the fair market value of the property.

Notwithstanding the second paragraph, the value of property brought into Québec in prescribed circumstances shall be determined in the prescribed manner.

The first paragraph does not apply in respect of

(1)  corporeal property, where tax under section 16 is payable in respect of the supply of the property;

(2)  goods to which section 81 applies;

(3)  (subparagraph repealed);

(4)  corporeal property brought into Québec by a registrant for exclusive consumption or use in the course of the commercial activities of the registrant and in respect of which the registrant would, if he had paid tax under the first paragraph in respect of the property, be entitled to apply for an input tax refund.

A person who brings corporeal property into Québec includes any person who causes such property to be brought into Québec.

1991, c. 67, s. 17; 1993, c. 19, s. 169; 1995, c. 1, s. 249; 1995, c. 63, s. 301; 1997, c. 85, s. 424.

17.0.1. For the purposes of subparagraph 2.1 and subparagraph b of subparagraph 2.2 of the second paragraph of section 17, the estimated value of a road vehicle is

(1)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month in which the vehicle is brought into Québec, of the Guide d’Évaluation des Automobiles published by Hebdo Mag Inc., that price less an amount of $500;

(1.1)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month in which the vehicle is brought into Québec, of the Guide d’Évaluation des Camions Légers published by Hebdo Mag Inc., that price less an amount of $500;

(2)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month preceding the month in which the vehicle is brought into Québec, of the Canadian Motorcycle Dealers Blue Book published by All Seasons Publications Ltd., that price less an amount of $500;

(3)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month preceding the month in which the vehicle is brought into Québec, of the Canadian ATV, Snowmobile & Watercraft Dealers Blue Book published by All Seasons Publications Ltd., that price less an amount of $500; and

(4)  in any other case, the value of the vehicle prescribed by the Minister.

1995, c. 1, s. 250; 1995, c. 63, s. 302; 1997, c. 14, s. 331.

17.0.2. Where subparagraph a of subparagraph 2.1 or subparagraph b of subparagraph 2.2 of the second paragraph of section 17 applies in respect of a road vehicle that is damaged or that shows unusual wear at the time it is supplied to a person, that is brought into Québec by the person immediately after that time and immediately after the bringing of the vehicle into Québec, the person provides the Minister or a person prescribed for the purposes of section 473 with a written estimate of the vehicle or of the repairs to be carried out in respect of the vehicle, made by the person referred to in the second paragraph of section 55.0.3, the value of the vehicle that corresponds to the estimated value of the vehicle described in section 17.0.1 may be reduced by an amount equal to

(1)  the amount by which that value exceeds the value of the vehicle stated in the written estimate; or

(2)  the amount by which the value stated in the written estimate of the repairs to be carried out in respect of the vehicle exceeds $500.

1995, c. 1, s. 250; 1995, c. 63, s. 303.

17.1. For the purposes of section 17, where a person brings into Québec a road vehicle (in this section referred to as the “road vehicle brought”) that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the person and which the person acquired by way of a supply made outside Québec by a supplier of another jurisdiction, the value of the vehicle on which the tax under the said section must be calculated shall be reduced by any credit granted by the supplier for another road vehicle he accepted in full or partial consideration for the supply of the road vehicle brought, where the following conditions are met:

(1)  the person owned the road vehicle thus given in exchange and paid, in respect of the vehicle, tax under this Act or the tax prescribed by Chapter II of the Retail Sales Tax Act (chapter I-1), or any tax of the same nature levied by another jurisdiction, other than the tax payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

(2)  the road vehicle thus given in exchange was a used vehicle and, where tax was paid in respect of that vehicle, the person is not entitled to a rebate of the tax so paid;

(3)  the jurisdiction in which the supply of the road vehicle brought was made grants the same tax abatement to persons resident or carrying on a business in its territory;

(4)  (paragraph repealed);

(5)  the person is not required to collect the tax payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of a road vehicle so given in exchange.

1993, c. 19, s. 170; 1995, c. 63, s. 304; 1999, c. 83, s. 309.

17.2. (Repealed).

1993, c. 19, s. 170; 1995, c. 63, s. 305.

17.3. (Repealed).

1993, c. 19, s. 170; 1995, c. 1, s. 251; 1995, c. 63, s. 306.

17.4. Notwithstanding section 17, no tax is payable in respect of corporeal property brought into Québec for consumption, use or supply as supplies related to a convention where the property is brought into Québec by the sponsor of a foreign convention or the organizer of such a convention who is not registered under Division I of Chapter VIII.

1994, c. 22, s. 369.

17.5. Subject to section 404, a person is entitled to a rebate of tax paid under section 17 in respect of the bringing into Québec of corporeal property from outside Canada where

(1)  the person paid tax in respect of the property acquired by the person on consignment, approval or other similar terms;

(2)  the property is, within 60 days after its release within the meaning of the Customs Act (Revised Statutes of Canada, 1985, chapter 1, 2nd Supplement) but before it is used or consumed otherwise than on a trial basis, shipped outside Québec by the person for the purpose of returning it to the supplier and is not damaged after its release and before its shipping; and

(3)  within two years after the day the tax was paid, the person files with the Minister an application, in prescribed form containing prescribed information, for a rebate of the tax.

1994, c. 22, s. 369; 1997, c. 85, s. 425.

17.6. Subject to section 404, a person is entitled to a rebate of tax paid under section 17 in respect of the bringing into Québec of corporeal property from Canada but outside Québec where

(1)  the person paid tax in respect of the property acquired by the person on consignment, approval or other similar terms;

(2)  the property is, within 60 days after its being brought into Québec but before it is used or consumed otherwise than on a trial basis, shipped outside Québec by the person for the purpose of returning it to the supplier and is not damaged after its being brought into Québec and before its shipping; and

(3)  within two years after the day the tax was paid, the person files with the Minister an application, in prescribed form containing prescribed information, for a rebate of the tax.

1994, c. 22, s. 369; 1997, c. 85, s. 426.

17.7. Subject to section 404, an individual is entitled to a rebate of tax paid under section 17 in respect of the bringing into Québec of a pleasure boat for the purpose of storing it during the winter where

(1)  the individual paid tax in respect of the bringing into Québec of the pleasure boat;

(2)  the pleasure boat is taken or shipped outside Québec within a reasonable period of time after the winter storage;

(3)  within four years after the date on which the pleasure boat was taken or shipped outside Québec, the individual files with the Minister an application, in prescribed form containing prescribed information, for a rebate of the tax; and

(4)  the application for a rebate is filed with proof establishing that the individual paid tax in respect of the pleasure boat and that the pleasure boat was shipped or taken outside Québec after the winter storage.

1997, c. 14, s. 332.

§ 3 . — Taxable supply made outside Québec or by a non-resident person who is not registered

1994, c. 22, s. 369; 1995, c. 1, s. 252.

18. Every recipient of a taxable supply, other than a zero-rated supply or a supply referred to in section 18.0.1, shall pay to the Minister a tax in respect of the supply calculated at the rate of 7.5 % on the value of the consideration for the supply if the supply is

(1)  a supply, other than a prescribed supply, of a service made outside Québec to a person who is resident in Québec, other than a supply of a service that is

(a)  acquired for consumption, use or supply exclusively in the course of commercial activities of the person or activities that are engaged in exclusively outside Québec by the person and that are not part of a business or an adventure or concern in the nature of trade engaged in by the person in Québec,

(b)  consumed by an individual exclusively outside Québec, other than a training service the supply of which is made to a person who is not a consumer,

(c)  in respect of an immovable situated outside Québec,

(d)  a service (other than a custodial or nominee service in respect of securities or precious metals of the person) in respect of corporeal movable property that is

i.  situated outside Québec at the time the service is performed, or

ii.  shipped outside Québec as soon after the service is performed as is reasonable having regard to the circumstances surrounding the shipping outside Québec and is not consumed, used or supplied in Québec after the service is performed and before the shipping outside Québec of the property,

(e)  a transportation service, other than a freight transportation service the supply of which is referred to in section 24.2, or

(f)  a service rendered in connection with criminal, civil or administrative litigation outside Québec, other than a service rendered before the commencement of such litigation;

(2)  a supply, other than a prescribed supply, of incorporeal movable property made outside Québec to a person who is resident in Québec, other than a supply of property that

(a)  is acquired for consumption, use or supply exclusively in the course of commercial activities of the person or activities that are engaged in exclusively outside Québec by the person and that are not part of a business or an adventure or concern in the nature of trade engaged in by the person in Québec,

(b)  may not be used in Québec, or

(c)  relates to an immovable situated outside Québec, to a service to be performed wholly outside Québec or to corporeal movable property situated outside Québec;

(3)  a supply, other than a prescribed supply, of corporeal movable property made by a person not resident in Québec who is not registered under Division I of Chapter VIII to a recipient who is a registrant where

(a)  physical possession of the property is transferred to the recipient in Québec by another registrant who has

i.  made in Québec a supply by way of sale of the property or a supply of a service of manufacturing or producing the property to the person not resident in Québec, or

ii.  acquired physical possession of the property in order to make a supply of a commercial service in respect of the property to the person not resident in Québec,

(b)  the recipient gives to the other registrant a certificate of the recipient referred to in subparagraph 3 of the first paragraph of section 327.2,

(c)  the property

i.  is not acquired by the recipient for consumption, use or supply exclusively in the course of commercial activities of the recipient, or

ii.  (subparagraph repealed);

iii.  is a passenger vehicle which the recipient acquires for use in Québec as capital property in the course of commercial activities of the recipient and in respect of which the capital cost to the recipient exceeds the amount deemed under paragraph d.3 or d.4 of section 99 of the Taxation Act (chapter I-3) to be the capital cost of the passenger vehicle to the recipient for the purposes of the said Act; or

(4)  a supply, other than a prescribed supply, of corporeal movable property made at a particular time by a person not resident in Québec who is not registered under Division I of Chapter VIII to a particular recipient resident in Québec where

(a)  the property is delivered or made available, in Québec, to the particular recipient and the particular recipient is not a registrant who is acquiring the property for consumption, use or supply exclusively in the course of commercial activities of the particular recipient, and

(b)  the person not resident in Québec has previously made a taxable supply of the property by way of lease, licence or similar arrangement to a registrant with whom the person was not dealing at arm’s length or who was related to the particular recipient, and

i.  the property was delivered or made available, in Québec, to the registrant,

ii.  the registrant was entitled to claim an input tax refund in respect of the property or was not required to pay tax under this section in respect of the supply solely because he had acquired the property for consumption, use or supply exclusively in the course of commercial activities of the registrant, and

iii.  the supply was the last supply made by the person not resident in Québec to a registrant before the particular time.

1991, c. 67, s. 18; 1993, c. 19, s. 171; 1994, c. 22, s. 370; 1995, c. 1, s. 357; 1995, c. 1, s. 253; 1995, c. 63, s. 307; 1997, c. 85, s. 427.

18.0.1. Every person who is resident in Québec and is the recipient of a taxable supply of incorporeal movable property or a service made outside Québec, otherwise than by reason of section 23 or 24.2, but within Canada that is acquired by the person for consumption, use or supply primarily in Québec shall pay to the Minister, each time consideration, or a part thereof, for the supply becomes due or is paid without having become due, a tax in respect of the supply equal to the amount determined by the formula

A x B x C.

For the purposes of this formula,

(1)  A is 7.5 %;

(2)  B is the value of the consideration or a part thereof that is paid or becomes due at that time; and

(3)  C is the extent, expressed as a percentage, to which the person acquired the property or service for consumption, use or supply in Québec.

No tax is payable in respect of

(1)  a supply of property or a service to a registrant, other than a registrant whose net tax is determined under sections 433.1 to 433.14 or under a regulatory provision made under section 434, who acquired the property or service for consumption, use or supply exclusively in the course of commercial activities of the registrant;

(2)  a zero-rated supply;

(3)  a supply of a service, other than a custodial or nominee service in respect of securities or precious metals of the person, in respect of corporeal movable property that is shipped outside Québec as soon after the service is performed as is reasonable having regard to the circumstances surrounding the shipment outside Québec and is not consumed, used or supplied in Québec after the service is performed and before the property is shipped outside Québec;

(4)  a supply of a service rendered in connection with criminal, civil or administrative litigation outside Québec, other than a service rendered before the commencement of such litigation;

(5)  a supply of a transportation service;

(6)  a supply of a telecommunication service; or

(7)  a prescribed supply of property or a service where the property or service is acquired by the recipient of the supply in prescribed circumstances, in accordance with such terms and conditions as may be prescribed.

For the purposes of the first paragraph, a supply is made in Canada if it is deemed to be made in Canada under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

1997, c. 85, s. 428.

18.0.2. Tax under sections 18 and 18.0.1 that is calculated on consideration, or a part thereof, for a supply that becomes payable at any time, or is paid at any time without having become due, becomes payable at that time.

1997, c. 85, s. 428.

§ 4 . —

Repealed, 1995, c. 63, s. 308.

1995, c. 1, s. 254; 1995, c. 63, s. 308.

18.1. (Repealed).

1995, c. 1, s. 254; 1995, c. 63, s. 308.

DIVISION II SUPPLY AND COMMERCIAL ACTIVITY

§ 1 . — Supply

I.  — Rules relating to a supply

19. (Repealed).

1991, c. 67, s. 19; 1995, c. 63, s. 309.

20. (Repealed).

1991, c. 67, s. 20; 1995, c. 63, s. 310.

20.1. A supply made otherwise than in the course of a commercial activity of a road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the recipient of the supply is deemed to be a taxable supply.

1993, c. 19, s. 172; 1995, c. 63, s. 311.

II.  — Presumptions respecting place of supply

21. (Repealed).

1991, c. 67, s. 21; 1994, c. 22, s. 371; 1995, c. 1, s. 255; 1997, c. 85, s. 429.

22. (Repealed).

1991, c. 67, s. 22; 1997, c. 85, s. 429.

22.1. (Repealed).

1994, c. 22, s. 372; 1997, c. 85, s. 429.

1.  — Definitions and interpretation

1997, c. 85, s. 430.

22.2. For the purposes of sections 22.2 to 22.30,

“lease interval”, in respect of a supply by way of lease, licence or similar arrangement, has the meaning assigned by section 32.2;

“place of negotiation” of a supply means the location of the supplier’s permanent establishment at which the individual principally involved in negotiating for the supplier the agreement for the supply ordinarily works, or to which that individual ordinarily reports, in the performance of the individual’s duties in relation to the activities of the supplier in the course of which the supply is made and, for the purposes of this definition, “negotiating” includes the making or acceptance of an offer;

“province” means a province of Canada and includes

(1)  the Northwest Territories;

(2)  the Yukon Territory;

(3)  the Nova Scotia offshore area within the meaning of the Canada — Nova Scotia Offshore Petroleum Resources Accord Implementation Act (Statutes of Canada, 1988, chapter 28), to the extent that that area is a participating province within the meaning assigned by subsection 1 of section 123 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

(4)  the Newfoundland offshore area, within the meaning of the Canada — Newfoundland Atlantic Accord Implementation Act (Statutes of Canada, 1987, chapter 3), to the extent that that area is a participating province within the meaning assigned by subsection 1 of section 123 of the Excise Tax Act.

1997, c. 85, s. 430.

22.3. For the purposes of sections 22.2 to 22.30, a floating home, and a mobile home that is not affixed to land are each deemed to be corporeal movable property and not immovables.

1997, c. 85, s. 430.

22.4. For the purposes of sections 22.2 to 22.30, where an agreement for the supply of property or a service is entered into but the property is not delivered to the recipient or the service is not performed, the property is deemed to have been delivered, or the service is deemed to have been performed, where the property or service was to be delivered or performed, as the case may be, under the terms of the agreement.

1997, c. 85, s. 430.

22.5. Where, for the purpose of determining, under sections 22.2 to 22.30, if a supply is made in Québec, reference is made to the ordinary location of property and, from time to time, the supplier and the recipient mutually agree upon what is to be the ordinary location of the property at a particular time, that location is deemed, for the purposes of sections 22.2 to 22.30, to be the ordinary location of that property at the particular time.

1997, c. 85, s. 430.

22.6. Sections 22.7 to 22.30 apply subject to sections 23, 24.2, 327.2 and 327.3.

1997, c. 85, s. 430.

2.  — Corporeal movable property

1997, c. 85, s. 430.

22.7. A supply of corporeal movable property by way of sale is deemed to be made in Québec if the property is delivered in Québec to the recipient of the supply.

1997, c. 85, s. 430.

22.8. A supply of corporeal movable property otherwise than by way of sale is deemed to be made in Québec if

(1)  in the case of a supply made under an agreement under which continuous possession or use of the property is provided for a period of not more than three months, the property is delivered in Québec to the recipient of the supply; and

(2)  in any other case,

(a)  where the property is a road vehicle, it is required, at the time the supply is made, to be registered under the Highway Safety Code (chapter C-24.2),

(b)  where the property is not a road vehicle, the ordinary location of the property, as determined at the time the supply is made, is in Québec, and

(c)  where the possession or use of the property is given or made available in Québec to the recipient and the property is neither property referred to in subparagraph a or b nor

i.  property that is a specified motor vehicle within the meaning of subsection 1 of section 123 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) that is required, at the time the supply is made, to be registered under the laws of another province relating to the registration of motor vehicles, or

ii.  property, other than a specified motor vehicle referred to in subparagraph i, the ordinary location of which, as determined at the time the supply is made, is in another province.

Notwithstanding the first paragraph, a supply of corporeal movable property otherwise than by way of sale is deemed to be made outside Québec if possession or use of the property is given or made available outside Canada to the recipient.

1997, c. 85, s. 430; 1998, c. 16, s. 310.

22.9. For the purposes of sections 22.7, 22.8 and 22.21 to 22.24,

(1)  property is deemed to be delivered in Québec where the supplier

(a)  ships the property to a destination in Québec that is specified in the contract for carriage of the property or transfers possession of the property to a common carrier or consignee that the supplier has retained on behalf of the recipient to ship the property to such a destination, or

(b)  sends the property by mail or courier to an address in Québec; and

(2)  property is deemed to be delivered outside Québec where the supplier

(a)  ships the property to a destination in another province that is specified in the contract for carriage of the property or transfers possession of the property to a common carrier or consignee that the supplier has retained on behalf of the recipient to ship the property to such a destination, or

(b)  sends the property by mail or courier to an address in another province.

The first paragraph does not apply where the property is corporeal movable property supplied by way of sale that is, or is to be, delivered outside Canada to the recipient.

1997, c. 85, s. 430.

3.  — Incorporeal movable property

1997, c. 85, s. 430.

22.10. For the purposes of section 22.11, “Canadian rights” in respect of incorporeal movable property means that part of the property that can be used in Canada.

1997, c. 85, s. 430.

22.11. A supply of incorporeal movable property is deemed to be made in Québec if

(1)   in the case of property that relates to an immovable,

(a)  that part of the immovable that is situated in Canada is all or substantially all situated in Québec,

(b)  the place of negotiation of the supply is in Québec and it is not the case that all or substantially all of the immovable is situated outside Québec, or

(c)  that part of the immovable that is situated in Canada is situated primarily in Québec and

i.  where the place of negotiation of the supply is outside Canada, all or substantially all of the immovable is situated in Canada, and

ii.  where the place of negotiation of the supply is situated in another province, all or substantially all of the immovable is situated outside that province;

(2)  in the case of property that relates to corporeal movable property,

(a)  that part of the corporeal movable property that is ordinarily located in Canada is all or substantially all ordinarily located in Québec,

(b)  the place of negotiation of the supply is in Québec and it is not the case that all or substantially all of the corporeal movable property is ordinarily located outside Québec, or

(c)  that part of the corporeal movable property that is ordinarily located in Canada is ordinarily located primarily in Québec and

i.  where the place of negotiation of the supply is outside Canada, all or substantially all of the movable property is ordinarily located in Canada, and

ii.  where the place of negotiation of the supply is in another province, all or substantially all of the movable property is ordinarily located outside that province;

(3)  in the case of property that relates to services that are to be performed,

(a)  all or substantially all of the services that are to be performed in Canada are to be performed in Québec,

(b)  the place of negotiation of the supply is in Québec and it is not the case that all or substantially all of the services are to be performed outside Québec, or

(c)   the services that are to be performed in Canada are to be performed primarily in Québec and

i.  where the place of negotiation of the supply is outside Canada, all or substantially all of the services are to be performed in Canada, and

ii.  where the place of negotiation of the supply is in another province, all or substantially all of the services are to be performed outside that province; and

(4)  in any other case,

(a)  all or substantially all of the Canadian rights in respect of the property can be used only in Québec,

(b)  the place of negotiation of the supply is in Québec and the property can be used otherwise than exclusively outside Québec, or

(c)  the Canadian rights in respect of the incorporeal movable property cannot be used otherwise than primarily in Québec and

i.  where the place of negotiation of the supply is outside Canada, the property cannot be used otherwise than exclusively in Canada, and

ii.  where the place of negotiation of the supply is in another province, the property cannot be used otherwise than exclusively outside that province.

1997, c. 85, s. 430.

4.  — Immovable

1997, c. 85, s. 430.

22.12. A supply of an immovable is deemed to be made in Québec if the immovable is situated in Québec.

1997, c. 85, s. 430.

22.13. A supply of a service in relation to an immovable is deemed to be made in Québec if

(1)  all or substantially all of the immovable that is situated in Canada is situated in Québec;

(2)  the place of negotiation of the supply is in Québec and it is not the case that all or substantially all of the immovable is situated outside Québec; or

(3)  all or substantially all of the immovable that is situated in Canada is situated primarily in Québec, unless

(a)  the place of negotiation of the supply is outside Canada and it is not the case that all or substantially all of the immovable is situated in Canada, or

(b)  the place of negotiation of the supply is in another province and it is not the case that all or substantially all of the immovable is situated outside that province.

1997, c. 85, s. 430.

5.  — Service

1997, c. 85, s. 430.

22.14. For the purposes of section 22.15, “Canadian element” of a service means the portion of the service that is performed in Canada.

1997, c. 85, s. 430.

22.15. A supply of a service, other than a service referred to in sections 22.13 and 22.16 to 22.27, is deemed to be made in Québec if

(1)  all or substantially all of the Canadian element of the service is performed in Québec;

(2)  the place of negotiation of the supply is in Québec and it is not the case that all or substantially all of the service is performed outside Québec; or

(3)  the Canadian element of the service is performed primarily in Québec, unless

(a)  the place of negotiation of the supply is outside Canada and it is not the case that all or substantially all of the service is performed in Canada, or

(b)  the place of negotiation of the supply is in another province and it is not the case that all or substantially all of the service is performed outside that province.

1997, c. 85, s. 430; 1998, c. 16, s. 310.

6.  — Transportation service

1997, c. 85, s. 430.

22.16. For the purposes of this section and sections 22.17 to 22.20,

“continuous journey” has the meaning assigned by section 193;

“destination” of a freight transportation service means the place specified by the shipper of the property where possession of the property is transferred to the person to whom the property is consigned or addressed by the shipper;

“freight transportation service” has the meaning assigned by section 193;

“origin” of a continuous journey has the meaning assigned by section 193;

“stopover”, in respect of a continuous journey, has the meaning assigned by section 193 except that it does not include, in the case of a continuous journey of an individual or group of individuals that does not include transportation by air and the origin and termination of which are in Canada, any place outside Canada where, at the time the journey begins, the individual or group is not scheduled to be outside Canada for an uninterrupted period of at least 24 hours during the course of the journey;

“termination” of a continuous journey has the meaning assigned by section 193.

1997, c. 85, s. 430.

22.17. A supply of a passenger transportation service that is part of a continuous journey is deemed to be made in Québec if

(1)  where the ticket or voucher issued in respect of the passenger transportation service included in the continuous journey that is provided first specifies the origin of the continuous journey, the origin is a place in Québec and the termination, and all stopovers, in respect of the continuous journey are in Canada; or

(2)  in any other case, the place of negotiation of the supply is in Québec.

1997, c. 85, s. 430.

22.18. A supply by a person of a service of transporting an individual’s baggage in connection with a passenger transportation service supplied by the person to the individual is deemed to be made in Québec if the supply of the transportation service is made in Québec.

1997, c. 85, s. 430.

22.19. Subject to sections 22.21 to 22.24, a supply of a freight transportation service is deemed to be made in Québec if the destination of the service is in Québec.

1997, c. 85, s. 430.

22.20. A supply of a freight transportation service made from a place in Québec to a place outside Canada is deemed to be made in Québec.

1997, c. 85, s. 430.

7.  — Postal service

1997, c. 85, s. 430.

22.21. For the purposes of this section and sections 22.22 to 22.24,

“permit imprint” means an indicia the use of which as evidence of the payment of postage exclusively by a person is authorized under an agreement between the Canada Post Corporation and the person, but does not include a postage meter impression or any “business reply” indicia or item bearing that indicia;

“postage stamp” means a stamp authorized by the Canada Post Corporation for use as evidence of the payment of postage, but does not include a postage meter impression, a permit imprint or any “business reply” indicia or item bearing that indicia.

1997, c. 85, s. 430.

22.22. A supply of a postage stamp or a postage-paid card, package or similar item, other than an item bearing a “business reply” indicia, that is authorized by the Canada Post Corporation is deemed to be made in Québec if the supplier delivers the stamp or item in Québec to the recipient of the supply and, where the stamp or item is used as evidence of the payment of postage for a mail delivery service, the supply of the service is deemed to be made in Québec, unless

(1)  the supply of the service is made pursuant to a bill of lading; or

(2)  the consideration for the supply of the service is $5 or more, without reference to tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), and the address to which the mail is sent is not in Québec.

1997, c. 85, s. 430.

22.23. Where the payment of postage for a mail delivery service supplied by the Canada Post Corporation is evidenced by a postage meter impression printed by a meter, the supply of the service is deemed to be made in Québec if the ordinary location of the meter, as determined at the time the recipient of the supply pays an amount to the Corporation for the purpose of paying that postage, is in Québec, unless the supply is made pursuant to a bill of lading.

1997, c. 85, s. 430.

22.24. Where the payment of postage for a mail delivery service supplied by the Canada Post Corporation otherwise than pursuant to a bill of lading is evidenced by a permit imprint, the supply of the service is deemed to be made in Québec if the recipient of the supply deposits the mail in Québec with the Corporation in accordance with the agreement between the recipient and the Corporation authorizing the use of the permit imprint.

1997, c. 85, s. 430.

8.  — Telecommunication service

1997, c. 85, s. 430.

22.25. For the purposes of section 22.26, the billing location for a telecommunication service supplied to a recipient is in Québec if

(1)  where the consideration paid or payable for the service is charged or applied to an account that the recipient has with a person who carries on the business of supplying telecommunication services and the account relates to a telecommunications facility that is used or is available for use by the recipient to obtain telecommunication services, that telecommunications facility is ordinarily located in Québec; and

(2)  in any other case, the telecommunications facility used to initiate the service is located in Québec.

1997, c. 85, s. 430.

22.26. A supply of a telecommunication service, other than a service referred to in section 22.27, is deemed to be made in Québec if,

(1)  in the case of a telecommunication service of making telecommunications facilities available,

(a)  all of those facilities are ordinarily located in Québec,

(b)  part of the facilities is ordinarily located in Québec and the other part thereof is ordinarily located outside Canada, or

(c)  where not all of the telecommunications facilities are ordinarily located in Québec, any part of the facilities is ordinarily located in another province and the invoice for the supply of the service is sent to an address in Québec; or

(2)  in any other case,

(a)  the telecommunication is emitted and received in Québec,

(b)  the telecommunication is emitted or received in Québec and the billing location for the service is in Québec, or

(c)  the telecommunication is emitted in Québec and is received outside Québec and

i.  where the telecommunication is received outside Canada, the billing location is in another province, or

ii.  where the telecommunication is received in another province, the billing location is not in that province.

1997, c. 85, s. 430.

22.27. A supply of a telecommunication service of granting to the recipient of the supply sole access to a telecommunications channel, within the meaning of section 32.6, for transmitting telecommunications between a place in Québec and a place outside Québec but within Canada is deemed to be made in Québec.

1997, c. 85, s. 430.

9.  — Deemed supply and prescribed supply

1997, c. 85, s. 430.

22.28. Notwithstanding sections 22.7 to 22.27, a supply of property that is deemed under any of sections 207 to 210.4, 238.1, 285 to 287, 298, 300, 320, 323.1, 325 and 337.2 to 341.9 to have been made or received at any time is deemed to be made in Québec if the property is situated in Québec at that time.

1997, c. 85, s. 430.

22.29. Notwithstanding sections 22.7 to 22.27, a supply of property or a service is deemed to be made in Québec if the supply is deemed to be made in Québec under another provision of this Title or a provision of the Regulation respecting the Québec sales tax (Order in Council 1607-92 (1992, G.O. 2, 4952)) with amendments and future amendments.

1997, c. 85, s. 430.

22.30. Notwithstanding sections 22.7 to 22.27, a prescribed supply of property or a service is deemed to be made in Québec.

1997, c. 85, s. 430.

22.31. Notwithstanding sections 22.13 to 22.27, a supply of a service is deemed to be made outside Québec if it is a supply of a prescribed service.

1997, c. 85, s. 430.

10.  — Special rules

1997, c. 85, s. 430.

22.32. A supply that is not deemed to be made in Québec under sections 22.7 to 22.24 and 22.28 to 22.30 is deemed to be made outside Québec.

1997, c. 85, s. 430.

23. A supply of movable property or a service made in Québec by a person who is not resident in Québec is deemed to be made outside Québec, unless

(1)  the supply is made in the course of a business carried on in Québec;

(2)  at the time the supply is made, the person is registered under Division I of Chapter VIII; or

(3)  the supply is the supply of an admission in respect of an activity, a seminar, an event or a place of amusement where the non-resident person did not acquire the admission from another person.

1991, c. 67, s. 23.

24. (Repealed).

1991, c. 67, s. 24; 1994, c. 22, s. 373.

24.1. Notwithstanding sections 22.32 and 23, a supply of prescribed corporeal movable property made by a person who is registered under Division I of Chapter VIII is deemed to be made in Québec if the property is sent, by mail or courier, to the recipient of the supply at an address in Québec.

1994, c. 22, s. 374; 1997, c. 85, s. 431.

24.2. The following are deemed made outside Québec:

(1)  a supply of a freight transportation service in respect of the transportation of corporeal movable property from a place in Canada outside Québec to a place in Québec;

(2)  a supply of a freight transportation service in respect of the transportation of corporeal movable property between two places in Québec where the service is part of a continuous freight movement, within the meaning of section 193, from a place in Canada outside Québec to a place in Québec and where the supplier of the service maintains documentary evidence satisfactory to the Minister that the service is part of a continuous freight movement from a place in Canada outside Québec to a place in Québec.

1994, c. 22, s. 374; 1997, c. 85, s. 432.

III.  — Other presumptions

1.  — General provisions

1994, c. 22, s. 375.

25. Where a person carries on a business through a permanent establishment of the person in Québec and through another permanent establishment of the person outside Québec,

(1)  any transfer of movable property or rendering of a service by the permanent establishment in Québec to the permanent establishment outside Québec is deemed to be a supply of the property or service; and

(2)  in respect of that supply, the permanent establishments are deemed to be separate persons who deal with each other at arm’s length.

1991, c. 67, s. 25.

26. For the purposes of sections 18 and 18.0.1, where a person carries on a business through a permanent establishment of the person in Québec and through another permanent establishment outside Québec,

(1)  any transfer of movable property or rendering of a service by one permanent establishment to the other permanent establishment is deemed to be a supply of the property or service;

(2)  in respect of that supply, the permanent establishments are deemed to be separate persons who deal with each other at arm’s length;

(3)  the value of the consideration for that supply is deemed to be equal to the fair market value of the supply at the time the property is so transferred or the service is so rendered; and

(4)  the consideration for that supply is deemed to have become due and to have been paid, by the permanent establishment (in this paragraph referred to as “the recipient”) to which the property was transferred or the service was rendered, to the other permanent establishment at the end of the taxation year of the recipient in which the property was transferred or the service was rendered.

1991, c. 67, s. 26; 1994, c. 22, s. 376; 1997, c. 85, s. 433.

26.1. For the purposes of sections 25 and 26, “permanent establishment” has the meaning assigned by section 11.2 where a person is resident in Québec otherwise than by reason of section 12.

1997, c. 85, s. 434.

27. Where an agreement is entered into to provide property or a service,

(1)  the entering into of the agreement is deemed to be a supply of the property or service made at the time the agreement is entered into; and

(2)  any provision of property or a service under the agreement is deemed to be part of the supply referred to in paragraph 1 and not a separate supply.

1991, c. 67, s. 27.

28. Where, under an agreement entered into in respect of a debt or obligation, a person transfers property or an interest in property for the purpose of securing payment of the debt or performance of the obligation, the transfer is deemed not to be a supply.

Where, on payment of the debt or performance of the obligation or the extinguishing of the debt or obligation, the property or interest is retransferred, the retransfer of the property or interest is deemed not to be a supply.

1991, c. 67, s. 28.

29. Where a public sector body makes a supply of a service, or a supply of the use by way of licence of a copyright, trade-mark, trade-name or other similar property of the body, to a person who is the sponsor of an activity of the body for use by the person exclusively in publicizing the person’s business, the supply by the body of the service or the use of the property is deemed not to be a supply.

This section does not apply where it may reasonably be regarded that the consideration for the supply is primarily for a service of advertising by means of radio or television or in a newspaper, magazine or other publication published periodically, or for a prescribed service.

1991, c. 67, s. 29; 1997, c. 85, s. 435.

30. A supply, by way of lease, licence or similar arrangement, of the use or right to use an immovable or corporeal movable property is deemed to be a supply of an immovable or corporeal movable property, as the case may be.

1991, c. 67, s. 30.

30.1. (Repealed).

1993, c. 19, s. 173; 1995, c. 63, s. 312.

31. Where a supply of an immovable includes the provision of a property described in subparagraph 1 of the second paragraph and a property described in subparagraph 2 of that paragraph,

(1)  the property described in subparagraph 1 of the second paragraph and the property described in subparagraph 2 of that paragraph are each deemed to be a separate property;

(2)  the provision of the property described in subparagraph 1 of the second paragraph is deemed to be a supply separate from the provision of the property described in subparagraph 2 of that paragraph; and

(3)  neither supply is incidental to the other.

The property referred to in the first paragraph is

(1)  an immovable that is

(a)  a residential complex,

(b)  land, a building or part of a building that forms or is reasonably expected to form part of a residential complex, or

(c)  a residential trailer park; or

(2)  another immovable that is not part of an immovable referred to in subparagraph 1.

1991, c. 67, s. 31; 1994, c. 22, s. 377; 1997, c. 85, s. 436.

31.1. (Repealed).

1994, c. 22, s. 378; 1997, c. 85, s. 437.

32. Where a builder of an addition to a multiple unit residential complex makes a supply of the complex or an interest in it by way of sale that, but for this section, would be a taxable supply and, but for the construction of the addition, would be an exempt supply described in section 97,

(1)  the addition and the remainder of the complex are each deemed to be a separate property;

(2)  the sale of the addition or interest in it is deemed to be a supply separate from the sale of the remainder of the complex or interest in it; and

(3)  neither supply is incidental to the other.

1991, c. 67, s. 32; 1994, c. 22, s. 379.

32.1. Where a person who has increased the area of land included in a residential trailer park of the person (in this section referred to as the “additional area”) makes a supply of the park or an interest in it that, but for this section, would be a taxable supply and, but for the additional area, would be an exempt supply described in section 97.3,

(1)  the additional area and the remainder of the park are each deemed to be a separate property;

(2)  the sale of the additional area or the interest therein is deemed to be a supply separate from the sale of the remainder of the park or the interest in the park; and

(3)  neither supply is incidental to the other.

1994, c. 22, s. 380.

32.2. Where a supply of property is made by way of lease, licence or similar arrangement to a person for consideration that includes a payment that is attributable to a period (in this section referred to as the “lease interval”) that is the whole or a part of the period during which possession or use of the property is provided under the arrangement,

(1)  the supplier is deemed to have made, and the person is deemed to have received, a separate supply of the property for the lease interval;

(2)  the supply of the property for the lease interval is deemed to be made on the earliest of

(a)  the first day of the lease interval,

(b)  the day on which the payment that is attributable to the lease interval becomes due, and

(c)  the day on which the payment that is attributable to the lease interval is made; and

(3)  the payment that is attributable to the lease interval is deemed to be consideration payable in respect of the supply of the property for the lease interval.

1997, c. 85, s. 438.

32.3. Where a supply of a service is made to a person for consideration that includes a payment that is attributable to a period (in this section referred to as the “billing period”) that is the whole or a part of the period during which the service is or is to be rendered under the agreement for the supply,

(1)  the supplier is deemed to have made, and the person is deemed to have received, a separate supply of the service for the billing period;

(2)  the supply of the service for the billing period is deemed to be made on the earliest of

(a)  the first day of the billing period,

(b)  the day on which the payment that is attributable to the billing period becomes due, and

(c)  the day on which the payment that is attributable to the billing period is made; and

(3)  the payment that is attributable to the billing period is deemed to be consideration payable in respect of the supply of the service for the billing period.

1997, c. 85, s. 438.

32.4. Where a taxable supply of an immovable includes the provision of an immovable of which part is situated in Québec and another part is situated outside Québec but within Canada, for the purpose of determining whether a taxable supply of the immovable is made in Québec and determining the tax payable, if any, under section 16 in respect of the supply,

(1)  the provision of the part of the immovable that is situated in Québec and the provision of the part of the immovable that is situated outside Québec are each deemed to be a separate taxable supply made for separate consideration; and

(2)  the supply of the part of the immovable that is situated in Québec is deemed to be made for consideration equal to the portion of the total consideration for all of the immovable that may reasonably be attributed to that part.

1997, c. 85, s. 438.

32.5. For the purpose of determining the tax payable under section 16 in respect of a supply of a freight transportation service, within the meaning of section 193, that includes the provision of a service of transporting particular corporeal movable property to a destination in Québec and other corporeal movable property to a destination outside Québec but within Canada and determining whether the supply of the service is made in Québec,

(1)  the provision of the service of transporting the particular property and the provision of the service of transporting the other property are each deemed to be a separate supply made for separate consideration; and

(2)  the supply of the service of transporting the particular property is deemed to be made for consideration equal to the portion of the total consideration that may reasonably be attributed to the transportation of the particular property.

1997, c. 85, s. 438.

32.6. For the purposes of section 32.7, “telecommunications channel” means a telecommunications circuit, line, frequency, channel, partial channel or other means of sending or receiving a telecommunication but does not include a satellite channel.

1997, c. 85, s. 438.

32.7. Where a person supplies a telecommunication service of granting to the recipient of the supply sole access to a telecommunications channel for transmitting telecommunications between a place in Québec and a place outside Québec but within Canada, the consideration for the supply of the service is deemed to be equal to the amount determined by the formula

(A / B) × C.

For the purposes of this formula,

(1)  A is the distance over which the telecommunications would be transmitted in Québec if the telecommunications were transmitted solely by means of cable and related telecommunications facilities located in Canada that connected, in a direct line, the transmitters for emitting and receiving the telecommunications;

(2)  B is the distance over which the telecommunications would be transmitted in Canada if the telecommunications were transmitted solely by such means; and

(3)  C is the total consideration paid or payable by the recipient for the sole access to the telecommunications channel.

1997, c. 85, s. 438.

33. Where corporeal movable property is supplied in a covering or container that is usual for that class of property, the covering or container is deemed to form part of the property so supplied.

1991, c. 67, s. 33.

34. Where a particular property or service is supplied together with any other property or service for a single consideration, and it may reasonably be regarded that the provision of the other property or service is incidental to the provision of the particular property or service, the other property or service is deemed to form part of the particular property or service so supplied.

1991, c. 67, s. 34; 1993, c. 19, s. 174; 1995, c. 1, s. 256.

34.1. (Repealed).

1993, c. 19, s. 175; 1995, c. 63, s. 313.

34.2. (Repealed).

1993, c. 19, s. 175; 1994, c. 22, s. 381; 1995, c. 63, s. 313.

34.3. (Repealed).

1993, c. 19, s. 175; 1995, c. 1, s. 257.

34.4. (Repealed).

1994, c. 22, s. 382; 1995, c. 1, s. 358.

35. Where a listed financial institution makes a supply of one or more financial services together with one or more other services that are not financial services, or with properties that are not capital properties of the institution, for a single consideration, the supply of each of the services and properties is deemed to be a supply of a financial service if

(1)  the financial services are related to the other services or the properties, as the case may be;

(2)  it is the usual practice of the listed financial institution to supply those or similar services, or those or similar properties and services, together in the ordinary course of the business of the institution; and

(3)  the amount which would be the consideration for the financial service so supplied if that financial service had been supplied separately, is greater than 50% of the amount which would be the consideration for a service or property so supplied if that service or property had been supplied separately.

The first paragraph applies only to a supply to which section 139 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) applies.

1991, c. 67, s. 35; 1994, c. 22, s. 383.

36. Where a person makes a supply of a share, bond or other security that represents capital stock or debt of a particular organization, and ownership of the security by the recipient of the supply is a condition of the recipient’s, or another person’s, obtaining a membership, or a right to acquire a membership, in the particular organization or in another organization that is related to the particular organization, the supply of the security is deemed to be a supply of a membership and not a supply of a financial service.

A share in a credit union or in a cooperative corporation the main purpose of which is not to provide recreational, sporting or dining facilities is not a security for the purposes of the first paragraph.

1991, c. 67, s. 36; 1994, c. 22, s. 384; 1997, c. 3, s. 117.

37. (Repealed).

1991, c. 67, s. 37; 1994, c. 22, s. 385.

38. (Repealed).

1991, c. 67, s. 38; 1994, c. 22, s. 385.

39. Notwithstanding section 35, where a discounter within the meaning of the Tax Rebate Discounting Act (Revised Statutes of Canada, 1985, chapter T-3) pays an amount to a person to acquire from that person a right to a refund of tax within the meaning of that Act,

(1)  the discounter is deemed to have made a taxable supply of a service for consideration equal to the lesser of $30 and 2/3 of the amount by which the amount of the refund exceeds the amount paid by the discounter to the person to acquire the right; and

(2)  the discounter is deemed to have made a separate supply of a financial service for consideration equal to the amount by which the amount of the refund exceeds the total of the amount paid by the discounter to the person to acquire the right and the amount determined under paragraph 1.

1991, c. 67, s. 39.

39.1. For the purposes of section 39.2, “feed” means

(1)  grain or seed that is described in paragraph 2 of section 178 and used as feed for farm livestock that is ordinarily raised or kept to produce, or to be used as, food for human consumption or to produce wool;

(2)  feed that is a complete feed, supplement, macro-premix, micro-premix or mineral feed, other than a trace mineral salt feed, the supply of which in bulk quantities of at least 20 kg would be a zero-rated supply included in Division IV of Chapter IV; and

(3)  by-products of the food processing industry and plant or animal products, the supply of which in bulk quantities of at least 20 kg would be a zero-rated supply included in Division IV of Chapter IV.

1994, c. 22, s. 386; 1995, c. 1, s. 258.

39.2. Where, in the course of operating a feedlot that is a farming business within the meaning of the Taxation Act (chapter I-3), a person makes a supply of a service and the consideration for the supply (in this section referred to as the “total charge”) includes a particular amount that is identified in the invoice or agreement in writing for the supply as being attributable to feed,

(1)  the provision of the feed is deemed to be a supply separate from the supply of the service and not to be incidental to the provision of any other property or service;

(2)  the portion, not exceeding 90%, of the total charge that is reasonably attributable to the feed and is included in the particular amount is deemed to be the consideration for the supply of the feed; and

(3)  the difference between the total charge and the consideration for the supply of the feed is deemed to be the consideration for the supply of the service.

1994, c. 22, s. 386.

40. The supply of the following rights is deemed not to be a supply:

(1)  any right to exploit any mineral deposits, peat bogs or deposits of peat or any forestry, fishery or water resources;

(2)   any right to explore relating to the deposits, peat bogs or resources referred to in subparagraph 1;

(3)  any right of entry or user relating to a right referred to in subparagraph 1 or 2; or

(4)  any right to an amount computed by reference to the production, including profit, from, or to an amount computed by reference to the value of production from, the deposits, peat bogs or resources referred to in subparagraph 1.

Any consideration paid or due, or any fee or royalty charged or reserved, in respect of a right referred to in the first paragraph is deemed not to be consideration for the right.

1991, c. 67, s. 40; 1994, c. 22, s. 387.

41. Section 40 does not apply to a supply of a right to take or remove forestry products, products that grow in water, fishery products, minerals or peat or to any right of entry or user relating thereto, where the supply is made

(1)  to a consumer; or

(2)  to a person who is not a registrant and who acquires the right in the course of a business of the person to make supplies of the products, minerals or peat to consumers.

1991, c. 67, s. 41; 1994, c. 22, s. 387.

2.  — Mandatary

1994, c. 22, s. 388.

41.0.1. Where a registrant, in the course of a commercial activity of the registrant, acts as mandatary in making a supply, otherwise than by auction, on behalf of a person who is required to collect tax in respect of the supply otherwise than as a consequence of the application of paragraph 1 of section 41.1 and the registrant and the person jointly elect in prescribed form containing prescribed information, the following rules apply:

(1)  the tax collectible in respect of the supply shall be included in determining the net tax of the registrant and not of the person as if the tax were collectible by the registrant; and

(2)  the registrant and the person are solidarily liable for all obligations that arise upon or as a consequence of the tax becoming collectible or any failure to account for or remit the tax.

1995, c. 63, s. 314; 1997, c. 85, s. 439.

41.1. Where a person (in this section referred to as the “mandator”) makes a supply, other than an exempt or zero-rated supply, of corporeal movable property to a recipient, otherwise than by auction, in the case where the mandator is not required to collect tax in respect of the supply except as provided in this section and a registrant (in this section referred to as the “mandatary”), in the course of a commercial activity of the mandatary, acts as mandatary in making the supply on behalf of the mandator, the following rules apply:

(1)  where the mandator is a registrant and the property was last used, or acquired for consumption or use, by the mandator in an endeavour of the mandator, within the meaning of section 42.0.1, and the mandator and the mandatary jointly elect in writing, the supply of the property to the recipient is deemed to be a taxable supply for the following purposes:

(a)  all purposes of this Title, other than determining whether the mandator may claim an input tax refund in respect of property or services acquired or brought into Québec by the mandator for consumption or use in making the supply to the recipient, and

(b)  the purpose of determining whether the mandator may claim an input tax refund in respect of a service supplied by the mandatary relating to the supply of the property to the recipient; and

(2)  in any other case, the supply of the property to the recipient is deemed to be a taxable supply made by the mandatary and not by the mandator, and the mandatary is deemed, except for the purposes of section 327.7, not to have made a supply to the mandator of a service relating to the supply of the property to the recipient.

1994, c. 22, s. 388; 1995, c. 1, s. 259; 1995, c. 63, s. 315; 1997, c. 85, s. 439.

41.2. Where a registrant (in this section referred to as the “auctioneer”), acting as auctioneer and mandatary for another person (in this section referred to as the “mandator”) in the course of a commercial activity of the auctioneer, makes, on behalf of the mandator, a supply by auction of movable corporeal property to a recipient, the supply is deemed to be a taxable supply made by the auctioneer and not by the mandator, and the auctioneer is deemed, except for the purposes of section 327.7, not to have made a supply to the mandator of a service relating to the supply of the property to the recipient.

1994, c. 22, s. 388; 1995, c. 63, s. 316; 1997, c. 85, s. 439.

41.2.1. Where a registrant (in this section referred to as the “auctioneer”), on a particular day, makes a particular supply by auction of prescribed property on behalf of another registrant (in this section referred to as the “mandator”) and, but for section 41.2, that supply would be a taxable supply made by the mandator, section 41.2 does not apply to the particular supply or to any supply made by the auctioneer to the mandator of a service relating to the particular supply where

(1)  the auctioneer and the mandator jointly elect in prescribed form containing prescribed information in respect of the particular supply; and

(2)  all or substantially all of the consideration for supplies made by auction on the particular day by the auctioneer on behalf of the mandator is attributable to supplies of prescribed property in respect of which the auctioneer and the mandator have elected under this section.

1997, c. 85, s. 440.

41.3. (Repealed).

1994, c. 22, s. 388; 1995, c. 63, s. 317; 1997, c. 85, s. 441.

41.4. (Repealed).

1994, c. 22, s. 388; 1995, c. 1, s. 260; 1995, c. 63, s. 318; 1997, c. 85, s. 441.

41.5. (Repealed).

1994, c. 22, s. 388; 1995, c. 63, s. 319; 1997, c. 85, s. 441.

41.6. Except for sections 294 to 297, 462 and 462.1, where a prescribed registrant, acting in the course of a commercial activity, makes a supply on behalf of another person of incorporeal movable property in respect of a product of an author, performing artist, painter, sculptor or other artist, the following rules apply:

(1)  the other person is deemed not to have made the supply to the recipient;

(2)  the registrant is deemed to have made the supply to the recipient; and

(3)  the registrant is deemed not to have made a supply to the other person of a service in relation to the supply to the recipient.

1994, c. 22, s. 388; 1997, c. 85, s. 442.

§ 2 . — Commercial activity

42. (Repealed).

1991, c. 67, s. 42; 1994, c. 22, s. 389.

42.0.1. For the purposes of sections 42.0.2 to 42.0.9, “endeavour” of a person means

(1)  a business of the person;

(2)  an adventure or concern of the person in the nature of trade; or

(3)  the making of a supply by the person of an immovable of the person, including anything done by the person in the course of or in connection with the making of the supply.

1995, c. 1, s. 261; 1997, c. 85, s. 443.

42.0.1.1. For the purposes of sections 42.0.1.2 to 42.0.5, “consideration” does not include nominal consideration.

1997, c. 85, s. 444.

42.0.1.2. For the purposes of sections 42.0.1 to 42.0.9, where an amount is not consideration for a supply and is a grant, subsidy, forgivable loan or other assistance in the form of money and the assistance may reasonably be considered to be provided for the purpose of funding an activity of the registrant that involves the making of taxable supplies for no consideration, the amount is deemed to be consideration for those supplies where it is received by the registrant from a person who is

(1)  a government, a municipality or a band within the meaning of section 2 of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5);

(2)  a corporation that is controlled by a person referred to in paragraph 1 and one of the main purposes of which is to provide such assistance; or

(3)  a trust, board, commission or other body that is established by a person referred to in paragraph 1 or 2 and one of the main purposes of which is to provide such assistance.

1997, c. 85, s. 444.

42.0.2. Where a person acquires or brings into Québec property or a service for consumption or use in the course of an endeavour of the person, the person is deemed to have acquired or brought into Québec the property or service for consumption or use in the course of commercial activities of the person, to the extent that the property or service is acquired or brought into Québec by the person for the purpose of making taxable supplies for consideration in the course of that endeavour.

1995, c. 1, s. 261; 1995, c. 63, s. 320; 1997, c. 85, s. 445.

42.0.3. Where a person acquires or brings into Québec property or a service for consumption or use in the course of an endeavour of the person, the person is deemed to have acquired or brought into Québec the property or service for consumption or use otherwise than in the course of commercial activities of the person, to the extent that the property or service is acquired or brought into Québec by the person

(1)  for the purpose of making supplies in the course of that endeavour that are not taxable supplies made for consideration; or

(2)  for a purpose other than the making of supplies in the course of that endeavour.

1995, c. 1, s. 261; 1995, c. 63, s. 321; 1997, c. 85, s. 446.

42.0.4. Where a person consumes or uses property or a service in the course of an endeavour of the person, that consumption or use is deemed to be in the course of commercial activities of the person, to the extent that the consumption or use is for the purpose of making taxable supplies for consideration in the course of that endeavour.

1995, c. 1, s. 261; 1995, c. 63, s. 322; 1997, c. 85, s. 447.

42.0.5. Where a person consumes or uses property or a service in the course of an endeavour of the person, that consumption or use is deemed to be otherwise than in the course of commercial activities of the person, to the extent that the consumption or use is

(1)  for the purpose of making supplies in the course of that endeavour that are not taxable supplies made for consideration; or

(2)  for a purpose other than the making of supplies in the course of that endeavour.

1995, c. 1, s. 261; 1995, c. 63, s. 323; 1997, c. 85, s. 448.

42.0.6. Where a supplier makes a taxable supply (in this section referred to as a “free supply”) of property or a service for no consideration or nominal consideration in the course of a particular endeavour of the supplier and it can reasonably be regarded that among the purposes (in this section referred to as the “specified purposes”) for which the free supply is made is the purpose of facilitating, furthering or promoting the acquisition, consumption or use of other property or services by any other person, or an endeavour of any person, the following rules apply:

(1)  for the purposes of sections 42.0.2 and 42.0.3, the supplier is deemed to have acquired or brought into Québec a particular property or service for use in the course of the particular endeavour, and for the specified purposes and not for the purpose of making the free supply, to the extent that the supplier acquired or brought into Québec the particular property or service for the purpose of making the free supply of that property or service or for consumption or use in the course of making the free supply; and

(2)  for the purposes of sections 42.0.4 and 42.0.5, the supplier is deemed to have consumed or used a particular property or service for the specified purposes and not for the purpose of making the free supply, to the extent that he consumed or used the particular property or service for the purpose of making the free supply.

1995, c. 1, s. 261; 1995, c. 63, s. 324.

42.0.7. The methods used by a person in a fiscal year to determine the extent to which properties or services are acquired or brought into Québec by the person for the purpose of making taxable supplies for consideration or for other purposes and the extent to which the consumption or use of properties or services is for the purpose of making taxable supplies for consideration or for other purposes shall be fair and reasonable and shall be used consistently by the person throughout the year.

For the purposes of this section, the fiscal year of a person is the person’s fiscal year within the meaning of section 458.1.

1995, c. 1, s. 261; 1995, c. 63, s. 325; 1997, c. 85, s. 449.

42.0.8. Where under a particular provision of this Title, other than sections 42.0.2 to 42.0.6, certain facts or circumstances are deemed to exist, and that deeming is dependent, in whole or in part, on the particular circumstance that property or a service is or was acquired or brought into Québec for consumption or use, or consumed or used, to a certain extent in the course of, or otherwise than in the course of, commercial activities or other activities, the following rules apply:

(1)  for the purpose of determining whether the particular circumstance exists, that certain extent shall be determined under sections 42.0.2 to 42.0.5; and

(2)  where it is determined that the particular circumstance exists and all other circumstances necessary for the particular provision to apply exist, the deeming by the particular provision applies notwithstanding sections 42.0.2 to 42.0.5.

1995, c. 1, s. 261.

42.0.9. Where under a provision of this Title, the consideration for a supply is deemed not to be consideration for the supply, a supply is deemed to be made for no consideration or a supply is deemed not to have been made by a person, that deeming does not apply for the purposes of sections 42.0.1 to 42.0.6.

1995, c. 1, s. 261.

42.1. A person is deemed to have made a supply of movable property in the course of a commercial activity where the person makes a supply, other than an exempt supply, of movable property that

(1)  was last acquired or brought into Québec by the person for consumption or use in the course of the person’s commercial activities;

(2)  was consumed or used by the person in the course of a commercial activity of the person after it was last acquired or brought into Québec by the person;

(3)  was manufactured or produced by the person in the course of a commercial activity of the person or for consumption or use in the course of a commercial activity of the person, and was not deemed to have been acquired by the person; or

(4)  was manufactured or produced by the person and consumed or used in the course of a commercial activity of the person, and was not deemed to have been acquired by the person.

1994, c. 22, s. 390.

42.2. A person is deemed to have made a supply of movable property otherwise than in the course of commercial activities where the person makes a supply, other than a supply made by way of lease, licence or similar arrangement in the course of a business of the person, of movable property that

(1)  was last acquired or brought into Québec by the person exclusively for consumption or use in the course of activities of the person that are not commercial activities and was not consumed or used by the person in the course of commercial activities of the person after it was last acquired or brought into Québec by the person; or

(2)  was manufactured or produced by the person in the course of activities of the person that are not commercial activities exclusively for consumption or use in the course of activities of the person that are not commercial activities, was not consumed or used in the course of a commercial activity of the person and was not deemed to have been acquired by the person.

1994, c. 22, s. 390.

42.3. A person is deemed to have made a supply of movable property or a service in the course of commercial activities of the person where the person makes a supply by way of sale of movable property or a service that was acquired, brought into Québec, manufactured or produced by the person exclusively for the purpose of making a supply of that property or service by way of sale in the course of a business of the person or in the course of an adventure or concern of the person in the nature of trade, except where

(1)  the supply is an exempt supply;

(2)  section 42.4 applies in respect of the supply; or

(3)  the person is an individual or a partnership, all of the members of which are individuals, who carries on the business or engages in the adventure or concern without a reasonable expectation of profit.

1994, c. 22, s. 390.

42.4. Where a person makes a supply by way of sale of movable property or a service that was acquired, brought into Québec, manufactured or produced by the person exclusively for the purpose of making an exempt supply of the property or service by way of sale, the person is deemed to have made the supply otherwise than in the course of commercial activities.

1994, c. 22, s. 390.

42.5. To the extent that a person does anything, other than make a supply, in connection with the acquisition, establishment, disposition or termination of a commercial activity of the person, the person is deemed to have done that thing in the course of commercial activities of the person.

1994, c. 22, s. 390.

42.6. To the extent that a person does anything, other than make a supply, in connection with the acquisition, establishment, disposition or termination of an activity of the person that is not a commercial activity, the person is deemed to have done that thing otherwise than in the course of commercial activities.

1994, c. 22, s. 390.

42.7. For the purposes of Division I of Chapter VIII and for the purpose of determining an input tax refund, a supply of a financial service by a person is deemed to be made otherwise than in the course of commercial activities of the person, except to the extent that the supply is made in the course of a business carried on by that person.

1995, c. 63, s. 326.

43. Where substantially all of the consumption or use of property or a service by a person is in the course of the person’s commercial activities, all of the consumption or use of the property or service by the person is deemed to be in the course of those activities.

1991, c. 67, s. 43; 1994, c. 22, s. 391.

44. Where substantially all of the consumption or use for which a person acquired or brought into Québec property or a service is in the course of the person’s commercial activities, all of the consumption or use for which the person acquired or brought the property or service is deemed to be in the course of those activities.

1991, c. 67, s. 44; 1994, c. 22, s. 391.

45. Where substantially all of the consumption or use of property or a service by a person is in the course of particular activities of the person that are not commercial activities, all of the consumption or use is deemed to be in the course of those particular activities.

1991, c. 67, s. 45; 1994, c. 22, s. 391.

46. Where substantially all of the consumption or use for which a person acquired or brought into Québec property or a service is in the course of particular activities of the person that are not commercial activities, all of the consumption or use for which the person acquired or brought the property or service is deemed to be in the course of those particular activities.

1991, c. 67, s. 46; 1994, c. 22, s. 391.

47. For the purposes of sections 43 to 46, where an immovable includes a residential complex and another part that is not part of the residential complex,

(1)  the residential complex is deemed to be a property separate from the other part; and

(2)  where property or a service is acquired or brought into Québec for consumption or use in relation to the immovable, sections 43 to 46 apply to the property or service only to the extent that it is acquired or brought into Québec for consumption or use in relation to the part that is not part of the residential complex.

1991, c. 67, s. 47; 1994, c. 22, s. 391; 1997, c. 85, s. 450.

48. The following supplies, when made for consideration by a government or municipality or a board, commission or other body established by a government or municipality are, for greater certainty, deemed to be made in the course of a commercial activity, except where the supply is an exempt supply:

(1)  a supply of a service of testing or inspecting any property for the purpose of verifying or certifying that the property meets particular standards of quality or is suitable for consumption, use or supply in a particular manner;

(2)  a supply to a consumer of a right to hunt or fish;

(3)  a supply of a right to take or remove forestry products, products that grow in water, fishery products, minerals or peat, where the supply is made to

(a)  a consumer, or

(b)  a person who is not a registrant and who acquires the right in the course of a business of the person of making supplies of the products, minerals or peat to consumers;

(4)  a supply of a licence, permit, quota or similar right in respect of the bringing into Québec of alcoholic beverages; and

(5)  a supply of a right to enter, to have access to or to use property of the government, municipality or other body.

1991, c. 67, s. 48; 1994, c. 22, s. 392.

48.1. The following supplies, when made by a sponsor of a foreign convention, are deemed to have been made otherwise than in the course of a commercial activity of the sponsor:

(1)  a supply of an admission to the convention;

(2)  a supply by way of lease, licence or similar arrangement of an immovable for use by the recipient of the supply exclusively as the site for the promotion, at the convention, of a business of, or of property or services supplied by, the recipient; and

(3)  a supply of related convention supplies to the recipient of the supply referred to in paragraph 2.

1994, c. 22, s. 393.

49. (Repealed).

1991, c. 67, s. 49; 1994, c. 22, s. 394; 1995, c. 1, s. 262.

50. (Repealed).

1991, c. 67, s. 50; 1997, c. 85, s. 451.

DIVISION III CONSIDERATION

51. The value of the consideration, or any part thereof, for a supply is deemed to be equal,

(1)  where the consideration or that part is expressed in money, to the amount of the money; and

(2)  where the consideration or that part is expressed otherwise than in money, to the fair market value of the consideration or that part at the time the supply was made.

1991, c. 67, s. 51.

51.1. (Repealed).

1994, c. 22, s. 395; 1995, c. 63, s. 327; 1997, c. 85, s. 452.

52. The consideration for a supply includes any duty, fee or tax imposed under an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory or of the Parliament of Canada on the recipient or the supplier of the supply in respect of the supply, production, importation into Canada, consumption or use of the property or service supplied that is payable by the recipient or the supplier.

Notwithstanding the first paragraph, the consideration for a supply does not include the tax payable under this title or a prescribed duty, fee or tax.

1991, c. 67, s. 52.

52.1. (Repealed).

1993, c. 19, s. 176; 1995, c. 63, s. 328; 1997, c. 85, s. 453.

53. The second paragraph shall apply where

(1)  consideration is paid for a supply and other consideration is paid for one or more other supplies or matters; and

(2)  the consideration for one of the supplies or matters exceeds the consideration that would be reasonable if the other supply were not made or the other matter were not provided.

The consideration for each of the supplies and matters is deemed to be that part of the total of all amounts, each of which is consideration for one of those supplies or matters, that may reasonably be attributed to each of those supplies and matters.

1991, c. 67, s. 53.

54. The value of the consideration or a part of the consideration for a supply of property of a particular class or kind is deemed to be nil where

(1)  the consideration or that part of the consideration for the supply of the property is property of that class or kind; and

(2)  both the supplier and the recipient are registrants; and

(3)  the property is acquired by the recipient and the consideration or that part thereof is acquired by the supplier as inventory for use exclusively in commercial activities of the recipient or supplier, as the case may be.

1991, c. 67, s. 54.

54.1. Where, at the time a supplier makes a supply of corporeal movable property to a recipient, the supplier accepts, in full or partial consideration for the supply, other property (in this section and in section 54.2 referred to as the “trade-in”) that is used corporeal movable property or a leasehold interest therein and is acquired for consumption, use or supply in the course of a commercial activity of the supplier and the recipient is not required to collect tax in respect of the supply of the trade-in, the value of the consideration for the supply made by the supplier is deemed to be equal to the amount by which the value of the consideration for that supply, as otherwise determined, exceeds

(1)  except where paragraph 2 applies, the amount credited to the recipient in respect of the trade-in; and

(2)  where the supplier and the recipient are not dealing with each other at arm’s length at the time the supply is made and the amount credited to the recipient in respect of the trade-in exceeds the fair market value of the trade-in at the time ownership thereof is transferred to the supplier, that fair market value.

1997, c. 85, s. 454.

54.2. Section 54.1 does not apply

(1)  for the purpose of determining, for the purposes of any provision of this Title, whether the value of consideration for a supply of property equals, exceeds or is less than another amount specified in another provision;

(2)  for the purposes of sections 294, 295, 297, 462 and 462.1; or

(3)  to any supply of a trade-in that is a zero-rated supply, a supply made outside Québec or a supply in respect of which no tax is payable because of paragraph 1 of section 75.1 or section 334.

1997, c. 85, s. 454.

55. Where a supply of property or a service is made between persons not dealing with each other at arm’s length for no consideration or for consideration less than the fair market value of the property or service at the time the supply is made, and the recipient of the supply is not a registrant who is acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the recipient,

(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the fair market value of the property or service at that time; and

(2)  if consideration is paid for the supply, the value of the consideration is deemed to be equal to the fair market value of the property or service at that time.

This section does not apply in respect of a supply of property or a service made by a person where

(1)  an amount is deemed under section 290 to be the total consideration for the supply; or

(2)  in the absence of the first paragraph,

(a)  the person, because of section 203 or 206, would not be entitled to claim an input tax refund in respect of the acquisition or bringing into Québec of the property or service by the person,

(b)  section 286 would apply to the supply, or

(c)  the supply would be an exempt supply referred to in Division V.1 or VI of Chapter III.

1991, c. 67, s. 55; 1993, c. 19, s. 177; 1994, c. 22, s. 396; 1995, c. 63, s. 329; 1997, c. 85, s. 455.

55.0.1. Notwithstanding section 55, where a taxable supply by way of sale of a used road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the recipient of the vehicle is made for no consideration or for consideration less than the estimated value of the vehicle, the following rules apply:

(1)  if no consideration is paid for the supply, the supply is deemed to be made for consideration, paid at that time, of a value equal to the estimated value of the vehicle; and

(2)  if the consideration for the supply is less than the estimated value of the vehicle, the value of the consideration is deemed to be equal to that estimated value.

This section does not apply in respect of

(1)  a supply of a road vehicle made following the exercise by the recipient of a right to acquire the vehicle, conferred on him under an agreement in writing for the lease of the vehicle entered into with the supplier;

(2)  a supply of a road vehicle deemed to be made or received for no consideration or for consideration equal to the fair market value of the vehicle; or

(3)  a supply of a road vehicle in respect of which tax is deemed to be collected or paid.

1995, c. 1, s. 263.

55.0.2. For the purposes of section 55.0.1, the estimated value of a road vehicle is

(1)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month in which the vehicle is supplied, of the Guide d’Évaluation des Automobiles published by Hebdo Mag Inc., that price less an amount of $500;

(1.1)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month in which the vehicle is supplied, of the Guide d’Évaluation des Camions Légers published by Hebdo Mag Inc., that price less an amount of $500;

(2)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month preceding the month in which the vehicle is supplied, of the Canadian Motorcycle Dealers Blue Book published by All Seasons Publications Ltd., that price less an amount of $500;

(3)  in the case of a vehicle for which an average wholesale price is listed in the most recent edition, on the first day of the month preceding the month in which the vehicle is supplied, of the Canadian ATV, Snowmobile & Watercraft Dealers Blue Book published by All Seasons Publications Ltd., that price less an amount of $500; and

(4)  in any other case, the value of the vehicle prescribed by the Minister.

1995, c. 1, s. 263; 1995, c. 63, s. 330; 1997, c. 14, s. 333.

55.0.3. Where section 55.0.1 applies in respect of the supply of a road vehicle that is damaged or that shows unusual wear and at the time of the supply the recipient provides the supplier of the vehicle or, in the case of a supply under section 20.1, the Minister or a person prescribed for the purposes of section 473.1, with a written estimate of the vehicle or of the repairs to be carried out in respect of the vehicle, the estimated value of the vehicle described in section 55.0.2 may be reduced by an amount equal to

(1)  the amount by which that value exceeds the value of the vehicle stated in the written estimate; or

(2)  the amount by which the value stated in the written estimate of the repairs to be carried out in respect of the vehicle exceeds $500.

The written estimate shall be made by a person who has been issued an attestation of professional qualification as an estimator of automobile damage by the Groupement des assureurs automobiles.

1995, c. 1, s. 263; 1995, c. 63, s. 331.

55.1. The Minister may determine the value of the consideration for the taxable supply of property or a service on which the tax must be calculated if either

(1)  the supply is not a supply in respect of which section 55 applies, or would apply, but for its second paragraph, and if

(a)  the supply is made for no consideration, or

(b)  the value of the consideration for the supply of the property or service is less than the fair market value of the property or service; or

(2)  the consideration for the supply of the property or service

(a)  is not shown on the invoice or on any other document recording the supply, or

(b)  is combined with the consideration for any other supply that is not a taxable supply other than a zero-rated supply.

1993, c. 19, s. 178.

56. Where the consideration for a supply is expressed in a foreign currency, the value of the consideration shall be computed on the basis of the value of that foreign currency in Canadian currency on the day the tax is payable, or on such other day as is acceptable to the Minister.

1991, c. 67, s. 56.

57. Where corporeal movable property or services are supplied and the amount of consideration for the supply shown in the invoice in respect of the supply may be reduced if the amount thereof is paid within a time specified in the invoice or an additional amount is charged to the recipient by the supplier if the amount of the consideration is not paid within a reasonable period specified in the invoice, the consideration due is deemed to be the amount of consideration shown in the invoice.

1991, c. 67, s. 57.

58. (Repealed).

1991, c. 67, s. 58; 1994, c. 22, s. 397; 1997, c. 85, s. 456.

58.1. (Repealed).

1994, c. 22, s. 398; 1997, c. 85, s. 456.

58.2. (Repealed).

1994, c. 22, s. 398; 1997, c. 85, s. 456.

58.3. Where an individual, because of membership in a trade union or association referred to in paragraph 1 of section 172, participates in activities of the union or association and, as a consequence, is unable to perform duties, under a contract of employment, for the individual’s employer during a period during which the individual would, were it not for the individual’s participation in those activities, be obligated to provide such services, and the union or association pays an amount to the employer as compensation for expenses incurred by the employer as a consequence of the individual’s participation in those activities or for remuneration or benefits given by the employer to the individual in respect of that period, the amount is deemed not to be consideration for a supply.

1994, c. 22, s. 398.

59. (Repealed).

1991, c. 67, s. 59; 1994, c. 22, s. 399.

60. Where a particular person bets an amount on a game of chance, a race or other event, the following rules apply:

(1)  the person with whom the bet is placed is deemed to have made a supply of a service to the particular person;

(2)  where the bet is placed in Québec, that supply is deemed to have been made in Québec; and

(3)  the consideration for that supply is deemed to be equal to the amount determined by multiplying the total amount in respect of the bet that is given by the particular person to the person with whom the bet is placed, including any amount given as or on account of tax imposed on the particular person under this Title, by 100/107.5.

1991, c. 67, s. 60; 1997, c. 85, s. 457.

61. (Repealed).

1991, c. 67, s. 61; 1995, c. 63, s. 332; 1997, c. 85, s. 458.

62. Where a competitor in a competitive event contributes an amount to the prizes to be given to competitors in the event, the contribution is deemed not to be consideration for a supply.

This section does not apply in respect of a contribution, made as part of the fee or charge paid by the competitor in a competitive event for the right or privilege of participating in the event, that is not separately identified as a contribution to the prizes.

1991, c. 67, s. 62.

62.1. An amount that is paid as or on account of demurrage, or by one railway corporation to another railway corporation as or on account of a penalty for failure to return rolling stock within a stipulated time, is deemed not to be consideration for a supply.

1994, c. 22, s. 400.

63. For the purposes of this section and sections 64 to 67,

“base fraction”, at a particular time, of a tour package means the proportion that the part of the amount that would be charged by the first supplier of the package for a supply at that time of the package that is, at that time, reasonably attributable to the taxable portion of the package is of the amount that would be charged by the first supplier of the package for a supply at that time of the package;

“first supplier” of a tour package means the person who first supplies the package in Québec;

“initial taxable percentage” of a tour package means the proportion, at the time the first supplier of the package determines the amount to be charged by that supplier for a supply of the package, that the part of that amount that is, at that time, reasonably attributable to the taxable portion of the package is of that amount;

“taxable percentage”, at a particular time, of a tour package means

(1)  where the difference between the base fraction at that time of the package and the initial taxable percentage of the package or the base fraction of the package at an earlier time is more than 10%, the base fraction of the package at the particular time, and

(2)  in any other case, the initial taxable percentage of the package;

“taxable portion” of a tour package means all property and services included in the tour package and in respect of which tax under section 16 would be payable if the property or service were supplied otherwise than as part of a tour package;

“tour package” means a combination of two or more services, or of property and services, that includes transportation services, accommodation, a right to use a campground or trailer park, or guide or interpreter services, where the property and services are supplied together for an all-inclusive price.

1991, c. 67, s. 63; 1995, c. 63, s. 333.

64. The consideration for a supply of the taxable portion of a tour package, where the supply is made by the first supplier of the package, is deemed to be the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the taxable percentage of the package at the time the supply is made; and

(2)  B is the total consideration for the entire tour package.

1991, c. 67, s. 64.

65. The consideration for a supply of the taxable portion of a tour package, where the supply is made by any person other than the first supplier of the package, is deemed to be the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the percentage that the consideration for the supply to the person of the taxable portion of the package is of the total consideration paid or payable by the person for the entire tour package; and

(2)  B is the total consideration paid or payable to the person for the entire tour package.

1991, c. 67, s. 65.

66. The provision of the part of the tour package that is the taxable portion of the package is deemed to be a separate supply from the provision of the remaining part of the package and neither supply is deemed to be incidental to the other.

1991, c. 67, s. 66.

67. (Repealed).

1991, c. 67, s. 67; 1995, c. 63, s. 334.

DIVISION IV SPECIFIC RULES RESPECTING TAXATION

§ 1 . — Rules respecting calculation

68. Where a person makes a taxable supply and the consideration, or a part thereof, for the supply becomes due, or is paid before it becomes due, at a time when the person is a small supplier who is not a registrant, that consideration or part thereof, as the case may be, shall not be included in calculating the tax payable in respect of the supply.

This section does not apply in respect of

(1)  a supply of an immovable by way of sale; or

(2)  a supply of a road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the recipient of the supply.

1991, c. 67, s. 68; 1995, c. 63, s. 335.

69. Where tax that is at any time payable under section 16 in respect of one or more supplies included in an agreement, invoice or receipt is an amount that includes a fraction of a cent, the fraction,

(1)  if less than half of a cent, may be disregarded; and

(2)  if equal to or greater than half of a cent, is deemed to be an amount equal to one cent.

1991, c. 67, s. 69; 1997, c. 85, s. 459.

69.1. Where the consideration for a supply of a telecommunication service is paid by depositing coins in a coin-operated telephone and the tax payable is equal to a fraction of $0.05 or to the total of a multiple of $0.05 and a fraction of $0.05, the fraction

(1)  if less than $0.025, may be disregarded; and

(2)  if equal to or greater than $0.025, is deemed to be an amount equal to $0.05.

1994, c. 22, s. 401; 1997, c. 85, s. 460.

69.2. (Repealed).

1994, c. 22, s. 401; 1995, c. 63, s. 336.

69.3. Where a registrant ordinarily uses a cash register to determine the tax payable by a recipient in respect of a taxable supply made by the registrant and the cash register does not have the capability of determining the tax by multiplying the value of the consideration for the supply by the rate of the tax or the value of the consideration determined without reference to the tax payable by the recipient under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) (in this section referred to as the “value of the adjusted consideration”), by 8.025%, or 15.025% if the registrant determines a total amount made up of both the tax under this Title and the tax under Part IX of the Excise Tax Act, the following rules apply:

(1)  the registrant may, by means of the cash register, determine the tax payable by multiplying the value of the adjusted consideration by 8.02%; and

(2)  the registrant may, by means of the cash register, determine the total amount made up of both that tax and the tax under Part IX of the Excise Tax Act by multiplying the value of the adjusted consideration by 15.02%.

1995, c. 1, s. 264; 1997, c. 85, s. 461.

69.4. Every registrant who applies the rules set out in section 69.3 in circumstances different from those referred to in the said section shall incur a penalty of 1% of the tax collected throughout the period of irregularity.

1995, c. 1, s. 264.

69.5. Where the consideration for a supply of corporeal movable property or a service is paid by depositing a single coin in a mechanical coin-operated device that is designed to accept only a single coin of $0.25 or less as the total consideration for the supply and the corporeal movable property is dispensed from the device or the service is rendered through the operation of the device, the tax payable in respect of the supply is equal to zero.

1997, c. 85, s. 462.

69.6. Where two or more taxable supplies are included in an invoice, agreement or receipt, the tax payable under section 16 in respect of those supplies, calculated on the consideration for those supplies that is indicated in the invoice, agreement or receipt, may be calculated on the total of that consideration.

1997, c. 85, s. 462.

70. (Repealed).

1991, c. 67, s. 70; 1994, c. 22, s. 402.

71. Where a supply is made, and the consideration therefor is paid, by means of a coin-operated device, the following rules apply:

(1)  the recipient is deemed to have received the supply, paid the consideration for the supply, and paid any tax payable in respect of the supply, on the day the consideration for the supply is inserted into the device;

(2)  the supplier is deemed to have made the supply, received the consideration for the supply, and collected any tax payable in respect of the supply, on the day the consideration for the supply is removed from the device.

1991, c. 67, s. 71.

72. (Repealed).

1991, c. 67, s. 72; 1994, c. 22, s. 403.

73. (Repealed).

1991, c. 67, s. 73; 1993, c. 19, s. 179; 1994, c. 22, s. 403.

74. (Repealed).

1991, c. 67, s. 74; 1994, c. 22, s. 403.

§ 2 . — Supplies not subject to taxation

75. Where a supplier makes a supply of a business or part of a business that was established or carried on by the supplier or that was established or carried on by another person and acquired by the supplier, and, under the agreement for the supply, the recipient is acquiring ownership, possession or use of all or substantially all of the property that can reasonably be regarded as being necessary for the recipient to be capable of carrying on the business or part as a business,

(1)  the supplier is deemed to have made a separate supply of each property and service that is supplied under the agreement for consideration equal to that part of the consideration for the supply of the business or part that can reasonably be attributed to that property or service; and

(2)  except where the supplier is a registrant and the recipient is not a registrant, the supplier and the recipient may make a joint election in prescribed form containing prescribed information to have section 75.1 apply to those supplies.

1991, c. 67, s. 75; 1993, c. 19, s. 180; 1994, c. 22, s. 404.

75.1. Where a supplier and a recipient make an election under section 75 and the recipient, if a registrant, files the election with the Minister not later than the day on or before which the return under Chapter VIII is required to be filed for the recipient’s first reporting period in which tax would, but for this section, have become payable in respect of the supply of any property or service made under the agreement for the supply of the business or part of the business to which the election applies, or on such later day as the Minister may determine on application of the recipient,

(1)  no tax is payable in respect of a supply of any property or service made under the agreement other than

(a)  a taxable supply of a service that is to be rendered by the supplier,

(b)  a taxable supply of property by way of lease, licence or similar arrangement,

(c)  where the recipient is not a registrant, a taxable supply by way of sale of an immovable, and

(d)  (subparagraph repealed);

(2)  where, but for this section, tax would have been payable by the recipient, otherwise than by reason of section 20.1, in respect of a supply made under the agreement of property that was capital property of the supplier and that is being acquired by the recipient for use as capital property of the recipient, the recipient is deemed to have so acquired the property for use exclusively in the course of commercial activities of the recipient; and

(3)  where, notwithstanding this section, tax would not have been payable by the recipient or would have been payable by the recipient under section 20.1 in respect of a supply made under the agreement of property that was capital property of the supplier and that is being acquired by the recipient for use as capital property of the recipient, the recipient is deemed to have so acquired the property for use exclusively in activities of the recipient that are not commercial activities.

1994, c. 22, s. 405; 1995, c. 63, s. 337.

75.2. Where a supplier makes a supply of a business or part of a business that was established or carried on by the supplier or that was established or carried on by another person and acquired by the supplier, the recipient is acquiring ownership, possession or use of all or substantially all of the property that can reasonably be regarded as being necessary for the recipient to be capable of carrying on the business or part as a business, and part of the consideration for the supply can reasonably be attributed to goodwill of the business or part, that part of the consideration shall not be included in calculating the tax payable in respect of the supply.

1994, c. 22, s. 405.

76. Where two or more corporations are merged or amalgamated to form a new corporation, otherwise than as the result of the acquisition of the property of one corporation by another corporation pursuant to the purchase of the property by the other corporation, or as the result of the distribution of the property to the other corporation on the winding-up of the corporation,

(1)  except as otherwise provided in this title, the new corporation is deemed to be a separate person from each of the merged or amalgamated corporations;

(2)  for the purposes of sections 444 to 446 and 462 to 462.1.1, for the purpose of applying the provisions of this Title in respect of property or a service acquired or brought into Québec by a merged or amalgamated corporation, and for prescribed purposes and provisions, the new corporation is deemed to be the same corporation as, and a continuation of, each merged or amalgamated corporation; and

(3)  the transfer of any property by a merged or amalgamated corporation to the new corporation as a consequence of the merger or amalgamation is deemed not to be a supply.

1991, c. 67, s. 76; 1994, c. 22, s. 406; 1995, c. 63, s. 338.

77. Where at any time a particular corporation is wound up and not less than 90 % of the issued shares of each class of the capital stock of the particular corporation were, immediately before that time, owned by another corporation,

(1)  for the purposes of sections 444 to 446 and 462 to 462.1.1, for the purpose of applying the provisions of this Title in respect of property or a service acquired or brought into Québec by the other corporation as a consequence of the winding-up, and for prescribed purposes and provisions, the other corporation is deemed to be the same corporation as, and a continuation of, the particular corporation; and

(2)  the transfer of any property to the other corporation as a consequence of the winding-up is deemed not to be a supply.

1991, c. 67, s. 77; 1994, c. 22, s. 407; 1995, c. 63, s. 339.

78. (Repealed).

1991, c. 67, s. 78; 1997, c. 3, s. 118; 1997, c. 85, s. 463.

79. (Repealed).

1991, c. 67, s. 79; 1997, c. 3, s. 119; 1997, c. 85, s. 463.

79.1. No tax is payable in respect of the supply of a road vehicle of a deceased individual, which road vehicle must be registered under the Highway Safety Code (chapter C-24.2) following an application by the recipient of the vehicle, if the supply is made by the succession of the individual in accordance with the individual’s will or the laws relating to the transmission of property on death or in settlement of rights arising out of the individual’s marriage.

1993, c. 19, s. 181; 1997, c. 85, s. 464.

80. No tax is payable in respect of the supply of property of a deceased individual made by the succession of the individual where

(1)  immediately before death, the individual held the property for consumption, use or supply in the course of a business carried on immediately before the individual’s death;

(2)  the succession of the individual makes a supply of the property, in accordance with the individual’s will or the laws relating to the transmission of property on death, to another individual who is a beneficiary of the individual’s succession and a registrant;

(3)  the property is received for consumption, use or supply in the course of commercial activities of the other individual; and

(4)  the succession and the other individual make a joint election for the purposes of this section.

The other individual is deemed to have acquired the property for use exclusively in commercial activities of the individual.

1991, c. 67, s. 80; 1994, c. 22, s. 408; 1997, c. 85, s. 465.

80.1. No tax is payable in respect of the supply by way of gift of a road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the recipient of the vehicle, where the supply is made between related individuals.

Similarly, no tax is payable in respect of the supply of such a road vehicle where the supply is made between individuals in settlement of rights arising out of their marriage.

1993, c. 19, s. 182; 1995, c. 1, s. 265; 1997, c. 85, s. 466.

80.1.1. No tax is payable in respect of the supply of a road vehicle made by a municipality to another municipality where

(1)  the vehicle is supplied under an agreement in writing for the provision of municipal services by the recipient in the territory of the supplier; and

(2)  the vehicle is supplied for use by the recipient in providing municipal services of the same nature as those in the course of which the vehicle was used by the supplier before the time the vehicle was supplied;

(3)  (paragraph repealed).

1995, c. 1, s. 266; 1995, c. 63, s. 340.

80.2. (Repealed).

1993, c. 19, s. 182; 1995, c. 63, s. 341.

80.3. Where a sponsor of a convention makes a taxable supply by way of lease, licence or similar arrangement to a person not resident in Québec of an immovable that is acquired by the person exclusively for use as a site for the promotion, at the convention, of a business of, or of property or services supplied by, the person, no tax is payable in respect of that supply to the person or in respect of any supply by the sponsor to the person of property or services that are acquired by the person for consumption or use as related convention supplies in respect of the convention.

1994, c. 22, s. 409.

§ 3 . — Goods not subject to taxation brought into Québec

81. The goods referred to in subparagraph 2 of the fourth paragraph of section 17 are the following:

(1)  goods that are classified under heading No. 98.01, 98.02, 98.03, 98.04, 98.05, 98.06, 98.07, 98.10, 98.11, 98.12, 98.15, 98.16 or 98.19 or under subheading No. 9823.60, 9823.70, 9823.80 or 9823.90 of Schedule I to the Customs Tariff (Revised Statutes of Canada, 1985, chapter 41, 3rd Supplement), to the extent that the goods are not subject to duty under that Act, but not including goods that are classified under tariff item No. 9804.30.00 of that schedule;

(2)  goods from Canada outside Québec that would be goods classified, with the necessary modifications, under any of the headings or subheadings mentioned in paragraph 1 if they were from outside Canada, but not including goods that would be classified under tariff item No. 9804.10.00, 9804.20.00, 9804.30.00, 9804.40.00, 9805.00.00 or 9807.00.00 of Schedule I to the Customs Tariff;

(2.1)  goods from Canada outside Québec that are for the domestic or personal use of an individual arriving in Québec to take up permanent residence, except goods acquired by the individual less than 31 days before his arrival in Québec and in respect of which the individual has not paid tax of the same nature as the tax payable under this Title, imposed by another province, the Northwest Territories or the Yukon Territory, or in respect of which the individual has obtained or is entitled to obtain a rebate of such a tax;

(3)  medals, trophies and other prizes, not including usual merchantable goods, that are won outside Québec in competitions, that are bestowed, received or accepted outside Québec or that are donated by persons outside Québec, for heroic deeds, valour or distinction;

(4)  printed matter that is to be made available to the general public, without charge, for the promotion of tourism, where the printed matter is brought into Québec

(a)  by or on the order of a government outside Québec or by an agency or representative of such a government, or

(b)  by a board of trade, chamber of commerce, municipal or automobile association or similar organization to which it was supplied for no consideration, other than shipping and handling charges;

(5)  goods that are brought into Québec by a charity or a public institution and that have been donated to the charity or institution;

(6)  goods that are brought into Québec by a particular person where the goods are supplied to the particular person by a person not resident in Québec for no consideration, other than shipping and handling charges, as replacement parts under a warranty in respect of corporeal movable property;

(7)  goods to the supply of which any of Divisions I, II, III or IV of Chapter IV or paragraph 2 of section 198 applies;

(8)  goods, other than prescribed goods, that are sent to the recipient of the supply of the goods at an address in Québec by mail or courier, that are from outside Canada and the value of which is not more than $20;

(8.1)  goods that are prescribed property for the purposes of section 24.1 and that are sent, by mail or courier, to the recipient of the supply of the goods at an address in Québec, where the supplier is registered under Division I of Chapter VIII at the time the goods are brought into Québec;

(9)  prescribed goods brought into Québec in prescribed circumstances, under prescribed terms and conditions;

(10)  containers that, because of regulations made under paragraph c of Note 11 to Chapter 98 of Schedule I to the Customs Tariff, may be imported into Canada free of customs duties, or could be so imported but for the fact that the goods are from Canada outside Québec;

(11)  money, certificates or other documents evidencing a right that is a financial instrument;

(12)  goods from Canada outside Québec that are supplied to a person by lease, licence or similar arrangement under which continuous possession or use of the goods is provided for a period of more than three months in circumstances in which tax under subsection 1 of section 165 of the Excise Tax Act is payable by the person in respect of the supply; and

(13)  a mobile home or floating home that has been used or occupied in Québec as a place of residence for individuals.

1991, c. 67, s. 81; 1993, c. 19, s. 183; 1994, c. 22, s. 410; 1995, c. 1, s. 267; 1995, c. 63, s. 342; 1997, c. 85, s. 467.

DIVISION V SPECIFIC RULES RESPECTING TIME OF TAXATION

82. Tax under section 16 in respect of a taxable supply is payable by the recipient on the earlier of the day the consideration for the supply is paid and the day the consideration for the supply becomes due.

1991, c. 67, s. 82.

82.1. Notwithstanding section 82, tax under section 16 in respect of a supply referred to in section 20.1 is payable at the time the supply is made.

1993, c. 19, s. 184.

83. The consideration, or a part thereof, for a taxable supply is deemed to become due on the earliest of

(1)  the earlier of the day the supplier first issues an invoice in respect of the supply for that consideration or part and the date of that invoice,

(2)  the day the supplier would, but for an undue delay, have issued an invoice in respect of the supply for that consideration or part, and

(3)  the day the recipient is required to pay that consideration or part to the supplier pursuant to an agreement in writing.

Notwithstanding the first paragraph, where property is supplied by way of lease, licence or similar arrangement under an agreement in writing, the consideration, or any part thereof, for the supply is deemed to become due on the day the recipient is required to pay the consideration or part to the supplier pursuant to the agreement.

1991, c. 67, s. 83.

84. Where consideration that is not money is given or required to be given, the consideration that is given or required to be given is deemed to be paid or required to be paid, as the case may be.

1991, c. 67, s. 84.

85. Notwithstanding section 82, where consideration for a taxable supply is paid or becomes due on more than one day, tax under section 16 in respect of the supply is payable on each day that is the earlier of the day a part of the consideration is paid and the day that part becomes due.

The tax that is payable on each such day shall be calculated on the value of the part of the consideration that is paid or becomes due, as the case may be, on that day.

1991, c. 67, s. 85.

86. Notwithstanding sections 82 and 85, where all or any part of the consideration for a taxable supply has not been paid or become due on or before the last day of the calendar month immediately following the first calendar month in which,

(1)  where the supply is of corporeal movable property by way of sale, other than a supply described in paragraph 2 or 3, the ownership or possession of the property is transferred to the recipient,

(2)  where the supply is of corporeal movable property by way of sale under which the supplier delivers the property to the recipient on approval, consignment, or other similar terms, the recipient acquires ownership of the property or makes a supply of it to any person, other than the supplier, or

(3)  where the supply is under an agreement in writing for the construction, renovation or alteration of, or repair to any immovable or any ship or other marine vessel, and it may reasonably be expected that the construction, renovation, alteration or repair will require more than three months to complete, the construction, renovation, alteration or repair is substantially completed,

tax under section 16 in respect of the supply, calculated on the value of that consideration or part, as the case may be, is payable on that day.

1991, c. 67, s. 86; 1995, c. 63, s. 343.

87. Section 86 does not apply in respect of a supply of water, electricity, natural gas, steam or any other property where the property is delivered to the recipient on a continuous basis by means of a wire, pipeline or other conduit and the supplier invoices the recipient in respect of that supply on a regular or periodic basis.

1991, c. 67, s. 87.

88. Tax under section 16 in respect of a taxable supply of immovable property by way of sale is payable on the earlier of the day ownership of the property is transferred to the recipient and the day possession of the property is transferred to the recipient under the agreement for the supply.

Notwithstanding the first paragraph, in the case of a supply of a residential unit held in co-ownership, where possession of the unit is transferred, after 30 June 1992 and before the declaration of co-ownership relating to the complex in which the unit is situated is entered in the land register, to the recipient under the agreement for the supply, the tax is payable on the earlier of the day ownership of the unit is transferred to the recipient and the day that is 60 days after the day the declaration of co-ownership is entered in the land register.

This section applies notwithstanding sections 82 and 85.

1991, c. 67, s. 88; 1997, c. 3, s. 135.

89. Where under section 86 or 88 tax is payable on a particular day and the value of the consideration, or any part thereof, for the taxable supply is not ascertainable on that day,

(1)  tax calculated on the value of the consideration or part, as the case may be, that is ascertainable on that day is payable on that day; and

(2)  tax calculated on the value of the consideration or part, as the case may be, that is not ascertainable on that day is payable on the day the value becomes ascertainable.

1991, c. 67, s. 89.

90. Notwithstanding sections 82, 85, 86, 88 and 89, where the recipient of a taxable supply retains, pursuant to an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory or of the Parliament of Canada, or pursuant to an agreement in writing for the construction, renovation or alteration of, or repair to, any immovable or any ship or other marine vessel, a part of the consideration for the supply pending full and satisfactory performance of the supply, or any part thereof, tax under section 16 calculated on the value of that part of the consideration, is payable on the earlier of the day that part is paid and the day it becomes payable.

1991, c. 67, s. 90.

91. For the purposes of sections 82, 85 to 90 and 92, where a supply of any combination of service, movable property or immovable property (each of which is in this section referred to as an “element”) is made and the consideration for each element is not separately identified,

(1)  where the value of a particular element can reasonably be regarded as exceeding the value of each of the other elements, the supply of all of the elements is deemed to be a supply only of the particular element; and

(2)  in any other case, the supply of all of the elements is deemed, where one of the elements is immovable property, to be a supply only of immovable property, and in any other case, to be a supply only of a service.

1991, c. 67, s. 91.

92. For the purposes of sections 82 and 85 to 91, a deposit, whether refundable or not, given in respect of a supply shall not be considered as consideration paid for the supply unless and until the supplier applies the deposit as consideration for the supply.

This section does not apply in respect of a deposit relating to a covering or container to which section 33 applies.

1991, c. 67, s. 92.

CHAPTER III EXEMPT SUPPLY

DIVISION I IMMOVABLE

93. (Repealed).

1991, c. 67, s. 93; 1997, c. 85, s. 468.

94. A supply by way of sale of a residential complex or an interest therein made by a person who is not a builder of the complex or, where the complex is a multiple unit residential complex, an addition thereto is exempt, unless the person claimed an input tax refund in respect of the last acquisition by the person of the complex, or in respect of the acquisition or bringing into Québec by the person, after the complex was last acquired by the person, of an improvement to the complex.

1991, c. 67, s. 94; 1994, c. 22, s. 411.

95. A supply by way of sale of a residential complex or an interest therein made by an individual who is a builder of the complex or, where the complex is a multiple unit residential complex, an addition thereto is exempt, if

(1)  at any time after the construction or substantial renovation of the complex or addition is substantially completed, the complex is used primarily as a place of residence of the individual, an individual related to the individual or a former spouse of the individual; and

(2)  the complex is not used primarily for any other purpose after the construction or substantial renovation is substantially completed and before that time.

The first paragraph does not apply if the individual claimed an input tax refund in respect of the last acquisition by the individual of the immovable included in the residential complex or in respect of the acquisition or bringing into Québec by the individual, after the immovable was last acquired by the individual, of an improvement to the immovable.

1991, c. 67, s. 95; 1994, c. 22, s. 411.

96. A supply by way of sale of a single unit residential complex (in this section referred to as the “complex”) or a residential unit held in co-ownership (in this section referred to as the “unit”) or an interest in the complex or unit made by a builder of the complex or unit is exempt where,

(1)  in the case of a unit situated in a residential complex (in this section referred to as the “premises”) that was converted by the builder from use as a multiple unit residential complex to use as a complex held in co-ownership, the builder received an exempt supply of the premises by way of sale or was deemed under section 225 to have received a taxable supply of the premises by way of sale, and that supply was the last supply of the premises made by way of sale to the builder; or

(2)  in any case, the builder received an exempt supply of the complex or unit by way of sale or was deemed under section 223 or 224 to have received a taxable supply of the complex or unit by way of sale, and that supply was the last supply of the complex or unit made by way of sale to the builder.

The first paragraph does not apply if,

(1)  after the complex, unit or premises were last acquired by the builder, the builder carried on, or engaged another person to carry on for the builder, the substantial renovation of the complex, unit or premises; or

(2)  the builder claimed an input tax refund in respect of the last acquisition by the builder of the complex, unit or premises or in respect of the acquisition or bringing into Québec by the builder, after the complex, unit or premises were last acquired by the builder, of an improvement to the complex, unit or premises.

1991, c. 67, s. 96; 1994, c. 22, s. 411.

97. A supply by way of sale of a multiple unit residential complex or an interest therein made by a person who is a builder of the complex or an addition thereto is exempt where

(1)  in the case of a person who is a builder of the complex, the person received an exempt supply of the complex by way of sale, or was deemed under section 225 to have received a taxable supply of the complex by way of sale, and that supply was the last supply of the complex made by way of sale to the person; and

(2)  in the case of a person who is a builder of an addition to the complex, the person received an exempt supply of the addition by way of sale, or was deemed under section 226 to have received a taxable supply of the addition by way of sale, and that supply was the last supply of the addition made by way of sale to the person.

The first paragraph does not apply if,

(1)  after the complex was last supplied to the person, the person carried on, or engaged another person to carry on for the person, the substantial renovation of the complex; or

(2)  the person claimed an input tax refund in respect of the last acquisition by the person of the complex or an addition thereto or in respect of the acquisition or bringing into Québec by the person, after the complex was last acquired by the person, of an improvement to the complex, other than an input tax refund in respect of the construction of an addition to the complex.

1991, c. 67, s. 97; 1994, c. 22, s. 411.

97.1. A supply by way of sale of a building, or that part of a building, in which one or more residential units are located, or an interest in such a building or part, is exempt where

(1)  both immediately before and immediately after the earlier of the time ownership of the building, part or interest is transferred to the recipient of the supply (in this section referred to as the “purchaser”) and the time possession thereof is transferred to the purchaser under the agreement for the supply, the building or part forms part of a residential complex; and

(2)  immediately after the earlier of the time ownership of the building, part or interest is transferred to the purchaser and the time possession thereof is transferred to the purchaser under the agreement for the supply, the purchaser is a recipient described in subparagraph a of subparagraph 1 of the first paragraph of section 100 of an exempt supply, described by subparagraph 1 of the first paragraph of that section, of the land included in the complex.

1994, c. 22, s. 412.

97.2. A supply by way of sale of land that forms part of a residential complex or an interest in such land is exempt where

(1)  immediately before the earlier of the time ownership thereof is transferred to the recipient of the supply and the time possession thereof is transferred to the recipient of the supply under the agreement for the supply, the land is subject to a lease, licence or similar arrangement by which a supply that is an exempt supply described by subparagraph 1 of the first paragraph of section 100 was made; and

(2)  if a supply by way of sale were made of the residential complex immediately before that earlier time, the supply would be an exempt supply described in any of sections 94 to 97.

1994, c. 22, s. 412.

97.3. A supply of a residential trailer park or an interest therein made by a person is exempt where

(1)  the person received an exempt supply, described by this section, of the park or was deemed under section 222.2, 243, 258 or 261 to have received a taxable supply of the land included in the park as a consequence of using the land for purposes of the park, and that supply was the last supply of the park made by way of sale to the person; and

(2)  if the person increased the area of land included in the park (in this section referred to as the “additional area”), the person received an exempt supply, described by this section, of the additional area or was deemed under section 222.3, 243, 258 or 261 to have made a taxable supply of the additional area as a consequence of using the additional area for purposes of the park, and that supply was the last supply of the additional area made by way of sale to the person.

The first paragraph does not apply if the person claimed an input tax refund in respect of the last acquisition by the person of the park or an additional area thereof or in respect of the acquisition or bringing into Québec by the person, after the park was last acquired by the person, of an improvement to the park, other than an input tax refund in respect of an improvement to an additional area that was acquired or brought into Québec by the person before the additional area was last acquired by the person.

1994, c. 22, s. 412.

98. A supply is exempt where the supply is

(1)  of a residential complex or a residential unit in a residential complex by way of lease, licence or similar arrangement for the purpose of its occupation as a place of residence or lodging by an individual, where the period throughout which continuous occupation of the complex or unit is given to the same individual under the arrangement is at least one month; or

(2)  of a residential unit by way of lease, licence or similar arrangement for the purpose of its occupation as a place of residence or lodging by an individual, where the consideration for the supply does not exceed $20 for each day of occupation.

1991, c. 67, s. 98; 1994, c. 22, s. 413; 1997, c. 85, s. 469.

99. A supply of property is exempt where the property is land, a building, or that part of a building, that forms part of a residential complex or that consists solely of residential units, or a residential complex, and the supply is made by way of lease, licence or similar arrangement for a lease interval, within the meaning assigned by section 32.2, throughout which the lessee or any sub-lessee makes, or holds the property for the purpose of making, one or more supplies of the property or parts of the property and all or substantially all of those supplies are

(1)  exempt supplies described by section 98 or 100; or

(2)  supplies that are made, or are reasonably expected to be made, to other lessees or sub-lessees described in this section.

1991, c. 67, s. 99; 1994, c. 22, s. 413; 1997, c. 85, s. 470.

99.1. A supply of meals made by a person who is making a supply, described by paragraph 1 of section 98, of a residential complex or unit is exempt where the meals are provided, to the occupant of the complex or unit, in the complex or unit or in the residential complex in which the unit is located under an arrangement whereby at least 10 meals per week are supplied for a single consideration determined before any meal is provided under the arrangement.

1994, c. 22, s. 414.

100. A supply is exempt where the supply is

(1)  of land, other than a site in a residential trailer park, by way of lease, licence or similar arrangement under which continuous possession or occupation of the land is provided for a period of at least one month, made to

(a)  the owner, lessee or person in occupation or possession of a residential unit that is or is to be affixed to the land for the purpose of its use and enjoyment as a place of residence for individuals, or

(b)  a person who is acquiring possession of the land for the purpose of constructing a residential complex on it in the course of a commercial activity;

(2)  of a site in a residential trailer park, by way of lease, licence or similar arrangement under which continuous possession or occupation of the site is provided for a period of at least one month, made to the owner, lessee or person in occupation or possession of

(a)  a mobile home situated or to be situated on the site, or

(b)  a travel trailer, motor home or similar vehicle or trailer situated or to be situated on the site; or

(3)  of a lease, licence or similar arrangement referred to in subparagraph 1 or 2 by way of assignment.

The first paragraph does not apply to a supply of land on which the residential unit, mobile home, travel trailer, motor home or similar vehicle or trailer is or is to be affixed or situated, or any land contiguous to it, that is not reasonably necessary for the use and enjoyment of the unit, home, vehicle or trailer as a place of residence for individuals.

1991, c. 67, s. 100; 1994, c. 22, s. 415; 1997, c. 85, s. 471.

101. A supply by way of sale of a parking space in a complex held in co-ownership made by a supplier to a person is exempt where

(1)  the supplier, at the same time or as part of the same supply, makes a supply, included in any of sections 94 to 96, that is made by way of sale to the person of a residential unit held in co-ownership in the complex held in co-ownership; and

(2)  the space was, at any time, supplied to the supplier by way of sale and the supplier did not, after that time, claim an input tax refund in respect of an improvement to the space.

1991, c. 67, s. 101; 1994, c. 22, s. 415; 1997, c. 85, s. 472.

101.1. A supply of a parking space by way of lease, licence or similar arrangement under which any such space is made available throughout a period of at least one month, is exempt where the supply is

(1)  made to a person (in this paragraph referred to as an “occupier”) who is a lessee or person in occupation or possession of a single unit residential complex, a residential unit in a multiple unit residential complex or a site in a residential trailer park where

(a)  the space forms part of the residential complex or residential trailer park, as the case may be, or

(b)  the supplier of the space is an owner or occupier of the single unit residential complex, residential unit or site, as the case may be, and the use of the space is incidental to the use and enjoyment of the complex, unit or site, as the case may be, as a place of residence for individuals;

(2)  made to the owner, lessee or person in occupation or possession of a residential unit held in co-ownership in a complex held in co-ownership where the space forms part of the complex; or

(3)  made by a supplier to the owner, lessee or person in occupation or possession of a floating home where the home is moored to mooring facilities or a wharf under an agreement with the supplier for a supply that is an exempt supply described in section 106.2 and the use of the space is incidental to the use and enjoyment of the home as a place of residence for individuals.

1994, c. 22, s. 416; 1997, c. 85, s. 473.

101.1.1. For the purposes of section 102, “settlor”, in relation to a testamentary trust constituted by reason of the death of an individual, means that individual.

1997, c. 85, s. 474.

102. A supply of an immovable by way of sale made by an individual or a personal trust is exempt, except where the supply is

(1)  a supply of an immovable that is, immediately before the time ownership or possession of the immovable is transferred to the recipient of the supply under the agreement for the supply, capital property used primarily in a business of the individual or trust with a reasonable expectation of profit;

(2)  a supply of an immovable made

(a)  in the course of a business of the individual or trust, or

(b)  in the course of an adventure or concern in the nature of trade of the individual or trust, where the individual or trust has filed an election with and as prescribed by the Minister for that purpose in prescribed form containing prescribed information;

(2.1)  a supply of a part of a parcel of land, which parcel the individual, trust or settlor of a testamentary trust subdivided or severed into parts, except where

(a)  the parcel was subdivided or severed into two parts and the individual, trust or settlor of a testamentary trust did not subdivide or sever that parcel from another parcel of land, or

(b)  the recipient of the supply is an individual who is related to, or is a former spouse of, the individual or settlor of a testamentary trust and is acquiring the part for the personal use and enjoyment of the recipient;

(3)  a supply deemed under any of sections 256 to 262 to have been made; or

(4)  a supply of a residential complex.

For the purposes of subparagraph 2.1 of the first paragraph, a part of a parcel of land that the individual, trust or settlor of a testamentary trust supplies to a person who has the right to acquire it by expropriation, and the remainder of that parcel, are deemed not to have been subdivided or severed from each other by the individual, trust or settlor of a testamentary trust, as the case may be.

1991, c. 67, s. 102; 1994, c. 22, s. 417; 1997, c. 85, s. 475.

103. A supply of farmland by way of sale made by an individual to another individual who is related to or who is a former spouse of the individual, is exempt where

(1)  the farmland was used at any time by the individual in a commercial activity that is the business of farming;

(2)  the farmland was not used, immediately before the time ownership of the property is transferred under the supply, by the individual in a commercial activity other than the business of farming; and

(3)  the other individual is acquiring the farmland for the personal use and enjoyment of the other individual or any individual related thereto.

1991, c. 67, s. 103.

104. A supply by an individual of farmland, deemed under section 221 or 261 to have been made, is exempt where

(1)  the farmland was used at any time by the individual in a commercial activity that is the business of farming;

(2)  the farmland was not used, immediately before the supply is deemed to have been made, by the individual in a commercial activity other than the business of farming; and

(3)  the farmland, immediately after the time the supply is deemed to have been made, is for the personal use and enjoyment of the individual or of an individual related to him.

1991, c. 67, s. 104.

105. A supply of farmland by way of sale made by a person that is a partnership, trust or corporation to a particular individual, an individual related to or a former spouse of the particular individual, is exempt where

(1)  immediately before the time ownership of the property is transferred under the supply,

(a)  all or substantially all of the property of the person is used in a commercial activity that is the business of farming;

(b)  the particular individual is a member of the partnership, a beneficiary of the trust or a shareholder of or related to the corporation, as the case may be; and

(c)  the particular individual, the spouse of the particular individual or a child, within the meaning of paragraph d of section 451 of the Taxation Act (chapter I-3), of the particular individual is actively engaged in the business of the person; and

(2)  immediately after the time ownership of the property is transferred under the supply, the farmland is for the personal use and enjoyment of the individual to whom the supply was made or of an individual related thereto.

1991, c. 67, s. 105.

106. A supply, to the owner or lessee of a residential unit held in co-ownership, of property or a service relating to the occupation or use of the unit is exempt where made by the administrator of the residential complex held in co-ownership in which the unit is situated.

1991, c. 67, s. 106.

106.1. A supply of property or a service made by a cooperative housing corporation to a person who, because the person is a shareholder of the corporation or a lessee or sub-lessee of a shareholder of the corporation, is entitled to occupy or use a residential unit in a residential complex administered or owned by the corporation, where the supply relates to the occupation or use of a residential unit in the complex, is exempt.

1994, c. 22, s. 418.

106.2. A supply, made to a person who is the owner, lessee or person in occupation or possession of a floating home, of a right to use mooring facilities or a wharf for a period of at least one month in connection with the use and enjoyment of the home as a place of residence for individuals, is exempt.

1994, c. 22, s. 418.

106.3. A supply to a consumer of the right to use a washing machine or clothes-dryer that is located in a common area of a residential complex is exempt.

1997, c. 85, s. 476.

106.4. A supply by way of lease, licence or similar arrangement of that part of the common area of a residential complex that is used as a laundry, made to a person who so acquires the property for use in the course of making supplies described in section 106.3, is exempt.

1997, c. 85, s. 476.

107. For the purposes of sections 96, 97, 97.2 and 97.3, sections 222.2, 222.3 and 223 to 231.1 are deemed to have been in force at all times.

1991, c. 67, s. 107; 1994, c. 22, s. 419.

DIVISION II HEALTH CARE SERVICE

108. In this division,

“health care institution” means

(1)  a centre operated by an institution, within the meaning of the Act respecting health services and social services (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5), for the purpose of providing health or hospital care, acute or chronic care or rehabilitative care, or any other institution operated for the purpose of providing such care;

(1.1)  a centre referred to in paragraph 1 that is primarily for the mentally deficient, or any other institution primarily for the mentally deficient;

(2)  a facility, or part thereof, operated for the purpose of providing residents of the facility who have limited physical or mental capacity for self-supervision and self-care with

(a)  nursing and personal care under the direction or supervision of qualified medical and nursing care staff or other personal and supervisory care, other than domestic services of an ordinary household nature, according to the individual requirements of the residents,

(b)  assistance with the activities of daily living and social, recreational and other related services to meet the psycho-social needs of the residents, and

(c)  meals and accommodation;

“homemaker service” means a household or personal service, such as cleaning, laundering, meal preparation and child care, that is rendered to an individual who, due to age, infirmity or disability, requires assistance;

“institutional health care service” means any of the following when provided in a health care institution:

(1)  a laboratory, radiological or other diagnostic service;

(2)  a medication, biological substance or related preparation when administered, or a medical or surgical prosthesis when installed, in the facility in conjunction with the supply of a service or property included in any of paragraphs 1 and 3 to 7;

(3)  the use of an operating room, case room or anaesthetic facilities, including necessary equipment or supplies;

(4)  medical or surgical equipment or supplies

(a)  used by the operator of the institution in providing a service included in any of paragraphs 1 to 3 and 5 to 7, or

(b)  supplied to a patient or resident of the institution otherwise than by way of sale;

(5)  the use of occupational therapy, physiotherapy or radiotherapy facilities;

(6)  lodging;

(7)  a meal other than one served in a restaurant, cafeteria or similar place where meals are served;

(8)  a service rendered by a person remunerated for that purpose by the operator of the institution;

“medical practitioner” means a physician within the meaning of the Medical Act (chapter M-9) or a dentist within the meaning of the Dental Act (chapter D-3) and includes a person who is entitled under the laws of another province, the Northwest Territories or the Yukon Territory to practise the profession of medicine or dentistry;

“practitioner” means a person who practises the profession of audiology, chiropody, chiropractic, dietetics, occupational therapy, optometry, physiotherapy, podiatry or psychology in Québec and who

(1)  where the person is required to be licensed or otherwise authorized to practise that profession in Québec, is so licensed or otherwise authorized;

(2)  where the person is not required to be so licensed or otherwise authorized, has qualifications equivalent to those necessary to be licensed or otherwise authorized to practise in another province, the Northwest Territories or the Yukon Territory;

(3)  where the person practises the profession of psychology, is registered in the Canadian Register of Health Service Providers in Psychology.

1991, c. 67, s. 108; 1992, c. 21, s. 373, s. 375; 1994, c. 22, s. 420; 1995, c. 1, s. 270; 1994, c. 23, s. 23; 1995, c. 63, s. 344; 1997, c. 85, s. 477.

109. A supply of an institutional health care service made by the operator of a health care institution to a patient or resident is exempt.

However, such a supply does not include the supply of an institutional health care service related to the provision of a surgical or dental service that is performed for cosmetic purposes and not for medical or reconstructive purposes.

1991, c. 67, s. 109; 1992, c. 21, s. 375.

110. A supply by way of lease of medical equipment or supplies, made by the operator of a health care institution to a consumer on the written order of a physician, is exempt.

1991, c. 67, s. 110; 1992, c. 21, s. 375.

111. A supply of an ambulance service made by a person who carries on the business of supplying ambulance services is exempt.

However, such a supply does not include a supply of an air ambulance service referred to in section 197.1.

1991, c. 67, s. 111; 1997, c. 85, s. 478.

112. A supply made by a physician of a consultative, diagnostic, or treatment service or another health care service rendered to an individual is exempt.

However, such a supply does not include the supply of a surgical or dental service that is performed for cosmetic purposes and not for medical or reconstructive purposes.

1991, c. 67, s. 112.

113. A supply of nursing services rendered by a nurse or a nursing assistant is exempt where

(1)  the service is rendered to an individual in a health care institution or in the individual’s place of residence;

(2)  the service is a private-duty nursing service; or

(3)  the supply is made to a public sector body.

1991, c. 67, s. 113; 1992, c. 21, s. 375; 1997, c. 85, s. 479.

114. A supply of an audiological, chiropodic, chiropractic, occupational therapy, optometric, physiotherapy, podiatric or psychological service, when rendered to an individual, is exempt where the supply is made by a practitioner.

1991, c. 67, s. 114; 1997, c. 85, s. 480.

114.1. A supply of a dietetic service made by a practitioner is exempt where

(1)  the service is rendered to an individual;

(2)  the supply is made to a public sector body; or

(3)  the supply is made to the operator of a health care institution.

1997, c. 85, s. 481.

115. A supply of a dental hygienist service is exempt.

1991, c. 67, s. 115.

116. A supply, other than a zero-rated supply, of any property or service is exempt to the extent that the consideration for the supply is payable or reimbursed by the Government of Québec pursuant to the Health Insurance Act (chapter A-29) or the Act respecting the Régie de l’assurance-maladie du Québec (chapter R-5) or by the government of another province, the Northwest Territories or the Yukon Territory under a health care plan established for the insured persons of that province or territory under an Act of the legislature of that province or territory.

1991, c. 67, s. 116; 1995, c. 1, s. 271.

117. A supply of a prescribed diagnostic, treatment or other health care service, when made on the order of a physician or a practitioner, is exempt.

1991, c. 67, s. 117.

118. A supply of food and beverages, including the services of a caterer, made to an operator of a health care institution under a contract to provide on a regular basis meals for the patients or residents of the institution is exempt.

1991, c. 67, s. 118; 1992, c. 21, s. 375.

119. (Repealed).

1991, c. 67, s. 119; 1997, c. 85, s. 482.

119.1. A supply of a homemaker service that is rendered to an individual in the individual’s place of residence, whether the recipient of the supply is the individual or any other person, is exempt where

(1)  the supplier is a government;

(2)  the supplier is a municipality;

(3)  a government, municipality or organization administering a government or municipal program in respect of homemaker services pays an amount

(a)  to the supplier in respect of the supply, or

(b)  to any person for the purpose of the acquisition of the service; or

(4)  another supply of a homemaker service rendered to the individual is made in the circumstances described in paragraph 1, 2 or 3.

1994, c. 22, s. 421; 1995, c. 1, s. 272.

DIVISION III EDUCATIONAL SERVICE

120. In this division,

“elementary or secondary school student” means an individual who is enrolled for

(1)  educational services at the elementary level provided by a school authority;

(2)  educational services at the secondary level provided by a school authority or for services equivalent to such services;

“regulatory body” means a body constituted or empowered by an Act of the Legislature of Québec to regulate the practice of a profession or trade in Québec by setting standards of knowledge or proficiency for practitioners of a profession or trade;

“vocational school” means an institution established and operated primarily to provide students with correspondence courses, or instruction in courses, that develop or enhance students’ occupational skills.

1991, c. 67, s. 120; 1994, c. 22, s. 422; 1997, c. 85, s. 483.

121. A supply made by a school authority that consists in providing individuals with educational services primarily for elementary or secondary school students is exempt.

1991, c. 67, s. 121.

122. A supply of food, beverages, a service or an admission made by a school authority primarily to elementary or secondary school students during the course of an extra-curricular activity organized under the authority and responsibility of the school authority is exempt.

This section does not apply to food or beverages prescribed for the purposes of section 131 or food or beverages supplied through a vending machine.

1991, c. 67, s. 122; 1997, c. 85, s. 484.

123. A supply made by a school authority of a service performed by an elementary or secondary school student or by an instructor of an elementary or secondary school student in the course of the student’s program of studies is exempt.

1991, c. 67, s. 123.

124. A supply made by a school authority to elementary or secondary school students of a service of transporting the students to or from a school of a school authority is exempt.

1991, c. 67, s. 124.

125. The following supplies, made by a professional association, public college, vocational school, government, regulatory body or university are exempt:

(1)  a supply that consists in providing an individual with an educational service leading to, or for the purpose of maintaining or upgrading, a professional accreditation or professional title recognized by the regulatory body;

(2)  a supply that consists in administering an examination or a supply of a certificate in respect of an educational service, a professional accreditation or a professional title referred to in subparagraph 1.

This section does not apply if the supplier has made an election under this section in prescribed form containing prescribed information.

1991, c. 67, s. 125; 1994, c. 22, s. 423.

126. A supply made by a school authority, public college or university that consists in providing an individual with, or administering an examination in respect of, an educational service for which credit may be obtained toward a diploma is exempt.

1991, c. 67, s. 126.

126.1. A supply of a service or membership the consideration for which is required to be paid by the recipient of a supply because the recipient receives the supply included in section 126 is exempt.

1994, c. 22, s. 424.

127. A supply, other than a zero-rated supply, made by a school authority, vocational school, public college or university that consists in providing an individual with, or administering an examination in respect of, an educational service leading to a certificate, diploma, permit or similar document, or a class or rating, in respect of a licence or permit, that attests to the competence of an individual to practise a trade or vocation is exempt where

(1)  the document, class or rating is prescribed by federal or provincial regulation;

(2)  the supplier is governed by federal or provincial legislation respecting vocational schools; or

(3)  the supplier is a public institution or a non-profit organization.

1991, c. 67, s. 127; 1994, c. 22, s. 425; 1997, c. 85, s. 485.

128. The following supplies to an individual are exempt:

(1)  a supply of an educational service that consists in instructing the individual in a course that either follows a program of studies at the elementary or secondary level established or approved by the Minister of Education or is approved for credit at the elementary or secondary level by the Minister;

(2)  a supply of an educational service that consists in instructing the individual in a course that is a prescribed equivalent of a course described in paragraph 1;

(3)  a supply of an educational service that consists in instructing the individual in a prerequisite course the successful completion of which is mandatory for admittance into a course described in paragraph 1 or 2.

1991, c. 67, s. 128; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1994, c. 22, s. 425; 1999, c. 83, s. 310.

129. (Repealed).

1991, c. 67, s. 129; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1994, c. 22, s. 426.

130. A supply of an educational service that consists in instructing individuals in, or administering examinations in respect of, language courses that form part of a program of second-language instruction in either English or French is exempt, where the supply is made by a school authority, public college or university or an educational institution that is established and operated primarily to provide instruction in languages.

1991, c. 67, s. 130.

131. A supply of food or beverages made in an elementary or secondary school cafeteria primarily to students of the school is exempt, except where the supply is for a reception, meeting, party or similar private event.

This section does not apply to prescribed food or beverages or food or beverages supplied through a vending machine.

1991, c. 67, s. 131.

132. A supply of a meal to a student enrolled at a university or public college is exempt where the meal is provided under a plan that is for a period of at least one month and under which the student purchases from the supplier for a single consideration only the right to receive at a restaurant or cafeteria at the university or college at least 10 meals weekly throughout the period.

1991, c. 67, s. 132; 1997, c. 85, s. 486.

133. A supply of food or beverages, including catering services, made to a school authority, public college or university under a contract to provide food or beverages either to students under a plan referred to in section 132 or in an elementary or secondary school cafeteria primarily to students of the school is exempt.

This section does not apply to the extent that the food, beverages or service are provided for a reception, conference or other special occasion or event.

1991, c. 67, s. 133.

134. A supply of movable property made by way of lease by a school authority to an elementary or secondary school student is exempt.

1991, c. 67, s. 134.

135. A supply made by a school authority, public college or university of an educational service that consists in instructing individuals in, or administering an examination in respect of, a course is exempt where the service is part of a program that consists of two or more courses and is subject to the review of, and is approved by, the school authority, college or university.

This section does not apply to courses in sports, games, hobbies or other recreational pursuits that are designed to be taken primarily for recreational purposes.

1991, c. 67, s. 135; 1994, c. 22, s. 427.

DIVISION IV CHILD AND PERSONAL CARE SERVICE

136. A supply of a child care service, the primary purpose of which is to provide care and supervision to children 14 years of age or under for periods normally less than 24 hours per day is exempt.

1991, c. 67, s. 136.

137. A supply of a service of providing care and supervision and a place of residence for children or disabled or underprivileged individuals in an institution operated by the supplier for the purpose of providing such services is exempt.

1991, c. 67, s. 137; 1992, c. 21, s. 375; 1994, c. 22, s. 428.

DIVISION V LEGAL AID SERVICE

138. A supply of a professional legal aid service provided under a legal aid program authorized by the Gouvernement du Québec and made by a corporation responsible for administering legal aid under the Legal Aid Act (chapter A-14) is exempt.

1991, c. 67, s. 138.

DIVISION V.1 CHARITIES

1997, c. 85, s. 487.

138.1. A supply made by a charity of any property or service is exempt, except a supply of

(1)  property or a service referred to in Chapter IV;

(2)  property or a service the supply of which is deemed under this Title, except section 60, to have been made by the charity;

(3)  movable property, other than property that was acquired, manufactured or produced by the charity for the purpose of making a supply by way of sale of the property, where, immediately before the time tax would be payable in respect of the supply if it were a taxable supply, the property was used, otherwise than in making the supply, in the course of commercial activities of the charity or, in the case of capital property, primarily in such activities;

(4)  corporeal movable property that was acquired, manufactured or produced by the charity for the purpose of making a supply of the property and was neither donated to the charity nor used by another person before its acquisition by the charity, or any service supplied by the charity in respect of such property, other than such property or such a service supplied by the charity under a contract for catering;

(5)  an admission in respect of a place of amusement unless the maximum consideration for a supply by the charity of such an admission does not exceed one dollar;

(6)  a service involving, or a membership or other right entitling a person to, instruction or supervision in any recreational or athletic activity except where

(a)  it could reasonably be expected, given the nature of the activity or the degree of relevant skill or ability required for participation in it, that such services, memberships or rights supplied by the charity would be provided primarily to children 14 years of age or under and the services are not supplied as part of, membership is not in, or the right is not in respect of, a program involving overnight supervision throughout a substantial portion of the program, or

(b)  such services, memberships or rights supplied by the charity are intended to be provided primarily to individuals who are underprivileged or who have a disability;

(7)  a membership, other than a membership described in subparagraphs a and b of paragraph 6, where the membership

(a)  entitles the member to an admission in respect of a place of amusement the supply of which, were it made separately from the supply of the membership, would be a taxable supply, or to a discount on the value of consideration for a supply of such an admission, except where the value of the admission or discount is insignificant in relation to the consideration for the membership, or

(b)  includes a right to participate in a recreational or athletic activity, or use facilities, at a place of amusement, except where the value of the right is insignificant in relation to the consideration for the membership;

(8)  services of performing artists in a performance where the supply is made to a person who makes taxable supplies of admissions in respect of the performance;

(9)  a right, other than an admission, to play or participate in a game of chance where the charity is a prescribed person or the game is a prescribed game of chance;

(10)  a residential complex, or an interest therein, where the supply is made by way of sale;

(11)  an immovable where the supply is made by way of sale to an individual or a personal trust, other than a supply of an immovable on which is situated a structure that was used by the charity as an office or in the course of commercial activities or of making exempt supplies;

(12)  an immovable where, immediately before the time tax would be payable in respect of the supply if it were a taxable supply, the immovable was used, otherwise than in making the supply, primarily in commercial activities of the charity; or

(13)  an immovable in respect of which an election under section 272 is in effect at the time tax would become payable in respect of the supply if it were a taxable supply.

1997, c. 85, s. 487.

138.2. A supply made by a charity of an admission to a fund-raising dinner, ball, concert, show or like fund-raising activity is exempt where part of the consideration for the supply may reasonably be regarded as an amount that is donated to charity and in respect of which a receipt referred to in section 712 or 752.0.10.3 of the Taxation Act (chapter I-3) may be issued or could be issued if the recipient of the supply were an individual.

1997, c. 85, s. 487.

138.3. A supply by way of sale of movable property or a service made by a charity in the course of a fund-raising activity is exempt, but does not include

(1)  a supply of any property or service where the charity makes supplies of such property or services in the course of that activity on a regular or continuous basis throughout the year or a significant portion of the year;

(2)  a supply of any property or service where the agreement for the supply entitles the recipient to receive from the charity property or services on a regular or continuous basis throughout the year or a significant portion of the year;

(3)  a supply of property or a service referred to in any of paragraphs 1 to 3 or 9 of section 138.1; or

(4)  a supply of an admission in respect of a place of amusement at which the principal activity is the placing of bets or the playing of games of chance.

1997, c. 85, s. 487.

138.4. A supply made by a charity of food or beverages to seniors, underprivileged individuals or individuals with a disability under a program established and operated for the purpose of providing prepared food to such individuals in their places of residence and any supply of food or beverages made to the charity for the purposes of the program are exempt.

1997, c. 85, s. 487.

138.5. A supply made by a charity of any property or service, other than a supply of blood or blood derivatives, is exempt where all or substantially all of the supplies of the property or service by the charity are made for no consideration.

1997, c. 85, s. 487.

138.6. A supply by way of sale made by a charity to a recipient of corporeal movable property, other than capital property of the charity, or of a service purchased by the charity for the purpose of making a supply by way of sale of the service, is exempt where the total charge for the supply is equal to the usual charge by the charity for such supplies to such recipients and

(1)  if the charity does not charge the recipient any amount as tax in respect of the supply, the total charge for the supply does not, and could not reasonably be expected to, exceed the direct cost of the supply; and

(2)  if the charity charges the recipient an amount as tax in respect of the supply, the consideration for the supply determined without reference to tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) does not, and could not reasonably be expected to, equal or exceed the direct cost of the supply determined without reference to tax paid or payable under Part IX of the Excise Tax Act.

1997, c. 85, s. 487.

138.7. A supply made by a charity of an admission in respect of a place of amusement at which the principal activity is the placing of bets or the playing of games of chance is exempt where

(1)  the administrative function and the other functions performed in operating the game and taking the bets are performed exclusively by volunteers; and

(2)  in the case of a bingo or casino, the game is not conducted in premises or at a place, including any temporary structure, that is used primarily for the purpose of conducting gambling activities.

1997, c. 85, s. 487.

DIVISION VI PUBLIC SECTOR BODY

139. In this division,

“authorized party” means a party, including any regional or local association of the party, a candidate or a referendum committee governed by an Act of the Legislature of Québec or of the Parliament of Canada that imposes requirements relating to election finances or referendum expenses;

“designated activity” of an organization means an activity in respect of which the organization is designated to be a municipality for the purposes of section 165 or 166 or sections 383 to 397;

“designated body of the Gouvernement du Québec” means a body that is established by the Gouvernement du Québec and designated to be a municipality for the purposes of sections 383 to 397;

“local municipality” of a regional municipality means a municipality that has jurisdiction over an area that forms part of the territory of the regional municipality;

“municipal body” means a municipality or a designated body of the Gouvernement du Québec;

“municipal transit service” means a public passenger transportation service, other than a charter service or a service that is part of a tour, that is supplied by a transit authority all or substantially all of whose supplies are of public passenger transportation services provided within and in the vicinity of the territory of a municipality;

“para-municipal organization” of a municipal body means an organization, other than a government, of the municipal body and that

(1)  where the municipal body is a municipality,

(a)  is designated to be a municipality for the purposes of section 165 or 166 or sections 383 to 397, or

(b)  is established by the municipal body and is a municipality by reason of paragraph 2 of the definition of “municipality” in section 1; or

(2)  where the municipal body is a designated body of the Gouvernement du Québec, is a municipality by reason of paragraph 2 of the definition of “municipality” in section 1;

“public sector body” does not include a charity;

“public service body” does not include a charity;

“regional municipality” means a municipality that has general jurisdiction over the territory of more than one local municipality within the meaning of the Act respecting municipal territorial organization (chapter O-9);

“transit authority” means

(1)  a division, department or agency of a government, a municipality or a school authority, the primary purpose of which is to supply public passenger transportation services;

(2)  a non-profit organization that

(a)  receives funding from a government, municipality or school authority to support the supply of public passenger transportation services; or

(b)  that is established and operated for the purpose of providing public passenger transportation services to disabled individuals.

1991, c. 67, s. 139; 1994, c. 22, s. 429; 1996, c. 2, s. 952; 1997, c. 85, s. 488.

140. (Repealed).

1991, c. 67, s. 140; 1997, c. 85, s. 489.

140.1. For the purposes of the definition of “para-municipal organization” in section 139, such an organization is the organization of a municipal body if

(1)  all or substantially all of the shares of the organization are owned by the municipal body or all or substantially all of the assets held by the organization are owned by the municipal body or are assets the disposition of which is controlled by the municipal body so that, in the event of a winding-up of the organization, those assets are vested in the municipal body; or

(2)  the organization is required to submit to the municipal body the periodic operating and, where applicable, capital budget of the organization for approval and a majority of the members of the governing body of the organization are appointed by the municipal body.

1994, c. 22, s. 430.

141. A supply made by a public institution of movable property or a service is exempt, except a supply of

(1)  property or a service provided for in Chapter IV;

(2)  property or a service the supply of which is deemed under this Title to have been made by the institution;

(3)  property, other than capital property of the institution or property that was acquired, manufactured or produced by the institution for the purpose of making a supply of the property, where, immediately before the time tax would be payable in respect of the supply if it were a taxable supply, the property was used, otherwise than in making the supply, in the course of commercial activities of the institution;

(4)  capital property of the institution where, immediately before the time tax would be payable in respect of the supply if it were a taxable supply, the property was used, otherwise than in making the supply, primarily in commercial activities of the institution;

(5)  corporeal property that was acquired, manufactured or produced by the institution for the purpose of making a supply of the property and was neither donated to the institution nor used by another person before its acquisition by the institution, or any service supplied by the institution in respect of such property, other than such property or such a service supplied by the institution under a contract for catering;

(6)  property made by way of lease, licence or similar arrangement in conjunction with a supply of an immovable referred to in paragraph 6 of section 168;

(7)  property or a service made by the institution under a contract for catering, for an event or occasion sponsored or arranged by another person who contracts with the institution for such supply;

(8)  a membership where the membership

(a)  entitles the member to supplies of admissions in respect of a place of amusement that would be taxable supplies if they were made separately from the supply of the membership, or to discounts on the value of consideration for such supplies, except where the value of the supplies or discount is insignificant in relation to the consideration for the membership; or

(b)  includes a right to participate in a recreational or athletic activity, or use facilities, at a place of amusement, except where the value of the right is insignificant in relation to the consideration for the membership;

(9)  services of performing artists in a performance where the supply is made to a person who makes taxable supplies of admissions in respect of the performance;

(10)  a service involving, or a membership or other right entitling a person to, supervision or instruction in any recreational or athletic activity;

(11)  a right to play or participate in a game of chance;

(12)  a service of instructing individuals in, or administering examinations in respect of, any course where the supply is made by a vocational school, as defined in section 120, or a school authority, public college or university; or

(13)  an admission in respect of

(a)  a place of amusement,

(b)  a seminar, conference or similar event where the supply is made by a public college or a university; or

(c)  any fund-raising event.

1991, c. 67, s. 141; 1993, c. 19, s. 185; 1994, c. 22, s. 431; 1995, c. 1, s. 273; 1997, c. 85, s. 490.

142. (Repealed).

1991, c. 67, s. 142; 1997, c. 85, s. 491.

143. (Repealed).

1991, c. 67, s. 143; 1994, c. 22, s. 432; 1997, c. 85, s. 491.

143.1. A supply made by a public institution of an admission to a fund-raising dinner, ball, concert, show or like fund-raising activity is exempt where part of the consideration for the supply may reasonably be regarded as an amount that is donated to the institution and in respect of which a receipt referred to in section 712 or 752.0.10.3 of the Taxation Act (chapter I-3) may be issued or could be issued if the recipient of the supply were an individual.

1997, c. 85, s. 492.

143.2. A supply by way of sale of movable property or a service made by a public institution in the course of a fund-raising activity is exempt, but does not include

(1)  a supply of any property or service where the institution makes supplies of such property or services in the course of that activity on a regular or continuous basis throughout the year or a significant portion of the year;

(2)  a supply of any property or service where the agreement for the supply entitles the recipient to receive from the institution property or services on a regular or continuous basis throughout the year or a significant portion of the year;

(3)  a supply of property or a service referred to in any of paragraphs 1 to 4 or 11 of section 141; or

(4)  a supply of an admission in respect of a place of amusement at which the principal activity is the placing of bets or the playing of games of chance.

1997, c. 85, s. 492.

144. A supply of corporeal movable property made by way of sale by a public sector body is exempt where

(1)  the body does not carry on the business of selling such property;

(2)  all the sales persons are volunteers;

(3)  the consideration for each item sold does not exceed $5; and

(4)  the property is not sold at an event at which supplies of property of the kind or class supplied are made by a person who carries on the business of selling such property.

This section does not apply to a supply of alcoholic beverages or tobacco products.

1991, c. 67, s. 144.

145. A supply made by a public sector body of an admission in respect of a place of amusement at which the principal activity is the placing of bets or the playing of games of chance is exempt where

(1)  the administrative functions and other functions performed in operating the game and taking the bets are performed exclusively by volunteers; and

(2)  in the case of a bingo or casino, the game is not conducted in premises or at a place, including any temporary structure, that is used primarily for the purpose of conducting gambling activities.

1991, c. 67, s. 145.

146. A supply made by a public institution or non-profit organization of a right, other than an admission, to play or participate in a game of chance is exempt.

This section does not apply to a supply made by a prescribed person or in the case of the supply of a prescribed game of chance.

1991, c. 67, s. 146; 1994, c. 22, s. 433; 1997, c. 85, s. 493.

147. A supply of a service is exempt when the service is deemed under section 60 to have been supplied

(1)  by a public institution or non-profit organization, other than a prescribed person; or

(2)  where the service is in respect of a bet made through the agency of a pari-mutuel system on a running, trotting or pacing horse-race.

1991, c. 67, s. 147; 1997, c. 85, s. 494.

148. A supply by way of sale made by a public service body to a recipient of corporeal movable property, other than capital property of the body, or of a service purchased by the body for the purpose of making a supply by way of sale of the service is exempt, where the total charge for the supply is equal to the usual charge by the body for such supplies to such recipients and

(1)  if the body does not charge the recipient any amount as tax in respect of the supply, the total charge for the supply does not, or could not reasonably be expected to, exceed the direct cost of the supply; and

(2)  if the body charges the recipient an amount as tax in respect of the supply, the consideration for the supply determined without reference to tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) does not, and could not reasonably be expected to, equal or exceed the direct cost of the supply determined without reference to tax paid or payable under Part IX of the Excise Tax Act.

1991, c. 67, s. 148; 1994, c. 22, s. 434; 1997, c. 85, s. 495.

149. (Repealed).

1991, c. 67, s. 149; 1997, c. 85, s. 496.

150. (Repealed).

1991, c. 67, s. 150; 1997, c. 85, s. 496.

151. A supply made by a public sector body of an admission in respect of a place of amusement is exempt where the maximum consideration for a supply by the body of such an admission does not exceed one dollar.

1991, c. 67, s. 151; 1997, c. 85, s. 497.

152. A supply made by a public sector body of any property or service, other than a supply of blood or blood derivatives, is exempt where all or substantially all of the supplies of the property or service by the body are made for no consideration.

1991, c. 67, s. 152; 1997, c. 85, s. 497.

153. A supply of a right to be a spectator at a performance, competitive event or athletic event is exempt where all or substantially all of the performers, athletes or competitors taking part in the performance or event do not receive, directly or indirectly, remuneration for doing so, other than a reasonable amount as prizes, gifts or compensation for travel or other expenses incidental to the performers’, athletes’ or competitors’ participation in the performance or event, or grants paid by a government or a municipality to the performers, athletes or competitors, and where no advertisement or representation in respect of the performance or event features participants who are so remunerated.

However, a supply of a right to be a spectator at a competitive event in which cash prizes are awarded and in which any competitor is a professional participant in any competitive event does not constitute an exempt supply.

1991, c. 67, s. 153.

154. A supply made by a public sector body of a right of membership in a program established and operated by the body that consists of a series of supervised instructional classes or activities involving athletics, outdoor recreation, music, dance, arts, crafts or other hobbies or recreational pursuits is exempt where

(1)  it may reasonably be expected, given the nature of the classes or activities or the degree of relevant skill or ability required for participation in them, that the program will be provided primarily to children 14 years of age or under, except where the program involves overnight supervision throughout a substantial portion of the program; or

(2)  the program is provided primarily for underprivileged individuals or individuals with a disability.

The first paragraph also applies to a supply of services supplied as part of a program referred to in that paragraph.

1991, c. 67, s. 154; 1997, c. 85, s. 498.

155. A supply made by a public sector body of board and lodging, or recreational services, at a recreational camp or similar place under a program or arrangement for providing the board and lodging or services primarily to underprivileged individuals or individuals with a disability is exempt.

1991, c. 67, s. 155; 1997, c. 85, s. 499.

156. A supply made by a public sector body of food, beverages or short-term accommodation is exempt where the supply is made in the course of an activity the purpose of which is to relieve poverty, suffering or distress of individuals, and is not fund-raising.

1991, c. 67, s. 156.

157. A supply made by a public sector body of food or beverages to seniors, underprivileged individuals or individuals with a disability under a program established and operated for the purpose of providing prepared food to those individuals in their places of residence and any supply of food or beverages made to the public sector body for the purposes of the program are exempt.

1991, c. 67, s. 157; 1997, c. 85, s. 500.

158. (Repealed).

1991, c. 67, s. 158; 1994, c. 22, s. 435.

159. A supply of a membership in a public sector body, other than a membership in a club the main purpose of which is to provide dining, recreational or sporting facilities or in an authorized party, is exempt where each member does not receive a benefit by reason of the membership, other than

(1)  an indirect benefit that is intended to accrue to all members collectively;

(2)  the right to receive services supplied by the body that are in the nature of investigating, conciliating or settling complaints or disputes involving members;

(3)  the right to vote at or participate in meetings;

(4)  the right to receive or acquire property or services supplied to the member for consideration that is not part of the consideration for the membership and that is equal to the fair market value of the property or services at the time the supply is made;

(5)  the right to receive a discount on the value of the consideration for a supply to be made by the body where the total value of all such discounts to which a member is entitled by reason of the membership is insignificant in relation to the consideration for the membership; or

(6)  the right to receive periodic newsletters, reports or publications where, as the case may be,

(a)  their value is insignificant in relation to the consideration for membership, or

(b)  they provide information on the activities of the body or its financial status, other than newsletters, reports or publications the value of which is significant in relation to the consideration for the membership and for which a fee is ordinarily charged by the body to non-members.

This section does not apply where the body has made an election under this section in prescribed form containing prescribed information.

1991, c. 67, s. 159; 1994, c. 22, s. 436; 1997, c. 85, s. 501.

159.1. Notwithstanding section 159, where a public sector body has made an election under section 17 of Part VI of Schedule V to the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), the body is deemed to have made an election under the second paragraph of section 159 and the election is deemed to become effective on the day an election under section 17 of Part VI of Schedule V to that Act is to become effective.

1997, c. 85, s. 502.

160. A supply of a membership made by an organization membership in which is required to maintain a professional status recognized by statute is exempt.

This section does not apply where the supplier has made an election under this section in prescribed form containing prescribed information.

1991, c. 67, s. 160; 1994, c. 22, s. 437.

160.1. A supply of a membership in an authorized party is exempt.

1997, c. 85, s. 503.

160.2. A supply made by an authorized party to a person is exempt where part of the consideration for the supply may reasonably be regarded as an amount (in this section referred to as the “amount contributed”) that is contributed to the authorized party and the person can claim a deduction or credit in determining the person’s tax payable under the Taxation Act (chapter I-3) or the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the total of such amounts contributed.

1997, c. 85, s. 503.

161. A supply made by a public sector body of a right that confers borrowing privileges at a public lending library is exempt.

1991, c. 67, s. 161.

162. A supply of any of the following property or services made by a government or municipality or by a commission or other body established by a government or municipality is exempt:

(1)  a service of registering any property or filing any document in a property registration system;

(2)  a service of procuring a document by a court or filing a document in a court;

(2.1)  a service of filing of a document under an Act;

(3)  a quota, licence, permit or similar right, other than such a right supplied in respect of the bringing of alcoholic beverages into Québec and any service in respect of an application for such a right;

(4)  a service of providing information in respect of, or of any certificate or other document evidencing, the vital statistics, residency, citizenship or right to vote of any person, the registration of any person for any service provided by a government or any other status of any person;

(5)  a service of providing information, or a certificate or other document, in respect of

(a)  the title to, or any right in, property,

(b)  any encumbrance or assessment in respect of property, or

(c)  the zoning of an immovable;

(6)  a service of providing information under the Access to Information Act (Revised Statutes of Canada, 1985, chapter A-1), the Privacy Act (Revised Statutes of Canada, 1985, chapter P-21) or the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1);

(7)  a law enforcement service or fire prevention service, made to a government or a municipality or to a commission or other body established by a government or municipality;

(8)  a service of collecting garbage, including recyclable materials; and

(9)  a right to deposit refuse at a refuse disposal site.

1991, c. 67, s. 162; 1994, c. 22, s. 438; 1995, c. 63, s. 345; 1997, c. 85, s. 504.

162.1. A supply made to a municipality, or to a commission or other body established by a municipality, of a service of receiving and processing telephone calls through a 9-1-1 emergency centre is exempt.

1999, c. 83, s. 311.

163. Notwithstanding section 162, the following supplies are not exempt:

(1)  a supply to a consumer of a right to hunt or fish;

(2)  a supply of a right to take or remove forestry products, products that grow in water, fishery products, minerals or peat, where the supply is made to

(a)  a consumer; or

(b)  a person who is not a registrant and who acquires the right in the course of a business of the person of making supplies of the products, minerals or peat to consumers;

(3)  a supply of a right to enter, to have access to or to use property of the Government, a municipality or another body.

1991, c. 67, s. 163; 1994, c. 22, s. 439.

164. A supply of a municipal service made by or on behalf of a government or municipality to owners or occupants of immovables situated in a particular geographic area is exempt where

(1)  the owners or occupants have no option but to receive the service; or

(2)  the service is supplied because of a failure by an owner or occupant to comply with an obligation imposed under a law.

This section does not include a supply of a service of testing or inspecting any property for the purpose of verifying or certifying that the property meets particular standards of quality or is suitable for consumption, use or supply in a particular manner.

1991, c. 67, s. 164; 1997, c. 85, s. 505.

164.1. A supply made by a municipality or a board, commission or other body established by a municipality of any of the following services is exempt:

(1)  a service of installing, replacing, repairing or removing street or road signs or barriers, street or traffic lights or property similar to any of the foregoing;

(2)  a service of removing snow, ice or water;

(3)  a service of removing, cutting, pruning, treating or planting vegetation;

(4)  a service of repairing or maintaining roads, streets, sidewalks or similar or adjacent property; and

(5)  a service of installing accesses or egresses.

1997, c. 85, s. 506.

165. A supply of a service, made by a municipality or by an organization that operates a water distribution, sewerage or drainage system and that is designated by the Minister to be a municipality for the purposes of this section, of installing, repairing, maintaining, or interrupting the operation of a water distribution, sewerage or drainage system, is exempt.

1991, c. 67, s. 165; 1994, c. 22, s. 440; 1997, c. 85, s. 507.

166. The following supplies are exempt:

(1)  a supply of unbottled water when made by a person other than a government or by a government designated by the Minister to be a municipality for the purposes of this section;

(2)  a supply of the service of delivering water, when the service is supplied by the supplier of the water and that supply of water is described in subparagraph 1.

This section does not apply to a supply of unbottled water that is a zero-rated supply or a supply of water dispensed in single servings to consumers through a vending machine or at a permanent establishment of the supplier.

1991, c. 67, s. 166; 1994, c. 22, s. 440; 1997, c. 85, s. 507.

167. A supply made to a member of the public of a municipal transit service or of a public passenger transportation service designated by the Minister to be a municipal transit service is exempt.

1991, c. 67, s. 167; 1997, c. 85, s. 507.

168. A supply of an immovable made by a public service body, other than a government, is exempt, except a supply of

(1)  a residential complex or an interest therein where the supply is made by way of sale;

(2)  an immovable where the supply is deemed under this title to have been made;

(3)  an immovable where the supply is made by way of sale to an individual or a personal trust, other than a supply of an immovable on which is situated a structure that was used by the body as an office or in the course of commercial activities or of making exempt supplies;

(4)  an immovable where, immediately before the time tax would be payable in respect of the supply if it were a taxable supply, the property was used, otherwise than in making the supply, primarily in commercial activities of the body;

(5)  short-term accommodation where the supply is made by a non-profit organization, municipality, university, public college or school authority;

(6)   an immovable, other than short-term accommodation, where the supply is made by way of lease, where the period throughout which continuous possession or use of the property is provided under the lease is less than one month, or a licence, where the supply is made in the course of a business carried on by the body;

(7)  an immovable in respect of which an election under section 272 is in effect at the time tax would become payable under this title in respect of the supply if it were a taxable supply;

(8)  a parking space where the supply is made by way of lease, licence or similar arrangement in the course of a business carried on by the body; or

(9)  an immovable the last supply of which to the body was deemed to have been made under section 320.

1991, c. 67, s. 168; 1994, c. 22, s. 441; 1997, c. 85, s. 508.

169. A supply made by a particular non-profit organization established primarily for the benefit of organized labour is exempt where the supply is made to

(1)  a trade union, association or body referred to in section 172 that is a member of or affiliated with the particular organization; or

(2)  another non-profit organization established primarily for the benefit of organized labour,

and a supply made by a person referred to in paragraph 1 or 2 is exempt where the supply is made to any such organization.

1991, c. 67, s. 169.

169.1. A supply of a poppy or wreath made by the Minister of Veterans Affairs in the course of operating a sheltered employment workshop, by the Dominion Command, or by any provincial command or branch of the Royal Canadian Legion, is exempt.

1994, c. 22, s. 442.

169.2. A supply between the following persons is exempt:

(1)  a municipal body and any of its para-municipal organizations;

(2)  a para-municipal organization of a municipal body and any other para-municipal organization of the municipal body;

(3)  a regional municipality and any of its local municipalities or any para-municipal organization of any of those local municipalities;

(4)  a para-municipal organization of a regional municipality and any local municipality of the regional municipality or any para-municipal organization of the local municipality; or

(5)  a regional municipality or any of its para-municipal organizations and any other organization, other than a government, the designated activities of which include the provision of water or municipal services within a territory over which the regional municipality has jurisdiction.

This section does not apply to a supply of electricity, gas, steam or telecommunication services made by a municipal body or a para-municipal organization, or a branch or division thereof, that acts as a public utility, or any supply made or received by the following persons otherwise than in the course of their designated activities:

(1)  a designated body of the Gouvernement du Québec;

(2)  a para-municipal organization designated as a municipality for the purposes of section 165 or 166 or sections 383 to 397; or

(3)  another organization referred to in subparagraph 5 of the first paragraph.

1994, c. 22, s. 442; 1997, c. 85, s. 509.

DIVISION VII FERRY, ROAD OR BRIDGE TOLL

170. A supply, other than a zero-rated supply, of a service of ferrying by watercraft passengers or property where the principal purpose of the ferrying is to transport motor vehicles and passengers between parts of a road or highway system that are separated by a stretch of water is exempt.

1991, c. 67, s. 170; 1994, c. 22, s. 443.

171. A supply of a right to use a road or bridge where a toll is charged for the right is exempt.

1991, c. 67, s. 171.

DIVISION VIII DUES

172. Where an amount is paid by a person to an organization as

(1)  a membership due paid to a trade union as defined

(a)  in section 3 of the Canada Labour Code (Revised Statutes of Canada, 1985, chapter L-2); or

(b)  in any provincial Act providing for the investigation, conciliation or settlement of industrial disputes,

or to an association of public servants the primary object of which is to promote the improvement of the members’ conditions of employment or work,

(2)  a due that was, pursuant to the provisions of a collective agreement, retained by the person from an individual’s remuneration and paid to a trade union or association referred to in paragraph 1 of which the individual was not a member, or

(3)  a due to a parity or advisory committee or similar body, the payment of which was required under the laws of a province in respect of an individual’s employment,

the organization is deemed to have made an exempt supply to the person and the amount is deemed to be consideration for the supply.

1991, c. 67, s. 172.

DIVISION IX FEES PAID TO A GOVERNMENT

1994, c. 22, s. 444.

172.1. Where a government or municipality or a board, commission or other body established by a government or municipality collects from the holder of or applicant for a right the supply of which is referred to in paragraph 3 of section 162 an amount that is levied for the purpose of recovering the costs of administration of a regulatory program relating to the right and the holder’s or the applicant’s failure to pay the amount would result in a loss of, a restriction in the exercise of, a change in the person’s entitlements under, or a denial of, the right,

(1)  the government, municipality, board, commission or other similar body is deemed to have made an exempt supply to the person; and

(2)  the amount is deemed to be consideration for that supply.

1994, c. 22, s. 444.

CHAPTER IV ZERO-RATED SUPPLY

DIVISION I DRUGS AND BIOLOGICALS

1994, c. 22, s. 445.

173. For the purposes of this division,

“medical practitioner” means a physician within the meaning of the Medical Act (chapter M-9) or a dentist within the meaning of the Dental Act (chapter D-3) and includes a person who is entitled under the laws of another province, the Northwest Territories or the Yukon Territory to practise the profession of medicine or dentistry;

“pharmacist” has the meaning assigned by the Pharmacy Act (chapter P-10) and includes a person who is entitled under the laws of another province, the Northwest Territories or the Yukon Territory to practise the profession of pharmacy;

“prescription” means a written or verbal order, given to a pharmacist by a medical practitioner, directing that a stated amount of any drug or mixture of drugs specified in the order be dispensed for the individual named in the order.

1991, c. 67, s. 173; 1997, c. 85, s. 510.

174. The following are zero-rated supplies:

(1)  a supply of any of the following drugs, except where they are labelled or supplied for agricultural or veterinary use only:

(a)  a drug described in Schedules C and D to the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27);

(b)  a drug described in Schedule F to the Food and Drug Regulations made under the Food and Drugs Act, other than a drug or mixture of drugs that may be sold to a consumer without a prescription pursuant to that Act or those regulations;

(c)  a drug or other substance included in Schedule G to the Food and Drugs Act;

(d)  a drug that contains a substance included in the schedule to the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1), other than a drug or mixture of drugs that may be sold to a consumer without a prescription pursuant to that Act or regulations made under that Act; and

(e)  Deslanoside, Digitoxin, Digoxin, Isosorbide dinitrate, Epinephrine and its salts, Nitroglycerine, Medical oxygen, Prenylamine, Quinidine and its salts or Erythrityl tetranitrate;

(f)  a drug the supply of which is authorized under the Food and Drug Regulations made under the Food and Drugs Act for use in an emergency treatment;

(2)  a supply of a drug when the drug is for human use and is dispensed

(a)  by a medical practitioner to an individual for the personal consumption or use of the individual or an individual related thereto; or

(b)  on the prescription of a medical practitioner for the personal consumption or use of the individual named in the prescription;

(3)  a supply of a service of dispensing a drug where the supply of the drug is provided for in this division;

(4)  a supply of human sperm.

1991, c. 67, s. 174; 1994, c. 22, s. 446; 1997, c. 85, s. 511.

DIVISION II MEDICAL AND ASSISTIVE DEVICES

1997, c. 85, s. 512.

175. For the purposes of this division, “medical practitioner” means a physician within the meaning of the Medical Act (chapter M-9) and includes a person who is entitled under the laws of another province, the Northwest Territories or the Yukon Territory to practise the profession of medicine.

1991, c. 67, s. 175; 1997, c. 85, s. 513.

176. The following are zero-rated supplies:

(1)  a supply of a communication device, other than a device described in paragraph 6, that is specially designed for use by a person with a hearing, speech or vision impairment;

(2)  a supply of a heart-monitoring device when the device is supplied on the written order of a medical practitioner for use by a consumer with heart disease who is named in the order;

(3)  a supply of a hospital bed when the bed is supplied to the operator of a health care institution, within the meaning of section 108, or on the written order of a medical practitioner for use by an incapacitated person named in the order;

(4)  a supply of an artificial breathing apparatus that is specially designed for use by a person with a respiratory disorder;

(4.1)  a supply of an aerosol chamber or a metered dose inhaler for use in the treatment of asthma when the chamber or inhaler is supplied on the written order of a medical practitioner for use by a consumer named in the order;

(4.2)  a supply of a respiratory monitor, nebulizer, tracheostomy supply, gastro-intestinal tube, dialysis machine, infusion pump or intravenous apparatus, that can be used in the residence of a person;

(5)  a supply of a mechanical percussor for postural drainage treatment;

(6)  a supply of a device that is designed to convert sound to light signals when the device is supplied on the written order of a medical practitioner for use by a consumer with a hearing impairment who is named in the order;

(7)  a supply of a selector control device that is specially designed to enable a person with a disability to energize, select or control household, industrial or office equipment;

(8)  a supply of ophthalmic lenses, with or without frames, when the lenses are supplied on the written order of an eye-care professional for the treatment or correction of a defect of vision of a consumer named in the order, where the eye-care professional is entitled under the laws of Québec, another province, the Northwest Territories or the Yukon Territory in which the professional practices to prescribe lenses for such purpose;

(9)  a supply of an artificial eye;

(10)  a supply of artificial teeth;

(10.1)  a supply of an orthodontic appliance;

(11)  a supply of a hearing aid;

(12)  a supply of a laryngeal speaking aid;

(13)  a supply of a chair, commode chair, walker, wheelchair lift or similar aid to locomotion, with or without wheels, including motive power and wheel assemblies therefor, that is specially designed for use by a person with a disability;

(14)  a supply of a patient lifter that is specially designed to move a disabled person;

(15)  a supply of a wheelchair ramp that is specially designed for access to a motor vehicle;

(16)  a supply of a portable wheelchair ramp;

(17)  a supply of an auxiliary driving control that is designed for attachment to a motor vehicle to facilitate the operation of the vehicle by a person with a disability;

(17.1)  a supply of a service of modifying a motor vehicle to adapt the vehicle for the transportation of a person using a wheelchair and a supply of property, other than the vehicle, made in conjunction with, and because of, the supply of the service;

(18)  a supply of a patterning device that is specially designed for use by a disabled person;

(19)  a supply of a bath-seat, shower-seat or toilet-seat that is specially designed for use by a disabled person;

(20)  a supply of an insulin infusion pump or an insulin syringe;

(20.1)  a supply of an extremity pump, intermittent pressure pump or similar device for use in the treatment of lymphedema when the pump or device is supplied on the written order of a medical practitioner for use by a consumer named in the order;

(20.2)  a supply of a catheter for subcutaneous injections when the catheter is supplied on the written order of a medical practitioner for use by a consumer named in the order;

(20.3)   a supply of a lancet;

(21)  a supply of an artificial limb;

(22)  a supply of an orthotic or orthopaedic device that is made to order for a person or is supplied on the written order of a medical practitioner for use by a consumer named in the order;

(22.1)  (paragraph repealed);

(23)  a supply of a specially constructed appliance that is made to order for a person who has a crippled or deformed foot or ankle;

(23.1)  a supply of footwear that is specially designed for use by a person who has a crippled or deformed foot or other similar disability, when the footwear is supplied on the written order of a medical practitioner;

(24)  a supply of a medical or surgical prosthesis, or an ileostomy, colostomy or urinary appliance or similar article that is designed to be worn by a person;

(25)  a supply of an article or material, not including a cosmetic, for use by a user of, and necessary for the proper application and maintenance of an article described in paragraph 24; “cosmetic” means a property, whether or not possessing therapeutic or prophylactic properties, commonly or commercially known as a toilet article, preparation or cosmetic that is intended for use or application for toilet purposes or for use in connection with the care of the human body, or any part thereof, whether for preserving, deodorizing, beautifying, cleansing or restoring and, for greater certainty, includes a denture cream or adhesive, antiseptic, skin cream or lotion, mouth wash, depilatory, scent, perfume, toothpaste, tooth powder, bleach, oral rinse, toilet soap and any similar toilet article, cosmetic or preparation;

(26)  a supply of a crutch or cane that is specially designed for use by a person with a disability;

(27)  a supply of a blood-glucose monitor or meter;

(28)  a supply of blood-ketone, urinary-ketone, blood-sugar, or urinary-sugar testing strips or urinary-ketone or urinary-sugar reagents or tablets;

(29)  a supply of any article that is specially designed for the use of blind persons when the article is supplied to or by the Canadian National Institute for the Blind or any other bona fide association or institution for blind persons for use by a blind person or on the order or certificate of a medical practitioner;

(30)  a supply of a prescribed property or service;

(31)  a supply of a part, accessory or attachment that is specially designed for a property described in this division;

(32)  a supply of a dog that is or is to be trained as a guide dog for the use of a blind person, including the service of training the person to use the dog, where the supply is made to or by an organization that is operated for the purpose of supplying guide dogs to blind persons; and

(32.1)  a supply of a dog that is or is to be trained to assist a person with a hearing impairment in respect of problems arising from the impairment, including a service of training the person to use such a dog, where the supply is made to or by an organization that is operated for the purpose of supplying such dogs to persons with hearing impairments;

(33)  a supply of a service, other than a service the supply of which is included in any provision of Division II of Chapter III except section 116 and a service related to the provision of a surgical or dental service that is performed for cosmetic purposes and not for medical or reconstructive purposes, of maintaining, installing, modifying, repairing or restoring a property described in any of paragraphs 1 to 31 and 37 to 39, or any part of such a property where the part is supplied in conjunction with the service;

(34)  a supply of a graduated compression stocking, an anti-embolic stocking or similar article when the stocking or article is supplied on the written order of a medical practitioner for use by a consumer named in the order;

(35)  a supply of clothing that is specially designed for use by a person with a disability when the clothing is supplied on the written order of a medical practitioner for use by a consumer named in the order;

(36)  a supply of an incontinence product that is specially designed for use by a person with a disability;

(37)  a supply of a feeding utensil or other gripping device that is specially designed for use by a person with impaired use of hands or other similar disability;

(38)  a supply of a reaching aid that is specially designed for use by a person with a disability;

(39)  a supply of a prone board that is specially designed for use by a person with a disability.

1991, c. 67, s. 176; 1994, c. 22, s. 447; 1995, c. 1, s. 275; 1997, c. 85, s. 514.

DIVISION III BASIC GROCERIES

177. Supplies of food or beverages for human consumption, including seasonings, sweetening agents and other ingredients to be mixed with or used in the preparation of such food or beverages, other than supplies of the following, are zero-rated supplies:

(1)  beer, malt liquor, spirits, wine or other alcoholic beverages;

(1.1)  grapes, juice and concentrated or non-concentrated must, malt, malt extract and other similar products intended for the making of wine or beer;

(2)  (paragraph repealed);

(3)  carbonated beverages;

(4)  non-carbonated fruit juice beverages or fruit flavoured beverages, other than milk-based beverages, that contain less than 25% by volume of

(a)  a natural fruit juice or combination of natural fruit juices; or

(b)  a natural fruit juice or combination of natural fruit juices that have been reconstituted;

(5)  goods that, when added to water, produce a beverage described in paragraph 4;

(6)  candies, confectionery that may be classed as candy, or any goods sold as candies, such as candy floss, chocolate and chewing gum, whether naturally or artificially sweetened, and including fruits, seeds, popcorn and nuts when they are coated or treated with chocolate, molasses, honey, syrup, sugar, candy or artificial sweeteners;

(7)  sticks, chips or curls, such as cheese sticks, potato sticks, bacon crisps, corn chips, potato chips or cheese curls, and other similar snack foods, brittle pretzels or popcorn, but not including any product that is sold primarily as a breakfast cereal;

(8)  salted seeds or salted nuts;

(9)  granola products, but not including any product that is sold primarily as a breakfast cereal;

(10)  snack mixtures that contain cereals, dried fruit, seeds, nuts or any other edible product, but not including any mixture that is sold primarily as a breakfast cereal;

(11)  ice lollies, juice bars, flavoured, coloured or sweetened ice waters, or similar products, whether frozen or not;

(12)  ice cream, frozen pudding, ice milk, sherbet or frozen yoghurt, non-dairy substitutes for any of the foregoing, or any product that contains any of the foregoing, when packaged or sold in single servings;

(13)  fruit drops, rolls or bars or similar fruit-based snack foods;

(14)  doughnuts, cookies, croissants with sweetened coating, icing or filling, cakes, muffins, pastries, tarts, pies or similar products, but not including bread products without sweetened coating, icing or filling, such as bagels, croissants, English muffins or bread rolls, where

(a)  they are prepackaged for sale to consumers in quantities of less than six items each of which is a single serving, or

(b)  they are not prepackaged for sale to consumers and are sold as single servings in quantities of less than six;

(15)  pudding, including flavoured gelatine, mousse, flavoured whipped dessert product or any other products similar to pudding, or beverages, other than unflavoured milk, except

(a)  when prepared and prepackaged specially for consumption by babies,

(b)  when sold in multiples, prepackaged by the manufacturer or producer, of single servings, or

(c)  when the cans, bottles or other primary containers in which the beverages or products are sold contain a quantity exceeding a single serving;

(16)  food or beverages heated for consumption;

(16.1)  salads not canned or vacuum sealed;

(16.2)  sandwiches and similar products other than when frozen;

(16.3)  platters of cheese, fruit, vegetables or cold cuts and other arrangements of prepared food;

(16.4)  beverages dispensed at the place where they are sold;

(16.5)  food or beverages sold under a contract for, or in conjunction with, catering services;

(17)  food or beverages sold through a vending machine;

(18)  food or beverages sold at an establishment at which all or substantially all of the sales of food or beverages are sales of food or beverages described in any of paragraphs 1 to 17, except where

(a)  the food or beverage is sold in a form not suitable for immediate consumption, having regard to the nature of the product, the quantity sold or its packaging, or

(b)  in the case of a product described in paragraph 14, the product is not sold for consumption at the establishment and

i.  is prepackaged for sale to consumers in quantities of more than five items each of which is a single serving, or

ii.  is not prepackaged for sale to consumers and is sold as single servings in quantities of more than five; and

(19)  unbottled water, other than ice.

1991, c. 67, s. 177; 1994, c. 22, s. 448; 1997, c. 14, s. 334; 1997, c. 85, s. 515.

177.1. A supply of unbottled water for human consumption made to a consumer, when the water is dispensed in a quantity exceeding a single serving through a vending machine or at a permanent establishment of the supplier, is a zero-rated supply.

1994, c. 22, s. 449.

DIVISION IV AGRICULTURE AND FISHING

178. The following are zero-rated supplies:

(1)  a supply of bees, farm livestock, other than rabbits, or poultry that are ordinarily raised or kept to be used as or to produce food for human consumption or to produce wool;

(1.1)  a supply of a rabbit made otherwise than in the course of a business in the course of which animals are regularly supplied as pets to consumers;

(2)  a supply of grains or seeds in their natural state, treated for seeding purposes or irradiated for storage purposes, hay or silage, or other fodder crops, that are ordinarily used as, or to produce, food for human consumption or feed for farm livestock or poultry, when supplied in a quantity that is larger than the quantity that is ordinarily sold or offered for sale to consumers, but not including grains or seeds or mixtures thereof that are packaged, prepared or sold for use as feed for wild birds or as pet food;

(2.1)  a supply of feed, made by the operator of a feedlot, that is deemed to be a separate supply under paragraph 1 of section 39.2;

(3)  a supply of sugar beets, sugar cane, flax seed, hops, barley or straw;

(4)  a supply of poultry or fish eggs that are produced for hatching purposes;

(5)  a supply of fertilizer, other than a product sold as soil or as a soil mixture, whether or not containing fertilizer, made at any time to a recipient when the fertilizer is supplied in bulk, or in a container that contains at least 25 kg of fertilizer, where the total quantity of fertilizer supplied at that time to the recipient is at least 500 kg;

(6)  a supply of wool, not further processed than washed;

(7)  a supply of tobacco leaves, not further processed than dried and sorted;

(8)  a supply of fish or other marine or freshwater animals not further processed than frozen, filleted, scaled, eviscerated, smoked, salted, dried, other than any such animal that is not ordinarily used as food for human consumption or that is sold as bait in recreational fishing;

(9)  a supply made to a registrant of farmland by way of lease, licence or similar arrangement, to the extent that the consideration for the supply is a share of the production from the farmland of property the supply of which is a zero-rated supply; and

(10)  a supply of prescribed property.

1991, c. 67, s. 178; 1994, c. 22, s. 450; 1995, c. 1, s. 276; 1997, c. 85, s. 516.

DIVISION V SUPPLY SHIPPED OUTSIDE QUÉBEC

179. A supply of corporeal movable property, other than goods on which a duty of excise is imposed under the Excise Act (Revised Statutes of Canada, 1985, chapter E-14) or would be imposed under that Act if the goods were manufactured or produced in Canada, made by a person to a recipient, other than a consumer, who intends to ship the property outside Québec is a zero-rated supply where

(1)  the recipient ships the property outside Québec as soon after the property is delivered by the person to the recipient as is reasonable having regard to the circumstances surrounding the shipment outside Québec and, where applicable, to the normal business practice of the recipient;

(2)  the property is not acquired by the recipient for consumption, use or supply in Québec before the shipment of the property outside Québec by the recipient;

(3)  after the supply is made and before the recipient ships the property outside Québec, the property is not further processed, transformed or altered in Québec except to the extent reasonably necessary or incidental to its transportation;

(4)  the person maintains evidence satisfactory to the Minister of the shipment of the property outside Québec by the recipient or, where the recipient is authorized under section 427.3, the recipient provides the person with a certificate in which the recipient certifies that the property will be shipped outside Québec in the circumstances described in paragraphs 1 to 3;

(5)  (paragraph repealed).

1991, c. 67, s. 179; 1994, c. 22, s. 451; 1995, c. 63, s. 346.

180. A supply of property or a service, other than the supply of an immovable by way of sale, made to a person not resident in Québec who is not registered under Division I of Chapter VIII at the time the supply is made, is a zero-rated supply where the property or service is acquired by the person for consumption, use or supply

(1)  where the person carries on a business of transporting property or passengers to or from Québec or between places outside Québec by aircraft, railway or ship, in the course of so transporting property or passengers;

(2)  in the course of operating an aircraft or ship by or on behalf of a government of a province other than Québec, the Northwest Territories, the Yukon Territory or a country other than Canada; or

(3)  in the course of operating a ship for the purpose of obtaining scientific data outside Québec or for the laying or repairing of oceanic telegraph cables.

1991, c. 67, s. 180; 1997, c. 85, s. 517.

180.1. A supply of fuel is a zero-rated supply when it is made to a person who is registered under Division I of Chapter VIII at the time the supply is made, where

(1)  the person carries on a business of transporting property or passengers to or from Québec or between places outside Québec by aircraft, railway or ship; and

(2)  the fuel is acquired by the person for use in the course of so transporting property or passengers.

1994, c. 22, s. 452; 1997, c. 85, s. 518.

180.2. A supply of a pilotage service made to a person not resident in Québec who is not registered under Division I of Chapter VIII at the time the supply is made is a zero-rated supply where

(1)  the person carries on the business of transporting property or passengers by ship to and from places located outside Québec; and

(2)  the pilotage service is acquired by the person for consumption or use in the course of such transportation.

1995, c. 1, s. 277.

181. A supply of any goods on which a duty of excise is imposed under the Excise Act (Revised Statutes of Canada, 1985, chapter E-14) or would be imposed were they manufactured or produced in Canada and which the recipient exports in bond is a zero-rated supply.

1991, c. 67, s. 181.

182. A supply of a service, other than a transportation service, in respect of corporeal movable property ordinarily situated outside Québec and of any corporeal movable property supplied in conjunction with the service, is a zero-rated supply if

(1)  where the property is ordinarily situated outside Canada, the property is temporarily brought into Québec for the sole purpose of having the service performed and is taken or shipped outside Canada as soon as is practicable after the service is performed; or

(2)  where the property is ordinarily situated outside Québec but within Canada,

(a)  the property is temporarily brought into Québec for the sole purpose of having the service performed and is taken or shipped outside Québec but within Canada as soon as is practicable after the service is performed, and

(b)  the recipient is registered under Subdivision d of Division V of Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

1991, c. 67, s. 182; 1997, c. 85, s. 519; 1999, c. 83, s. 312.

183. A supply made to a person not resident in Québec of a service of acting as a mandatary of the person or of arranging for, procuring or soliciting orders for supplies by or to the person is a zero-rated supply, to the extent that the service is in respect of

(1)  a supply to the person that is provided for in this division; or

(2)  a supply made outside Québec by or to the person.

1991, c. 67, s. 183; 1997, c. 85, s. 519.

184. A supply made by a person to a recipient not resident in Québec of an emergency repair service, and of any corporeal movable property supplied in conjunction with the service, in respect of a conveyance or cargo container that is being used or transported by the person in the course of a business of transporting property or passengers, is a zero-rated supply.

1991, c. 67, s. 184; 1997, c. 85, s. 519.

184.1. A supply made to a person not resident in Québec who is not registered under Division I of Chapter VIII of an emergency repair service, and of any corporeal movable property supplied in conjunction with the service, in respect of railway rolling stock that is being used in the course of a business of transporting passengers or property, is a zero-rated supply.

1997, c. 85, s. 520.

184.2. A supply made to a person not resident in Québec who is not registered under Division I of Chapter VIII of an emergency repair service in respect of, or a service of storing, an empty cargo container, other than a container less than 6.1 metres in length or having an internal capacity less than 14 cubic metres, and any corporeal movable property supplied in conjunction with the repair service is a zero-rated supply, to the extent that the cargo container

(1)  is used in transporting property to or from Canada and is classified under heading No. 98.01 or subheading No. 9823.90 of Schedule I to the Customs Tariff (Revised Statutes of Canada, 1985, chapter 41, 3rd Supplement); or

(2)  is used in transporting property to or from Québec and would be classified under heading No. 98.01 or subheading No. 9823.90 of Schedule I to the Customs Tariff if the cargo container were from outside Québec.

1997, c. 85, s. 520.

185. A supply of a service made to a person not resident in Québec is a zero-rated supply, except a supply of

(1)  a service made to an individual who is in Québec at any time when the individual has contact with the supplier in relation to the supply;

(1.1)  a service that is rendered to an individual while that individual is in Québec;

(2)  an advisory, consulting or professional service;

(3)  a postal service;

(4)  a service in respect of an immovable situated in Québec;

(5)  a service in respect of corporeal movable property that is situated in Québec at the time the service is performed;

(6)  a service of acting as a mandatary of the person not resident in Québec or of arranging for, procuring or soliciting orders for supplies by or to the person;

(7)  a transportation service;

(8)  a telecommunication service.

1991, c. 67, s. 185; 1994, c. 22, s. 453; 1997, c. 85, s. 521.

186. A supply of a service of advertising made to a person not resident in Québec who is not registered under Division I of Chapter VIII at the time the service is performed is a zero-rated supply.

1991, c. 67, s. 186.

187. A supply made to a person not resident in Québec of an advisory, consulting or research service that is intended to assist the person in taking up residence or establishing a business venture in Québec is a zero-rated supply.

1991, c. 67, s. 187.

188. A supply of a patent, industrial design, copyright, invention, trade-mark, trade-name, trade secret or other intellectual property or any right, licence or privilege to use any such property is a zero-rated supply where the recipient is a person not resident in Québec who is not registered under Division I of Chapter VIII at the time the supply is made.

1991, c. 67, s. 188.

189. A supply of corporeal movable property made by a person operating a duty free shop licensed as such under the Customs Act (Revised Statutes of Canada, 1985, chapter 1, 2nd Supplement) to an individual at a duty free shop for export by the individual is a zero-rated supply.

1991, c. 67, s. 189.

189.1. A supply of corporeal movable property made by way of sale to a person operating a duty free shop licensed as such under the Customs Act (Revised Statutes of Canada, 1985, chapter 1, 2nd Supplement), where the person acquires the property as inventory for supply by way of sale at the shop to an individual for export by the individual and the person provides the supplier with the licence number of the shop, is a zero-rated supply.

1995, c. 63, s. 347.

190. A supply of corporeal movable property is a zero-rated supply where the supplier delivers the property to a public carrier, or mails the property, for shipment outside Québec.

1991, c. 67, s. 190; 1997, c. 85, s. 522.

191. The following supplies, made to a person not resident in Québec who is not registered under Division I of Chapter VIII, are zero-rated supplies:

(1)  a supply of corporeal movable property or of a service performed in respect of corporeal movable property where the property or service is acquired by the person for the purpose of fulfilling an obligation of the person under a warranty;

(2)  a supply of corporeal movable property where the supply is deemed, under section 327.1, to have been made following a transfer of possession of the property in performance of an obligation of the person under a warranty.

1991, c. 67, s. 191; 1994, c. 22, s. 454; 1995, c. 1, s. 278.

191.1. For the purposes of section 191.2,

“die” means a solid or hollow form used for shaping materials by stamping, pressing, extruding, drawing or threading;

“fixture” means a device for holding goods in process while working tools are in operation that does not contain any special arrangement for guiding the working tools;

“jig” means a device used in the accurate machining of goods in process by holding the goods firmly and guiding tools exactly to position;

“mould” means a hollow form, matrix or cavity into which materials are placed to produce goods of desired shapes;

“tool” means a device for use in, or attachment to, production machinery that is for the assembling of materials or the working of materials by turning, milling, grinding, polishing, drilling, punching, boring, shaping, shearing, pressing or planing.

1994, c. 22, s. 455.

191.2. A supply of property that is a fixture, jig, die, mould or tool, or an interest therein, made to a person not resident in Québec who is not registered under Division I of Chapter VIII at the time the supply is made is a zero-rated supply where the property is to be used directly in the manufacture or production of corporeal movable property for the person.

1994, c. 22, s. 455.

191.3. A supply of natural gas made by a person to a recipient who intends to transmit the gas outside Québec through a pipeline is a zero-rated supply where

(1)  the recipient transmits the gas outside Québec as soon after it is delivered by the person to the recipient as is reasonable having regard to the circumstances surrounding the transmission outside Québec and, where applicable, to the normal business practice of the recipient;

(2)  the gas is not acquired by the recipient for consumption, use or supply in Québec, except to the extent that it is used by a carrier as fuel or compressor gas to transport the gas by pipeline, before the transmission of the gas outside Québec by the recipient;

(3)  after the supply is made and before the recipient transmits the gas outside Québec, the gas is not further processed, transformed or altered in Québec except to the extent reasonably necessary or incidental to its transportation; and

(4)  the person maintains evidence satisfactory to the Minister of the transmission of the gas outside Québec by the recipient.

1994, c. 22, s. 455.

191.4. A supply made to a person not resident in Québec of a custodial or nominee service in respect of securities or precious metals of the person is a zero-rated supply.

1994, c. 22, s. 455; 1997, c. 85, s. 523.

191.5. A supply made to a person not resident in Québec, other than an individual, who is not registered under Division I of Chapter VIII that consists in providing an individual not resident in Québec with, or in administering an examination in respect of, an educational service leading to a certificate, diploma, permit or similar document, or a class or rating in respect of a licence, that attests to the competence of the individual to whom the service is rendered or the examination is administered to practise a trade or vocation, is a zero-rated supply.

1994, c. 22, s. 455.

191.6. A supply made to a person not resident in Québec who is not registered under Division I of Chapter VIII of a service of destroying or discarding corporeal movable property is a zero-rated supply.

1994, c. 22, s. 455.

191.7. A supply made to a person not resident in Québec who is not registered under Division I of Chapter VIII of a service of dismantling property for the purpose of shipping the property outside Québec is a zero-rated supply.

1994, c. 22, s. 455.

191.8. A supply made to a person not resident in Québec who is not registered under Division I of Chapter VIII of a service of testing or inspecting corporeal movable property that is acquired in or brought into Québec for the sole purpose of having the service performed and that is to be destroyed or discarded in the course of providing, or on completion of, the service, is a zero-rated supply.

1994, c. 22, s. 455.

191.9. A supply of a postal service is a zero-rated supply where the supply is made, by a registrant who carries on the business of supplying postal services, to a person not resident in Québec who is not a registrant and who carries on such a business.

1994, c. 22, s. 455; 1997, c. 85, s. 524.

191.9.1. A supply of a telecommunication service where the supply is made, by a registrant who carries on the business of supplying telecommunication services, to a person not resident in Québec who is not a registrant and who carries on such a business, but not including a supply of a telecommunication service where the telecommunication is emitted and received in Québec, is a zero-rated supply.

1997, c. 85, s. 525.

191.10. A supply of an advisory, consulting or professional service made to a person not resident in Québec is a zero-rated supply, except a supply of

(1)  a service rendered to an individual in connection with criminal, civil or administrative litigation in Québec, other than a service rendered before the commencement of such litigation;

(2)  a service in respect of an immovable situated in Québec;

(3)  a service in respect of corporeal movable property that is situated in Québec at the time the service is performed; or

(4)  a service of acting as a mandatary of the person or of arranging for, procuring or soliciting orders for supplies by or to the person.

1994, c. 22, s. 455; 1997, c. 85, s. 526.

191.11. For the purposes of this division, a floating home and a mobile home that is not affixed to land are each deemed to be corporeal movable property and not immovable property.

1994, c. 22, s. 455.

DIVISION VI TRAVEL SERVICE

192. A supply of the part of a tour package that is not the taxable portion of the package is a zero-rated supply.

Section 63 applies to this section.

1991, c. 67, s. 192.

DIVISION VI.1

Repealed, 1997, c. 14, s. 335.

1995, c. 1, s. 279; 1997, c. 14, s. 335.

192.1. (Repealed).

1995, c. 1, s. 279; 1997, c. 14, s. 335.

192.2. (Repealed).

1995, c. 1, s. 279; 1997, c. 14, s. 335.

DIVISION VII TRANSPORTATION SERVICE

193. For the purposes of this division,

“continuous freight movement” means the transportation of corporeal movable property by one or more carriers to a destination specified by the shipper of the property, where all freight transportation services supplied by the carriers are supplied as a consequence of instructions given by the shipper of the property;

“continuous journey” of an individual or a group of individuals means the set of all passenger transportation services provided to the individual or group

(1)  and for which a single ticket or voucher in respect of all the services is issued, or

(2)  where two or more tickets or vouchers are issued in respect of two or more legs of a single journey of the individual or group on which there is no stopover between any of the legs of the journey for which separate tickets or vouchers are issued, and all the tickets or vouchers are issued by the same supplier or by two or more suppliers through one mandatary acting on behalf of all the suppliers where

(a)  all such tickets or vouchers are issued at the same time and evidence satisfactory to the Minister is maintained by the supplier or mandatary that there is no stopover between any of the legs of the journey for which separate tickets or vouchers are issued, or

(b)  the tickets or vouchers are issued at different times and evidence satisfactory to the Minister is submitted by the supplier or mandatary that there is no stopover between any of the legs of the journey for which separate tickets or vouchers are issued;

“continuous outbound freight movement” means the transportation of corporeal movable property by one or more carriers from a place in Québec to a place outside Québec, or to another place in Québec from which the property is to be taken outside Québec, where, after the shipper of the property transfers possession of the property to a carrier and before the property is taken outside Québec, it is not further processed, transformed or altered in Québec, except to the extent that is reasonably necessary for its transportation;

“destination”, in respect of a continuous freight movement of property, means a place specified by the shipper of the property where possession of the property is transferred to the person to whom the property is consigned or addressed by the shipper;

“freight transportation service” means a particular service of transporting corporeal movable property and, for greater certainty, includes a service of delivering mail, and any other property or service supplied to the recipient of the particular service by the person who supplies the particular service, where the other property or service is part of or incidental to the particular service, whether or not there is a separate charge for the other property or service, but does not include a service provided by the supplier of a passenger transportation service of transporting an individual’s baggage in connection with the passenger transportation service;

“origin” means

(1)  in respect of a continuous freight movement, the place where the first carrier that engaged in the continuous freight movement takes possession of the property being transported; and

(2)  in respect of a continuous journey, the place where the passenger transportation service that is included in the continuous journey and that is first provided begins;

“place outside Canada”, in respect of a freight transportation service, includes at a particular time a place in Canada if, at that time, the property being transported has been imported but has not been released, within the meaning of the Customs Act (Revised Statutes of Canada, 1985, chapter 1, 2nd Supplement) and the property is being transported in compliance with that Act or any other Act of Parliament that prohibits, controls or regulates the importation of goods within the meaning of the Customs Act;

“shipper” of corporeal movable property means the person who, in respect of a continuous freight movement or a continuous outbound freight movement, transfers possession of the property being shipped to a carrier at the origin of the freight movement and, for greater certainty, does not include a person who is a carrier of the property to which the freight movement relates;

“stopover”, in respect of a continuous journey of an individual or a group of individuals, means any place at which the individual or group embarks or disembarks a conveyance used in the provision of a passenger transportation service included in the continuous journey, for any reason other than transferring to another coveyance, or allowing for servicing or refuelling of the conveyance;

“termination” of a continuous journey means the place where the passenger transportation service that is included in the continuous journey and that is last provided ends.

1991, c. 67, s. 193; 1994, c. 22, s. 456; 1997, c. 85, s. 527.

194. The following are zero-rated supplies:

(1)  a supply of a passenger transportation service that is provided to an individual or a group of individuals and that is part of a continuous journey of the individual or group where

(a)  the origin, termination or stopover forming part of the continuous journey is outside Canada;

(b)  (subparagraph repealed);

(c)  the origin of the continuous journey is in Québec, its termination is in Canada but outside Québec and, at the time the journey begins, the individual or group is scheduled to disembark a conveyance used for the provision of the service in a place outside Canada to transfer to another conveyance used for the provision of the service; or

(d)  the continuous journey begins at the Gatineau airport by an air transportation service and the termination of the journey is in Canada;

(2)  a supply of a service of transporting an individual’s baggage in connection with a passenger transportation service that is described in paragraph 1 for consideration that is not included as part of the consideration for the passenger transportation service, where the supply is made by the supplier of the passenger transportation service; and

(3)  (paragraph repealed).

1991, c. 67, s. 194; 1993, c. 19, s. 186; 1997, c. 85, s. 528.

195. Paragraph 1 of section 194 does not apply in respect of a passenger transportation service that is part of a continuous journey, other than a continuous journey that includes transportation by air, where both the origin and the termination of the journey are in Québec and, at the time the journey begins, the individual or group is not scheduled to be outside Canada for an uninterrupted period of a least 24 hours.

1991, c. 67, s. 195.

196. For the purposes of this division, where in respect of a continuous freight movement several carriers supply freight transportation services in the course of the continuous freight movement, and the shipper or the consignee of the property is, under the contract of carriage for the continuous freight movement, required to pay a particular carrier that is one of those carriers a particular amount that is part or all of the consideration for the freight transportation services supplied by those several carriers, the following rules apply:

(1)  the particular carrier is deemed to have made a supply of a freight transportation service, having the same destination as the continuous freight movement, to the shipper or consignee, as the case may be, for consideration equal to the particular amount, whether or not the particular amount includes an amount paid to the particular carrier as mandatary of any of the other several carriers;

(2)  the shipper or consignee, as the case may be, is deemed to have received a supply of a freight transportation service from the particular carrier for consideration equal to the particular amount and not to have received a freight transportation service from any of the other several carriers; and

(3)  to the extent that any part of the particular amount is paid by one of the several carriers (in this paragraph referred to as the “first carrier”) to another of the several carriers, the first carrier is deemed to be the recipient of freight transportation services supplied by the other carriers in relation to the continuous freight movement and, to the same extent, the other carriers are deemed to have supplied those freight transportation services to the first carrier and not to the shipper or consignee.

1991, c. 67, s. 196; 1997, c. 85, s. 529.

197. The following are zero-rated supplies:

(1)  a supply of a freight transportation service in respect of the transportation of corporeal movable property from a place in Québec to a place outside Canada where the value of the consideration for the supply is $5 or more, without reference to tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

(2)  a supply made by a carrier of a freight transportation service in respect of the transportation of corporeal movable property from a place in Québec to another place in Québec, where

(a)  the shipper of the property provides the carrier with a declaration in prescribed form that the property is being shipped outside Québec and that the freight transportation service to be supplied by the carrier is part of a continuous outbound freight movement in respect of the property, except where the property is intended to be shipped to a place in Canada;

(b)  the property is taken outside Québec and the service is part of a continuous outbound freight movement in respect of the property; and

(c)  the value of the consideration for the supply is $5 or more, without reference to tax paid or payable under Part IX of the Excise Tax Act;

(3)  (paragraph repealed);

(4)  a supply of a freight transportation service in respect of the transportation of corporeal movable property from a place outside Canada to a place in Québec;

(5)  (paragraph repealed);

(5.1)  (paragraph repealed);

(6)  a supply of a freight transportation service from a place in Canada to a place in Québec that is part of a continuous freight movement from an origin outside Canada to a destination in Québec, where the supplier of the service maintains documentary evidence satisfactory to the Minister that the service is part of a continuous freight movement from an origin outside Canada to a destination in Québec;

(7)  a supply of a freight transportation service made by a carrier of the property being transported to a second carrier of the property being transported, where the service is part of a continuous freight movement and the second carrier is neither the shipper nor the consignee of the property being transported;

(8)  a supply of a service of acting as a mandatary for a person not resident in Québec who is not registered under Division I of Chapter VIII at the time the supply is made, to the extent that the service is in respect of a supply to that person of a freight transportation service that is described in any of paragraphs 1 to 6;

(9)  a supply by a licensee under paragraph a of subsection 1 of section 24 of the Customs Act (Revised Statutes of Canada, 1985, chapter 1, 2nd Supplement) of a service of warehousing goods imported into Canada at a sufferance warehouse operated by the licensee, where the purpose of the service is to enable examination of the goods before their release, within the meaning of the said Act; and

(10)  a supply of a service of ferrying by watercraft passengers or property to or from a place outside Québec, where the principal purpose of the ferrying is to transport motor vehicles and passengers between parts of a road or highway system that are separated by a stretch of water.

1991, c. 67, s. 197; 1994, c. 22, s. 457; 1995, c. 63, s. 349; 1997, c. 85, s. 530.

197.1. A supply of an air ambulance service made by a person who carries on the business of supplying air ambulance services, where the transportation is to or from a place outside Québec, is a zero-rated supply.

1997, c. 85, s. 531.

DIVISION VIII OTHER ZERO-RATED SUPPLIES

198. The following are zero-rated supplies:

(1)  a supply of a financial service;

(2)  a supply of property or a service that is for the use of the Lieutenant-Governor of Québec or another province;

(3)  a supply of an admission to a convention, other than an admission to a foreign convention, made by a sponsor of the convention to a person not resident in Québec.

1991, c. 67, s. 198; 1994, c. 22, s. 458.

198.1. The following are zero-rated supplies:

(1)  a supply of a printed book or its updating, identified by an International Standard Book Number (ISBN) assigned according to the international book numbering system;

(2)  a supply of a talking book or of its carrier, acquired by a person as a result of a visual handicap.

1997, c. 14, s. 336.

198.2. A supply of tobacco within the meaning of the Tobacco Tax Act (chapter I-2) is a zero-rated supply.

1999, c. 83, s. 313.

CHAPTER V INPUT TAX REFUND

DIVISION I GENERAL PRINCIPLES

199. Where property or a service is supplied to or brought into Québec by a person and, during a reporting period of the person during which the person is a registrant, tax in respect of the supply or bringing into Québec of the property or service becomes payable by the person or is paid by the person without having become payable, the amount determined by the following formula is an input tax refund of the person in respect of the property or service for the period:

                        A x B.

For the purposes of this formula,

(1)  A is the tax in respect of the supply or bringing into Québec of the property or service that becomes payable by the person during the reporting period or that is paid by the person during the period without having become payable; and

(2)  B is

(a)  where the tax is deemed under section 252 to have been paid in respect of the property on the last day of a taxation year of the person, the extent, expressed as a percentage of the total use of the property in the course of commercial activities and businesses of the person during that taxation year, to which the person used the property in the course of commercial activities of the person during that taxation year;

(b)  where the property or service is acquired or brought into Québec by the person for use in improving capital property of the person, the extent, expressed as a percentage, to which the person was using the capital property in the course of commercial activities of the person immediately after the capital property or a portion thereof was last acquired or brought into Québec by the person; and

(c)  in any other case, the extent, expressed as a percentage, to which the person acquired or brought into Québec the property or service for consumption, use or supply in the course of commercial activities of the person.

1991, c. 67, s. 199; 1994, c. 22, s. 459; 1997, c. 85, s. 532.

199.1. Where a person acquires or brings into Québec property or a service partly for use in improving capital property of the person and partly for another purpose, for the purpose of determining an input tax refund of the person in respect of the property or service,

(1)  notwithstanding section 34, that part of the property or service that is acquired or brought into Québec for use in improving the capital property and the remaining part of the property or service are each deemed to be a separate property or service that does not form part of the other;

(2)  the tax payable in respect of the supply or bringing into Québec of that part of the property or service that is acquired or brought into Québec for use in improving the capital property is deemed to be equal to the amount determined by the formula

A × B

where

(a)  A is the tax payable (in this section referred to as the “total tax payable”) by the person in respect of the supply or bringing into Québec of the property or service, determined without reference to this section; and

(b)  B is the extent, expressed as a percentage, to which the total consideration paid or payable by the person for the supply in Québec of the property or service or the value of the property brought into Québec is or would be, if the person were a taxpayer within the meaning of the Taxation Act (chapter I-3), included in determining the adjusted cost base to the person of the capital property for the purposes of that Act; and

(3)  the tax payable in respect of that part of the property or service that is not for use in improving the capital property is deemed to be equal to the difference between the total tax payable and the amount determined under paragraph 2.

1994, c. 22, s. 460; 1997, c. 85, s. 533.

199.2. (Repealed).

1994, c. 22, s. 460; 1997, c. 85, s. 534.

199.3. (Repealed).

1994, c. 22, s. 460; 1997, c. 85, s. 534.

199.4. (Repealed).

1994, c. 22, s. 460; 1994, c. 22, s. 461.

200. (Repealed).

1991, c. 67, s. 200; 1994, c. 22, s. 462.

201. A registrant may not claim an input tax refund for a reporting period unless, before filing the return in which the refund is claimed,

(1)  the registrant obtained sufficient evidence in such form containing such information as will enable the amount of the refund to be determined, including any such information as may be prescribed; and

(2)  where the input tax refund is in respect of property or a service supplied to the registrant in circumstances in which the registrant is required to report the tax payable in respect of the supply in a return filed with the Minister under this Title, the registrant has so reported the tax in a return filed under this Title.

1991, c. 67, s. 201; 1994, c. 22, s. 463; 1997, c. 85, s. 535.

202. Where the Minister is satisfied that there are or will be sufficient records available to establish the particulars of any supply or bringing into Québec or of any supply or bringing into Québec of a specific class and the tax paid or payable in respect of the supply or bringing into Québec, the Minister may

(1)  exempt a specified registrant, a specified class of registrants or registrants generally from any of the requirements of section 201 in respect of that supply or bringing into Québec or a supply or bringing into Québec of that class; and

(2)  specify terms and conditions of the exemption.

1991, c. 67, s. 202; 1994, c. 22, s. 464.

203. In determining an input tax refund of a registrant, no amount shall be included in respect of the tax payable by the registrant in respect of the following supplies made to, or brought into Québec by, the registrant:

(1)  a supply of a membership, or a right to acquire a membership, in a club the main purpose of which is to provide recreational, sporting or dining facilities, except where the registrant acquires the membership or right, as the case may be, exclusively for supply in the course of a business of the registrant of supplying such memberships or rights;

(1.1)  a supply or bringing into Québec of property or a service that is acquired or brought into Québec by the registrant for consumption or use by the registrant, or, where the registrant is a partnership, an individual who is a member of the partnership, in relation to any part (in this section and in section 457.2 referred to as the “work space”) of a self-contained domestic establishment in which the registrant or the individual, as the case may be, resides unless the work space

(a)  is the principal place of business of the registrant, or

(b)  is used exclusively for the purpose of earning income from a business and is used on a regular and continuous basis for meeting clients, customers or patients of the registrant in respect of the business;

(2)  a supply or the bringing into Québec of property or a service that is acquired or brought in by the registrant at any time in or before a reporting period of the registrant exclusively for the personal consumption, use or enjoyment (in this section and in section 204 referred to as the “benefit”) in that period of a particular individual who was, is or agrees to become an officer or employee of the registrant, or of another individual related to the particular individual;

(3)  a supply made in or before a reporting period of the registrant of property, by way of lease, licence or similar arrangement, primarily for the personal consumption, use or enjoyment in that period of

(a)  where the registrant is an individual, the registrant or another individual related to the registrant;

(b)  where the registrant is a partnership, an individual who is a member of the partnership or another individual who is an employee, officer or shareholder of, or related to, a member of the partnership;

(c)  where the registrant is a corporation, an individual who is a shareholder of the corporation or another individual related to the shareholder; and

(d)  where the registrant is a trust, an individual who is a beneficiary of the trust or another individual related to the beneficiary.

1991, c. 67, s. 203; 1994, c. 22, s. 465; 1997, c. 85, s. 536.

204. Paragraph 2 of section 203 does not apply in the following cases:

(1)  the registrant makes a taxable supply of the property or service to the particular individual or the other individual for consideration that becomes due in that period and that is equal to the fair market value of the property or service at the time the consideration becomes due; or

(2)  if no amount were payable for the benefit by the particular individual who was, is or agrees to become an officer or employee of the registrant, no amount would be included under sections 34 to 47.17 of the Taxation Act (chapter I-3) in respect of the benefit in computing the income of the particular individual.

Similarly, paragraph 3 of section 203 does not apply where the registrant makes a taxable supply of the property in that period to such an individual for consideration that becomes due in that period and that is equal to the fair market value of the supply at the time the consideration becomes due.

1991, c. 67, s. 204.

205. (Repealed).

1991, c. 67, s. 205; 1997, c. 85, s. 537.

206. In determining an input tax refund of a registrant, no amount shall be included in respect of the tax payable by the registrant in respect of the supply or bringing into Québec of property or a service, except to the extent that

(1)  the consumption or use of property or a service of such quality, nature or cost is reasonable in the circumstances, having regard to the nature of the commercial activities of the registrant; and

(2)  the value of the consideration for the supply of the property or service or, in the case of the bringing into Québec of the property or service, the value of the property is reasonable in the circumstances.

1991, c. 67, s. 206.

206.1. (Repealed).

1993, c. 19, s. 187; 1995, c. 63, s. 350.

206.2. (Repealed).

1993, c. 19, s. 187; 1995, c. 63, s. 350.

206.3. (Repealed).

1993, c. 19, s. 187; 1995, c. 63, s. 350.

206.3.1. (Repealed).

1994, c. 22, s. 466; 1995, c. 63, s. 350.

206.4. (Repealed).

1993, c. 19, s. 187; 1995, c. 63, s. 350.

206.5. (Repealed).

1993, c. 19, s. 187; 1995, c. 63, s. 350.

206.6. (Repealed).

1994, c. 22, s. 467; 1995, c. 63, s. 350.

206.7. (Repealed).

1995, c. 63, s. 351; 1997, c. 14, s. 378; 2000, c. 39, s. 297; 1995, c. 63, s. 352.

DIVISION II SPECIAL RULES

§ 1 . — Becoming and ceasing to be registrant

207. Where at any time a person becomes a registrant and immediately before that time the person was a small supplier, for the purpose of determining an input tax refund of the person, the following rules apply:

(1)  the person is deemed to have received, at that time, a supply by way of sale of each property of the person that was held immediately before that time for consumption, use or supply in the course of commercial activities of the person; and

(2)  the person is deemed to have paid, at that time, tax in respect of the supply equal to the basic tax content of the property at that time.

1991, c. 67, s. 207; 1994, c. 22, s. 468; 1997, c. 85, s. 538.

208. Where at any time a person becomes a registrant, the following rules apply in determining the input tax refund of the person for the first reporting period of the person ending after that time,

(1)  there may be included the total of any tax that became payable by the person before that time, to the extent that the tax was payable in respect of a service to be supplied to the person after that time for consumption, use or supply in the course of commercial activities of the person or was calculated on the value of consideration that is a rent, royalty or similar payment attributable to a period after that time in respect of property that is used in the course of commercial activities of the person; and

(2)  there shall not be included any tax that becomes payable by the person after that time, to the extent that the tax is payable in respect of a service supplied to the person before that time or is calculated on the value of consideration that is a rent, royalty or similar payment attributable to a period before that time.

1991, c. 67, s. 208; 1997, c. 85, s. 539.

209. Where a person ceases at any time to be a registrant, the following rules apply:

(1)  the person is deemed

(a)  to have made, immediately before that time, a supply of each property of the person, other than capital property, that immediately before that time was held by the person for consumption, use or supply in the course of commercial activities of the person and to have collected, immediately before that time, tax in respect of the supply, calculated on the fair market value of the property at that time, and

(b)  to have received, at that time, a supply of the property by way of sale and to have paid, at that time, tax in respect of the supply equal to the amount determined under subparagraph a; and

(2)  where the person was, immediately before that time, using capital property of the person in commercial activities of the person, the person is deemed to have, immediately before that time, ceased using the property in commercial activities.

1991, c. 67, s. 209; 1993, c. 19, s. 188; 1994, c. 22, s. 469; 1995, c. 63, s. 353.

210. Where a person who engages in commercial activities ceases at any time to be a registrant, the following rules apply:

(1)  in determining the input tax refund of the person for the last reporting period of the person beginning before that time, there may be included the total of any tax that becomes payable by the person after that time, to the extent that the tax is payable in respect of a service that was supplied to the person before that time for consumption, use or supply in the course of commercial activities of the person or is calculated on the value of consideration that is a rent, royalty or similar payment attributable to a period before that time in respect of property that is used in the course of commercial activities of the person; and

(2)  in determining the net tax of the person for the last reporting period of the person beginning before that time, there shall be added to the total for A in the formula set out in section 428 any input tax refund claimed by the person before that time, to the extent that it relates to a service to be supplied to the person after that time or to the value of consideration that is a rent, royalty or similar payment attributable to a period after that time.

1991, c. 67, s. 210; 1997, c. 85, s. 540.

210.1. Sections 207 to 210 do not apply where sections 210.2 to 210.4 apply.

Section 209 does not apply to property held by a person immediately before the person ceases to be a registrant where sections 297.2, 297.7.1, 297.7.5 and 297.7.6 applied in respect of that property at an earlier time.

1994, c. 22, s. 470; 1995, c. 63, s. 354.

§ 1.1 . — Taxi Business

1994, c. 22, s. 470.

210.2. Where at any time a person who is a small supplier is engaged in a taxi business and other commercial activities in Québec, other than the supply by way of sale of an immovable, and the registration of the person does not apply to those other activities, the following rules apply:

(1)  the person is deemed not to be a registrant at that time except in respect of the taxi business and anything done by the person in the course of that business or in connection with it; and

(2)  for the purposes of sections 199 to 202 and subdivision 5, the other activities of the person are deemed not to be commercial activities of the person at that time.

1994, c. 22, s. 470.

210.3. Where at any time a person is engaged in a taxi business and other commercial activities in Québec, other than the supply by way of sale of an immovable, and the person’s registration begins, at that time, to apply to those other activities, the following rules apply:

(1)  for the purpose of determining an input tax refund of the person, the person is deemed to have received, at that time, a supply by way of sale of each property of the person, other than capital property, that was held immediately before that time for consumption, use or supply in the course of those other activities and to have paid, at that time, tax in respect of the supply equal to the basic tax content of the property at that time; and

(2)  for the purpose of determining the input tax refund of the person for the reporting period that includes that time, there may be included the total of any tax that became payable by the person before that time, to the extent that the tax is calculated on consideration, or a part thereof,

(a)  that is reasonably attributable to a service that is to be rendered to the person after that time and that was acquired by the person for consumption, use or supply in the course of those other activities, or

(b)  that is a rent, royalty or similar payment in respect of property and that is reasonably attributable to a period after that time during which the property is used in the course of those other activities.

1994, c. 22, s. 470; 1997, c. 85, s. 541.

210.4. Where at any time a person is engaged in a taxi business and other commercial activities in Québec, other than the supply by way of sale of an immovable, and the person’s registration ceases, at that time, to apply to those other activities, the following rules apply:

(1)  the person is deemed

(a)  to have made, immediately before that time, a supply of each property of the person, other than capital property, that was held immediately before that time for consumption, use or supply in the course of those other activities and to have collected, immediately before that time, tax in respect of the supply, calculated on the fair market value of the property at that time, and

(b)  to have received, at that time, a supply of the property by way of sale and to have paid, at that time, tax in respect of the supply equal to the amount determined under subparagraph a;

(2)  in determining the input tax refund of the person for the reporting period that includes that time, there may be included tax that becomes payable by the person after that time, to the extent that the tax is calculated on consideration, or a part thereof,

(a)  that is reasonably attributable to a service that was rendered to the person before that time and that was acquired by the person for consumption, use or supply in the course of those other activities, or

(b)  that is a rent, royalty or similar payment in respect of property and that is reasonably attributable to a period before that time during which the property was used in the course of those other activities; and

(3)  an amount shall be added in determining the net tax for the reporting period of the person that includes that time where, in determining an input tax refund claimed by the person in a return under section 468 for a reporting period ending before that time, there was included an amount in respect of tax calculated on consideration, or a part thereof,

(a)  that is reasonably attributable to services that are to be rendered to the person after that time, or

(b)  that is a rent, royalty or similar payment in respect of property and that is reasonably attributable to a period (in this section referred to as the “lease period”) after that time.

For the purposes of subparagraph 3 of the first paragraph, the amount shall be added in determining the net tax to the extent to which the property is used by the person during the lease period, or the services were acquired by the person for consumption, use or supply, in the course of those other activities.

1994, c. 22, s. 470; 1995, c. 63, s. 355.

210.5. (Repealed).

1994, c. 22, s. 470; 1995, c. 63, s. 356.

§ 1.2 . — Retail vendor of tobacco

1995, c. 47, s. 8.

210.6. Sections 210.2 to 210.5, adapted as required, apply to every small supplier who is required to register pursuant to section 407.2.

1995, c. 47, s. 8.

§ 1.3 . — Supplier of alcoholic beverages

1995, c. 63, s. 357.

210.7. Sections 210.2 to 210.5 apply, with the necessary modifications, to every small supplier who is required to register pursuant to section 407.3.

1995, c. 63, s. 357.

§ 1.4 . — Fuel supplier

1999, c. 65, s. 49.

210.8. Sections 210.2 to 210.5 apply, with the necessary modifications, to every small supplier who is required to register pursuant to section 407.4.

1999, c. 65, s. 49.

§ 2 . — Allowance and reimbursement

211. A person is deemed to have received a supply of property or a service where

(1)  the person pays an allowance to an employee of the person, or, where the person is a partnership, to a member of the partnership, or, where the person is a charity or a public institution, to a volunteer who gives services to the charity or public institution

(a)  for supplies all or substantially all of which are taxable supplies, other than zero-rated supplies, of property or services acquired in Québec by the employee, member or volunteer in relation to activities engaged in by the person, or

(b)  for the use in Québec, in relation to activities engaged in by the person, of a motor vehicle;

(2)  an amount in respect of the allowance is deductible in computing the income of the person for a taxation year of the person for the purposes of the Taxation Act (chapter I-3), or would have been so deductible if the person were a taxpayer under that Act and the activity were a business; and

(3)  in the case of an allowance in respect of which paragraph e of section 39 or section 40 of the Taxation Act would apply if the allowance were a reasonable allowance for the purposes of that paragraph or that section and, where the person is a partnership and the allowance is paid to a member of the partnership, or, where the person is a charity or a public institution and the allowance is paid to a volunteer, if the member or volunteer were an employee of a partnership, charity or institution, the person considered, at the time the allowance was paid, that the allowance would be a reasonable allowance for the purposes of paragraph e of section 39 or section 40 of that Act and it is reasonable for the person to have so considered, at that time, the allowance to be a reasonable allowance for those purposes.

In addition, any consumption or use of the property or service by the employee, member or volunteer is deemed to be consumption or use by the person and not by the employee, member or volunteer, and the person is deemed to have paid, at the time the allowance was paid, tax in respect of the supply equal to the amount determined by multiplying the amount of the allowance by 7.5/107.5.

1991, c. 67, s. 211; 1993, c. 19, s. 189; 1994, c. 22, s. 471; 1995, c. 1, s. 280; 1995, c. 63, s. 358; 1997, c. 85, s. 542.

211.1. (Repealed).

1993, c. 19, s. 190; 1995, c. 1, s. 281.

212. Where an employee of an employer, a member of a partnership or a volunteer who gives services to a charity or public institution acquires or brings into Québec property or a service for consumption or use in activities of the employer, partnership, charity or public institution (each of which is referred to in this section as the “person”), the employee, member or volunteer paid the tax payable in respect of that acquisition or bringing into Québec and the person pays an amount to the employee, member or volunteer as a reimbursement in respect of the property or service,

(1)  the person is deemed to have received a supply of the property or service;

(2)  any consumption or use of the property or service by the employee, member or volunteer in activities of the person is deemed to be consumption or use by the person and not by the employee, member or volunteer; and

(3)  the person is deemed to have paid, at the time the reimbursement is paid, tax in respect of the supply equal to the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the tax paid by the employee, member or volunteer in respect of the acquisition or bringing into Québec of the property or service; and

(2)  B is the lesser of

(a)  the percentage of the cost of the property or service, for the employee, member or volunteer, that is reimbursed to the employee, member or volunteer, and

(b)  the extent, expressed as a percentage, to which the property or service was acquired or brought into Québec by the employee, member or volunteer for consumption or use in activities of the person.

1991, c. 67, s. 212; 1995, c. 1, s. 282; 1997, c. 85, s. 543.

212.1. Section 212 does not apply to a reimbursement in respect of property or a service acquired or brought into Québec by a member of a partnership where paragraph 2 of section 345.2 applies to the acquisition or bringing into Québec and the reimbursement is paid to the member after the member files with the Minister a return of the member under section 468 in which an input tax refund in respect of the property or service is claimed.

1997, c. 85, s. 544.

212.2. Where the beneficiary of a warranty (other than an insurance policy) in respect of the quality, fitness or performance of corporeal property acquires or brings into Québec property or a service in respect of which tax is payable by the beneficiary and a registrant pays to the beneficiary, under the terms of the warranty, an amount as a reimbursement in respect of the property or service and therewith provides written indication that a portion of the amount is on account of tax, the following rules apply:

(1)  the registrant may claim an input tax refund, for the reporting period of the registrant in which the reimbursement is paid, equal to the amount (in this section referred to as the “tax reimbursed”) determined by the formula

A × B / C; and

(2)  where the beneficiary is a registrant who was entitled to claim an input tax refund, or a rebate under Division I of Chapter VII, in respect of the property or service, the beneficiary is deemed to have made a taxable supply and to have collected, at the time the reimbursement is paid, tax in respect of the supply equal to the amount determined by the formula

D × E / F.

For the purposes of these formulas,

(1)  A is the tax payable by the beneficiary;

(2)  B is the amount of the reimbursement;

(3)  C is the cost to the beneficiary of the property or service;

(4)  D is the tax reimbursed;

(5)  E is the total of the input tax refunds and rebates under Division I of Chapter VII that the beneficiary was entitled to claim in respect of the property or service; and

(6)  F is the tax payable by the beneficiary in respect of the supply or bringing into Québec of the property or service.

1997, c. 85, s. 544.

§ 3 . — Used returnable container

1997, c. 85, s. 545.

213. A registrant is deemed, except where section 75.1 or 80 applies in respect of the supply, to have paid, at the time any amount is paid as consideration for the supply, tax in respect of the supply equal to the amount determined by multiplying that amount by 7.5/107.5, where

(1)  the registrant is the recipient of a supply made in Québec by way of sale of used corporeal movable property that is a usual covering or container of a class of coverings or containers in which property, other than property the supply of which is a zero-rated supply, is delivered;

(2)  tax is not payable by the registrant in respect of the supply;

(3)  the property is acquired for the purpose of consumption, use or supply in the course of commercial activities of the registrant; and

(4)  except where the property is a returnable container within the meaning of section 350.24 of a particular class that is not supplied by the registrant when filled and sealed, the registrant pays to the supplier consideration for the supply that is not less than the total of

(a)  the consideration charged by the registrant for supplies by the registrant of used coverings or containers of that class, and

(b)  tax calculated on that consideration.

For the purposes of this section, where a person makes a supply of used corporeal movable property to a registrant with whom the person is not dealing at arm’s length for consideration that exceeds the fair market value of the property at the time possession of the property is transferred to the registrant, the value of the consideration for the supply is deemed to be equal to the fair market value of the property at that time.

1991, c. 67, s. 213; 1994, c. 22, s. 472; 1997, c. 85, s. 546.

214. (Repealed).

1991, c. 67, s. 214; 1993, c. 19, s. 191; 1995, c. 63, s. 359; 1997, c. 85, s. 547.

215. (Repealed).

1991, c. 67, s. 215; 1994, c. 22, s. 473; 1997, c. 85, s. 547.

216. (Repealed).

1991, c. 67, s. 216; 1993, c. 19, s. 192; 1994, c. 22, s. 474; 1995, c. 63, s. 360; 1997, c. 85, s. 547.

217. (Repealed).

1991, c. 67, s. 217; 1994, c. 22, s. 475; 1995, c. 63, s. 361; 1997, c. 85, s. 547.

217.1. (Repealed).

1994, c. 22, s. 476; 1997, c. 85, s. 547.

218. (Repealed).

1991, c. 67, s. 218; 1997, c. 85, s. 547.

219. (Repealed).

1991, c. 67, s. 219; 1995, c. 63, s. 362; 1997, c. 85, s. 547.

§ 4 . — Immovable

I.  — Change in use

220. Where at a particular time a person begins to hold or use an immovable as a residential complex,

(1)  the person is deemed to have substantially renovated the complex;

(2)  the renovation is deemed to have begun at the particular time and to have been substantially completed at the earlier of

(a)  the time the complex is occupied by any individual as a place of residence or lodging, and

(b)  the time the person transfers ownership of the complex to another person; and

(3)  the person is deemed to be a builder of the complex, except where the person is

(a)  a particular individual who acquires the immovable at that time to hold and use exclusively as a place of residence of the particular individual or another individual who is related to the particular individual or who is a former spouse of the particular individual, or

(b)  a personal trust that acquires the immovable at that time to hold or use exclusively as a place of residence of an individual who is a beneficiary of the trust.

However, the first paragraph applies only where

(1)  the immovable

(a)  was last acquired by the person to be held or used as a residential complex, or

(b)  immediately before the particular time, is held for supply, or used or held for use as capital property, in a business or commercial activity of the person;

(2)  immediately before the particular time, the immovable was not a residential complex; and

(3)  the person did not engage in the construction or substantial renovation of, and is not, but for this section, a builder of the complex.

1991, c. 67, s. 220; 1994, c. 22, s. 477; 1997, c. 85, s. 548.

221. Where at any time an individual appropriates an immovable for the personal use or enjoyment of the individual, another individual related to the individual or a former spouse of the individual, the individual is deemed

(1)  to have made and received a taxable supply by way of sale of the immovable immediately before that time; and

(2)  to have paid as a recipient and to have collected as a supplier, at that time, tax in respect of the supply, calculated on the fair market value of the immovable at that time.

However, the first paragraph applies only where, immediately before that time, the immovable

(1)  was held for supply, or was used or held for use as capital property, in a business or commercial activity of the individual; and

(2)  was not a residential complex.

1991, c. 67, s. 221.

222. (Repealed).

1991, c. 67, s. 222; 1995, c. 63, s. 363.

I.1.  — Self-supply of land

1994, c. 22, s. 478.

222.1. Where a person who has an interest in land makes a supply of the land by way of lease, licence or similar arrangement and at any time gives possession of the land as set out in subparagraph 2 of the second paragraph, the person is deemed

(1)  to have made, immediately before that time, a taxable supply by way of sale of the land and to have collected, at that time, tax in respect of the supply calculated on the fair market value of the land at that time; and

(2)  to have received, at that time, a taxable supply by way of sale of the land and to have paid, at that time, tax in respect of that supply calculated on the fair market value of the land at that time.

However, the first paragraph applies only where

(1)  the supply is an exempt supply referred to in section 99 or paragraph 1 of section 100;

(2)  the person at any time gives possession of the land to the recipient of the supply under the arrangement;

(3)  the last use of the land by the person before that time was not under an arrangement for a supply referred to in subparagraph 1 of this paragraph;

(4)  the person was not deemed under section 243, 258 or 261 to have made a supply of the land at or immediately before that time; and

(5)  the recipient of the supply is not acquiring possession of the land for the purpose of

(a)  constructing a residential complex thereon in the course of a commercial activity, or

(b)  making an exempt supply of the land referred to in section 99.

1994, c. 22, s. 478.

I.2.  — Self-supply of a site in a residential trailer park

1994, c. 22, s. 478.

222.2. Where a person makes a supply of a site in a residential trailer park of the person by way of lease, licence or similar arrangement and at any time gives possession or occupancy of the site as set out in subparagraph 2 of the second paragraph, the person is deemed

(1)  to have made, immediately before that time, a taxable supply by way of sale of the park and to have collected, at that time, tax in respect of the supply calculated on the fair market value of the park at that time; and

(2)  to have received, at that time, a taxable supply by way of sale of the park and to have paid, at that time, tax in respect of the supply calculated on the fair market value of the park at that time.

However, the first paragraph applies only where

(1)  the supply is an exempt supply referred to in paragraph 2 of section 100;

(2)  the person at any time gives possession or occupancy of the site to the recipient of the supply under the arrangement;

(3)  none of the sites in the park were occupied immediately before that time under an arrangement for a supply referred to in subparagraph 1 of this paragraph; and

(4)  either

(a)  the last acquisition of the park by the person was not an exempt supply referred to in section 97.3 and the person was not deemed to have made a supply of land included in the park as a consequence of using the land for purposes of the park,

i.  before that time under this section, or

ii.  at or immediately before that time under section 243, 258 or 261; or

(b)  the person was entitled, after the park or land was last acquired or deemed to have been supplied by the person, to claim an input tax refund in respect of the acquisition thereof or an improvement thereto.

1994, c. 22, s. 478.

222.3. Where a person who increases the area of land included in a residential trailer park of the person makes a supply of a site in the area of land by which the park was increased (in this section referred to as the “additional area”) by way of lease, licence or similar arrangement and at any time gives possession or occupancy of the site as set out in subparagraph 2 of the second paragraph, the person is deemed

(1)  to have made, immediately before that time, a taxable supply by way of sale of the additional area and to have collected, at that time, tax in respect of the supply calculated on the fair market value of the additional area at that time; and

(2)  to have received, at that time, a taxable supply by way of sale of the additional area and to have paid, at that time, tax in respect of the supply calculated on the fair market value of the additional area at that time.

However, the first paragraph applies only where

(1)  the supply is an exempt supply referred to in paragraph 2 of section 100;

(2)  the person at any time gives possession or occupancy of the site to the recipient of the supply under the arrangement;

(3)  none of the sites in the additional area were occupied immediately before that time under an arrangement for a supply referred to in subparagraph 1 of this paragraph; and

(4)  either

(a)  the last acquisition of the additional area by the person was not an exempt supply referred to in section 97.3 and the person was not deemed to have made a supply of the additional area as a consequence of using the additional area for purposes of the park,

i.  before that time under this subdivision 4, or

ii.  at or before that time under section 243, 258 or 261; or

(b)  the person was entitled, after the additional area was last acquired or deemed to have been supplied by the person, to claim an input tax refund in respect of the acquisition thereof or an improvement thereto.

1994, c. 22, s. 478.

I.3.  — Supply of a mobile home or floating home – Builder

1994, c. 22, s. 478.

222.4. Any person who makes a supply of a mobile home or a floating home before it has been used or occupied by any individual as a place of residence or lodging is deemed to have engaged in the construction of the home and to have substantially completed the construction at the earlier of the time ownership of the home is transferred to the recipient of the supply and the time possession of the home is transferred to the recipient under the agreement for the supply.

1994, c. 22, s. 478.

222.5. Where a person engages in the substantial renovation of a mobile home or a floating home, the home is deemed not to have been used or occupied, at any time before the person began to substantially renovate the home, by any individual as a place of residence or lodging.

1994, c. 22, s. 478.

II.  — Self-supply of residential complex – Builder

223. Subject to sections 224.1 to 224.5, where the construction or substantial renovation of a residential complex that is a single unit residential complex or a residential unit held in co-ownership is substantially completed, the builder of the complex is deemed

(1)  to have made and received, at the latest of the time the construction or substantial renovation is substantially completed, the time possession of the complex is given as set out in subparagraph a or b of subparagraph 1 of the second paragraph and the time the residential complex is occupied as set out in subparagraph c of that subparagraph, a taxable supply by way of sale of the complex; and

(2)  to have paid as a recipient and to have collected as a supplier, at the latest of those times, tax in respect of the supply calculated on the fair market value of the complex at the latest of those times.

However, the first paragraph applies only where

(1)  the builder of the residential complex

(a)  gives possession of the complex to a particular person under a lease, licence or similar arrangement, other than an arrangement, arising as a consequence of an agreement of purchase and sale of the complex, for the possession or occupancy of the complex until ownership of the complex is transferred to the purchaser under the agreement, entered into for the purpose of its occupation by an individual as a place of residence,

(b)  gives possession of the complex to a particular person under an agreement, other than an agreement for the supply of a mobile home and a site for the home in a residential trailer park, for

i.  the supply by way of sale of the building or any part thereof in which the residential unit forming part of the complex is located, and

ii.  the supply by way of lease of the land forming part of the complex or the supply of such a lease by way of assignment, or

(c)  is an individual and occupies the complex as a place of residence; and

(2)  the builder, the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy the complex as a place of residence after substantial completion of the construction or renovation.

1991, c. 67, s. 223; 1994, c. 22, s. 479; 1997, c. 14, s. 337.

224. Subject to sections 224.1 to 224.5, where the construction or substantial renovation of a residential complex held in co-ownership is substantially completed, the builder of the unit is deemed

(1)  to have made and received, at the time referred to in subparagraph 3 of the second paragraph, a taxable supply by way of sale of the unit; and

(2)  except where possession of the unit was transferred to the particular person referred to in subparagraph 1 of the second paragraph before 1 July 1992, to have paid as a recipient and to have collected as a supplier, at that time, tax in respect of the supply calculated on the fair market value of the unit at that time.

However, the first paragraph applies only where

(1)  the builder of the unit gives possession of the unit to a particular person who is the purchaser under an agreement of purchase and sale of the unit at a time when the declaration of co-ownership relating to the complex in which the unit is situated has not yet been entered in the land register;

(2)  the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy the unit as a place of residence after substantial completion of the construction or renovation; and

(3)  the agreement of purchase and sale is at any time terminated, otherwise than by performance of the agreement, and another agreement of purchase and sale of the unit between the builder and the particular person is not entered into at that time.

1991, c. 67, s. 224; 1994, c. 22, s. 480; 1997, c. 3, s. 135; 1997, c. 14, s. 338.

224.1. Notwithstanding section 428, a builder of a residential complex who is registered under Division I of Chapter VIII may make an election to not include in determining the net tax of the builder for a particular reporting period of the builder the tax deemed under subparagraphs a and c of subparagraphs 1 and 2 of the second paragraph of section 223 or 224 to have been collected by the builder during the particular period in respect of the residential complex.

However, the first paragraph applies only where the residential complex is built by the builder for the purpose of using it in the course of the builder’s business of supplying immovables by way of sale otherwise than by the sole application of section 223 or 224.

1997, c. 14, s. 339.

224.2. Where a builder having made an election under section 224.1 in respect of a residential complex makes, within 12 months following the supply deemed to have been made under section 223 or 224, a supply of the residential complex by way of sale, other than a supply deemed to have been made under the provisions of this Title, section 223 or 224, as the case may be, is deemed not to have applied, except for the purpose of computing the interest payable by the builder under the first paragraph of section 224.4.

However, if no supply of the residential complex by way of sale is made by the builder within 12 months following the supply deemed to have been made under section 223 or 224, the presumption established in the first paragraph does not apply and the builder shall include, in determining the net tax of the builder for a reporting period of the builder that is not later than the reporting period of the builder that includes the day after the 12-month period following the supply deemed to have been made under section 223 or 224, the tax deemed to have been collected by the builder in respect of the residential complex.

1997, c. 14, s. 339; 1997, c. 85, s. 549.

224.3. A builder having made an election under section 224.1 in respect of a residential complex shall

(1)  make the election in prescribed form containing prescribed information; and

(2)   file the election with the Minister on or before the last day of the month following the month in which the builder is deemed to have made the supply of the residential complex under section 223 or 224.

1997, c. 14, s. 339.

224.4. A builder having made an election under section 224.1 in respect of a residential complex shall pay interest at the rate determined in section 28 of the Act respecting the Ministère du Revenu (chapter M-31) on the tax payable in respect of the supply deemed to have been made under section 223 or 224 for the period that begins on the day on which the builder is deemed to have made the supply of the residential complex and that ends on the earliest of

(1)  the day after the 12-month period following the supply deemed to have been made under section 223 or 224;

(2)  the day on which the tax under section 16 is payable in respect of the supply of the residential complex by way of sale in the circumstances described in the first paragraph of section 224.2; and

(3)  the day on which the builder remits the tax the builder is deemed under section 223 or 224 to have collected in respect of the residential complex.

There shall be added, in determining the net tax of the builder for the reporting period of the builder during which the builder is required to include, in determining that net tax, any tax that has become collectible, has been collected or is deemed to have been collected by the builder in respect of the residential complex, the amount equal to the interest payable under the first paragraph.

However, the first paragraph does not apply where the builder remits to the Minister the tax deemed under section 223 or 224 to have been collected by the builder in respect of the residential complex on or before the day on which the builder is required to file an election under section 224.3.

1997, c. 14, s. 339.

224.5. Where the builder makes an election under section 224.1 in respect of a residential complex, the following rules apply, with the necessary modifications:

(1)  where section 75.1 applies, the recipient of the supply is deemed to be the builder of the residential complex from the time the supply is deemed under section 223 or 224 to have been made;

(2)  where section 76 applies, the new corporation is deemed to be the builder of the residential complex from the time the supply is deemed under section 223 or 224 to have been made;

(3)  where section 77 applies, the other corporation is deemed to be the builder of the residential complex from the time the supply is deemed under section 223 or 224 to have been made;

(4)  where section 326 applies, the succession is deemed to be the builder of the residential complex from the time the supply is deemed under section 223 or 224 to have been made; similarly, if section 80 applies, the other individual is deemed to be the builder of the residential complex from the time the supply is deemed under section 223 or 224 to have been made;

(5)  where a supply is deemed to be made under section 320, the creditor is deemed to be the builder of the residential complex from the time the supply is deemed under section 223 or 224 to have been made;

(6)  where a supply is deemed to have been made under a provision of this Title, other than a supply deemed to have been made under section 320, the second paragraph of section 224.2 applies immediately before the time of the supply and the builder is required to include in determining the net tax of the builder for the builder’s reporting period during which the builder is deemed to have made the supply, the tax that is deemed to have been collected under section 223 or 224 by the builder in respect of the residential complex.

1997, c. 14, s. 339; 1998, c. 16, s. 303.

225. Where the construction or substantial renovation of a multiple unit residential complex is substantially completed, the builder of the complex is deemed

(1)  to have made and received, at the latest of the time the construction or substantial renovation is substantially completed, the time possession of the unit referred to in subparagraph a of subparagraph 1 of the second paragraph is given as set out in that subparagraph and the time the unit referred to in subparagraph b of that subparagraph is occupied as set out in that subparagraph, a taxable supply by way of sale of the complex; and

(2)  to have paid as a recipient and to have collected as a supplier, at the latest of those times, tax in respect of the supply calculated on the fair market value of the complex at the latest of those times.

However, the first paragraph applies only where

(1)  the builder of the residential complex

(a)  gives possession of any residential unit in the complex to a particular person under a lease, licence or similar arrangement entered into for the purpose of its occupation by an individual as a place of residence and the particular person is not a purchaser under an agreement of purchase and sale of the complex, or

(b)  is an individual and occupies any residential unit in the complex as a place of residence; and

(2)  the builder, the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy a residential unit in the complex as a place of residence after substantial completion of the construction or renovation.

1991, c. 67, s. 225; 1994, c. 22, s. 481.

226. Where the construction of an addition to a multiple unit residential complex is substantially completed, the builder of the addition is deemed

(1)  to have made and received, at the latest of the time the construction of the addition is substantially completed, the time possession of the unit referred to in subparagraph a of subparagraph 1 of the second paragraph is given as set out in that subparagraph and the time the unit referred to in subparagraph b of that subparagraph is occupied as set out in that subparagraph, a taxable supply by way of sale of the addition; and

(2)  to have paid as a recipient and to have collected as a supplier, at the latest of those times, tax in respect of the supply calculated on the fair market value of the addition at the latest of those times.

However, the first paragraph applies only where

(1)  the builder of the addition

(a)  gives possession of any residential unit in the addition to a particular person under a lease, licence or similar arrangement entered into for the purpose of its occupation by an individual as a place of residence and the particular person is not a purchaser under an agreement of purchase and sale of the complex, or

(b)  is an individual and occupies any residential unit in the addition as a place of residence;

(2)  the builder, the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy a residential unit in the addition as a place of residence after substantial completion of the construction of the addition.

1991, c. 67, s. 226; 1994, c. 22, s. 482.

227. Sections 223 to 226 do not apply to a builder of a residential complex or an addition to a residential complex where

(1)  the builder is an individual;

(2)  at any time after the construction or renovation of the complex or addition is substantially completed, the complex is used primarily as a place of residence for the individual, an individual related to the individual or a former spouse of the individual;

(3)  the complex is not used primarily for any other purpose between the time the construction or renovation is substantially completed and that time; and

(4)  the individual has not claimed an input tax refund in respect of the acquisition of or an improvement to the complex.

1991, c. 67, s. 227.

228. Sections 223 to 226 do not apply to a builder of a residential complex or an addition to a residential complex where

(1)  the builder is a university, public college or school authority; and

(2)  the construction or renovation of the complex or addition is carried out, or the complex is acquired, primarily for the purpose of providing a place of residence for students attending the university or college or a school of the school authority.

1991, c. 67, s. 228.

228.1. Sections 223 to 226 do not apply to a builder of a residential complex or an addition to a residential complex where

(1)  the builder is a group of individuals in respect of which sections 851.23 to 851.33 of the Taxation Act (chapter I-3) apply; and

(2)  the construction or substantial renovation of the complex or addition is carried out exclusively for the purpose of providing a place of residence for members of the group.

1997, c. 85, s. 550.

229. The supply of a residential complex or a residential unit therein, as a place of residence or lodging, is deemed not to be a supply and the occupation of the residential complex or unit, as a place of residence or lodging, is deemed not to be such an occupation where

(1)  the builder of the residential complex or an addition to the residential complex is a registrant;

(2)  the construction or substantial renovation of the complex or addition is carried out, or the complex is acquired, for the purpose of providing a place of residence or lodging for an individual at a location at which, because of its remoteness from any established community, the individual could not reasonably be expected to establish and maintain a self-contained domestic establishment and at which the individual is required to be

(a)  in the performance of the individual’s duties as an employee of the registrant,

(b)  to render services to the registrant at that location as a contractor, or an employee of the contractor, engaged by the registrant, or

(c)  to render services at that location as a subcontractor, or an employee of the subcontractor, engaged by the contractor referred to in subparagraph b to render services that are acquired by the contractor for the purpose of supplying services to the registrant; and

(3)  the registrant makes, for the purposes of this section, an election in prescribed form containing prescribed information in respect of the residential complex or addition.

The presumptions under the first paragraph apply until the residential complex is supplied by way of sale, or is supplied by way of lease, licence or similar arrangement primarily to persons who are not employees, contractors or subcontractors referred to in subparagraphs a, b and c of subparagraph 2 of the first paragraph who are acquiring the complex or residential units therein in the circumstances described in those subparagraphs or individuals who are related to such employees, contractors or subcontractors.

1991, c. 67, s. 229; 1994, c. 22, s. 483; 1997, c. 85, s. 551.

230. Where the registrant makes an election under subsection 7 of section 191 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the residential complex or addition referred to in section 229, the registrant is deemed to have made an election under subparagraph 3 of the first paragraph of section 229.

1991, c. 67, s. 230; 1994, c. 22, s. 484.

231. For the purposes of sections 223 to 229, the construction or substantial renovation of a multiple unit residential complex or a complex held in co-ownership, or the construction of an addition to a multiple unit residential complex, is deemed to be substantially completed not later than the day all or substantially all of the residential units in the complex or addition are occupied after the construction or substantial renovation is begun.

1991, c. 67, s. 231; 1994, c. 22, s. 484.

231.1. Where a builder of a residential complex or an addition to a multiple unit residential complex makes a supply of the complex or a residential unit in the complex or addition by way of lease, licence or similar arrangement and the supply is an exempt supply under section 99, the builder is deemed, at the time referred to in paragraph 2, to have given possession of the complex or unit to an individual under a lease, licence or similar arrangement entered into for the purpose of its occupancy by an individual as a place of residence if

(1)  the recipient of the supply is acquiring the complex or unit for the purpose of making one or more supplies of the complex, unit or residential units in the complex and those supplies are described in section 98; and

(2)  the builder at any time gives possession of the complex or unit to the recipient under the arrangement.

1994, c. 22, s. 485.

231.2. For the purposes of section 231.3,

“government funding”, in respect of a residential complex, means

(1)  an amount of money, including a forgivable loan but not including any other loan or a refund or rebate of, or credit in respect of, fees, duties or taxes imposed under any Act, paid or payable by either of the following persons to a builder of the residential complex or of an addition thereto for the purpose of making residential units in the complex available to persons referred to in the second paragraph of section 231.3:

(a)  a grantor, or

(b)  an organization that received the amount from a grantor or another organization that received the amount from a grantor;

“grantor” means

(1)  a government or municipality, other than a corporation all or substantially all of whose activities are commercial activities or the supply of financial services or any combination thereof;

(2)  a band within the meaning of section 2 of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5);

(3)  a corporation that is controlled by a government, a municipality or a band referred to in paragraph 2 and one of the main purposes of which is to fund charitable or non-profit activities; and

(4)  a trust, board, commission or other body that is established by a government, municipality, band referred to in paragraph 2 or corporation described in paragraph 3 and one of the main purposes of which is to fund charitable or non-profit activities.

1997, c. 85, s. 552.

231.3. Where a builder of a residential complex or an addition thereto is deemed under any of sections 223 to 226 to have, at a particular time, made and received a supply of the complex or addition and, except where the builder is a government or a municipality, the builder, at or before the particular time, has received or can reasonably expect to receive government funding in respect of the complex, the amount of tax in respect of the supply, calculated on the fair market value of the complex or addition, is deemed for the purposes of sections 223 to 226 to be equal to the greater of

(1)  the amount that would, but for this section, be the tax calculated on that fair market value; and

(2)  the total of all amounts each of which is tax that was payable by the builder in respect of an immovable that forms part of the complex or addition, or an improvement to the immovable.

The first paragraph applies only where at least 10% of the residential units in the complex are intended to be supplied to

(a)  seniors;

(b)  youths;

(c)  students;

(d)  persons with a disability;

(e)  persons in distress or persons in need of assistance;

(f)  individuals whose means or income is the basis of their eligibility for occupancy of the units or for reduced lease payments;

(g)  individuals for whose benefit no other persons other than public sector bodies pay consideration for the supplies of the units and who either pay no consideration for the supplies or pay consideration that is significantly less than the consideration that could reasonably be expected to be paid for comparable supplies made by a person in the business of making such supplies for the purpose of earning a profit; or

(h)  any combination of persons described in any of subparagraphs a to g.

1997, c. 85, s. 552.

232. Where in the course of a business of making supplies of immovables, a person renovates or alters a residential complex of the person and the renovation or alteration is not a substantial renovation, the person is deemed

(1)  to have made and received a taxable supply, at the earlier of the time the renovation is substantially completed and the time ownership of the complex is transferred, for consideration equal to the amount established under the second paragraph; and

(2)  to have paid as a recipient and to have collected as a supplier, at that time, tax in respect of the supply, calculated on the consideration referred to in subparagraph 1.

Subject to section 52, the consideration referred to in subparagraph 1 of the first paragraph is equal to the total of all amounts each of which is an amount in respect of the renovation or alteration, other than the amount of consideration that was paid or payable by the person for a financial service or for any property or service in respect of which the person is required to pay tax, that would be included in determining the adjusted cost base to the person of the complex for the purposes of the Taxation Act (chapter I-3) if the complex were capital property of the person and the person were a taxpayer under that Act.

1991, c. 67, s. 232.

III.  — Sale of immovable

233. Where at a particular time a registrant makes a taxable supply of an immovable by way of sale, the registrant may, notwithstanding sections 203 to 206 and subdivision 5, claim an input tax refund for the reporting period in which tax in respect of the taxable supply became payable or is deemed to have been collected, as the case may be, equal to the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the lesser of

(a)  the basic tax content of the immovable at the particular time, and

(b)  an amount equal to the tax that is or would, but for sections 75.1 and 80, be payable in respect of the taxable supply of the immovable;

(2)  B is the percentage that, immediately before the particular time, the use of the immovable, otherwise than in commercial activities of the registrant, was of the total use of the immovable;

(3)  (subparagraph repealed).

This section does not apply

(1)  to a supply deemed under section 259 or 262 to have been made; or

(2)  to a supply made by a public sector body of an immovable in respect of which an election by the body under sections 272 to 276 is not in effect at the particular time.

1991, c. 67, s. 233; 1994, c. 22, s. 486; 1997, c. 85, s. 553.

234. Except where section 233 applies, where at a particular time a registrant that is a public sector body, other than a financial institution, makes a taxable supply of an immovable by way of sale, other than a supply that is deemed under section 243 or 259 to have been made, and, immediately before the time tax becomes payable in respect of the taxable supply, the immovable was not used by the registrant primarily in commercial activities of the registrant, the registrant may, notwithstanding sections 203 to 206 and subdivision 5, claim an input tax refund for the reporting period in which tax in respect of the taxable supply became payable or is deemed to have been collected, as the case may be, equal to the lesser of

(1)  the basic tax content of the immovable at the particular time; and

(2)  an amount equal to the tax that is or would, but for sections 75.1 and 80, be payable in respect of the taxable supply of the immovable.

1991, c. 67, s. 234; 1994, c. 22, s. 486; 1997, c. 85, s. 554.

234.1. Where, for the purpose of satisfying in whole or in part a debt or obligation owing by a person (in this section referred to as the “debtor”), a creditor exercises a right under an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory, or of the Parliament of Canada or an agreement relating to a debt security to cause the supply of an immovable and, under the Act or the agreement, the debtor has a right to redeem the immovable, the following rules apply:

(1)  the debtor is not entitled to claim an input tax refund under section 233 or 234 in respect of the immovable unless the time limit for redeeming the immovable has expired and the debtor has not exercised the debtor’s right of redemption; and

(2)  where the debtor is entitled to claim the input tax refund, that input tax refund is for the reporting period in which the time limit for redeeming the immovable expires.

1997, c. 85, s. 555.

IV.  — Statement as to use of immovable

235. Where a supplier makes a taxable supply by way of sale of an immovable and incorrectly states or certifies in writing to the recipient of the supply that the supply is an exempt supply described in any of sections 94 to 97.3, 101 and 102, except where the recipient knows or ought to know that the supply is not an exempt supply,

(1)  the tax payable in respect of the supply is deemed to be equal to the amount determined by multiplying the consideration for the supply by 7.5/107.5; and

(2)  the supplier is deemed to have collected, and the recipient is deemed to have paid, that tax on the earlier of

(a)  the day ownership of the immovable was transferred to the recipient; and

(b)  the day possession of the immovable was transferred to the recipient under the agreement for the supply.

1991, c. 67, s. 235; 1994, c. 22, s. 487; 1997, c. 85, s. 556.

236. (Repealed).

1991, c. 67, s. 236; 1995, c. 63, s. 364.

§ 5 . — Capital property

I.  — Interpretation

237. Where a person acquires or brings into Québec prescribed property for use as capital property of the person, the property is deemed to be movable property.

1991, c. 67, s. 237; 1994, c. 22, s. 488.

237.1. Except for the purposes of sections 294 to 297 and 462 to 462.1.1, a residential complex is deemed not to be, at a particular time, capital property of a builder of the complex unless

(1)  at or before the particular time, the construction or substantial renovation of the complex was substantially completed; and

(2)  between the time at which the construction or substantial renovation of the complex was substantially completed and the particular time, the builder received an exempt supply of the complex or was deemed under sections 223 to 225 to have received a taxable supply of the complex.

1994, c. 22, s. 489; 1995, c. 63, s. 365.

237.2. Except for the purposes of sections 294 to 297 and 462 to 462.1.1, an addition to a multiple unit residential complex is deemed not to be, at a particular time, capital property of a builder of the addition unless

(1)  at or before the particular time, the construction of the addition was substantially completed; and

(2)  between the time at which the construction of the addition was substantially completed and the particular time, the builder received an exempt supply of the complex or was deemed under section 226 to have received a taxable supply of the addition.

1994, c. 22, s. 489; 1995, c. 63, s. 366.

237.3. Except for the purposes of sections 17 and 81, a bringing into Québec of property shall not be considered in determining the last acquisition or bringing in of the property

(1)  where tax under section 17 was not paid on the property in respect of that bringing into Québec because the property was described in paragraph 1, 2 or 10 of section 81 or the property was described in paragraph 9 of that section and was classified under heading 98.13 or 98.14 of Schedule I to the Customs Tariff (Revised Statutes of Canada, 1985, chapter 41, 3rd Supplement), or would have been so classified but for paragraph a of Note 11 to Chapter 98 of that Schedule;

(2)  where tax under section 17 on the property in respect of that bringing into Québec was calculated on a value determined under sections 17R1 to 17R7 and 17R9 to 17R11 of the Regulation respecting the Québec sales tax (O.C. 1607-92), other than a prescribed section of that regulation; or

(3)  in prescribed circumstances.

1994, c. 22, s. 489.

237.4. For the purpose of determining the last acquisition or bringing into Québec of property, this Title is deemed to have been in force at all times before 1 July 1992.

1994, c. 22, s. 489.

238. Where a person at any time acquires, brings into Québec or appropriates property for use as capital property of the person to a particular extent in a particular way, the person is deemed to use the property immediately after that time to the particular extent in the particular way.

1991, c. 67, s. 238; 1994, c. 22, s. 490.

238.0.1. Where a person brings into Québec property that is capital property of the person and the person was using the property to a particular extent in a particular way immediately after the property or a portion thereof was last acquired or imported into Canada by the person, the person is deemed to bring the property into Québec for use to the particular extent in the particular way.

1997, c. 85, s. 557.

238.1. Where a registrant, at a particular time, appropriates property of the registrant for use as capital property of the registrant or in improving capital property of the registrant and, immediately before the particular time, the property was not capital property of the registrant or an improvement to capital property of the registrant, the following rules apply:

(1)  the registrant is deemed

(a)  to have made, immediately before the particular time, a supply of the property by way of sale, and

(b)  to have collected, at the particular time, tax in respect of the supply calculated on the fair market value of the property at the particular time where the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant; and

(2)  the registrant is deemed to have received, at the particular time, a supply of the property by way of sale and to have paid, at the particular time, tax in respect of the supply equal to

(a)  where the supply is not an exempt supply and the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant, tax calculated on the fair market value of the property at the particular time, and

(b)   in any other case, the basic tax content of the property at the particular time.

1994, c. 22, s. 491; 1997, c. 85, s. 558.

239. For the purposes of sections 256, 257, 259, 262, 264 and 265, where in any period beginning on the later of

(1)  the day a registrant last acquired or brought into Québec property for use as capital property of the registrant, and

(2)  the day section 257, 259, 262 or 265 was last applicable in respect of the property,

and ending at any time after that day, the extent to which the registrant changes the use of the property in commercial activities of the registrant is less than 10% of the total use of the property, the registrant is deemed to have used the property throughout that period to the same extent and in the same way as the registrant used the property at the beginning of that period.

The first paragraph does not apply where the registrant is an individual who began in that period to use the property primarily for the personal use and enjoyment of the individual or a related individual.

1991, c. 67, s. 239; 1993, c. 19, s. 193; 1994, c. 22, s. 492.

239.1. (Repealed).

1994, c. 22, s. 493; 1997, c. 85, s. 559.

239.2. (Repealed).

1994, c. 22, s. 493; 1995, c. 1, s. 283; 1997, c. 85, s. 559.

II.  — Movable property

1.  — General provisions

240. Where a registrant acquires or brings into Québec movable property for use as capital property in commercial activities of the registrant, the following rules apply:

(1)  the tax payable by the registrant in respect of the acquisition or the bringing into Québec by the registrant of the property shall not be included in determining an input tax refund of the registrant for any reporting period unless the property was acquired or brought into Québec for use primarily in commercial activities of the registrant; and

(2)  where the registrant acquires or brings the property for use primarily in commercial activities of the registrant, the registrant is deemed to have acquired or brought the property for use exclusively in commercial activities of the registrant.

1991, c. 67, s. 240; 1997, c. 85, s. 560.

241. Where a registrant acquires or brings into Québec an improvement to movable property that is capital property of the registrant, tax payable by the registrant in respect of the acquisition or bringing into Québec of the improvement shall not be included in determining an input tax refund of the registrant unless, at the time that tax becomes payable or is paid without having become payable, the capital property is used primarily in commercial activities of the registrant.

1991, c. 67, s. 241; 1993, c. 19, s. 194; 1994, c. 22, s. 494; 1995, c. 63, s. 367.

242. Where a registrant last acquired or brought into Québec movable property for use as capital property of the registrant but not for use primarily in commercial activities of the registrant and the registrant begins, at any time, to use the property as capital property primarily in commercial activities of the registrant, except where the registrant becomes a registrant at that time, the registrant is deemed

(1)  to have received, at that time, a supply of the property by way of sale; and

(2)  except where the supply is an exempt supply, to have paid, at that time, tax in respect of the supply equal to the basic tax content of the property at that time.

1991, c. 67, s. 242; 1994, c. 22, s. 495; 1997, c. 85, s. 561.

243. Where a registrant last acquired or brought into Québec property for use as capital property primarily in commercial activities of the registrant and the registrant begins, at any time, to use the property primarily for other purposes, the following rules apply:

(1)  the registrant is deemed, immediately before that time, to have made a supply of the property by way of sale and to have collected, at that time, tax in respect of the supply equal to the basic tax content of the property at that time; and

(2)  the registrant is deemed to have received, at that time, a supply of the property by way of sale and to have paid, at that time, tax in respect of the supply equal to the basic tax content of the property at that time.

1991, c. 67, s. 243; 1993, c. 19, s. 195; 1994, c. 22, s. 496; 1995, c. 63, s. 368; 1997, c. 85, s. 562.

243.1. (Repealed).

1993, c. 19, s. 196; 1995, c. 63, s. 369.

244. Notwithstanding section 42.1, where a registrant makes a supply by way of sale of movable property that is capital property of the registrant and, before the earlier of the time ownership of the property is transferred to the recipient of the supply and the time possession of the property is transferred to the recipient under the agreement for the supply, the registrant was last using the property otherwise than primarily in commercial activities of the registrant, the supply is deemed to be made in the course of activities of the registrant that are not commercial activities.

1991, c. 67, s. 244; 1993, c. 19, s. 197; 1994, c. 22, s. 497; 1995, c. 63, s. 370.

244.1. Notwithstanding sections 42.2 and 244, where a government, other than a prescribed mandatary of the Government, makes a supply by way of sale of movable property that is capital property of the government, the supply is deemed to have been made in the course of commercial activities of the government.

1994, c. 22, s. 498.

245. For the purposes of sections 240 and 242 to 244, where an individual who is a registrant uses a musical instrument as capital property of the individual in an employment of the individual or in a business carried on by a partnership of which the individual is a member, that use is deemed to be use in commercial activities of the individual.

1991, c. 67, s. 245; 1997, c. 85, s. 563.

246. Sections 240 to 245 do not apply in respect of

(1)  property of a prescribed registrant; or

(2)  a passenger vehicle or an aircraft of a registrant who is an individual or a partnership;

(3)  (paragraph repealed).

1991, c. 67, s. 246; 1993, c. 19, s. 198; 1995, c. 63, s. 371.

2.  — Passenger vehicle

247. For the purpose of determining an input tax refund of a registrant in respect of a passenger vehicle that the registrant at a particular time acquired or brought into Québec for use as capital property in commercial activities of the registrant, the tax payable by the registrant in respect of the acquisition or bringing into Québec of the vehicle is deemed to be the lesser of

(1)  an amount equal to the tax payable by the registrant in respect of the acquisition or bringing into Québec of the vehicle; and

(2)  the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the tax that would be payable by the registrant in respect of the vehicle if the registrant acquired the vehicle at the particular time for consideration equal to the amount deemed under paragraph d.3 or d.4 of section 99 of the Taxation Act (chapter I-3) to be, for the purposes of that section, the capital cost to a taxpayer of a passenger vehicle to which that paragraph applies; and

(2)  B is

(a)  where the registrant is deemed under section 242, 256 or 257 to have acquired the vehicle or a portion thereof at the particular time and the registrant was previously entitled to claim a rebate under sections 383 to 397 in respect of the vehicle or any improvement to it, the difference between 100% and the percentage prescribed in section 386 that applied in determining the amount of the rebate, and

(b)  in any other case, 100%.

1991, c. 67, s. 247; 1994, c. 22, s. 499; 1997, c. 85, s. 564.

248. Where the consideration paid or payable by a registrant for an improvement to a passenger vehicle of the registrant increases the cost to the registrant of the vehicle to an amount that exceeds the amount deemed under paragraph d.3 or d.4 of section 99 of the Taxation Act (chapter I-3) to be, for the purposes of that section, the capital cost to a taxpayer of a passenger vehicle in respect of which that paragraph applies, the tax calculated on that excess shall not be included in determining an input tax refund of the registrant for any reporting period of the registrant.

1991, c. 67, s. 248.

249. Where a registrant, at any time in a reporting period of the registrant, makes a taxable supply by way of sale of a passenger vehicle that, immediately before that time, was used as capital property in commercial activities of the registrant, the registrant may, notwithstanding sections 203 to 206, paragraph 1 of section 240 and sections 241 and 248, claim an input tax refund for that period equal to the amount determined by the formula

A × [(B − C) / B].

For the purposes of this formula,

(1)  A is the basic tax content of the vehicle at that time;

(2)  B is the total of the tax that was payable by the registrant in respect of the last acquisition or bringing into Québec of the vehicle by the registrant and the tax that was payable by the registrant in respect of improvements to the vehicle acquired or brought into Québec by the registrant after the property was last so acquired or brought into Québec; and

(3)  C is the total of all input tax refunds that the registrant was entitled to claim in respect of any tax included in the total referred to in subparagraph 2.

1991, c. 67, s. 249; 1993, c. 19, s. 199; 1994, c. 22, s. 500; 1995, c. 63, s. 372; 1997, c. 85, s. 565.

3.  — Passenger vehicle or aircraft of an individual or partnership

250. Where a registrant who is an individual or a partnership acquires or brings into Québec a passenger vehicle or an aircraft for use as capital property of the registrant, the tax payable by the registrant in respect of the acquisition or bringing into Québec of the vehicle or aircraft shall not be included in determining an input tax refund of the registrant unless the vehicle or aircraft was acquired or brought into Québec by the registrant for use exclusively in commercial activities of the registrant.

This section does not apply in respect of tax deemed under section 252 to have been paid by the registrant.

1991, c. 67, s. 250; 1994, c. 22, s. 501; 1997, c. 85, s. 566.

251. Where a registrant who is an individual or a partnership acquires or brings into Québec an improvement to a passenger vehicle or an aircraft that is capital property of the registrant, the tax payable by the registrant in respect of the improvement shall not be included in determining an input tax refund of the registrant unless, throughout the period beginning on the later of the day the vehicle or aircraft was originally acquired or brought into Québec by the registrant and the day the individual or partnership becomes a registrant, and ending on the day tax in respect of the improvement becomes payable or is paid without having become payable, the vehicle or aircraft was used exclusively in commercial activities of the registrant.

1991, c. 67, s. 251; 1993, c. 19, s. 200; 1994, c. 22, s. 502; 1995, c. 63, s. 373.

252. Notwithstanding sections 250 and 251, for the purpose of determining an input tax refund of a registrant who is an individual or a partnership, where the registrant at a particular time acquires or brings into Québec a passenger vehicle or an aircraft for use as capital property of the registrant but not for use exclusively in commercial activities of the registrant and tax is payable by the registrant in respect of the acquisition or bringing into Québec, the following rules apply:

(1)  the registrant is deemed to have acquired the vehicle or aircraft on the last day of each taxation year of the registrant ending after that time; and

(2)  the registrant is deemed to have paid, at that time, tax in respect of the acquisition or bringing into Québec of the vehicle or aircraft equal to the amount determined by multiplying the following amount by 7.5/107.5:

(a)  where an amount in respect of the vehicle or aircraft is required by section 41 or 111 of the Taxation Act (chapter I-3) to be included in computing the income of an individual for a taxation year of the individual ending in that taxation year of the registrant, nil, and

(b)  in any other case, the part or amount, prescribed under the Taxation Act, of the capital cost of the vehicle or aircraft that was deducted under that Act in computing the income of the registrant from those commercial activities for that taxation year of the registrant.

1991, c. 67, s. 252; 1993, c. 19, s. 201; 1994, c. 22, s. 503; 1995, c. 63, s. 374; 1997, c. 85, s. 567.

253. Where a registrant who is an individual or a partnership acquired or brought into Québec a passenger vehicle or an aircraft for use as capital property exclusively in commercial activities of the registrant and the registrant begins, at any time, to use the vehicle or aircraft otherwise than exclusively in commercial activities of the registrant, the following rules apply:

(1)  the registrant is deemed to have made, immediately before that time, a taxable supply by way of sale of the vehicle or aircraft; and

(2)  the registrant is deemed to have collected, at that time, tax in respect of the supply equal to the basic tax content of the vehicle or aircraft immediately before that time.

1991, c. 67, s. 253; 1993, c. 19, s. 202; 1994, c. 22, s. 504; 1995, c. 63, s. 375; 1997, c. 85, s. 568.

253.1. (Repealed).

1993, c. 19, s. 203; 1995, c. 63, s. 376.

254. For the purposes of section 252, where at any time a registrant is deemed under section 253 to have made a taxable supply of a passenger vehicle or aircraft, the following rules apply:

(1)  the registrant is deemed to have acquired the vehicle or aircraft at that time; and

(2)  tax is deemed to be payable at that time by the registrant in respect of the acquisition of the vehicle or aircraft.

1991, c. 67, s. 254.

255. Notwithstanding section 42.1 and subject to section 20.1, where a registrant who is an individual or a partnership makes, at a particular time, a supply by way of sale of a passenger vehicle or an aircraft that is capital property of the registrant, and at any time after the individual or partnership became a registrant and before the particular time, the registrant did not use the vehicle or aircraft exclusively in commercial activities of the registrant, the supply is deemed not to be a taxable supply, except where, in the case of a passenger vehicle, the vehicle is a road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the recipient of the supply.

1991, c. 67, s. 255; 1993, c. 19, s. 204; 1994, c. 22, s. 505; 1995, c. 63, s. 377.

III.  — Immovable

1.  — General provisions

256. Where a registrant last acquired an immovable for use as capital property of the registrant but not for use in commercial activities of the registrant and the registrant begins, at a particular time, to use the immovable as capital property in commercial activities of the registrant, except where the registrant becomes a registrant at the particular time, the registrant is deemed

(1)  to have received, at the particular time, a supply of the immovable by way of sale; and

(2)  except where the supply is an exempt supply, to have paid, at the particular time, tax in respect of the supply equal to the basic tax content of the immovable at the particular time.

1991, c. 67, s. 256; 1994, c. 22, s. 505; 1997, c. 85, s. 569.

257. Where a registrant last acquired an immovable for use as capital property in commercial activities of the registrant and the registrant increases, at a particular time, the extent to which the immovable is used in commercial activities of the registrant, for the purpose of determining an input tax refund of the registrant, the registrant is deemed

(1)  to have received, immediately before the particular time, a supply of a portion of the immovable for use as capital property exclusively in commercial activities of the registrant; and

(2)  except where the supply is an exempt supply, to have paid, at the particular time, tax in respect of the supply equal to the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the basic tax content of the immovable at the particular time; and

(2)  B is the extent, expressed as a percentage of the total use of the immovable by the registrant at the particular time, to which the registrant increased the use of the immovable in commercial activities of the registrant at the particular time;

(3)  (subparagraph repealed).

1991, c. 67, s. 257; 1994, c. 22, s. 505; 1997, c. 85, s. 570.

258. Where a registrant last acquired an immovable for use as capital property in commercial activities of the registrant and the registrant begins, at a particular time, to use the immovable exclusively for other purposes, the registrant is deemed

(1)  to have made, immediately before the particular time, a supply of the immovable by way of sale and, except where the supply is an exempt supply, to have collected, at the particular time, tax in respect of the supply equal to the basic tax content of the immovable at the particular time; and

(2)  to have received, at the particular time, a supply of the immovable by way of sale and, except where the supply is an exempt supply, to have paid, at the particular time, tax in respect of the supply equal to the amount determined under subparagraph 1.

1991, c. 67, s. 258; 1994, c. 22, s. 505; 1997, c. 85, s. 571.

259. Except where section 258 applies, where a registrant last acquired an immovable for use as capital property in commercial activities of the registrant and the registrant reduces, at a particular time, the extent to which the immovable is used in commercial activities of the registrant, for the purpose of determining the net tax of the registrant for the reporting period of the registrant that includes the particular time, the registrant is deemed

(1)  to have made a supply of a portion of the immovable immediately before the particular time; and

(2)  except where the supply is an exempt supply, to have collected, at the particular time, tax in respect of the supply equal to the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the basic tax content of the immovable at the particular time; and

(2)  B is the extent, expressed as a percentage of the total use of the immovable by the registrant at the particular time, to which the registrant reduced the use of the immovable in commercial activities of the registrant at the particular time;

(3)  (subparagraph repealed).

1991, c. 67, s. 259; 1994, c. 22, s. 505; 1997, c. 85, s. 572.

260. Subject to section 272, sections 256 to 259 do not apply in respect of property acquired by a registrant who is an individual, a public sector body or a prescribed registrant.

1991, c. 67, s. 260.

2.  — Individual

261. Where an individual who is a registrant last acquired an immovable for use as capital property in commercial activities of the individual, and not primarily for the personal use and enjoyment of the individual or a related individual, and the individual begins, at a particular time, to use the immovable exclusively for other purposes, or primarily for the personal use and enjoyment of the individual or a related individual, the individual is deemed

(1)  to have made, immediately before the particular time, a supply of the immovable by way of sale and, except where the supply is an exempt supply, to have collected, at the particular time, tax in respect of the supply equal to the amount determined by the formula

A − B;

(2)  to have received, at the particular time, a supply of the immovable by way of sale and, except where the supply is an exempt supply, to have paid, at the particular time, tax in respect of the supply equal to the amount determined under subparagraph 1.

For the purposes of the formula in subparagraph 1 of the first paragraph,

(1)  A is the basic tax content of the immovable at the particular time; and

(2)  B is the tax, if any, that the individual is deemed under section 221 or sections 222.1 to 222.3 to have collected at the particular time in respect of the immovable;

(3)  (subparagraph repealed);

(4)  (subparagraph repealed).

1991, c. 67, s. 261; 1994, c. 22, s. 506; 1997, c. 85, s. 573.

262. Except where section 261 applies, where an individual who is a registrant last acquired an immovable for use as capital property in commercial activities of the individual, and not primarily for the personal use and enjoyment of the individual or a related individual, and the individual reduces, at a particular time, the extent to which the immovable is used in commercial activities of the individual without beginning to use the immovable primarily for the personal use and enjoyment of the individual or a related individual, for the purposes of determining the net tax of the individual, the individual is deemed

(1)  to have made, immediately before the particular time, a supply by way of sale of a portion of the immovable; and

(2)  except where the supply is an exempt supply, to have collected, at the particular time, tax in respect of the supply equal to the amount determined by the formula

(A × B) − C.

For the purposes of this formula,

(1)  A is the basic tax content of the immovable at the particular time;

(2)  B is the extent, expressed as a percentage of the total use of the immovable by the individual at the particular time, to which the individual reduced the use of the immovable in commercial activities of the individual at the particular time; and

(3)  C is the tax, if any, that the individual is deemed under section 221 or sections 222.1 to 222.3 to have collected at the particular time in respect of the immovable.

1991, c. 67, s. 262; 1994, c. 22, s. 506; 1997, c. 85, s. 574.

263. Subject to sections 264 to 266, where an individual who is a registrant acquires an immovable for use as capital property of the individual but primarily for the personal use and enjoyment of the individual or a related individual, the tax payable by the individual in respect of the acquisition of the immovable shall not be included in determining an input tax refund of the individual.

1991, c. 67, s. 263; 1994, c. 22, s. 506.

264. Where an individual who is a registrant last acquired an immovable for use as capital property of the individual and primarily for the personal use and enjoyment of the individual or a related individual or for use otherwise than in commercial activities of the individual, and the individual begins, at a particular time, to use the immovable as capital property in commercial activities of the individual and not primarily for the personal use and enjoyment of the individual or a related individual, the individual is deemed

(1)  to have received, at the particular time, a supply by way of sale of the immovable; and

(2)  except where the supply is an exempt supply, to have paid, at the particular time, tax in respect of the supply equal to the basic tax content of the immovable at the particular time.

1991, c. 67, s. 264; 1994, c. 22, s. 506; 1997, c. 85, s. 575.

265. Where an individual who is a registrant last acquired an immovable for use as capital property in commercial activities of the individual and not primarily for the personal use and enjoyment of the individual or a related individual, and the individual increases, at a particular time, the extent to which the immovable is used in commercial activities of the individual without beginning to use the immovable primarily for the personal use and enjoyment of the individual or a related individual, for the purposes of determining an input tax refund of the individual, the individual is deemed

(1)  to have received, at the particular time, a supply by way of sale of a portion of the immovable for use as capital property exclusively in commercial activities of the individual; and

(2)  except where the supply is an exempt supply, to have paid, at the particular time, tax in respect of the supply equal to the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the basic tax content of the immovable at the particular time; and

(2)  B is the extent, expressed as a percentage of the total use of the immovable by the individual at the particular time, to which the individual increased the use of the immovable in commercial activities of the individual at the particular time.

1991, c. 67, s. 265; 1994, c. 22, s. 506; 1997, c. 85, s. 576.

266. Where an individual who is a registrant brings into Québec or acquires an improvement to an immovable that is capital property of the individual, the tax payable by the individual in respect of the improvement shall not be included in determining an input tax refund of the individual if, at the time that tax becomes payable or is paid without having become payable, the immovable is primarily for the personal use and enjoyment of the individual or a related individual.

1991, c. 67, s. 266; 1994, c. 22, s. 506.

3.  — Public sector body

267. Where a registrant is a public sector body, other than a government, or a prescribed mandatary of the Government, sections 240 to 244.1 apply, with the necessary modifications, to an immovable acquired by the registrant for use as capital property of the registrant, and to improvements to an immovable that is capital property of the registrant, as if the immovable were movable property.

1991, c. 67, s. 267; 1994, c. 22, s. 506; 1997, c. 3, s. 135.

268. Notwithstanding section 267, section 244 does not apply to

(1)  a supply of a residential complex or an interest therein made by way of sale by a public service body; or

(2)  a supply of an immovable made by way of sale by a public service body to an individual.

1991, c. 67, s. 268; 1994, c. 22, s. 506.

269. (Repealed).

1991, c. 67, s. 269; 1994, c. 22, s. 507.

270. (Repealed).

1991, c. 67, s. 270; 1994, c. 22, s. 507.

4.  — Public service body

271. (Repealed).

1991, c. 67, s. 271; 1994, c. 22, s. 507.

272. Where a public service body files an election under this section in respect of an immovable described in the second paragraph, throughout the period the election is in effect, sections 233 and 256 to 260 apply, and sections 267 and 268 do not apply to the immovable.

The immovable referred to in the first paragraph is

(1)  an immovable that is capital property of the body;

(2)  an immovable of the body that is held by the body in inventory for the purpose of supply; or

(3)  an immovable acquired by the body by way of lease, licence or similar arrangement for the purpose of making a supply of the immovable by way of lease, licence or similar arrangement or making a supply of the arrangement by way of assignment.

1991, c. 67, s. 272; 1994, c. 22, s. 508.

273. Where a public service body has filed an election under section 272 that takes effect on a particular day in respect of an immovable described in subparagraph 1 or 2 of the second paragraph of the said section and the body does not acquire the immovable on that day or become a registrant on that day, the body is deemed

(1)  to have made, immediately before the particular day, a taxable supply of the immovable by way of sale and to have collected, on the particular day, tax in respect of the supply equal to the basic tax content of the immovable on the particular day; and

(2)  to have received, on the particular day, a taxable supply of the immovable by way of sale and to have paid, on the particular day, tax in respect of the supply equal to the amount determined under paragraph 1.

1991, c. 67, s. 273; 1994, c. 22, s. 508; 1997, c. 85, s. 577.

274. An election under section 272 in respect of an immovable of a public service body is effective for the period beginning on the day specified in the election and ending on the day that the body specifies in a notice of revocation of the election filed under section 276.

1991, c. 67, s. 274.

275. Where an election made under section 272 by a public service body in respect of an immovable described in subparagraph 1 or 2 of the second paragraph of the said section is revoked and ceases to be effective on a particular day and the body does not cease to be a registrant on that day, the body is deemed

(1)  to have made, immediately before that day, a taxable supply of the immovable by way of sale and to have collected, on that day, tax in respect of the supply calculated on the fair market value of the immovable on that day; and

(2)  to have received, on that day, a taxable supply of the immovable by way of sale and to have paid, on that day, tax in respect of the supply calculated on the fair market value of the immovable on that day.

1991, c. 67, s. 275; 1994, c. 22, s. 509.

276. An election made under section 272 by a public service body and a notice of revocation of such an election shall

(1)  be made in prescribed form containing prescribed information;

(2)  specify the immovable in respect of which the election or notice applies and the day the election becomes effective or, in the case of a notice of revocation, ceases to be effective; and

(3)  be filed with and as prescribed by the Minister within one month after the end of the reporting period of the body in which the election becomes effective or, in the case of a notice of revocation, ceases to be effective.

1991, c. 67, s. 276.

§ 6 . — Bets and games of chance

277. Where a commercial activity of a registrant, other than a registrant to whom section 279 applies, consists of taking bets or conducting games of chance and, in the course of that activity, the registrant pays an amount of money in a reporting period as a prize or winnings to a bettor or a person playing or participating in the games, the following rules apply for the purpose of determining an input tax refund of the registrant:

(1)  the registrant is deemed to have received in the reporting period a taxable supply of a service for use exclusively in the activity;

(2)  the registrant is deemed to have paid, in that period, tax in respect of the supply equal to the tax fraction of the amount of money paid as the prize or winnings.

1991, c. 67, s. 277.

278. Where, in the course of an activity that involves the organization, promotion, hosting or other staging of a competitive event, a person gives a prize to a competitor in the event, the following rules apply:

(1)  the giving of the prize is deemed not to be a supply;

(2)  the prize is deemed not to be consideration for a supply by the competitor to the person; and

(3)  tax payable by the person in respect of any property given as the prize shall not be included in determining any input tax refund of the person for any reporting period.

1991, c. 67, s. 278; 1995, c. 63, s. 378.

279. Where a registrant is a prescribed registrant at any time in a reporting period, the registrant’s net tax for the period shall be determined in prescribed manner.

1991, c. 67, s. 279; 1993, c. 19, s. 205; 1994, c. 22, s. 510.

§ 7 . — Financial service

280. Where an insurer who is a registrant acquires or brings into Québec property intended to replace other property that is the subject of a claim to be settled by the registrant under an insurance policy, or property or a service relating to the repair of the other property, the following rules apply:

(1)  the settlement of the claim is deemed not to be a supply;

(2)  no amount in respect of the tax payable by the insurer in respect of the acquisition or bringing into Québec of the property or service shall be included in determining an input tax refund of the insurer.

1991, c. 67, s. 280.

281. Where a registrant who provides financial services acquires or brings into Québec property or a non-financial service intended to be supplied to a consumer with or by reason of the supply to the consumer of a financial service and where the acquisition or bringing into Québec is made by the registrant solely for the purpose of enabling the consumer to avoid paying the tax or part of the tax which would be payable by the consumer were the property or service supplied otherwise than with or by reason of the supply of the financial service, the following rules apply:

(1)  the supply of the property or non-financial service to the consumer is deemed not to be a supply;

(2)  no amount in respect of the tax payable by the registrant in respect of the acquisition or bringing into Québec of the property or non-financial service shall be included in determining an input tax refund of the registrant.

1991, c. 67, s. 281.

§ 8 . —

Repealed, 1997, c. 85, s. 578.

1997, c. 85, s. 578.

282. (Repealed).

1991, c. 67, s. 282; 1997, c. 85, s. 578.

§ 9 . —

Repealed, 1995, c. 1, s. 285.

1995, c. 1, s. 285.

283. (Repealed).

1991, c. 67, s. 283; 1995, c. 1, s. 285.

284. (Repealed).

1991, c. 67, s. 284; 1995, c. 1, s. 285.

CHAPTER VI SPECIAL CASES

DIVISION I CHANGE IN USE

285. Where a registrant who is an individual and who has, in the course of commercial activities of the registrant, acquired, manufactured or produced any property, other than capital property of the registrant, or acquired or performed any service, appropriates the property or service, at any time, for the personal consumption, use or enjoyment of the registrant or another individual related to the registrant, the following rules apply:

(1)  the registrant is deemed to have made a supply of the property or service for consideration paid at that time equal to the fair market value of the property or service at that time; and

(2)  except where the supply is an exempt supply, the registrant is deemed to have collected, at that time, tax in respect of the supply, calculated on that consideration.

1991, c. 67, s. 285.

286. Where at any time a registrant that is a corporation, trust, partnership, charity, public institution or non-profit organization appropriates any property, other than capital property of the registrant, that was acquired, manufactured or produced, or any service acquired or performed, in the course of commercial activities of the registrant, to or for the benefit of a shareholder, partner, beneficiary or member of the registrant or any individual related to such a shareholder, partner, beneficiary or member, in any manner whatever, otherwise than by way of a supply made for consideration equal to the fair market value of the property or service, the following rules apply:

(1)  the registrant is deemed to have made a supply of the property or service for consideration paid at that time equal to the fair market value of the property or service at that time; and

(2)  except where the supply is an exempt supply, the registrant is deemed to have collected, at that time, tax in respect of the supply, calculated on that consideration.

1991, c. 67, s. 286; 1995, c. 63, s. 379; 1997, c. 85, s. 579.

287. Sections 285 and 286 do not apply to property or a service appropriated by a registrant to or for the benefit of a person where

(1)  the registrant was, by reason of section 203, 205 or 206, not entitled to claim an input tax refund in respect of the last acquisition or bringing into Québec of the property or service by the registrant; or

(2)  Division II applies to the property or service so appropriated for the purpose of making it available to the person.

1991, c. 67, s. 287; 1993, c. 19, s. 206; 1994, c. 22, s. 511; 1995, c. 63, s. 380.

288. (Repealed).

1991, c. 67, s. 288; 1993, c. 19, s. 207; 1994, c. 22, s. 512.

288.1. (Repealed).

1993, c. 19, s. 208; 1995, c. 1, s. 286; 1995, c. 63, s. 381.

288.2. (Repealed).

1993, c. 19, s. 208; 1995, c. 1, s. 287; 1995, c. 63, s. 381.

289. (Repealed).

1991, c. 67, s. 289; 1995, c. 63, s. 381.

289.1. (Repealed).

1993, c. 19, s. 209; 1995, c. 63, s. 381.

DIVISION II BENEFIT

290. Where a registrant makes a supply, other than an exempt or zero-rated supply, to an individual or a person related to the individual of property or a service, and an amount (in this paragraph referred to as the “benefit amount”) in respect of the supply is required by section 37, 41, 41.1.1, 41.1.2 or 111 of the Taxation Act (chapter I-3) to be included in computing the individual’s income for a taxation year of the individual, or the supply relates to the use or operation of an automobile and an amount (in this paragraph referred to as a “reimbursement”) is paid by the individual or a person related to the individual that reduces the amount in respect of the supply that would otherwise be required under section 41, 41.1.1, 41.1.2 or 111 of the Taxation Act to be so included, the following rules apply:

(1)  in the case of a supply of property otherwise than by way of sale, the use made by the registrant in so providing the property to the individual or person related to the individual is deemed to be use in commercial activities of the registrant and, to the extent that the registrant acquired the property or brought the property into Québec for the purpose of making that supply, the registrant is deemed to have so acquired the property or brought the property into Québec for use in commercial activities of the registrant; and

(2)  for the purpose of determining the net tax of the registrant,

(a)  the total of the benefit amount and all reimbursements is deemed to be the total consideration payable in respect of the provision during the year of the property or service to the individual or person related to the individual,

(b)  the tax calculated on the total consideration is deemed to be equal to

i.  where the benefit amount is an amount that is or would, if the individual were an employee of the registrant and no reimbursements were paid, be required under section 41.1.1 or 41.1.2 of the Taxation Act to be included in computing the individual’s income, the prescribed percentage of the total consideration,

ii.  where the benefit amount is required under section 37 or 41 of the Taxation Act to be included in computing the individual’s income from an office or employment and the last establishment of the employer at which the individual ordinarily worked or to which the individual ordinarily reported in the year in relation to that office or employment is located in Québec, the amount determined by multiplying the total consideration by 7.5/107.5, and

iii.  where the benefit amount is required under section 111 of the Taxation Act to be included in computing the individual’s income and the individual is resident in Québec at the end of the year, the amount determined by multiplying the total consideration by 7.5/107.5, and

(c)   that tax is deemed to have become collectible, and to have been collected, by the registrant

i.  except where subparagraph ii applies, on the last day of February of the year following the taxation year, and

ii.  where the benefit amount is or would, if no reimbursements were paid, be required under section 111 of the Taxation Act to be included in computing the individual’s income and relates to the provision of the property or service in a taxation year of the registrant, on the last day of that taxation year.

This section does not apply where the registrant is, by reason of section 203, 205 or 206, not entitled to include, in determining an input tax refund, an amount in respect of the tax payable by the registrant in respect of the last acquisition or bringing into Québec of the property or service.

1991, c. 67, s. 290; 1993, c. 19, s. 210; 1994, c. 22, s. 513; 1995, c. 63, s. 382; 1997, c. 85, s. 580.

291. (Repealed).

1991, c. 67, s. 291; 1994, c. 22, s. 514.

292. Subparagraph 2 of the first paragraph of section 290 does not apply in respect of property where

(1)  the registrant is an individual or a partnership and the property is a passenger vehicle or an aircraft of the registrant that is not used by the registrant exclusively in commercial activities of the registrant;

(2)  the registrant is not an individual or a partnership and the property is a passenger vehicle or an aircraft of the registrant that is not used by the registrant primarily in commercial activities of the registrant; or

(3)  an election made by the registrant under section 293 in respect of the property is in effect at the beginning of the taxation year;

(4)  (paragraph repealed).

1991, c. 67, s. 292; 1993, c. 19, s. 211; 1994, c. 22, s. 515; 1995, c. 63, s. 383; 1997, c. 85, s. 581.

293. Where in a reporting period of a registrant, the registrant acquires a passenger vehicle or an aircraft by way of lease for use otherwise than primarily in commercial activities of the registrant or the registrant uses, otherwise than primarily in commercial activities of the registrant, a passenger vehicle or an aircraft that was last acquired by the registrant by way of lease, the registrant may make an election in respect of the vehicle or aircraft to take effect on the first day of that reporting period of the registrant, in which event the following rules apply:

(1)  notwithstanding subparagraph 1 of the first paragraph of section 290, the registrant is deemed to have begun, on that day, to use the property exclusively in activities of the registrant that are not commercial activities and, as soon as the election becomes effective and until the registrant ceases to lease the property, the registrant is deemed to use it exclusively in activities other than commercial activities of the registrant;

(2)  where the property was last supplied to the registrant by way of lease,

(a)  there shall not be included, in determining an input tax refund claimed by the registrant in the return under section 468 for the particular or any subsequent reporting period, tax calculated on consideration, or a part thereof, for that supply that is reasonably attributable to a reporting period after the day the election becomes effective, and

(b)  where an amount in respect of any tax referred to in subparagraph a was included in determining an input tax refund claimed by the registrant in a return under section 468 for a reporting period ending before the particular reporting period, that amount shall be added in determining the net tax of the registrant for the particular reporting period;

(3)  there shall not be included, in determining an input tax refund claimed by the registrant in a return under section 468 for that or any subsequent reporting period, tax calculated on an amount of consideration, or a value within the meaning of section 17, that may reasonably be attributed to

(a)  any property that is acquired or brought into Québec for consumption or use in operating the vehicle or aircraft in respect of which the election is made and that is, or is to be, consumed or used after that day,

(b)  that portion of any service relating to the operation of that vehicle or aircraft that is, or is to be, rendered after that day; and

(4)  where an amount in respect of any tax referred to in paragraph 3 was included in determining an input tax refund claimed by the registrant in a return under section 468 for a reporting period ending before that reporting period, that amount shall be added in determining the net tax of the registrant for that reporting period.

Any election under the first paragraph shall be made in prescribed form containing prescribed information.

1991, c. 67, s. 293; 1994, c. 22, s. 516; 1997, c. 85, s. 582.

DIVISION III SMALL SUPPLIER

294. A person is a small supplier throughout a particular calendar quarter and the first month immediately following the particular calendar quarter if the total referred to in paragraph 1 does not exceed the sum of the total referred to in paragraph 2 and $30,000 or, where the person is a public service body, $50,000:

(1)  the total of all amounts each of which is the value of the consideration, other than consideration referred to in section 75.2 that is attributable to goodwill of a business, that became due in the four calendar quarters immediately preceding the particular calendar quarter, or that was paid in those four calendar quarters without having become due, to the person or an associate of the person at the beginning of the particular calendar quarter for taxable supplies, other than supplies by way of sale of capital property of the person or of the associate, made inside or outside Québec by the person or the associate in the course of commercial activities;

(2)  where, in the four calendar quarters immediately preceding the particular calendar quarter, the person or an associate of the person at the beginning of the particular calendar quarter made a taxable supply of a right to participate in a game of chance or is deemed, under section 60, to have made a supply in respect of a bet and the supply is a taxable supply, the total of all amounts each of which is

(a)  an amount of money paid or payable by the person or the associate as a prize or winnings in the game or in satisfaction of the bet, or

(b)  consideration paid or payable by the person or the associate for property or a service that is given as a prize or winnings in the game or in satisfaction of the bet.

1991, c. 67, s. 294; 1994, c. 22, s. 517; 1995, c. 1, s. 288; 1995, c. 63, s. 384; 1997, c. 85, s. 583.

295. Notwithstanding section 294, where at any time in a calendar quarter the total referred to in paragraph 1 exceeds the sum of the total referred to in paragraph 2 and $30,000 or, where the person is a public service body, $50,000:

(1)  the total of all amounts each of which is the value of the consideration, other than consideration referred to in section 75.2 that is attributable to goodwill of a business, that became due in the calendar quarter or was paid in that calendar quarter without having become due, to a person or an associate of the person at the beginning of the calendar quarter for taxable supplies, other than supplies by way of sale of capital property of the person or of the associate, made inside or outside Québec by the person or the associate in the course of commercial activities;

(2)  where, in the calendar quarter, the person or an associate of the person at the beginning of the calendar quarter made a taxable supply of a right to participate in a game of chance or is deemed, under section 60, to have made a supply in respect of a bet and the supply is a taxable supply, the total of all amounts each of which is

(a)  an amount of money paid or payable by the person or the associate as a prize or winnings in the game or in satisfaction of the bet, or

(b)  consideration paid or payable by the person or the associate for property or a service that is given as a prize or winnings in the game or in satisfaction of the bet;

the person is not a small supplier throughout the period beginning immediately before that time and ending on the last day of the calendar quarter.

1991, c. 67, s. 295; 1994, c. 22, s. 518; 1995, c. 1, s. 289; 1995, c. 63, s. 384; 1997, c. 85, s. 584.

296. Notwithstanding section 52, the consideration referred to in sections 294 and 295 does not include tax paid or payable pursuant to Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

1991, c. 67, s. 296.

296.1. Section 294 does not apply to a person not resident in Québec who makes a supply in Québec of admissions in respect of an activity, a seminar, an event or a place of amusement and whose only business carried on in Québec is the making of such supplies.

1995, c. 63, s. 385.

297. For the purposes of sections 294 and 295, the expression “associate” of a particular person at any time means another person who is associated at that time with the particular person.

1991, c. 67, s. 297.

297.0.1. For the purposes of section 297.0.2, “gross revenue” of a person for a fiscal year of the person means the amount by which the amount determined under subparagraph 1 exceeds the amount determined under subparagraph 2:

(1)  the amount that is the total of the following amounts that have not already been included in determining the total under this section for a preceding fiscal year of the person and each of which is

(a)  a gift that is received or becomes receivable depending on the method (in this section referred to as the “accounting method”) followed by the person in determining the person’s revenue for the fiscal year, by the person during the fiscal year,

(b)  a grant, subsidy, forgivable loan or other assistance (other than a refund or rebate of, or credit in respect of duties, fees or taxes imposed by an Act of Québec, of another province, of the Northwest Territories, of the Yukon Territory or of the Parliament of Canada) in the form of money that is received or becomes receivable, depending on the accounting method, by the person during the fiscal year from a government, municipality or other public authority,

(c)  revenue that is or would be, if the person were a taxpayer under the Taxation Act (chapter I-3), included for the purposes of that Act in determining the person’s income for the fiscal year from property, a business, an adventure or concern in the nature of trade or other source and that is not included in subparagraph b,

(d)  an amount that is or would be, if the person were a taxpayer under the Taxation Act, a capital gain for the fiscal year for the purposes of that Act from the disposition of property of the person, or

(e)  other revenue of any kind whatever (other than an amount that is or would be, if the person were a taxpayer under the Taxation Act, included in determining the amount of a capital gain or loss of the person for the purposes of that Act) that is received or becomes receivable, depending on the accounting method, by the person during the fiscal year;

(2)  the total of all amounts each of which is, or would be, if the person were a taxpayer under the Taxation Act, a capital loss for the fiscal year for the purposes of that Act from the disposition of property of the person.

For the purposes of this section and of section 297.0.2, the fiscal year of a person is the fiscal year of the person within the meaning of section 458.1.

1995, c. 1, s. 290; 1995, c. 63, s. 386.

297.0.2. A person that is a charity or a public institution at any time in a particular fiscal year of the person is a small supplier throughout the particular fiscal year if

(1)  the particular fiscal year is the first fiscal year of the person;

(2)  the particular fiscal year is the second fiscal year of the person and the gross revenue of the person for the first fiscal year does not exceed $250,000; or

(3)  the particular fiscal year is not the first or second fiscal year of the person and the gross revenue of the person for either of the two fiscal years immediately preceding the particular fiscal year of the person does not exceed $250,000.

1995, c. 1, s. 290; 1997, c. 85, s. 585.

DIVISION III.1 DIRECT SELLERS

1994, c. 22, s. 519.

297.1. For the purposes of this division,

“direct seller” means a person who sells exclusive products of the person to independant sales contractors of the person;

“distributor” of a direct seller means a person who is an independent sales contractor of the direct seller and who, in the course of the contractor’s business, sells some or all of the exclusive products of the direct seller acquired by the contractor to other independent sales contractors of the direct seller;

“exclusive product” of a direct seller means movable property that is acquired, manufactured or produced by the direct seller for sale, in the ordinary course of a business of the direct seller, to an independent sales contractor of the direct seller, with the expectation that the property would be ultimately sold, otherwise than as used corporeal movable property, by an independent sales contractor of the direct seller, in the ordinary course of a business of the contractor, for consideration to a person other than an independant sales contractor;

“independent sales contractor” of a direct seller means a person, other than a mandatary or employee of the direct seller or of a distributor of the direct seller, who

(1)  has a contractual right to purchase exclusive products of the direct seller from the direct seller or from a distributor of the direct seller;

(2)  purchases exclusive products of the direct seller for the purpose of resale to another independent sales contractor of the direct seller or to a purchaser; and

(3)  does not solicit, negotiate or enter into contracts for the sale of exclusive products of the direct seller to purchasers primarily at a fixed place of business of the person other than a private residence;

“purchaser” of an exclusive product of a direct seller means a person who is the recipient of a supply of the product and who is not acquiring the product for the purpose of supplying it for consideration;

“sales aid” of a person who is a direct seller or a distributor of a direct seller means a customized business form or a sample, demonstration kit, promotional or instructional item, catalogue or other movable property that is acquired, manufactured or produced by the person for sale to assist in the distribution, promotion or sale of exclusive products of the direct seller, but does not include an exclusive product of the direct seller or property that is sold, or held for sale, by the person to an independent sales contractor of the direct seller who is acquiring the property for use as capital property;

“suggested retail price” at any time of an exclusive product of a direct seller means the lowest price published by the direct seller applicable to supplies of the product made at that time to purchasers and includes the duties, fees and taxes described in section 52, but does not include tax payable under this title and duties, fees and taxes prescribed for the purposes of the second paragraph of section 52.

1994, c. 22, s. 519; 1995, c. 63, s. 387.

297.1.1. A direct seller who is a registrant may file an application in prescribed form containing prescribed information, with and as prescribed by the Minister, to have sections 297.2 to 297.7 apply in respect of the direct seller.

1995, c. 63, s. 388.

297.1.2. Where a direct seller and a distributor of the direct seller are registrants, they may file a joint application in prescribed form containing prescribed information, with and as prescribed by the Minister, to have sections 297.7.1 to 297.7.4 apply in respect of the distributor.

1995, c. 63, s. 388.

297.1.3. Where the Minister receives an application under section 297.1.1 from a direct seller, the Minister may approve the application in writing, and the Minister shall, in writing, notify the direct seller of the approval and the day on which it becomes effective.

1995, c. 63, s. 388.

297.1.4. Where the Minister receives a joint application under section 297.1.2 from a direct seller and a distributor of the direct seller, the Minister may approve the application in writing, and the Minister shall, in writing, notify both the direct seller and the distributor of the approval and the day on which it becomes effective.

1995, c. 63, s. 388.

297.1.5. Where, at a time when an approval granted under section 297.1.3 in respect of a direct seller would not, but for this section, be in effect, an approval granted under section 297.1.4 in respect of a distributor of the direct seller becomes effective and no other approval granted under section 297.1.4 in respect of a distributor of the direct seller is in effect at that time, the direct seller is deemed, for the purposes of this division, to have been granted an approval under section 297.1.3 that becomes effective immediately before that time.

1995, c. 63, s. 388.

297.1.6. The Minister may revoke an approval granted under section 297.1.3 in respect of a direct seller where an approval granted under section 297.1.4 in respect of a distributor of the direct seller is not in effect and

(1)  the direct seller fails to comply with any provision of this Title; or

(2)  except in the case of an approval deemed under section 297.1.5 to have been granted, the direct seller requests, in writing, the Minister to revoke the approval.

The Minister shall, in writing, notify the direct seller of the revocation of the approval and the day on which it becomes effective.

1995, c. 63, s. 388.

297.1.7. The Minister may revoke an approval granted under section 297.1.4 in respect of a distributor of a direct seller where

(1)  the distributor fails to comply with any provision of this Title; or

(2)  the distributor and the direct seller, in writing, jointly request the Minister to revoke the approval.

The Minister shall, in writing, notify both the distributor and the direct seller of the revocation of the approval and the day on which it becomes effective.

1995, c. 63, s. 388.

297.1.8. An approval granted under section 297.1.3 in respect of a direct seller ceases to have effect on the earliest of

(1)  the day the direct seller ceases to be a registrant;

(2)  the day an approval granted under section 297.1.4 in respect of any distributor of the direct seller ceases to have effect and no other approval granted under that section in respect of any distributor of the direct seller is in effect; and

(3)  the day a revocation of the approval under section 297.1.6 becomes effective.

1995, c. 63, s. 388.

297.1.9. An approval granted under section 297.1.4 ceases to have effect on the earliest of

(1)  the day the direct seller ceases to be a registrant;

(2)  the day the distributor ceases to be a registrant; and

(3)  the day a revocation of the approval under section 297.1.7 becomes effective.

1995, c. 63, s. 388.

297.1.10. Where a direct seller who is a registrant is granted approval under subsection 3 of section 178.2 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), the following rules apply:

(1)  the direct seller is not required to file an application under section 297.1.1;

(2)  the direct seller is deemed to have been granted approval under section 297.1.3 and the time or day on which the approval becomes effective is the same as the day on which the approval granted under subsection 3 of section 178.2 of that Act becomes effective; and

(3)  the approval deemed to have been granted to the direct seller under section 297.1.3 is deemed

(a)  to have been revoked on the day on which revocation of the approval granted under subsection 3 of section 178.2 of that Act becomes effective and the revocation is deemed to be in effect on that day, and

(b)  to have ceased to have effect on the day on which the approval referred to in subparagraph a ceased to have effect.

The Minister may require to be informed by the direct seller in the manner prescribed by the Minister in prescribed form containing prescribed information, and within the time determined by the Minister, of an approval granted under subsection 3 of section 178.2 of that Act, of a revocation of that approval or of the fact that an approval has ceased to have effect, or require the direct seller to send notice of an approval or of its revocation to the Minister.

1997, c. 14, s. 340.

297.1.11. Where a direct seller and a distributor of the direct seller who are registrants have been granted approval under subsection 4 of section 178.2 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), the following rules apply:

(1)  the direct seller and the distributor are not required to file a joint application under section 297.1.2;

(2)  the direct seller and the distributor are deemed to have been granted an approval under section 297.1.4 which becomes effective on the day on which the approval granted under subsection 4 of section 178.2 of that Act becomes effective; and

(3)  the approval deemed to have been granted to the direct seller and the distributor under section 297.1.4 is deemed

(a)  to have been revoked on the day on which the approval granted under subsection 4 of section 178.2 of that Act becomes effective and the revocation is deemed to be in effect on that day, and

(b)  to have ceased to have effect on the day on which the approval referred to in subparagraph a ceased to have effect.

The Minister may require to be informed by the direct seller or the distributor in the manner prescribed by the Minister in prescribed form containing prescribed information, and within the time determined by the Minister, of an approval granted under subsection 4 of section 178.2 of that Act, of a revocation of that approval or of the fact that an approval has ceased to have effect, or require the direct seller or the distributor to send notice of an approval or of its revocation to the Minister.

1997, c. 14, s. 340.

297.2. Where, at any time when an approval granted by the Minister under section 297.1.3 in respect of a direct seller is in effect, the direct seller makes in Québec a taxable supply by way of sale, other than a zero-rated supply, of an exclusive product of the direct seller to an independent sales contractor of the direct seller who is not a distributor in respect of whom an approval granted under section 297.1.4 is in effect at that time or becomes effective immediately after that time, the following rules apply:

(1)  the supply is deemed to have been made for consideration, that becomes due and is paid at the particular time that is the earlier of the time when any part of the consideration for the supply becomes due and the time when any part of that consideration is paid, equal to the suggested retail price of the exclusive product at the time the supply is made;

(2)  tax is deemed not to be payable by the contractor in respect of the supply;

(3)  the contractor is not entitled to any rebate under sections 400 to 402.0.2 in respect of the supply; and

(4)  in determining the net tax of the direct seller for the reporting period of the direct seller that includes the particular time, there shall be added an amount equal to tax calculated on the suggested retail price of the product at the time the supply is made.

1994, c. 22, s. 519; 1995, c. 63, s. 389.

297.3. (Repealed).

1994, c. 22, s. 519; 1995, c. 63, s. 390.

297.4. (Repealed).

1994, c. 22, s. 519; 1995, c. 63, s. 390.

297.5. Subject to the second paragraph, where, at any time when an approval granted by the Minister under section 297.1.3 in respect of a direct seller is in effect, a particular independent sales contractor of the direct seller, other than a distributor in respect of whom an approval granted under section 297.1.4 is in effect at that time or becomes effective immediately after that time, makes in Québec a particular taxable supply by way of sale, other than a zero-rated supply, of an exclusive product of the direct seller, the following rules apply:

(1)  if the recipient of the particular taxable supply is another independent sales contractor of the direct seller, the particular taxable supply is deemed, except for the purposes of section 297.1 and sections 297.2 to 297.7, not to have been made by the particular contractor and not to have been received by the other contractor; and

(2)  if the recipient of the particular taxable supply is a person other than the direct seller or another independent sales contractor of the direct seller,

(a)  the particular taxable supply is deemed, except for the purposes of sections 297.1, 297.7 and 297.11, to be a taxable supply made by the direct seller, and not by the particular contractor, for consideration equal to the lesser of the actual consideration for the supply and the suggested retail price of the product at the time the particular taxable supply is made,

(b)  any tax in respect of the particular taxable supply that is collected by the particular contractor is deemed to have been collected on behalf of the direct seller, and

(c)  tax in respect of the particular taxable supply shall not be included in determining the net tax of the direct seller for any reporting period.

This section applies where section 297.2 applied in respect of a supply of an exclusive product made at an earlier time or where section 297.7.5 applied at an earlier time in respect of the exclusive product.

1994, c. 22, s. 519; 1995, c. 63, s. 391.

297.6. Where a direct seller has made a supply of an exclusive product of the direct seller in circumstances in which an amount was required under paragraph 4 of section 297.2 to be added in determining the net tax of the direct seller and an independent sales contractor of the direct seller subsequently supplies the product to the direct seller in a particular reporting period of the direct seller, the following rules apply:

(1)  the contractor is deemed not to have supplied the product; and

(2)  the direct seller may deduct that amount, in determining the net tax of the direct seller for the particular reporting period or for a subsequent reporting period, in a return under Chapter VIII filed by the direct seller within four years after the day on or before which the return under Chapter VIII for the particular reporting period is required to be filed.

1994, c. 22, s. 519; 1995, c. 63, s. 392; 1997, c. 85, s. 586.

297.7. A direct seller may deduct the amount determined under subparagraph 3 in determining the net tax for the particular reporting period of 379 the direct seller in which the amount is paid to, or credited by the direct seller in favour of, an independent sales contractor of the direct seller, or for a subsequent reporting period, in a return under Chapter VIII filed by the direct seller within four years after the day on or before which the return under Chapter VIII is required to be filed for the particular reporting period where

(1)  at a particular time the direct seller makes a supply of an exclusive product of the direct seller in circumstances in which an amount was required under paragraph 4 of section 297.2 to be added in determining the net tax of the direct seller;

(2)  the independent sales contractor

(a)  makes a supply of the product that is

i.  a zero-rated supply,

ii.  a supply made outside Québec, or

iii.  a supply in respect of which the recipient is not required to pay tax under a law of Canada or a province,

(b)  makes a supply of the product to a person other than an independent sales contractor of the direct seller for consideration that is less than the suggested retail price of the product at the particular time and more than nominal, and on which was calculated tax that was paid by the person, or

(c)  makes a supply of the product to a person other than an independent sales contractor of the direct seller for no consideration or for nominal consideration or appropriates the product for the consumption, use or enjoyment of the particular contractor or that of an individual related thereto; and

(3)  the direct seller pays to, or credits in favour of, an independent sales contractor of the direct seller an amount in respect of the product equal to

(a)  where subparagraph a of subparagraph 2 applies, tax calculated on the suggested retail price of the product at the particular time, and

(b)  where subparagraph b or c of subparagraph 2 applies, the amount determined by the formula

A − B.

For the purposes of this formula,

(1)  A is the tax calculated on the suggested retail price of the product at the particular time; and

(2)  B is

(a)  where subparagraph b of subparagraph 2 of the first paragraph applies, tax calculated on the consideration for the supply of the product by the contractor, and

(b)  where subparagraph c of subparagraph 2 of the first paragraph applies, tax calculated on the consideration for the supply of the product to the contractor, determined without reference to paragraph 1 of section 297.2.

1994, c. 22, s. 519; 1995, c. 63, s. 393; 1997, c. 85, s. 587.

297.7.1. Where, at any time when an approval granted by the Minister under section 297.1.4 in respect of a distributor of a direct seller is in effect, the distributor makes in Québec a taxable supply by way of sale, other than a zero-rated supply, of an exclusive product of the direct seller to an independent sales contractor of the direct seller who is not a distributor in respect of whom an approval granted under section 297.1.4 is in effect at that time or becomes effective immediately after that time, the following rules apply:

(1)  the supply is deemed to have been made for consideration, that becomes due and is paid at the particular time that is the earlier of the time when any part of the consideration for the supply becomes due and the time when any part of that consideration is paid, equal to the suggested retail price of the product at the time the supply is made;

(2)  tax is deemed not to be payable by the contractor in respect of the supply;

(3)  the contractor is not entitled to any rebate under sections 400 to 402.0.2 in respect of the supply; and

(4)  in determining the net tax of the distributor for the reporting period of the distributor that includes the particular time, there shall be added an amount equal to tax calculated on the suggested retail price of the product at the time the supply is made.

1995, c. 63, s. 394.

297.7.2. Subject to the second paragraph, where, at any time when an approval granted by the Minister under section 297.1.4 in respect of a distributor of a direct seller is in effect, a particular independent sales contractor of the direct seller, other than a distributor, makes in Québec a particular taxable supply by way of sale, other than a zero-rated supply, of an exclusive product of the direct seller, the following rules apply:

(1)  if the recipient of the particular taxable supply is a person who is an independent sales contractor of the direct seller, other than a distributor, the particular taxable supply is deemed, except for the purposes of section 297.1 and sections 297.7.1 to 297.7.4, not to have been made by the particular contractor and not to have been received by the person; and

(2)  if the recipient of the particular taxable supply is a person other than a distributor or another independent sales contractor of the direct seller,

(a)  the particular taxable supply is deemed, except for the purposes of sections 297.1, 297.7.4 and 297.11, to be a taxable supply made by the distributor, and not by the particular contractor, for consideration equal to the lesser of the actual consideration for the supply and the suggested retail price of the product at the time the particular taxable supply is made,

(b)  any tax in respect of the particular taxable supply that is collected by the particular contractor is deemed to have been collected on behalf of the distributor, and

(c)  tax in respect of the particular taxable supply shall not be included in determining the net tax of the distributor for any reporting period.

This section applies where section 297.7.1 applied in respect of a supply of an exclusive product made at an earlier time by an independent sales contractor of the direct seller or where section 297.7.6 applied at an earlier time in respect of the exclusive product.

1995, c. 63, s. 394.

297.7.3. Where a distributor of a direct seller has made a supply of an exclusive product of the direct seller in circumstances in which an amount was required under paragraph 4 of section 297.7.1 to be added in determining the net tax of the distributor and another independent sales contractor of the direct seller subsequently supplies the product to the distributor in a particular reporting period of the distributor, the following rules apply:

(1)  the other contractor is deemed not to have supplied the product; and

(2)  the distributor may deduct that amount, in determining the net tax of the distributor for the particular reporting period or for a subsequent reporting period, in a return under Chapter VIII filed by the distributor within four years after the day on or before which the return under Chapter VIII for the particular reporting period is required to be filed.

1995, c. 63, s. 394; 1997, c. 85, s. 588.

297.7.4. A distributor of a direct seller may deduct the amount determined under subparagraph 3 in determining the net tax for the particular reporting period of the distributor in which the amount is paid to, or credited by the distributor in favour of, an independent sales contractor of the direct seller, other than a distributor, or for a subsequent reporting period, in a return under Chapter VIII filed by the distributor within four years after the day on or before which the return under Chapter VIII for the particular reporting period is required to be filed where

(1)  at a particular time the distributor makes a supply of an exclusive product of the direct seller in circumstances in which an amount is required under paragraph 4 of section 297.7.1 to be added in determining the net tax of the distributor;

(2)  the independent sales contractor

(a)  makes a supply of the product that is

i.  a zero-rated supply,

ii.  a supply made outside Québec, or

iii.  a supply in respect of which the recipient is not required to pay tax by reason of the law of Canada or a province,

(b)  makes a supply of the product to a person other than an independent sales contractor of the direct seller for consideration that is less than the suggested retail price of the product at the particular time and more than nominal, and on which was calculated tax that was paid by the person, or

(c)  makes a supply of the product to a person other than an independent sales contractor of the direct seller for no consideration or for nominal consideration or appropriates the product for the consumption, use or enjoyment of the particular contractor or that of an individual related thereto; and

(3)  the distributor pays to, or credits in favour of, the particular contractor, an amount in respect of the product equal to

(a)  where subparagraph a of subparagraph 2 applies, tax calculated on the suggested retail price of the product at the particular time, and

(b)  where subparagraph b or c of subparagraph 2 applies, the amount determined by the formula

A − B.

For the purposes of this formula,

(1)  A is the tax calculated on the suggested retail price of the product at the particular time; and

(2)  B is

(a)  where subparagraph b of subparagraph 2 of the first paragraph applies, tax calculated on the consideration for the supply of the product by the particular contractor, and

(b)  where subparagraph c of subparagraph 2 of the first paragraph applies, tax calculated on the consideration for the supply of the product to the particular contractor, determined without reference to paragraph 1 of section 297.7.1.

1995, c. 63, s. 394; 1997, c. 85, s. 589.

297.7.5. Where an approval granted under section 297.1.3 in respect of a direct seller becomes effective at any time after 31 July 1995 and a registrant who is an independent sales contractor of the direct seller, other than a distributor in respect of whom an approval granted under section 297.1.4 is in effect at that time or becomes effective immediately after that time, has at that time in inventory an exclusive product of the direct seller, the registrant is deemed, except for the purposes of sections 294, 295, 297, 462 and 462.1,

(1)  to have made, immediately before that time, a supply of the product for consideration, that becomes due and is paid immediately before that time, equal to the suggested retail price of the product at that time; and

(2)  to have collected, immediately before that time, tax in respect of the supply calculated on that consideration.

1995, c. 63, s. 394.

297.7.6. Subject to the second paragraph, where, at the time an approval granted under section 297.1.4 in respect of a distributor of a direct seller ceases to have effect, the distributor has in inventory an exclusive product of the direct seller, the distributor is deemed, except for the purposes of sections 294, 295, 297, 462 and 462.1,

(1)  to have made, immediately before that time, a supply of the product for consideration, that becomes due and is paid immediately before that time, equal to the suggested retail price of the product at that time; and

(2)  to have collected, immediately before that time, tax in respect of the supply calculated on that consideration.

This section applies where an approval granted under section 297.1.3 in respect of the direct seller does not cease to have effect at that time.

1995, c. 63, s. 394.

297.7.7. Where an approval granted under section 297.1.4 in respect of a distributor of a direct seller ceases to have effect at the same time as an approval granted under section 297.1.3 in respect of the direct seller ceases to have effect, each independent sales contractor of the direct seller, other than a distributor in respect of whom an approval granted under section 297.1.4 ceases to have effect at that time, is deemed

(1)  to have received, immediately after that time, a supply of each exclusive product of the direct seller that the contractor has in inventory at that time for consideration, that becomes due and is paid immediately after that time, equal to the suggested retail price of the product at that time; and

(2)  to have paid, immediately after that time, tax in respect of the supply calculated on that consideration.

1995, c. 63, s. 394.

297.7.8. Where at any time an approval granted under section 297.1.3 in respect of a direct seller ceases to have effect and section 297.7.7 does not apply, each independent sales contractor of the direct seller is deemed

(1)  to have received, immediately after that time, a supply of each exclusive product of the direct seller that the contractor has in inventory at that time for consideration, that becomes due and is paid immediately after that time, equal to the suggested retail price of the product at that time; and

(2)  to have paid, immediately after that time, tax in respect of the supply calculated on that consideration.

1995, c. 63, s. 394.

297.8. (Repealed).

1994, c. 22, s. 519; 1995, c. 63, s. 395.

297.9. (Repealed).

1994, c. 22, s. 519; 1995, c. 63, s. 395.

297.10. Where an approval granted by the Minister under section 297.1.3 in respect of a direct seller is in effect and the direct seller or an independent sales contractor of the direct seller makes in Québec a taxable supply by way of sale of a sales aid of the direct seller or of the contractor, as the case may be, to an independent sales contractor of the direct seller, the supply is deemed not to be a supply.

1994, c. 22, s. 519; 1995, c. 63, s. 396.

297.10.1. Where an approval granted by the Minister under section 297.1.3 in respect of a direct seller is in effect and an amount is paid or payable by the direct seller or an independent sales contractor of the direct seller to an independent sales contractor of the direct seller because of the volume of purchases or sales of exclusive products of the direct seller or of sales aids and otherwise than as consideration for a supply of such a product or sales aid, the amount is deemed not to be consideration for a supply.

1995, c. 63, s. 397.

297.11. Where, at any time when an approval granted by the Minister under section 297.1.3 in respect of a direct seller is in effect, an independent sales contractor of the direct seller, who is not a distributor in respect of whom an approval granted under section 297.1.4 is in effect at that time or becomes effective after that time, makes a supply of property to a person as consideration for the supply by the person of a service of acting as a host at an occasion that is organized for the purpose of the distribution, promotion or sale by the contractor of exclusive products of the direct seller, the person is deemed not to have made a supply of the service and the service is deemed not to be consideration for a supply.

1994, c. 22, s. 519; 1995, c. 63, s. 398.

297.12. Where a registrant who is a direct seller in respect of whom an approval granted under section 297.1.3 is in effect or who is a distributor of such a direct seller acquires or brings into Québec property, other than an exclusive product of the direct seller, or a service for supply to an independent sales contractor of the direct seller or an individual related thereto for no consideration or for consideration that is less than the fair market value of the property or service and the contractor or individual is not acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the contractor or individual, the following rules apply:

(1)  no tax is payable in respect of the supply; and

(2)  in determining an input tax refund of the registrant, no amount shall be included in respect of tax that becomes payable, or is paid without having become payable, by the registrant in respect of the property or service;

(3)  (paragraph repealed).

1994, c. 22, s. 519; 1995, c. 63, s. 399.

297.13. Where a registrant who is a direct seller in respect of whom an approval granted under section 297.1.3 is in effect or who is a distributor of such a direct seller appropriates, at any time, property, other than an exclusive product of the direct seller, that was acquired, manufactured or produced, or any service acquired or performed, in the course of commercial activities of the registrant, to or for the benefit of an independent sales contractor of the direct seller, or any individual related thereto, otherwise than by way of supply for consideration equal to the fair market value of the property or service, and the contractor or individual is not acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the contractor or individual, the registrant is deemed

(1)  to have made a supply of the property or service for consideration, paid at that time, equal to the fair market value of the property or service at that time; and

(2)  except where the supply is an exempt supply, to have collected, at that time, tax in respect of the supply calculated on that consideration.

This section does not apply to property or a service appropriated by a registrant where the registrant is not entitled to claim an input tax refund in respect of the property or service because of section 203, 205 or 206.

1994, c. 22, s. 519; 1995, c. 63, s. 400.

297.14. Where, at any time when an approval granted under section 297.1.3 in respect of a direct seller is in effect, an independent sales contractor of the direct seller ceases to be a registrant, paragraph 1 of section 209 does not apply to sales aids supplied to the contractor by the direct seller or another independent sales contractor of the direct seller at any time when the approval was in effect.

1994, c. 22, s. 519; 1995, c. 63, s. 400.

297.15. Section 55 does not apply to a supply described in subparagraph b or c of subparagraph 2 of the first paragraph of section 297.7, in subparagraph b or c of subparagraph 2 of the first paragraph of section 297.7.4 or in section 297.11.

1994, c. 22, s. 519; 1995, c. 63, s. 400.

DIVISION IV INSURER

298. Where at any time after 1 July 1992 property is transferred to an insurer by a person in the course of settling an insurance claim,

(1)  the person is deemed to have made, and the insurer is deemed to have received, at that time, a supply by way of sale of the property;

(2)  the supply is deemed to have been made for no consideration, except for the purposes of sections 233, 234, 379 and 380;

(3)  in the case of a taxable supply of an immovable, for the purposes of sections 233, 234, 379 and 380, the tax payable in respect of the supply is deemed to be equal to tax calculated on the fair market value of the property at that time; and

(4)  in the case of a supply of an immovable referred to in section 102, in section 138.1 or in section 168, for the purposes of sections 233, 234, and 380, the supply is deemed to be a taxable supply and the tax payable in respect of the supply is deemed to be equal to tax calculated on the fair market value of the property at that time.

1991, c. 67, s. 298; 1994, c. 22, s. 520; 1997, c. 85, s. 590.

299. Where at any time an insurer makes a supply, other than an exempt supply, of property transferred to the insurer in circumstances in which section 298 applies, except where any of sections 300 to 300.2 applied at an earlier time in respect of the use of the property by the insurer,

(1)  the insurer is deemed to have made the supply in the course of a commercial activity of the insurer; and

(2)  anything done by the insurer in the course of, or in connection with, the making of the supply and not in connection with the transfer of the property is deemed to have been done in the course of the commercial activity.

1991, c. 67, s. 299; 1994, c. 22, s. 520.

300. Where at any time an insurer to whom an immovable has been transferred, in circumstances in which section 298 applies, begins to use the immovable otherwise than in the making of a supply of the immovable, the insurer is deemed to have made a supply of the property at that time and, except where the supply is an exempt supply,

(1)  the insurer is deemed to have collected, at that time, tax in respect of the supply equal to the amount determined by multiplying the fair market value of the property at that time by 7.5/107.5; and

(2)  the insurer is deemed to have acquired the property and to have paid that tax at that time.

1991, c. 67, s. 300; 1994, c. 22, s. 520; 1995, c. 63, s. 401; 1997, c. 85, s. 591.

300.1. Where an insurer to whom movable property has been transferred from a person before 1 January 1994, in circumstances in which section 298 applies, begins at a particular time to use the property otherwise than in the making of a supply of the property, the following rules apply:

(1)  the insurer is deemed to have received, immediately after the particular time, a supply by way of sale of the property; and

(2)  where tax would have been payable had the property been purchased in Québec from the person for consideration at the time it was transferred, the insurer is deemed

(a)  to have made, at the particular time, a taxable supply of the property and to have collected, at the particular time, tax in respect of that supply equal to the amount determined by multiplying the fair market value of the property at the time it was transferred by 7.5/107.5, and

(b)  to have paid, immediately after the particular time, tax in respect of the supply referred to in paragraph 1 equal to the amount determined under subparagraph a.

1994, c. 22, s. 521; 1995, c. 63, s. 402; 1997, c. 85, s. 592.

300.2. Where an insurer to whom movable property has been transferred from a person after 31 December 1993, in circumstances in which section 298 applies, begins at a particular time to use the property otherwise than in the making of a supply of the property, the following rules apply:

(1)  the insurer is deemed

(a)  to have received, immediately after the particular time, a supply by way of sale of the property, and

(b)  to have paid, immediately after the particular time, all tax payable in respect of that supply, which is deemed to be equal to the amount determined by multiplying the fair market value of the property at the time it was transferred by 7.5/107.5, except where

i.  the property was, at the time it was transferred, specified corporeal movable property having a fair market value in excess of the amount prescribed in respect of the property, and

ii.  tax would not have been payable had the property been purchased in Québec from the person at the time it was transferred; and

(2)  where tax would have been payable had the property been purchased in Québec from the person at the time it was transferred, the insurer is deemed

(a)  to have made, at the particular time, a taxable supply of the property, and

(b)  to have collected, at the particular time, all tax payable in respect of that supply, which is deemed to be equal to the amount determined by multiplying the fair market value of the property at the time it was transferred by 7.5/107.5.

1994, c. 22, s. 521; 1995, c. 63, s. 403; 1997, c. 85, s. 593.

301. The rules set out in the second paragraph apply where

(1)  an insurer to whom movable property has been transferred from a person in circumstances in which section 298 applies makes at any time a taxable supply of the property by way of sale, other than a supply deemed, under this Title, to have been made;

(2)  the insurer was not deemed under section 300.1, 300.2 or 301.2 to have received a supply of the property at an earlier time;

(3)  no tax would have been payable by the insurer had the insurer purchased the property in Québec from the person at the time the property was transferred; and

(4)  (subparagraph repealed).

The insurer is deemed to have received a supply of the property immediately before that time for consideration equal to the consideration for the supply referred to in subparagraph 1 of the first paragraph and to have paid, immediately before that time, all tax payable in respect of the supply deemed under this paragraph to have been received, which is deemed to be equal to the amount determined by the formula

A - B.

For the purposes of this formula,

(1)  A is tax calculated on that consideration; and

(2)  B is the total of all amounts each of which is an input tax refund or a rebate under Division I of Chapter VII that the insurer was entitled to claim in respect of the property or an improvement thereto.

1991, c. 67, s. 301; 1994, c. 22, s. 522; 1995, c. 63, s. 404; 1997, c. 85, s. 594.

301.1. Section 301 does not apply where

(1)  the supply referred to in subparagraph 1 of the first paragraph of the said section is made outside Québec or is a zero-rated supply; and

(2)  the property was transferred to the insurer before 1 January 1994 or was, at the time it was transferred, specified corporeal movable property having a fair market value in excess of the prescribed amount in respect of the property.

1994, c. 22, s. 523; 1997, c. 85, s. 595.

301.2. The rules set out in the second paragraph apply where

(1)  at any time an insurer to whom movable property has been transferred from a person in circumstances in which section 298 applies makes a taxable supply of the property by way of lease, licence or similar arrangement;

(2)  the insurer was not deemed under section 300.1 or 300.2 to have received a supply of the property at an earlier time; and

(3)  no tax would have been payable had the property been purchased in Québec from the person at the time the property was transferred;

(4)  (subparagraph repealed).

The insurer is deemed to have received a supply of the property immediately before that time and to have paid, immediately before that time, all tax payable in respect of that supply, which is deemed to be equal to tax calculated on the fair market value of the property at the time it was transferred.

1994, c. 22, s. 523; 1995, c. 63, s. 405; 1997, c. 85, s. 596.

301.3. Section 301.2 does not apply where

(1)  the supply referred to in subparagraph 1 of the first paragraph of the said section is made outside Québec or is a zero-rated supply; and

(2)  the property was transferred to the insurer before 1 January 1994 or was, at the time it was transferred, specified corporeal movable property having a fair market value in excess of the prescribed amount in respect of the property.

1994, c. 22, s. 523; 1997, c. 85, s. 597.

DIVISION V BANKRUPTCY

302. Sections 302.1 to 309 apply where on a particular day a person becomes a bankrupt.

In this section and in sections 303 to 309, “bankrupt” and “estate of the bankrupt” have the same meanings as in the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3).

1991, c. 67, s. 302; 1994, c. 22, s. 524; 1997, c. 85, s. 598.

302.1. A trustee in bankruptcy is deemed to supply a service to the bankrupt of acting as trustee in bankruptcy and any amount to which the trustee is entitled for acting in that capacity is deemed to be consideration payable for that supply.

1997, c. 85, s. 599.

303. The estate of the bankrupt is deemed not to be a trust or a succession.

1991, c. 67, s. 303.

304. The property and the money of the person immediately before the particular day are deemed not to pass to and be vested in the trustee in bankruptcy on the receiving order being made or the assignment in bankruptcy being filed, but to remain vested in the bankrupt.

1991, c. 67, s. 304; 1994, c. 22, s. 525.

304.1. Where on the particular day the person is registered under Division I of Chapter VIII, the registration continues in relation to the activities of the person to which the bankruptcy relates as though the trustee in bankruptcy were the registrant in respect of those activities and ceases to apply to the activities of the person in which the person begins to engage on or after the particular day and to which the bankruptcy does not relate.

1994, c. 22, s. 526.

304.2. Where on or after the particular day the person begins to engage in particular activities to which the bankruptcy does not relate,

(1)  the particular activities are deemed to be separate from the activities of the person to which the bankruptcy relates as though the particular activities were activities of a separate person; and

(2)  the person may apply for, and be granted, registration under Division I of Chapter VIII, and establish fiscal periods and make elections respecting reporting periods under Division IV of that chapter, in relation to the particular activities as though they were the only activities of the person.

1994, c. 22, s. 526.

305. Subject to sections 306 and 307, the reporting periods of the person begin and end on the days on which they would have begun and ended if the bankruptcy had not occurred.

1991, c. 67, s. 305; 1994, c. 22, s. 527.

306. The reporting period of the person during which the person becomes a bankrupt shall end on the particular day and a new reporting period of the person in relation to the activities of the person to which the bankruptcy relates shall begin on the day immediately after the particular day.

1991, c. 67, s. 306; 1994, c. 22, s. 527.

307. The reporting period of the person, in relation to the activities of the person to which the bankruptcy relates, during which the trustee in bankruptcy is discharged under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) shall end on the day the order of discharge is granted.

1991, c. 67, s. 307; 1994, c. 22, s. 527.

308. (Repealed).

1991, c. 67, s. 308; 1994, c. 22, s. 528.

309. The property and the money held by the trustee in bankruptcy for the person on the day on which an absolute order of discharge of the person is granted under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3) are deemed not to pass to the person on the order being granted but to have been vested in and held by the person continuously since the day they were acquired by the person or the trustee, as the case may be.

1991, c. 67, s. 309; 1994, c. 22, s. 529.

DIVISION VI RECEIVERSHIP

310. This division applies where on a particular day a receiver is vested with authority to manage, operate or liquidate any business or property, or to manage or care for the affairs or the assets, of a person.

In this division,

“business” includes a part of a business;

“receiver” means a person who

(1)  under the authority of a bond or other debt security, of a court order or of an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory or of the Parliament of Canada, is empowered to manage or operate a business or property of another person,

(1.1)  is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or property of the debtor under the debt security,

(1.2)  is appointed by a bank to act as mandatary of the bank in the exercise of the authority of the bank under subsection 3 of section 426 of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1) in respect of property of another person,

(2)  is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation, or

(3)  is appointed as a committee, tutor or curator with authority to manage and care for the affairs and assets of an individual who is incapable of managing his affairs and assets,

and includes a person who is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person but, where a person is appointed to exercise the authority of a creditor under a bond or other debt security to manage or operate a business or property of another person, does not include that creditor;

“relevant assets” of a receiver means

(1)  where the receiver’s authority relates to all the businesses, affairs, properties and assets of a person, all those businesses, affairs, properties and assets; and

(2)  where the receiver’s authority relates to only part of the businesses, affairs, properties or assets of a person, that part of the businesses, affairs, properties or assets, as the case may be.

1991, c. 67, s. 310; 1994, c. 22, s. 530; 1997, c. 3, s. 122.

311. The receiver is deemed to be a mandatary of the person and any supply made or received and any act performed by the receiver in respect of the relevant assets of the receiver is,

(1)  in the case of a supply, deemed to have been made or received by the receiver as mandatary of the person; and

(2)  in the case of any act, deemed to have been performed by the receiver as mandatary of the person.

1991, c. 67, s. 311; 1994, c. 22, s. 530.

312. The receiver is deemed not to be a trustee of the estate or any part of the estate of the person.

1991, c. 67, s. 312; 1994, c. 22, s. 530.

312.1. Where the relevant assets of the receiver are a part and not all of the person’s businesses, affairs, properties or assets, the relevant assets of the receiver are deemed to be, throughout the period during which the receiver is acting as receiver of the person, separate from the remainder of the businesses, affairs, properties or assets of the person as though the relevant assets were businesses, affairs, properties or assets, as the case may be, of a separate person.

1994, c. 22, s. 531.

313. The person and the receiver are solidarily liable for the payment or remittance of all amounts that become payable or remittable by the person before or during the period during which the receiver is acting as receiver of the person to the extent that the amounts can reasonably be considered to relate to the relevant assets of the receiver or to the businesses, affairs, properties or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person at the time the amounts became payable or remittable, as the case may be.

Notwithstanding the first paragraph, the following rules apply:

(1)  the receiver is liable for the payment or remittance of amounts that became payable or remittable before that period only to the extent of the property and money of the person in possession or under the control and management of the receiver after

(a)  satisfying the claims of creditors whose claims ranked, on the particular day, in priority to the claim of the State in respect of the amounts, and

(b)  paying any amounts that the receiver is required to pay to a trustee in bankruptcy of the person;

(2)  the person is not liable for the remittance of any tax collected or collectible by the receiver; and

(3)  the payment or remittance by the person or the receiver of an amount in respect of the liability shall discharge the liability to the extent of that amount.

1991, c. 67, s. 313; 1994, c. 22, s. 532; 1995, c. 63, s. 510; 1998, c. 16, s. 304.

314. Subject to sections 314.1 and 315, the reporting periods of the person begin and end on the days on which they would have begun and ended if the vesting had not occurred.

1991, c. 67, s. 314; 1994, c. 22, s. 532.

314.1. The reporting period of the person, in relation to the relevant assets of the receiver, during which the receiver begins to act as receiver of the person, shall end on the particular day and a new reporting period of the person in relation to the relevant assets shall begin on the day immediately after the particular day.

1994, c. 22, s. 533.

315. The reporting period of the person, in relation to the relevant assets of the receiver, during which the receiver ceases to act as receiver of the person, shall end on the day the receiver ceases to act as receiver of the person.

1991, c. 67, s. 315; 1994, c. 22, s. 534.

316. The receiver shall file with the Minister in prescribed form containing prescribed information all returns that are required to be filed by the person in respect of

(1)  the relevant assets of the receiver for reporting periods ending in the period during which the receiver is acting as receiver of the person; and

(2)  supplies of immovables that can reasonably be considered to relate to the relevant assets and that were made to the person in those periods.

The receiver shall file the returns referred to in the first paragraph as if the relevant assets were the only businesses, affairs, properties and assets of the person.

1991, c. 67, s. 316; 1994, c. 22, s. 534.

317. (Repealed).

1991, c. 67, s. 317; 1994, c. 22, s. 535.

317.1. The receiver shall, unless the Minister waives in writing the requirement for the receiver to file the return, file with the Minister in prescribed form containing prescribed information a return for the reporting period referred to in the second paragraph that relates to the businesses, affairs, properties or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person during that reporting period.

The rules set out in the first paragraph apply if the person has not on or before the particular day filed a return required to be filed by the person for a reporting period of the person ending

(1)  on or before the particular day; and

(2)  in or immediately before the fiscal year of the person that included the particular day.

1994, c. 22, s. 536.

317.2. The receiver shall, unless the Minister waives in writing the requirement for the receiver to file the return, file with the Minister in prescribed form containing prescribed information a return in respect of the supply referred to in the second paragraph that can reasonably be considered to relate to the businesses, affairs, properties or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person in the reporting period referred to in the second paragraph.

The rules set out in the first paragraph apply if the person has not on or before the particular day filed a return required to be filed by the person in respect of a supply of an immovable made to the person in a reporting period ending

(1)  on or before the particular day; and

(2)  in or immediately before the fiscal year of the person that included the particular day.

1994, c. 22, s. 536.

317.3. For the purposes of this division, the fiscal year of a person is the fiscal year of the person within the meaning of section 458.1.

1994, c. 22, s. 536.

DIVISION VII FORFEITURE, SEIZURE AND REPOSSESSION

318. Where at any time, as a consequence of the breach, modification or termination, after 30 June 1992, of an agreement for the making of a taxable supply, other than a zero-rated supply, of property or a service in Québec by a registrant to a person, an amount is paid or forfeited to the registrant otherwise than as consideration for the supply, or a debt or other obligation of the registrant is reduced or extinguished without payment being made in respect of the debt or obligation,

(1)  the person is deemed to have paid, at that time, an amount of consideration for the supply equal to the amount determined by multiplying the amount paid or forfeited, or by which the debt or obligation was reduced or extinguished, as the case may be, by 100/107.5; and

(2)  the registrant is deemed to have collected, and the person is deemed to have paid, at that time, all tax in respect of the supply that is calculated on that consideration, which is deemed to be equal to tax under section 16 calculated on that consideration.

1991, c. 67, s. 318; 1994, c. 22, s. 537; 1997, c. 85, s. 600.

318.0.1. Paragraph 2 of section 318 does not apply in respect of amounts paid or forfeited, and debts or other obligations reduced or extinguished, as a consequence of a breach, modification or termination of an agreement where

(1)  the agreement was entered into in writing before 1 July 1992;

(2)  the amount is paid or forfeited, or the debt or other obligation is reduced or extinguished, as the case may be, after 1992; and

(3)  tax in respect of the amount paid, forfeited or extinguished, or by which the debt or obligation was reduced, as the case may be, was not contemplated in the agreement.

1997, c. 85, s. 601.

318.0.2. Chapters I to V of Title VI do not apply in respect of section 318.

1997, c. 85, s. 601.

318.1. Section 318 does not apply to that part of any amount paid or forfeited in respect of the breach, modification or termination of an agreement for the making of a supply where that part is

(1)  an additional amount that is charged to a person because the consideration for the supply is not paid within a reasonable period and is such an amount referred to in section 57;

(2)  an amount paid by one railway corporation to another railway corporation as or on account of a penalty for failure to return rolling stock within a stipulated time; or

(3)  an amount paid as or on account of demurrage.

1994, c. 22, s. 538.

319. (Repealed).

1991, c. 67, s. 319; 1994, c. 22, s. 539; 1997, c. 85, s. 602.

320. Where at any time after 1 July 1992 property of a person is, for the purpose of satisfying in whole or in part a debt or other obligation owing by the person to another person (in this section and in sections 321 to 324.6 referred to as the “creditor”), seized or repossessed by the creditor under a right or power exercisable by the creditor, other than a right or power that the creditor has under, or because of being a party to, a lease, licence or similar arrangement by which the person acquired the property, the following rules apply:

(1)  the person is deemed to have made, and the creditor is deemed to have received, at that time a supply of the property by way of sale;

(2)  the supply is deemed to have been made for no consideration, except for the purposes of sections 233, 234, 379 and 380;

(3)  where the supply is a taxable supply of an immovable, for the purposes of sections 233, 234, 379 and 380, the tax payable in respect of the supply is deemed to be equal to the tax calculated on the fair market value of the property at that time; and

(4)  where the supply is a supply of an immovable referred to in section 102, 138.1 or 168, for the purposes of sections 233, 234, 379 and 380, the supply is deemed to be a taxable supply and the tax payable in respect of the supply is deemed to be equal to the tax calculated on the fair market value of the property at that time.

1991, c. 67, s. 320; 1994, c. 22, s. 539; 1997, c. 85, s. 603.

321. Subject to section 323, where at any time a creditor who has seized or repossessed property, in circumstances in which section 320 applies, makes a supply, other than an exempt supply, of the property, except where any of sections 323.1 to 323.3 applied at an earlier time in respect of the use of the property by the creditor, the following rules apply:

(1)  the creditor is deemed to have made the supply in the course of a commercial activity of the creditor; and

(2)  anything done by the creditor in the course of, or in connection with, the making of the supply and not in connection with the seizure or repossession is deemed to have been done in the course of the commercial activity.

1991, c. 67, s. 321; 1994, c. 22, s. 539.

322. (Repealed).

1991, c. 67, s. 322; 1994, c. 22, s. 540.

323. Where a court, for the purpose of satisfying an amount owing under a judgment of the court, orders a sheriff, bailiff or other officer of the court to seize property of a debtor and subsequently makes a supply of the property, the supply of the property by the court is deemed to be made otherwise than in the course of a commercial activity.

1991, c. 67, s. 323; 1994, c. 22, s. 541.

323.1. Where a creditor who has seized or repossessed an immovable in circumstances in which section 320 applies or would, but for section 324.6, apply, begins at any time to use the immovable otherwise than in the making of a supply of the property, the creditor is deemed to have made a supply of the property at that time and, except where the supply is an exempt supply, the following rules apply:

(1)  the creditor is deemed to have collected, at that time, tax in respect of the supply equal to the amount determined by multiplying the fair market value of the property at that time by 7.5/107.5; and

(2)  the creditor is deemed to have acquired the property and paid that tax at that time.

1994, c. 22, s. 542; 1995, c. 63, s. 406; 1997, c. 85, s. 604.

323.2. Where a creditor who has seized or repossessed movable property from a person before 1 January 1994, in circumstances in which section 320 applies or would, but for section 324.6, apply, begins at a particular time to use the property otherwise than in the making of a supply of the property, the following rules apply:

(1)  the creditor is deemed to have received, immediately after the particular time, a supply by way of sale of the property; and

(2)  where tax would have been payable had the property been purchased in Québec from the person at the time it was seized or repossessed, the creditor is deemed

(a)  to have made, at the particular time, a taxable supply of the property and to have collected, at that time, tax in respect of that supply equal to the amount determined by multiplying the fair market value of the property at the time it was seized or repossessed by 7.5/107.5, and

(b)  to have paid, immediately after the particular time, tax in respect of the supply referred to in paragraph 1 equal to the amount determined under subparagraph a.

1994, c. 22, s. 542; 1995, c. 63, s. 407; 1997, c. 85, s. 605.

323.3. Where a creditor who has seized or repossessed movable property from a person after 31 December 1993, in circumstances in which section 320 applies or would, but for section 324.6, apply, begins at a particular time to use the property otherwise than in the making of a supply of the property, the following rules apply:

(1)  the creditor is deemed

(a)  to have received, immediately after the particular time, a supply by way of sale of the property, and

(b)  to have paid, immediately after the particular time, all tax payable in respect of the supply, which is deemed to be equal to the amount determined by multiplying the fair market value of the property at the time it was seized or repossessed by 7.5/107.5, except where

i.  the property was, at the time it was seized or repossessed, specified corporeal movable property having a fair market value in excess of the prescribed amount in respect of the property, and

ii.  tax would not have been payable had the property been purchased in Québec from the person at the time it was seized or repossessed; and

(2)  where tax would have been payable had the property been purchased in Québec from the person at the time it was seized or repossessed, the creditor is deemed

(a)  to have made, at the particular time, a taxable supply of the property, and

(b)  to have collected, at the particular time, all tax payable in respect of the supply, which is deemed to be equal to the amount determined by multiplying the fair market value of the property at the time it was seized or repossessed by 7.5/107.5.

1994, c. 22, s. 542; 1995, c. 63, s. 408; 1997, c. 85, s. 606.

324. The rules set out in the second paragraph apply where

(1)  a creditor makes at any time a taxable supply by way of sale, other than a supply deemed under this Title to have been made, of movable property seized or repossessed from a person in circumstances in which section 320 applies;

(2)  the creditor was not deemed under section 323.2, 323.3 or 324.2 to have received a supply of the property at an earlier time;

(3)  no tax would have been payable by the creditor had the property been purchased in Québec by the creditor from the person at the time it was seized or repossessed;

(4)  (subparagraph repealed).

The creditor is deemed to have received a supply of the property, immediately before that time, for consideration equal to the consideration for the supply referred to in subparagraph 1 of the first paragraph, and to have paid, immediately before that time, all tax payable in respect of the supply deemed under this paragraph to have been received, which is deemed to be equal to the amount determined by the formula

A - B.

For the purposes of this formula,

(1)  A is tax calculated on that consideration; and

(2)  B is the total of all amounts each of which is an input tax refund or a rebate under Division I of Chapter VII that the creditor was entitled to claim in respect of the property or an improvement thereto.

1991, c. 67, s. 324; 1994, c. 22, s. 543; 1995, c. 63, s. 409; 1997, c. 85, s. 607.

324.1. Section 324 does not apply where

(1)  the supply referred to in subparagraph 1 of the first paragraph of the said section is made outside Québec or is a zero-rated supply; and

(2)  the property was seized or repossessed by the creditor before 1 January 1994 or was, at the time it was seized or repossessed, specified corporeal movable property having a fair market value in excess of the prescribed amount in respect of the property.

1994, c. 22, s. 544; 1997, c. 85, s. 608.

324.2. The rules set out in the second paragraph apply where

(1)  a creditor makes at any time a taxable supply by way of lease, licence or similar arrangement of movable property seized or repossessed from a person in circumstances in which section 320 applies;

(2)  the creditor was not deemed under section 323.2 or 323.3 to have received a supply of the property at an earlier time; and

(3)  no tax would have been payable had the property been purchased in Québec from the person at the time it was seized or repossessed;

(4)  (subparagraph repealed).

The creditor is deemed to have received a supply of the property, immediately before that time, and to have paid, immediately before that time, all tax payable in respect of the supply, which is deemed to be equal to tax calculated on the fair market value of the property at the time it was seized or repossessed.

1994, c. 22, s. 544; 1995, c. 63, s. 410; 1997, c. 85, s. 609.

324.3. Section 324.2 does not apply where

(1)  the supply referred to in subparagraph 1 of the first paragraph of the said section is made outside Québec or is a zero-rated supply; and

(2)  the property was seized or repossessed by the creditor before 1 January 1994 or was, at the time it was seized or repossessed, specified corporeal movable property having a fair market value in excess of the prescribed amount in respect of the property.

1994, c. 22, s. 544; 1997, c. 85, s. 610.

324.4. For the purposes of sections 320 to 324.3 and sections 324.5 and 324.6, where property is at any time voluntarily transferred by a particular person to another person for the purpose of satisfying in whole or in part a debt or other obligation in respect of which the particular person is in default, the other person is deemed to have seized or repossessed the property from the particular person at that time in circumstances in which section 320 applies.

1994, c. 22, s. 544.

324.5. The rules set out in the second paragraph apply where

(1)  for the purpose of satisfying in whole or in part a debt or other obligation owing by a person, a creditor exercises a right under an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory, or of the Parliament of Canada or an agreement relating to a debt security to cause the supply of property;

(2)  section 323 does not apply to the supply; and

(3)  a receiver, within the meaning assigned by section 310, does not have authority in respect of the property.

The creditor is deemed to have seized the property immediately before the supply and that supply is deemed to have been made by the creditor and not by the person.

1994, c. 22, s. 544; 1997, c. 85, s. 611.

324.5.1. The rules set out in the second paragraph apply where

(1)  for the purpose of satisfying in whole or in part a debt or obligation owing by a person (in this section referred to as the “debtor”), a creditor exercises a right under an Act of the Legislature of Québec, another province, the Northwest Territories, the Yukon Territory, or of the Parliament of Canada or an agreement relating to a debt security to cause the supply of property (in this section referred to as the “first supply”);

(2)  the recipient of the first supply has paid an amount (in this section referred to as the “tax amount”) as or on account of tax with respect to that supply; and

(3)  under the Act or the agreement, the debtor has a right to redeem the property and the debtor exercises that right.

The rules to which the first paragraph refers are as follows:

(1)  the redemption of the property is deemed to be a supply of the property made by way of sale by the recipient of the first supply to the debtor for no consideration; and

(2)  where the property was redeemed from the recipient of the first supply and an amount has been reimbursed by the debtor to the creditor or that recipient on account of the tax amount,

(a)  except for the purposes of sections 320 to 324.6, the debtor is deemed not to have supplied the property to the creditor under section 320 or to have received a supply of the property at the time of the redemption,

(b)  the debtor is deemed, for the purposes of sections 400 to 402, to have paid tax in error at the time of the redemption equal to the amount so reimbursed,

(c)  where the tax amount has been included in determining a rebate or an input tax refund claimed by that recipient in an application or return, the amount of the rebate or the input tax refund shall be added in determining the net tax of that recipient for the reporting period in which the property was redeemed, and

(d)  the tax amount shall not be included in determining a rebate or an input tax refund claimed by that recipient in an application or a return filed after the redemption of the property.

1997, c. 85, s. 612.

324.6. Division VI applies and sections 320, 321 and 324 to 324.4 do not apply where a creditor

(1)  is a receiver, within the meaning of section 310, in respect of property and exercises a right or power to seize or repossess property for the purpose of satisfying in whole or in part a debt or other obligation owing by a person; or

(2)  appoints a mandatary who is a receiver within the meaning of section 310, in respect of property to exercise a right or power to seize or repossess property for the purpose of satisfying in whole or in part a debt or other obligation owing by a person.

1994, c. 22, s. 544.

DIVISION VIII SUCCESSION AND TRUST

1997, c. 85, s. 613.

324.7. Subject to sections 324.8, 324.9 and 326, where an individual dies, this Title applies as though the succession of the individual were the individual and the individual had not died, except that

(1)  the reporting period of the individual during which the individual died ends on the day the individual died; and

(2)  a reporting period of the succession begins on the day after the individual died and ends on the day the reporting period of the individual would have ended if the individual had not died.

1997, c. 85, s. 614.

324.8. For the purposes of sections 324.9 to 326,

“trust” includes the succession of a deceased individual;

“trustee” includes the personal representative of a deceased individual, but does not include a receiver within the meaning assigned by the second paragraph of section 310.

1997, c. 85, s. 614.

324.9. Subject to section 324.10, each trustee of a trust is liable to satisfy every obligation imposed on the trust under this Title, whether the obligation was imposed before or during the period during which the trustee acts as trustee of the trust.

1997, c. 85, s. 614.

324.10. A trustee of a trust is solidarily liable with the trust and each of the other trustees, if any, for the payment or remittance of all amounts that become payable or remittable by the trust before or during the period during which the trustee acts as trustee of the trust.

Notwithstanding the first paragraph, the trustee is liable for the payment or remittance of amounts that became payable or remittable before the period only to the extent of the value of the property and money of the trust under the control of the trustee.

1997, c. 85, s. 614.

324.11. Notwithstanding section 324.9, the Minister may, in writing, waive the requirement for the personal representative of a deceased individual to file a return in prescribed form containing prescribed information for a reporting period of the individual ending on or before the day the individual died.

1997, c. 85, s. 614.

324.12. Where a person acts as trustee of a trust,

(1)  anything done by the person in the person’s capacity as trustee of the trust is deemed to have been done by the trust and not by the person; and

(2)  notwithstanding paragraph 1, where the person is not an officer of the trust, the person is deemed to supply a service to the trust of acting as a trustee of the trust and any amount to which the person is entitled for acting in that capacity that is included, for the purposes of the Taxation Act (chapter I-3), in determining the person’s income or, where the person is an individual, the person’s income from a business, is deemed to be consideration for that supply.

1997, c. 85, s. 614.

325. Where a person settles property on an inter vivos trust,

(1)  the person is deemed to have made and the trust is deemed to have received a supply by way of sale of the property; and

(2)  the supply is deemed to have been made for consideration equal to the amount determined under the Taxation Act (chapter I-3) to be the proceeds of disposition of the property.

1991, c. 67, s. 325; 1993, c. 19, s. 212; 1995, c. 1, s. 291; 1997, c. 85, s. 615.

326. Where a trustee of a trust distributes property of the trust to one or more persons, the distribution of the property is deemed to be a supply of the property made by the trust at the place at which the property is delivered to the persons and for consideration equal to the amount determined under the Taxation Act (chapter I-3) to be the proceeds of disposition of the property.

1991, c. 67, s. 326; 1994, c. 22, s. 545; 1997, c. 85, s. 615.

DIVISION IX NON-RESIDENT PERSON

327. For the purposes of this division, “non-resident person” means a person not resident in Québec who is not registered under Division I of Chapter VIII.

1991, c. 67, s. 327; 1995, c. 1, s. 292; 1995, c. 63, s. 411.

327.1. Where a registrant, under an agreement between the registrant and a non-resident person, makes a taxable supply in Québec of corporeal movable property by way of sale, or a taxable supply in Québec of a service of manufacturing or producing corporeal movable property, to the non-resident person, or acquires physical possession of corporeal movable property, other than property of a person who is resident in Québec or is registered under Division I of Chapter VIII, for the purpose of making a taxable supply of a commercial service in respect of the property to the non-resident person and where, under the agreement, the registrant at any time causes physical possession of the property to be transferred, at a place in Québec, to a third person (in this section referred to as the “consignee”) or to the non-resident person, the following rules apply:

(1)  the registrant is deemed to have made to the non-resident person, and the non-resident person is deemed to have received from the registrant, a taxable supply of the property which is deemed to have been made for consideration, that becomes due and is paid at that time, equal to

(a)  where the registrant has caused physical possession of the property to be transferred to a consignee to whom the non-resident person has supplied the property for no consideration, nil, and

(b)  in any other case, the fair market value of the property at that time; and

(2)  where the registrant made a supply of a service of manufacturing or producing the property or of a commercial service in respect of the property to the non-resident person, except in the case of a supply of a service of storing or shipping the property, the registrant is deemed not to have made that supply of the service.

This section does not apply if the non-resident person is a consumer of the property or service supplied by the registrant under the agreement.

1995, c. 1, s. 293; 1995, c. 63, s. 412; 1997, c. 85, s. 616.

327.2. Section 327.1 does not apply to a supply referred to in subparagraph a of subparagraph 1 where

(1)  a registrant, under an agreement between the registrant and a non-resident person,

(a)  makes a taxable supply in Québec of corporeal movable property by way of sale, or a taxable supply in Québec of a service of manufacturing or producing corporeal movable property, to the non-resident person, or acquires physical possession of corporeal movable property, other than property of a person who is resident in Québec, for the purpose of making a taxable supply of a commercial service in respect of the property to the non-resident person, and

(b)  causes physical possession of the property to be transferred, at a place in Québec, to a third person (in this section referred to as the “consignee”) who is registered under Division I of Chapter VIII;

(2)  the non-resident person is not a consumer of the property or service supplied by the registrant under the agreement; and

(3)  the consignee gives to the registrant, and the registrant retains, a certificate that

(a)  states the consignee’s name and registration number assigned under section 415, and

(b)  acknowledges that the consignee, on taking physical possession of the property, is assuming liability to pay or remit any amount that is or may become payable or remittable by the consignee under section 327.1 or 18 in respect of the property.

Where the first paragraph applies, except in the case of a supply of a service of storing or shipping the property, any supply made by the registrant and referred to in subparagraph a of subparagraph 1 of that paragraph is deemed to have been made outside Québec.

1995, c. 1, s. 293.

327.3. Section 327.1 does not apply to a supply referred to in subparagraph 1 where

(1)  a registrant, under an agreement between the registrant and a non-resident person,

(a)  makes a taxable supply in Québec of corporeal movable property by way of sale to the non-resident person,

(b)  makes a taxable supply in Québec of a service of manufacturing or producing corporeal movable property to the non-resident person, or

(c)  acquires physical possession of corporeal movable property, other than property of a person who is resident in Québec, for the purpose of making a taxable supply of a commercial service in respect of the property to the non-resident person;

(2)  the non-resident person is not a consumer of the property or service supplied by the registrant under the agreement; and

(3)  either

(a)  the registrant causes physical possession of the property to be transferred to a person at a place outside Québec or to a carrier, or the registrant mails the property, for shipping and delivery to a person to a place outside Québec, or

(b)  all of the following conditions are met:

i.  the registrant causes physical possession of the property to be transferred at a place in Québec to the non-resident person or any other person (each of whom is referred to in this subparagraph as the “shipper”) for shipping outside Québec,

ii.  after physical possession of the property is transferred to the shipper, the shipper ships the property outside Québec as soon as is reasonable having regard to the circumstances surrounding the shipping outside Québec and, where applicable, the normal business practices of the shipper and the owner of the property,

iii.  the property has not been acquired by the non-resident person or any owner of the property for consumption, use or supply in Québec at any time after physical possession of the property is transferred to the shipper and before the property is shipped outside Québec,

iv.  after physical possession of the property is transferred to the shipper and before the property is shipped outside Québec, the property is not further processed, transformed or altered except to the extent reasonably necessary or incidental to its transportation, and

v.  the registrant maintains evidence satisfactory to the Minister of the shipping of the property outside Québec or, where the shipper is authorized under section 427.3, the shipper provides the registrant with a certificate in which the shipper certifies that the property will be shipped outside Québec in the circumstances described in subparagraphs ii to iv.

Where the first paragraph applies, except in the case of a supply of a service of storing or shipping the property, any supply made by the registrant and referred to in subparagraph 1 of that paragraph is deemed to have been made outside Québec.

1995, c. 1, s. 293; 1995, c. 63, s. 413.

327.4. For the purposes of this division and of subparagraph 3 of the first paragraph of section 18, where a particular registrant at any time transfers ownership of corporeal movable property to a non-resident person under an agreement for the supply of the property and the particular registrant, or another registrant who has physical possession of the property at that time and who gives the particular registrant a certificate described in subparagraph 3 of the first paragraph of section 327.2, retains physical possession of the property after that time for the purpose referred to in the second paragraph, the following rules apply:

(1)  where the particular registrant so retains physical possession of the property after that time, the particular registrant is deemed to have transferred physical possession of the property at that time to another registrant, to have obtained a certificate of the other registrant described in subparagraph 3 of the first paragraph of section 327.2 and to have acquired physical possession of the property at that time for the purpose referred to in the second paragraph; and

(2)  where another registrant so retains physical possession of the property after that time, the particular registrant is deemed to have transferred physical possession of the property at that time to the other registrant and the other registrant is deemed to have acquired physical possession of the property at that time for the purpose referred to in the second paragraph.

The purpose, referred to in the first paragraph, for which the particular registrant or the other registrant retains physical possession of the property is

(1)  transferring physical possession of the property to the non-resident person, a person (in this paragraph referred to as a “subsequent purchaser”) who subsequently acquires ownership of the property or a person designated by the non-resident person or a subsequent purchaser,

(2)  making a supply of a commercial service in respect of the property to the non-resident person or a subsequent purchaser, or

(3)  consumption, use or supply by that registrant under an agreement for a supply of the property by way of sale or lease to that registrant by the non-resident person, by a subsequent purchaser or by a lessee or sub-lessee of the non-resident person or of the subsequent purchaser.

1995, c. 1, s. 293.

327.5. For the purposes of this division and of subparagraph 3 of the first paragraph of section 18, where a registrant at any time transfers physical possession of corporeal movable property to a depositary solely for the purpose of storing or shipping the property and either the depositary is a carrier to whom physical possession of the property has been transferred solely for the purpose of shipping the property or the depositary has not, at or before that time, given the registrant a certificate described in subparagraph 3 of the first paragraph of section 327.2, the following rules apply:

(1)  where, under the agreement with the depositary for storing or shipping the property, the depositary is required to transfer physical possession of the property to a person, other than the registrant, who is named at that time in the agreement,

(a)  the registrant is deemed to have transferred physical possession of the property to that person at that time and that person is deemed to have acquired physical possession of the property at that time, and

(b)  the registrant is deemed not to have transferred physical possession of the property to the depositary and the depositary is deemed not to have acquired physical possession of the property; and

(2)  where, under the agreement with the depositary for storing or shipping the property, the depositary is required to transfer physical possession of the property to the registrant or to another person (in this section referred to as the “consignee”) who is to be identified at a later time,

(a)  the registrant is deemed to retain physical possession of the property, and the depositary is deemed not to have acquired physical possession of the property, throughout the period beginning at that time and ending at the earliest of

i.  the time the consignee becomes identified,

ii.  the time the depositary transfers physical possession of the property to the registrant, and

iii.  where the depositary is not a carrier to whom physical possession of the property has been transferred for the sole purpose of shipping the property, the time the depositary gives the registrant a certificate of the depositary described in subparagraph 3 of the first paragraph of section 327.2,

(b)  where the depositary is not a carrier to whom physical possession of the property has been transferred for the sole purpose of shipping the property and the depositary, at a particular time before the time the consignee becomes identified, gives the registrant a certificate of the depositary described in subparagraph 3 of the first paragraph of section 327.2, the registrant is deemed to have transferred physical possession of the property to the depositary at the particular time and the depositary is deemed to have acquired physical possession of the property at the particular time for the purpose of making a supply of a commercial service in respect of the property to the owner of the property under an agreement with the owner, and

(c)  where the consignee becomes identified at a particular time before the depositary gives the registrant a certificate of the depositary described in subparagraph 3 of the first paragraph of section 327.2 in the circumstances described in subparagraph b, the registrant is deemed to have transferred physical possession of the property to the consignee at the particular time and the consignee is deemed to have acquired physical possession of the property at the particular time.

For the purposes of subparagraph 2 of the first paragraph, a consignee becomes identified at the earliest of

(1)  the time the registrant gives the consignee such documents in writing as are sufficient to enable the consignee to require the depositary to transfer physical possession of the property to the consignee,

(2)  the time the registrant directs the depositary in writing to transfer physical possession of the property to the consignee, and

(3)  the time the depositary transfers physical possession of the property to the consignee.

1995, c. 1, s. 293.

327.6. For the purposes of this division and of subparagraph 3 of the first paragraph of section 18, where a non-resident person transfers physical possession of corporeal movable property to a depositary who is a registrant for the sole purpose of storing or shipping the property, the depositary is deemed not to have acquired physical possession of the property, if the depositary

(1)  is a carrier who is acquiring physical possession of the property for the sole purpose of shipping the property, or

(2)  does not claim an input tax refund in respect of the property.

1995, c. 1, s. 293; 1997, c. 85, s. 617.

327.7. For the purpose of determining an input tax refund of, or the amount of a rebate payable under subdivision 5 of Division I of Chapter VII to, a particular person, where a non-resident person makes a supply of corporeal movable property to the particular person or, if the particular person is a registrant, causes physical possession of corporeal movable property to be transferred in Québec to the particular person, where the non-resident person has paid tax in respect of the bringing into Québec of the property or has paid tax in respect of a supply of the property deemed under section 327.1 to have been made by a registrant and where the non-resident person provides to the particular person evidence, satisfactory to the Minister, that the tax has been paid, the particular person is deemed

(1)  to have paid, at the time the non-resident person paid that tax, tax in respect of a supply of the property to the particular person equal to that tax, and

(2)  where the particular person is a registrant and the non-resident person causes physical possession of the property to be transferred in Québec to the particular person, to have acquired the property for use exclusively in commercial activities of the particular person.

This section applies only

(1)  where the non-resident person makes a supply of the property to the particular person, if the non-resident person delivers the property, or makes it available, in Québec to the particular person before the property is used in Québec by or on behalf of the non-resident person, or

(2)  where the particular person is a registrant and the non-resident person causes physical possession of the property to be transferred in Québec to the particular person, if the non-resident person does so in circumstances in which the particular person is acquiring physical possession of the property for the purpose of making a taxable supply of a commercial service in respect of the property to the non-resident person.

1995, c. 1, s. 293.

DIVISION IX.1 OUTSIDE TRAVEL

1997, c. 85, s. 618.

327.8. For the purposes of this division,

“outside flight” means any flight, other than a flight originating and terminating in Québec, of an aircraft that is operated by a person in the course of a business of supplying passenger transportation services;

“outside voyage” means any voyage, other than a voyage originating and terminating in Québec, of a vessel that is operated by a person in the course of a business of supplying passenger transportation services.

1997, c. 85, s. 618.

327.9. Where a supply of corporeal movable property or a service, other than a passenger transportation service, is made to an individual on board an aircraft on an outside flight or a vessel on an outside voyage and physical possession of the property is transferred to the individual, or the service is wholly performed, on board the aircraft or vessel, the supply is deemed to have been made outside Québec.

1997, c. 85, s. 618.

DIVISION X CLOSELY RELATED GROUP

328. The expression “qualifying subsidiary” of a particular corporation means another corporation resident in Québec not less than 90% of the value and number of the issued and outstanding shares of the capital stock of which, having full voting rights under all circumstances, are owned by the particular corporation.

1991, c. 67, s. 328.

329. The expression “qualifying subsidiary” of a particular corporation includes, in addition to the meaning assigned by section 328,

(1)  a corporation that is a qualifying subsidiary of a qualifying subsidiary of the particular corporation;

(2)  where the particular corporation is a credit union, every other credit union; and

(3)  where the particular corporation is a member of a mutual insurance group, every other member of that group.

1991, c. 67, s. 329; 1994, c. 22, s. 546.

330. The expression “closely related group” means a group of corporations each member of which is closely related, within the meaning of sections 332 and 333, to each other member of the group.

1991, c. 67, s. 330.

331. For the purposes of sections 334 to 336, “specified member” of a closely related group means a corporation that is a member of the group all or substantially all of the property of which was last manufactured, constructed, produced, acquired or brought into Québec for consumption, use or supply exclusively in the course of commercial activities of the corporation or, where the corporation has no property, all or substantially all of the supplies made by which are taxable supplies.

1991, c. 67, s. 331; 1994, c. 22, s. 547; 1999, c. 83, s. 315.

332. A particular corporation and another corporation are closely related to each other at any time if at that time the particular corporation is resident in Québec and is a registrant and at that time

(1)  the other corporation is resident in Québec and is a registrant and not less than 90% of the value and number of the issued and outstanding shares of the capital stock of the other corporation, having full voting rights in all circumstances, are owned by

(a)  the particular corporation;

(b)  a qualifying subsidiary of the particular corporation;

(c)  a corporation of which the particular corporation is a qualifying subsidiary;

(d)  a qualifying subsidiary of a corporation of which the particular corporation is a qualifying subsidiary;

(e)  any combination of the corporations or subsidiaries referred to in subparagraphs a to d; or

(f)  (subparagraph repealed);

(2)  the other corporation is a prescribed corporation in relation to the particular corporation.

For the purposes of this section, an insurer not resident in Québec that has a permanent establishment in Québec is deemed to be resident in Québec.

1991, c. 67, s. 332; 1994, c. 22, s. 548.

333. Where under section 332 two corporations resident in Québec are closely related to the same corporation, or would be so related if all of the corporations were resident in Québec, they are closely related to each other.

1991, c. 67, s. 333.

333.1. For the purposes of sections 332 and 333, an investment fund that is a member of a mutual insurance group is deemed to be a corporation.

1994, c. 22, s. 549.

334. For the purposes of this section, where a specified member of a closely related group elects jointly with a corporation that is also a specified member of the group, every taxable supply made between the specified member and the corporation at a time when the election is in effect is deemed to have been made for no consideration.

This section does not apply in respect of

(1)  a supply by way of sale of an immovable;

(2)  a supply of property, or of a service, that is not acquired by the recipient of the supply for consumption, use or supply exclusively in the course of commercial activities of the recipient;

(3)  (subparagraph repealed);

(4)  a supply of property or a service to an insurer who is a registrant and who acquires it for any of the purposes referred to in section 280;

(5)  a supply of property or a non-financial service to a registrant who acquires it for the purposes referred to in section 281.

1991, c. 67, s. 334; 1993, c. 19, s. 213; 1994, c. 22, s. 550; 1995, c. 63, s. 414.

335. An election under section 334 made jointly by a person who is a specified member of a closely related group and a corporation ceases to have effect on the earliest of

(1)  the day the person ceases to be a specified member of the group;

(2)  the day the corporation ceases to be a specified member of the group; and

(3)  the day a revocation of the election made jointly by the person and the corporation takes effect.

1991, c. 67, s. 335; 1994, c. 22, s. 550.

336. An election under section 334 and a revocation of the election shall be made in prescribed form containing prescribed information and shall specify the effective date thereof.

1991, c. 67, s. 336; 1994, c. 22, s. 550.

337. The following rules apply to credit unions:

(1)  every credit union is deemed to be at all times a member of a closely related group of which every other credit union is a member;

(2)  every credit union is deemed to have made an election under section 334 with every other credit union that is in effect at all times.

1991, c. 67, s. 337.

337.1. The following rules apply to the members of a mutual insurance group:

(1)  every member of a mutual insurance group is deemed to be at all times a member of a closely related group of which every other member of the mutual insurance group is a member; and

(2)  every member of a mutual insurance group is deemed to have made, with every other member of the mutual insurance group, an election under section 334 that is in effect at all times.

1994, c. 22, s. 551.

DIVISION XI DIVISIONS OR BRANCHES OF PUBLIC SERVICE BODY

1994, c. 22, s. 552.

337.2. For the purposes of this division, a small supplier division of a public service body, at any time, means a division or branch of the public service body that, at that time,

(1)  is a division or branch designated by the Minister as an eligible division for the purposes of this section and of sections 338 to 341.3; and

(2)  would be a small supplier under paragraph 1 of the definition of “small supplier” in section 1 if

(a)  the division or branch were a person separate from the public service body and its other divisions or branches,

(b)  the division or branch were not associated with any other person, and

(c)  every supply made by the public service body through the division or branch were made by the division or branch.

1994, c. 22, s. 552; 1995, c. 1, s. 294.

338. A public service body that is engaged in one or more activities in separate divisions or branches may apply to the Minister, in prescribed form containing prescribed information, to have the division or branch specified in the application designated by the Minister as an eligible division for the purposes of section 337.2, this section and sections 339 to 341.3.

1991, c. 67, s. 338; 1994, c. 22, s. 552.

339. Where the Minister receives an application under section 338, the Minister may, by notice in writing, designate the division or branch specified in the application as an eligible division for the purposes of sections 337.2 and 338, this section and sections 340 to 341.3, effective on a day specified in the notice, if the Minister is satisfied that the division or branch can be separately identified by reference to its location or the nature of the activities engaged in by it, that separate records, books of account and accounting systems are maintained in respect of the division or branch and that a revocation pursuant to a request made under paragraph 3 of section 340 by the public sercice body in respect of the division or branch has not become effective in the 365-day period ending on the day specified in the notice.

1991, c. 67, s. 339; 1994, c. 22, s. 552.

340. The Minister may, in writing, revoke a designation under section 339 of a division or branch of a public service body where

(1)  the division or branch can no longer be separately identified by reference to its location or the nature of the activities engaged in by it;

(2)  separate records, books of account and accounting systems are not maintained in respect of the division or branch; or

(3)  the public service body makes a request in writing to the Minister that the designation be revoked.

1991, c. 67, s. 340; 1994, c. 22, s. 552.

341. Where under section 340 the Minister revokes a designation, the Minister shall send a notice in writing of the revocation to the public service body and shall specify therein the effective date of the revocation.

1991, c. 67, s. 341; 1994, c. 22, s. 552.

341.0.1. Notwithstanding sections 338 to 341, where a public service body applies to the Minister of National Revenue under subsection 2 of section 129 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) to have the division or branch specified in the application designated by the Minister of National Revenue as an eligible division for the purposes of section 129 of that Act,

(1)  the body is not required to make an application under section 338;

(2)  the body is deemed to have received a notice in writing from the Minister under section 339 designating the division or branch specified in the application as an eligible division or branch for the purposes of sections 337.2 to 341.3, from the day on which the division or branch is designated by the Minister of National Revenue, by a notice in writing, as an eligible division or branch for the purposes of section 129 of that Act;

(3)  the designation deemed to have been made under section 339 is deemed to have been revoked from the day on which the designation under subsection 3 of section 129 of that Act is revoked under subsection 4 of section 129 of that Act; and

(4)  the notice in writing sent to the body under subsection 5 of section 129 of that Act is deemed to be a notice in writing sent to the body under section 341 and the effective date of the notice is deemed to be the effective date of the revocation.

The Minister may require that the body inform the Minister in prescribed form containing prescribed information and in the manner and within the time prescribed by the Minister of any designation under subsection 3 of section 129 of that Act or of any revocation of a designation, or require that the body transmit to the Minister a notice of designation or of revocation of a designation.

1997, c. 85, s. 619.

341.1. Where a division or branch of a public service body that is a registrant becomes at any time a small supplier division and the public service body does not, at that time, cease to be a registrant, the public service body is deemed

(1)  to have made, immediately before that time, a supply of each of its properties, other than capital property or an improvement thereto, that was held immediately before that time for consumption, use or supply in the course of commercial activities of the body and that the body begins, immediately after that time, to hold for consumption, use or supply primarily in the course of activities engaged in by the body through its small supplier divisions; and

(2)  except where the supply is an exempt supply, to have collected, immediately before that time, tax in respect of the supply equal to the total of all input tax refunds in respect of the property that the body was entitled to claim at or before that time.

1994, c. 22, s. 552; 1995, c. 63, s. 415.

341.2. Where, at any time in a particular reporting period of a public service body that is a registrant, a division or branch of the body becomes a small supplier division and the body does not, at that time, cease to be a registrant, the rules prescribed in section 341.3 apply in determining the input tax refund and in determining the net tax of the body if, in or before the particular reporting period, tax became payable, or was paid without having become payable, by the body and is calculated on consideration, or a part thereof, that

(1)  is a rent, royalty or similar payment in respect of property and that is reasonably attributable to a period (referred to as the “lease period” for the purposes of section 341.3) after that time; or

(2)  is reasonably attributable to services that are to be rendered after that time.

1994, c. 22, s. 552.

341.3. In determining the input tax refund claimed in respect of the tax referred to in section 341.2 by the public services body in the return under section 468 for the particular reporting period or any subsequent reporting period, there shall not be included any portion of the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the tax referred to in section 341.2; and

(2)  B is the extent, expressed as a percentage, to which the property is used by the public service body during the lease period, or the services were acquired or brought into Québec by the body for consumption, use or supply, in the course of activities engaged in by the body through the division or branch.

Where all or any portion of the amount determined under the first paragraph was included in determining an input tax refund claimed by the public service body in a return under section 468 for a reporting period ending before the particular reporting period, that amount or portion thereof shall be added in determining the net tax for the particular reporting period.

1994, c. 22, s. 552.

341.4. Where a public service body makes a taxable supply, other than a supply of alcoholic beverages or of an immovable by way of sale, or other than the retail sale of tobacco within the meaning of the Tobacco Tax Act (chapter I-2), through a division or branch of the body and the consideration or a part thereof for the supply becomes due to the body at a time when the division or branch is a small supplier division or is paid to the body at such a time without having become due,

(1)  that consideration or part thereof, as the case may be, shall not be included in calculating the tax payable in respect of the supply nor in determining the threshold amount of the body under sections 462 to 462.1.1;

(2)  (subparagraph repealed);

(3)  that supply is deemed not to have been made by a registrant.

However, the exception provided for in the first paragraph in respect of the supply of alcoholic beverages does not apply if the supply is made by a public service body which is not required to be registered under this Title at the time of the supply.

1994, c. 22, s. 552; 1995, c. 63, s. 416; 1997, c. 14, s. 341.

341.5. In determining the input tax refund of a public service body, there shall not be included an amount in respect of tax that at any time became payable, or was paid without having become payable, by the body, to the extent that the tax

(1)  is in respect of the acquisition or bringing into Québec of property, other than capital property or an improvement thereto, of the body for the purpose of consumption, use or supply in the course of activities engaged in by the body through a small supplier division of the body; or

(2)  is calculated on consideration, or a part thereof, that is reasonably attributable to services that were, before that time, consumed, used or supplied by the body in the course of activities engaged in by the body through a small supplier division of the body or that are, at that time, intended to be so consumed, used or supplied.

1994, c. 22, s. 552.

341.6. Where property is supplied by way of lease, licence or similar arrangement to a public service body for consideration that includes two or more periodic payments that are attributable to successive parts (each of which is referred to in this section as a “lease interval”) of the period for which possession or use of the property is provided under the arrangement, no amount of tax that became payable, or was paid without having become payable, by the body, in a reporting period in respect of the supply of property, calculated on a particular periodic payment, shall be included in determining an input tax refund of the body for the reporting period to the extent that the body intended, at the beginning of the lease interval to which the particular periodic payment is attributable, to use the property in the course of activities engaged in by the body through a small supplier division of the body.

1994, c. 22, s. 552.

341.7. Where a public service body that is a registrant begins at any time to hold property of the body, other than capital property, for consumption, use or supply primarily in the course of activities engaged in by the body through its small supplier divisions, and immediately before that time, the body was holding the property for consumption, use or supply in the course of commercial activities of the body, and otherwise than primarily in the course of activities engaged in by the body through its small supplier divisions, the body is deemed, except where section 341.1 or section 209 applies,

(1)  to have made, immediately before that time, a supply of the property; and

(2)  except where the supply is an exempt supply, to have collected, immediately before that time, tax in respect of the supply equal to the total of all input tax refunds in respect of the property that the body was entitled to claim at or before that time.

1994, c. 22, s. 552; 1995, c. 63, s. 417.

341.8. For the purpose of determining an input tax refund of a public service body, the second paragraph applies, except where section 207 applies, where

(1)  the body begins, at any time, to hold property of the body, other than capital property, for consumption, use or supply primarily in the course of activities engaged in by the body otherwise than through its small supplier divisions;

(2)  immediately before that time the property was held by the body for consumption, use or supply primarily in the course of activities engaged in by the body through its small supplier divisions; and

(3)  immediately after that time the property is held by the body for consumption, use or supply in the course of commercial activities engaged in by the body otherwise than through its small supplier divisions.

The public service body is deemed to have received a supply of the property and to have paid, at that time, tax in respect of the supply equal to the lesser of

(1)  the amount, if any, by which the total of all amounts each of which is tax that, before that time, was paid or became payable by the body in respect of the last acquisition or bringing into Québec of the property or that was deemed under section 341.1 to have been collected by the body in respect of the property exceeds the total of all refunds and rebates that the body was entitled to claim under this Title before that time in respect of that acquisition or bringing into Québec; and

(2)  the amount that is the tax calculated on the fair market value of the property at that time.

1994, c. 22, s. 552; 1995, c. 63, s. 418.

341.9. For the purpose of determining an input tax refund in respect of capital property of a public service body and for the purposes of subdivision 5 of Division II of Chapter V, an activity engaged in by a public service body is deemed not to be a commercial activity of the body to the extent that the activity is engaged in through a small supplier division of the body.

1994, c. 22, s. 552.

DIVISION XII UNINCORPORATED ORGANIZATION

342. Where a particular unincorporated organization is a member of another unincorporated organization, the particular organization and the other organization may apply jointly to the Minister, in prescribed form containing prescribed information, to have the particular organization deemed to be a branch of the other organization and not to be a separate person.

1991, c. 67, s. 342.

343. Where the Minister receives an application under section 342 made by a particular unincorporated organization and another unincorporated organization and is satisfied that it is appropriate, for the purposes of this Title, to approve the application, the Minister may, in writing, approve the application.

Thereafter, the particular unincorporated organization is deemed to be a branch of the other organization and not to be a separate person, except as regards

(1)  the purposes for which the particular unincorporated organization is deemed under section 339 to be a separate person;

(2)  (subparagraph repealed).

1991, c. 67, s. 343; 1993, c. 19, s. 214; 1995, c. 63, s. 419.

344. Where either the particular unincorporated organization or the other organization referred to in section 342 requests the Minister in writing to revoke the approval granted under section 343, the Minister may revoke the approval.

Thereafter, the particular unincorporated organization is deemed to be a separate person and not to be a branch of the other organization.

1991, c. 67, s. 344.

345. Where under section 344 the Minister revokes an approval, the Minister shall send a notice in writing of the revocation to the organizations affected and shall specify therein the effective date of the revocation.

1991, c. 67, s. 345.

DIVISION XIII PARTNERSHIP AND JOINT VENTURE

1997, c. 85, s. 620.

345.1. Anything done by a person as a member of a partnership is deemed to have been done by the partnership in the course of the partnership’s activities and not to have been done by the person.

1997, c. 85, s. 621.

345.2. Notwithstanding section 345.1, where property or a service is acquired or brought into Québec by a member of a partnership for consumption, use or supply in the course of activities of the partnership but not on the account of the partnership, the following rules apply:

(1)  except as otherwise provided in section 212, the partnership is deemed not to have acquired or brought into Québec the property or service;

(2)  where the member is not an individual, for the purpose of determining an input tax refund or rebate of the member in respect of the property or service and, in the case of property that is acquired or brought into Québec for use as capital property of the member, applying subdivision 5 of Division II of Chapter V in relation to the property,

(a)  section 345.1 does not apply to deem the member not to have acquired or brought into Québec the property or service, and

(b)  the member is deemed to be engaged in those activities of the partnership; and

(3)  where the member is not an individual and the partnership at any time pays an amount to the member as a reimbursement and is entitled to claim an input tax refund in respect of the property or service in circumstances in which section 212 applies, any input tax refund in respect of the property or service that the member would, but for this section, be entitled to claim in a return of the member that is filed with the Minister after that time shall be reduced by the amount of the input tax refund that the partnership is entitled to claim.

1997, c. 85, s. 621.

345.3. Where a person who is or agrees to become a member of a partnership makes a supply of property or a service to the partnership otherwise than in the course of the partnership’s activities,

(1)  where the property or service is acquired by the partnership for consumption, use or supply exclusively in the course of commercial activities of the partnership, any amount that the partnership agrees to pay to or credit the person in respect of the property or service is deemed to be consideration for the supply that becomes due at the time the amount is paid or credited; and

(2)  in any other case, the supply is deemed to have been made for consideration that becomes due at the time the supply is made equal to the fair market value at that time of the property or service acquired by the partnership determined as if the person were not a member of the partnership and were dealing at arm’s length with the partnership.

1997, c. 85, s. 621.

345.4. Where a partnership disposes of property of the partnership to a person who, at the time the disposition is agreed to or otherwise arranged, is or has agreed to become a member of the partnership or to a person as a consequence of that person ceasing to be a member of the partnership,

(1)  the partnership is deemed to have made to the person, and the person is deemed to have received from the partnership, a supply of the property for consideration that becomes due at the time the property is disposed of equal to the total fair market value of the property (including the fair market value of the person’s interest in the property) immediately before that time; and

(2)  section 286 does not apply in respect of the supply.

1997, c. 85, s. 621.

345.5. A partnership and each member or former member (each of which is referred to in this section as the “member”) of the partnership, other than a member who is a limited partner and is not a general partner, are solidarily liable for

(1)  the payment or remittance of all amounts that become payable or remittable by the partnership before or during the particular period during which the member is a member of the partnership or, where the member was a member of the partnership at the time the partnership was dissolved, after the dissolution of the partnership; and

(2)  all other obligations under this Title that arose before or during the particular period for which the partnership is liable or, where the member was a member of the partnership at the time the partnership was dissolved, the obligations that arose upon or as a consequence of the dissolution.

Notwithstanding subparagraph 1 of the first paragraph,

(1)  the member is liable for the payment or remittance of amounts that become payable or remittable before the particular period only to the extent of the value of the property and money of the partnership; and

(2)  the payment or remittance by the partnership or by any member thereof of an amount in respect of the liability discharges the joint liability to the extent of that amount.

1997, c. 85, s. 621.

345.6. Where a partnership would, but for this section, be regarded as having ceased to exist, the partnership is deemed not to have ceased to exist until the registration of the partnership is cancelled.

1997, c. 85, s. 621.

345.7. A partnership is deemed to be a continuation of and the same person as a particular partnership where

(1)  the particular partnership would, but for this section and sections 345.1 to 345.6, be regarded as having ceased at any time to exist;

(2)  a majority of the members of the particular partnership that together had, at or immediately before that time, more than a 50% interest in the capital of the particular partnership become members of the partnership of which they comprise more than half of the members; and

(3)  the members of the particular partnership who become members of the partnership transfer to the partnership all or substantially all of the property distributed to them in settlement of their capital interests in the particular partnership.

The first paragraph does not apply where the partnership is registered or applies for registration under Division I of Chapter VIII.

1997, c. 85, s. 621.

346. Where a registrant (in this division referred to as an “operator”) is a participant in a joint venture, other than a partnership, under an agreement, evidenced in writing, with another person (in this division referred to as a “co-venturer”) for the exploration or exploitation of mineral deposits or for a prescribed activity, and the operator and the co-venturer jointly make an election under this section, the following rules apply:

(1)  all properties and services that are, during the period the election is in effect, supplied, acquired or brought into Québec under the agreement by the operator on behalf of the co-venturer in the course of the activities for which the agreement was entered into are deemed to be supplied, acquired or brought into Québec, as the case may be, by the operator and not by the co-venturer;

(2)  sections 41.0.1 to 41.6 do not apply in respect of a supply referred to in paragraph 1; and

(3)  all supplies of property or services made, during the period the election is in effect, under the agreement by the operator to the co-venturer are deemed not to be supplies to the extent that the property or services are, but for this division, acquired by the co-venturer for consumption, use or supply in the course of commercial activities for which the agreement was entered into.

1991, c. 67, s. 346; 1994, c. 22, s. 553; 1995, c. 63, s. 420.

346.1. Paragraph 1 of section 346 does not apply to the acquisition or bringing into Québec of property or a service by an operator on behalf of a co-venturer where the property or service is so acquired or brought into Québec for consumption, use or supply in the course of activities that are not commercial activities and the operator

(1)  is a government other than a prescribed mandatary of the Government; or

(2)  would not be required, because of a federal Act or an Act of the Legislature of Québec other than this Act, to pay tax in respect of the acquisition or bringing into Québec of the property or service if the operator acquired or brought into Québec the property or service for that purpose otherwise than on behalf of the co-venturer.

1994, c. 22, s. 554; 1995, c. 63, s. 421.

346.2. An operator and a co-venturer who have jointly made an election under this division may jointly revoke the election.

1994, c. 22, s. 554.

346.3. An election or revocation under this division shall be made in prescribed form containing prescribed information and shall specify the effective date of the election or revocation.

1994, c. 22, s. 554.

346.4. Where a registrant and another person make, or purport to make, an election under section 346, the registrant and the other person are solidarily liable for all obligations under this Title that result from the activities for which the agreement was entered into and that are or would be, but for this division, engaged in by the registrant on behalf of the other person.

1994, c. 22, s. 554; 1995, c. 63, s. 510; 1997, c. 85, s. 622.

347. Where an operator who is a participant in a joint venture, other than a partnership, under an agreement referred to in section 346 and entered into before 1 July 1992 with a co-venturer files a return for the operator’s first reporting period beginning after 30 June 1992 in which all property and services supplied, acquired or brought into Québec by the operator on behalf of the co-venturer in the course of the activities for which the agreement was entered into were supplied, acquired or brought into Québec, as the case may be, by the operator and not by the co-venturer, the operator is deemed to have made an election jointly with the co-venturer in accordance with section 346.3.

This section applies as between an operator and a co-venturer, only where

(1)  the operator sends a notice in writing to the co-venturer not later than 30 June 1992, of the operator’s intention to file the return referred to in the first paragraph; and

(2)  the co-venturer has not, on or before the day that is the earlier of 1 August 1992 and the day that is 30 days after receipt of the notice from the operator, advised the operator, in writing that all property and services supplied, acquired or brought into Québec under the agreement by the operator on the co-venturer’s behalf in the course of the activities for which the agreement was entered into are not to be treated as having been supplied, acquired or brought into Québec by the operator.

1991, c. 67, s. 347; 1994, c. 22, s. 555.

348. For the purposes of this division, where a particular person has made an election under this division with respect to a joint venture and at any time during the period the election is in effect another person becomes a participant in the venture by acquiring an interest in it from the particular person, the other person is deemed to have made, at that time, an election in accordance with section 346.3 with respect to the venture jointly with the operator of the venture.

1991, c. 67, s. 348; 1994, c. 22, s. 555.

DIVISION XIV LISTED FINANCIAL INSTITUTION

349. Where at any time two or more corporations are merged or amalgamated to form one corporation (in this section referred to as the “new corporation”) and the principal business of the new corporation immediately after that time is the same as or similar to the business of one or more of the merged or amalgamated corporations that immediately before that time was a listed financial institution, the new corporation is a listed financial institution throughout the taxation year of the new corporation that began at that time.

1991, c. 67, s. 349.

350. Where a particular person, at any time in a taxation year of the particular person, acquires a business as a going concern from another person who was immediately before that time a listed financial institution, and immediately after that time the principal business of the particular person is the business so acquired, the particular person is a listed financial institution throughout the part of that taxation year that follows the acquisition.

1991, c. 67, s. 350.

DIVISION XV COUPONS, DISCOUNTS AND GIFT CERTIFICATES

1994, c. 22, s. 556.

350.1. For the purposes of this section and sections 350.2 to 350.5,

“coupon” includes a ticket, receipt or other device but does not include a gift certificate;

“tax fraction” of a coupon value or of the discount or exchange value of a coupon means 7.5/107.5.

1994, c. 22, s. 556; 1997, c. 85, s. 623.

350.2. Where at any time a registrant accepts, in full or partial consideration for a taxable supply of property or a service, other than a zero-rated supply, a coupon that entitles the recipient of the supply to a reduction of the price of the property or service equal to a fixed dollar amount specified in the coupon (in this section referred to as the “coupon value”) and the registrant can reasonably expect to be paid an amount for the redemption of the coupon by another person, the following rules apply, except in respect of section 425:

(1)  the tax collectible by the registrant in respect of the supply is deemed to be the tax that would be collectible if the coupon were not accepted;

(2)  the registrant is deemed to have collected, at that time, a portion of the tax collectible equal to the tax fraction of the coupon value; and

(3)  the tax payable by the recipient in respect of the supply is deemed to be the amount determined by the formula

A − B.

For the purposes of this formula,

(1)  A is the tax collectible by the registrant in respect of the supply; and

(2)  B is the tax fraction of the coupon value.

1994, c. 22, s. 556; 1995, c. 1, s. 295.

350.3. Where at any time a registrant accepts, in full or partial consideration for a taxable supply of property or a service, other than a zero-rated supply, a coupon that entitles the recipient of the supply to a reduction of the price of the property or service equal to a fixed dollar amount specified in the coupon or a fixed percentage, specified in the coupon (the amount of which reduction is, in each case, referred to in this section as the “coupon value”) and the registrant can reasonably expect not to be paid an amount for the redemption of the coupon by another person,

(1)  the registrant shall treat the coupon

(a)  as reducing the value of the consideration for the supply as provided for in section 350.4, where subsection 4 of section 181 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) applies to the coupon, or

(b)  as a partial cash payment that does not reduce the value of the consideration for the supply; and

(2)  where the registrant treats the coupon as a partial cash payment that does not reduce the value of the consideration for the supply, subparagraphs 1 to 3 of the first paragraph of section 350.2 apply in respect of the supply and the coupon and the registrant may claim an input tax refund for the reporting period of the registrant that includes that time equal to the tax fraction of the coupon value.

1994, c. 22, s. 556; 1995, c. 1, s. 296; 1997, c. 85, s. 624.

350.4. Where a registrant accepts, in full or partial consideration for a supply of property or a service, a coupon that may be exchanged for the property or service or that entitles the recipient of the supply to a reduction of the price of the property or service and section 350.2 does not apply in respect of the coupon, the value of the consideration for the supply is deemed to be the amount by which the value of the consideration for the supply as otherwise determined exceeds the discount or exchange value of the coupon.

1994, c. 22, s. 556.

350.5. Where a supplier who is a registrant, in full or partial consideration for a taxable supply of property or a service, accepts a coupon that may be exchanged for the property or service or that entitles the recipient of the supply to a reduction of the price of the property or service, and a particular person at any time pays, in the course of a commercial activity of the particular person, an amount to the supplier for the redemption of the coupon, the following rules apply:

(1)  the amount is deemed not to be consideration for a supply; and

(2)  where the supply is not a zero-rated supply and the coupon entitled the recipient to a reduction of the price of the property or service equal to a fixed dollar amount specified in the coupon or a fixed percentage, specified in the coupon, of the price (the amount of which reduction is, in each case, referred to in this section as the «coupon value»), the particular person, if a registrant at the time of the payment, may claim an input tax refund for the reporting period of that particular person that includes that time equal to the tax fraction of the coupon value.

Subparagraph 2 of the first paragraph does not apply where all or part of the coupon value is an amount of an adjustment, refund or credit to which section 449 applies or where the particular person is, at the time of the payment, a prescribed registrant referred to in section 279.

1994, c. 22, s. 556; 1995, c. 1, s. 297; 1997, c. 85, s. 625.

350.6. Where a registrant makes a taxable supply in Québec of property or a service, other than a zero-rated supply, a particular person acquires the property or service, either from the registrant or from another person, the registrant pays, at any time, a rebate in respect of the property or service to the particular person and therewith provides written indication that a portion of the rebate is an amount on account of tax, and section 449 does not apply to the rebate, the following rules apply:

(1)  the registrant may claim an input tax refund for the reporting period of the registrant that includes that time equal to the amount obtained when 7.5/107.5 (in this section referred to as the “tax fraction in respect of the rebate”) is multiplied by the amount of the rebate;

(2)  where the particular person is a registrant who was entitled to claim an input tax refund, or a rebate under Division I of Chapter VII, in respect of the acquisition of the property or service, the particular person is deemed

(a)  to have made a taxable supply, and

(b)  to have collected, at that time, tax in respect of the supply equal to the amount determined by the formula

                          B
                     A x --- x D.
                          C      

For the purposes of this formula,

(1)  A is the tax fraction in respect of the rebate;

(2)  B is the input tax refund, or the rebate under Division I of Chapter VII, that the particular person was entitled to claim in respect of the acquisition of the property or service;

(3)  C is the tax payable by the particular person in respect of the acquisition of the property or service; and

(4)  D is the amount of the rebate paid to the particular person by the supplier.

1994, c. 22, s. 556; 1995, c. 1, s. 298; 1995, c. 63, s. 422; 1997, c. 85, s. 626.

350.7. The issuance or sale of a gift certificate for consideration is deemed not to be a supply.

In addition, when given as consideration for a supply of property or a service, the gift certificate is deemed to be money.

1994, c. 22, s. 556.

DIVISION XVI GAMES OF CHANCE

1994, c. 22, s. 556.

350.8. For the purposes of this division,

“distributor” of an issuer means a person who supplies rights of an issuer

(1)  as mandatary of the issuer, or

(2)  on the person’s own behalf;

“issuer” means a registrant who is a prescribed registrant referred to in section 279;

“right” of an issuer means a right to play or participate in a game of chance conducted by the issuer.

1994, c. 22, s. 556.

350.9. Where an issuer makes a supply of a right of the issuer to a distributor of the issuer,

(1)  in the case of a taxable supply, tax is deemed not to be payable by the distributor in respect of the supply; and

(2)  the distributor is not entitled to any rebate under sections 400 to 402.0.2 in respect of the supply.

1994, c. 22, s. 556.

350.10. Where a particular distributor of an issuer makes a supply of a right of the issuer,

(1)  if the recipient of the supply is another distributor of the issuer, the supply is deemed, except for the purposes of this division, not to have been made by the particular distributor and not to have been received by the other distributor;

(2)  if the recipient of the supply is the issuer, the supply is deemed, except for the purposes of this division, not to have been made by the particular distributor; and

(3)  if the recipient of the supply is any other person,

(a)  the supply is deemed to be a supply made by the issuer and not by the particular distributor, and

(b)  any tax in respect of the supply that is collected by the particular distributor is deemed to have been collected by the issuer and not by the particular distributor.

1994, c. 22, s. 556.

350.11. The following supplies are deemed not to be supplies:

(1)  supplies made to an issuer by a distributor of the issuer of a service in respect of

(a)  the supply of rights of the issuer,

(b)  the awarding, payment or delivery of prizes won in games of chance conducted by the issuer, or

(c)  the maintenance and repair of equipment used by the distributor in the supplying of rights of the issuer; and

(2)  supplies made by an issuer to a distributor of the issuer of a service in respect of

(a)  the supply of rights of the issuer, or

(b)  the awarding, payment or delivery of prizes won in games of chance conducted by the issuer.

1994, c. 22, s. 556.

350.12. The following are deemed not to be consideration for a supply:

(1)  promotional bonuses and prizes given by an issuer to a distributor of the issuer for or in respect of the supply by the distributor of rights of the issuer; and

(2)  amounts paid to an issuer by a distributor of the issuer for or on account of damage to property of the issuer.

1994, c. 22, s. 556.

DIVISION XVII BUYING GROUPS

1994, c. 22, s. 556.

350.13. For the purposes of this division,

“original supplier” of corporeal movable property or a service means a person who makes a taxable supply of the property or service to another person who, in turn, supplies the property or service by way of a pass-through supply;

“pass-through supply” means a taxable supply of corporeal movable property or a service made by a person for consideration that is equal to the consideration paid or payable by the person to the supplier who supplied the property or service to the person;

“ultimate recipient” means a recipient of a pass-through supply.

1994, c. 22, s. 556; 1995, c. 63, s. 423.

350.14. A particular person may apply to the Minister, in prescribed form containing prescribed information and filed with and as prescribed by the Minister, to be designated as a buyer where

(1)  all or substantially all of the supplies of property and services made by the particular person in the ordinary course of the particular person’s business are pass-through supplies;

(2)  in respect of each pass-through supply of corporeal movable property or a service made by the particular person, the original supplier of the property or service causes physical possession of the property to be transferred to, or renders the service to, the ultimate recipient, or to another person on behalf of the ultimate recipient, and not to the particular person; and

(3)  in respect of each pass-through supply of corporeal movable property or a service made by the particular person, the ultimate recipient pays, on behalf of the particular person, to the original supplier of the property or service, the amount payable by the particular person to the original supplier as consideration for the property or service.

1994, c. 22, s. 556.

350.15. Where the Minister receives an application of a person under section 350.14, the Minister may, subject to such conditions as the Minister may at any time impose, designate the person as a buyer and notify the person in writing of the designation and the day it becomes effective.

1994, c. 22, s. 556.

350.16. The Minister may revoke a designation of a person made under section 350.15 on application of the person, or where the person fails to comply with any condition imposed in respect of the designation.

Where the designation is revoked, the Minister shall notify the person in writing of the day the designation ceases to be effective.

1994, c. 22, s. 556.

350.17. Where a person makes a pass-through supply of corporeal movable property or a service at a time when a designation of the person as a buyer under section 350.15 is in effect, except for the purposes of sections 294, 295 and 297, Division IV of Chapter VIII and this division, the following rules apply:

(1)  the supply of the property or service by the original supplier of the property or service is deemed to have been made to the ultimate recipient and not to the person;

(2)  the person is deemed not to have received a supply of the property or service from the original supplier nor to have supplied the property or service to the ultimate recipient;

(3)  the consideration payable for, and the tax payable in respect of, the supply by the original supplier of the property or service is deemed to be payable by the ultimate recipient and any amount paid in respect of the consideration or tax is deemed to have been paid by the ultimate recipient;

(4)  notwithstanding subparagraph 3, the person and the ultimate recipient are solidarily liable for the payment of the tax in respect of the supply made by the original supplier; and

(5)  if the amount charged or collected by the original supplier of the property or service as or on account of tax under section 16 in respect of the supply exceeds the tax that was collectible under that section in respect of the supply, or if the amount of tax collectible under that section in respect of the supply is reduced because of a reduction in the consideration for the supply, and the original supplier issues to, or receives from, the person a credit note or a debit note in respect of the supply, the person is deemed to have received or issued the note on behalf of the ultimate recipient.

1994, c. 22, s. 556; 1995, c. 63, s. 424, s. 510.

DIVISION XVIII CERTIFICATE FOR GOODS BROUGHT INTO QUÉBEC

1994, c. 22, s. 556.

350.18. The Minister may require a person mentioned in section 17 to provide security, of a value fixed by the Minister and subject to such terms and conditions as the Minister may specify, for the payment of any amount that is or may become payable by the person under section 17.

1994, c. 22, s. 556; 1997, c. 3, s. 124.

350.19. The Minister may, on the request of a registrant who brings into Québec goods from outside Canada, issue to the registrant, subject to such conditions as the Minister may specify, a certificate for goods brought into Québec (in this division referred to as an “entry certificate”) in respect of goods of a particular class, indicating an effective date and bearing a number to be disclosed when the goods are accounted for under section 32 of the Customs Act (Revised Statutes of Canada, 1985, chapter 1, 2nd Supplement), where it can reasonably be expected that the registrant will be bringing the goods into Québec in circumstances in which the goods would be goods described in section 81.

The Minister may, on the request of a registrant who brings into Québec goods from Canada outside Québec, issue to the registrant, subject to such conditions as the Minister may specify, an entry certificate in respect of goods of a particular class, indicating an effective date, where it can reasonably be expected that the registrant will be bringing the goods into Québec in circumstances in which the goods would be goods described in section 81.

1994, c. 22, s. 556; 1995, c. 63, s. 425.

350.20. An application for an entry certificate shall contain prescribed information and be filed with and as prescribed by the Minister.

1994, c. 22, s. 556.

350.21. The Minister may, after giving a person to whom an entry certificate has been issued reasonable written notice, revoke the entry certificate of the person if

(1)  the person fails to comply with any condition attached to the certificate or any provision of section 17 or of this division;

(2)  the Minister determines that the certificate is no longer required for the purposes for which it was issued, or for the purposes of section 17 or of this division; or

(3)  it can reasonably be expected that the person will no longer be bringing into Québec goods of a class in respect of which the certificate was issued in circumstances in which the goods would be referred to in section 81.

Where the Minister revokes the entry certificate of a person, the Minister shall notify the person in writing of the revocation and the effective date of the revocation.

1994, c. 22, s. 556; 1997, c. 3, s. 125.

350.22. Where the Minister has revoked the entry certificate of a person in circumstances described in subparagraph 1 of the first paragraph of section 350.21, the Minister shall not issue a new certificate under section 350.19 before the day that is two years after the day on which the revocation is effective.

1994, c. 22, s. 556; 1997, c. 3, s. 126.

350.23. An entry certificate issued under this division ceases to have effect on the earlier of the day that is three years after the effective date of the certificate and the effective date of the revocation of the certificate under section 350.21.

1994, c. 22, s. 556; 1997, c. 3, s. 127.

DIVISION XIX RETURNABLE CONTAINERS

1994, c. 22, s. 556.

§ 1 . — Interpretation

1994, c. 22, s. 556.

350.24. For the purposes of this division,

“returnable container” means a beverage container, other than a usual container for a beverage the supply of which is described in Division III of Chapter IV, of a class that

(1)  is acquired by consumers;

(2)  when acquired by consumers, is filled and sealed; and

(3)  is supplied empty by consumers for consideration.

1994, c. 22, s. 556; 1995, c. 63, s. 426.

350.25. For the purposes of this division, where a person supplies a beverage in a returnable container,

(1)  the provision of the container is deemed to be a supply separate from, and not incidental to, the provision of the beverage;

(2)  section 33 does not apply to deem the container to form part of the beverage; and

(3)  the consideration for the supply of the container is deemed to be equal to that part of the total consideration for the beverage and the container that is reasonably attributable to the container;

(4)  (paragraph repealed).

1994, c. 22, s. 556; 1995, c. 1, s. 299.

§ 2 . — Determination of net tax

1994, c. 22, s. 556.

350.26. Tax that is collected or that becomes collectible by a registrant in respect of a supply of a returnable container shall not be included in determining the net tax of the registrant.

1994, c. 22, s. 556.

350.27. Tax that is paid or that becomes payable by a registrant in respect of a supply of a returnable container shall not be included in determining an input tax refund of the registrant unless the registrant is acquiring the container for the purpose of making a zero-rated supply of the container or a supply of the container outside Québec.

1994, c. 22, s. 556.

350.28. Sections 350.26 and 350.27 do not apply to a registrant in respect of a supply of a returnable container of a particular class made by or to the registrant where, at the time tax in respect of the supply becomes payable, the usual practice of the registrant is

(1)  to charge consideration for supplies of filled and sealed containers of that class that exceeds the consideration the registrant pays to other registrants for supplies of filled and sealed containers of that class;

(2)  to charge consideration for supplies of empty containers of that class made to other registrants that exceeds the consideration the registrant pays or would pay to other registrants for supplies of empty containers of that class;

(3)  to pay consideration for supplies of empty containers of that class received from persons who are not registrants that is less than the total of the consideration that the registrant charges for supplies of empty containers of that class and tax calculated on that consideration;

(4)  to bring into Québec filled and sealed containers of that class;

(5)  to engage other persons to fill and seal containers of that class for the registrant; or

(6)  to manufacture, produce or fill and seal returnable containers of any class.

1994, c. 22, s. 556; 1995, c. 63, s. 427.

§ 3 . —

Repealed, 1995, c. 63, s. 428.

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.29. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.30. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.31. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.32. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.33. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.34. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.35. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

350.36. (Repealed).

1994, c. 22, s. 556; 1995, c. 1, s. 300; 1995, c. 63, s. 428.

350.37. (Repealed).

1994, c. 22, s. 556; 1995, c. 1, s. 300; 1995, c. 63, s. 428.

350.38. (Repealed).

1994, c. 22, s. 556; 1995, c. 63, s. 428.

§ 4 . — Acquisition or deemed supply

1994, c. 22, s. 556.

350.39. The rules set out in the second paragraph apply where

(1)  at any time section 350.26 ceases to apply to a registrant in respect of a returnable container owned by the registrant at that time; and

(2)  in respect of the last acquisition of the container by the registrant, the registrant was not entitled, by reason of section 350.27, to claim an input tax refund.

The registrant is deemed

(1)  to have received at that time a supply of the container; and

(2)  to have paid at that time tax in respect of the supply equal to the basic tax content of the container at that time.

1994, c. 22, s. 556; 1995, c. 63, s. 429; 1997, c. 85, s. 627.

350.40. The rules set out in the second paragraph apply where

(1)  at any time section 350.26 begins to apply to a registrant in respect of a returnable container owned by the registrant at that time; and

(2)  in respect of the last acquisition of the container by the registrant, the registrant was entitled to claim an input tax refund.

The registrant is deemed

(1)  to have made immediately before that time a supply of the container and to have collected at that time tax in respect of the supply equal to the basic tax content of the container at that time; and

(2)  to have received at that time a supply of the container and to have paid at that time tax in respect of the supply equal to the tax referred to in subparagraph 1.

1994, c. 22, s. 556; 1995, c. 63, s. 430; 1997, c. 85, s. 628.

350.41. Where a supplier at any time makes a supply of a returnable container to a registrant in circumstances in which sections 75 and 75.1, section 80 or 331 and sections 334 to 336 apply and, if those sections had not applied, section 350.26 would not have applied to the supplier in respect of the supply and section 350.27 would have applied to the registrant in respect of the container,

(1)  the registrant is deemed to have made a supply of the container at that time and to have collected at that time tax in respect of the supply calculated on the consideration that the registrant would charge if the registrant made the supply to a person with whom the registrant was dealing at arm’s length, and section 350.26 does not apply to the registrant in respect of the supply; and

(2)  the registrant is deemed to have received a supply of the container immediately after that time and to have paid immediately after that time tax in respect of the supply equal to the amount determined under paragraph 1.

1994, c. 22, s. 556.

350.42. Where a supplier at any time makes a supply of a returnable container to a registrant in circumstances in which sections 75 and 75.1, section 80 or 331 and sections 334 to 336 apply and, if those sections had not applied, section 350.26 would have applied to the supplier in respect of the supply and section 350.27 would not have applied to the registrant in respect of the container, the registrant is deemed to have paid at that time tax in respect of the supply calculated on the consideration that the registrant would charge if the registrant made the supply to a person with whom the registrant was dealing at arm’s length.

1994, c. 22, s. 556.

DIVISION XX FLEA MARKETS

1995, c. 1, s. 301.

350.43. (Repealed).

1995, c. 1, s. 301; 1995, c. 63, s. 431.

350.44. Where a person (in this division referred to as the “operator”) provides space in a flea market or similar business to a person (in this division referred to as the “occupant”), the following rules apply:

(1)  the operator shall file with the Minister in prescribed form containing prescribed information a list of occupants, for a particular month, on or before the fourteenth day of the month following that month; and

(2)  the operator, upon filing with the Minister the list referred to in subparagraph 1, shall post in public view a list containing the names only of the occupants for the periods referred to in subparagraph 1 at his principal establishment and in a place easily accessible to the public on the premises of the flea market or similar business.

For the purposes of subparagraph 1 of the first paragraph, the list of occupants may be filed with the Minister by means of a facsimile of the prescribed form.

1995, c. 1, s. 301; 1995, c. 63, s. 432; 1997, c. 3, s. 128; 1997, c. 85, s. 629.

350.45. For the purposes of this division, an occupant shall furnish to an operator on his request the information referred to in subparagraph 1 of the first paragraph of section 350.44.

1995, c. 1, s. 301.

350.46. Every operator who fails either to file the prescribed form, or the facsimile thereof, containing prescribed information, or to post the list of occupants, in accordance with section 350.44, shall incur a penalty of $100 per day of failure.

1995, c. 1, s. 301.

350.47. Every occupant who fails to furnish to the operator on his request the information referred to in subparagraph 1 of the first paragraph of section 350.44, or who furnishes the operator with false information, shall incur a penalty of $100 for each day he occupies space.

1995, c. 63, s. 433.

CHAPTER VII REBATE AND COMPENSATION

DIVISION I REBATE

§ 1 . — Person resident outside Québec or Canada

I.  — Movable property or services

1994, c. 22, s. 557.

351. Subject to section 357, a person not resident in Canada who is the recipient of a supply of a corporeal movable property acquired by the person for use primarily outside Québec is entitled to a rebate of the tax paid by the person in respect of the supply if the person takes or ships the property outside Québec within 60 days after it is delivered to the person.

Subject to section 357, a person resident in Canada who carries on business outside Québec but within Canada and is the recipient of a supply of corporeal movable property acquired by the person for use primarily outside Québec in the course of carrying on the person’s business is entitled to a rebate of the tax paid by the person in respect of the supply if the person takes or ships the property outside Québec as soon as is reasonable after it is delivered to the person.

This section does not apply in respect of a supply of the following:

(1)  (subparagraph repealed);

(2)  goods on which a duty of excise is imposed under the Excise Act (Revised Statutes of Canada, 1985, chapter E-14) or would be imposed if the goods were manufactured or produced in Canada;

(3)  wine;

(4)  gasoline, diesel fuel or other motive fuel, other than such fuel that is being transported in a vehicle designed for transporting gasoline, diesel fuel or other motive fuel in bulk and is for use otherwise than in the vehicle in which or with which it is being transported; or

(5)  property referred to in subparagraph 60.1 of the first paragraph of section 677 in respect of which the person takes advantage of the method for determining the tax provided for in sections 677R11 to 677R39 of the Regulation respecting the Québec Sales Tax (Order in Council 1607-92 (1992, G.O. 2, 4952)) and any present and future amendments.

1991, c. 67, s. 351; 1994, c. 22, s. 558; 1995, c. 63, s. 434; 1997, c. 85, s. 630.

352. A person who is not resident in Québec but who is resident in Canada is entitled to a rebate, to the extent prescribed, of the tax paid by him under section 16 in respect of a supply of corporeal movable property, other than prescribed corporeal movable property, that is not acquired in the course of carrying on his business, if, after such acquisition,

(1)  the property, in the case of a road vehicle, is such a vehicle primarily adapted for the transportation of persons or property and was not registered in Québec in the person’s name or was so registered for a maximum period of 10 days under a temporary registration certificate and, in other cases, has not been used in Québec;

(2)  the person has taken or shipped the property definitively outside Québec; and

(3)  the application for the rebate is made in prescribed form containing prescribed information and filed with and as prescribed by the Minister.

A person is not entitled to a rebate under the first paragraph unless he files an application for a rebate

(1)  where the property is a road vehicle primarily adapted for the transportation of persons or property, within four years after the day on which the tax was paid; and

(2)  in other cases, within 60 days after the day on which the tax became payable.

1991, c. 67, s. 352; 1995, c. 63, s. 435; 1997, c. 14, s. 342.

352.1. Notwithstanding section 352, an individual is entitled to a rebate of the tax paid by him under section 16 in respect of a supply of corporeal property, other than an alcoholic beverage or a tobacco product, made while he was resident in Québec where

(1)  the property was acquired by the individual for his personal or domestic use less than 31 days before his leaving Québec to take up permanent residence in another province, the Northwest Territories or the Yukon Territory;

(2)  the property was taken or shipped to the other province or the territory by the individual to be used on a permanent basis; and

(3)  the individual has paid a tax in respect of the property, imposed by the other province or the territory, of the same nature as that payable under this Title and has not obtained or is not entitled to obtain a rebate of such tax.

1995, c. 1, s. 302.

352.2. An individual is not entitled to the rebate provided for in section 352.1 in respect of the tax paid by him in respect of a supply of property unless

(1)  the individual files an application for the rebate within four years after the day the tax was paid;

(2)  the total of all rebates for which the application is made is at least $50; and

(3)  the application for the rebate is accompanied by evidence that the individual has paid a tax in respect of the property, imposed by the province or territory where the property was taken or shipped, of the same nature as that payable under this Title.

1995, c. 1, s. 302.

353. Notwithstanding subparagraph 4 of the third paragraph of section 351, a person who is not resident in Québec and who carries on a business outside Québec is entitled to a rebate of the tax paid by the person under section 16 in respect of a supply of fuel used in Québec to power a propulsion engine, if the person is entitled to a refund pursuant to the Fuel Tax Act (chapter T-1) in respect of such fuel, or would be entitled to a refund if the fuel were subject to the said Act, provided the person applies therefor within the same period and on the same terms and conditions as provided in the said Act.

The rebate provided for in the first paragraph shall be computed by using the same proportion as that used for the purpose of computing the refund to which the person is entitled or would be entitled under the Fuel Tax Act.

1991, c. 67, s. 353; 1993, c. 19, s. 215; 1995, c. 63, s. 436.

353.0.1. A person is entitled to a rebate of the tax paid by the person under section 16 in respect of a supply of a service, other than a transportation service, in respect of corporeal movable property that is ordinarily located outside Québec but within Canada, that is temporarily brought into Québec for the sole purpose of having the service performed and that is taken or shipped outside Québec but within Canada as soon as is practicable after the service is performed.

The person is also entitled to a rebate of tax paid by the person under section 16 in respect of any corporeal movable property supplied with the service.

1997, c. 85, s. 631.

353.0.2. A person is not entitled to a rebate under section 353.0.1 unless

(1)  the person files an application for the rebate within four years after the day the tax was paid; and

(2)  the application for the rebate is accompanied by evidence that the person has paid a tax in respect of the service and of any corporeal movable property supplied with the service, imposed by the province or territory where the property was taken or shipped, of the same nature as that payable under this Title.

1997, c. 85, s. 631.

353.0.3. Subject to sections 353.0.1 and 353.0.4, where a person who is resident in Canada is the recipient of a supply of incorporeal movable property or a service that is acquired by the person for consumption, use or supply primarily outside Québec and tax under section 16 is paid by the person in respect of the supply, the person is entitled to a rebate of tax equal to the amount determined by the formula

A × B.

For the purposes of this formula,

(1)  A is the amount of the tax; and

(2)  B is the extent, expressed as a percentage, to which the incorporeal movable property or service is acquired by the person for consumption, use or supply outside Québec.

This section does not apply to a person who is a listed financial institution referred to in paragraph 6 or 9 of the definition of “listed financial institution” in section 1, in respect of supplies of an administration or management service, and of any other service, provided to the recipient of a supply of an administration or management service by the supplier of that administration or management service.

1997, c. 85, s. 631; 1999, c. 83, s. 316.

353.0.4. A person is not entitled to a rebate under section 353.0.3 unless

(1)  the person files an application for the rebate within one year after the day the tax became payable;

(2)  except where the application is a prescribed application, where the person is an individual, the individual has not made another application under this section in the calendar quarter in which the application is made;

(3)  where the person is not an individual, the person has not made another application under this section in the calendar month in which the application is made;

(4)  the rebate is substantiated by a receipt for an amount that includes consideration, totalling at least $53.50, for taxable supplies, other than zero-rated supplies, in respect of which the person is otherwise eligible for a rebate under that section; and

(5)  the application for a rebate relates to taxable supplies, other than zero-rated supplies, the total consideration for which is at least $214.

1997, c. 85, s. 631.

353.1. Subject to sections 353.2 and 357, a person not resident in Québec who is not a registrant is entitled to a rebate of the tax paid by the person in respect of the acquisition of property or a service, other than a service of storing or shipping property, where the person

(1)  acquires the property or service for consumption or use exclusively in the manufacture or production of an original literary, musical, artistic, cinematographic or other work in which copyright protection subsists and copies, if any, of that work;

(2)  is not a consumer of the property or service; and

(3)  is manufacturing or producing the work and all copies of it for shipment outside Québec by the person not resident in Québec.

1994, c. 22, s. 559.

353.2. Notwithstanding section 33 of the Act respecting the Ministère du Revenu (chapter M-31), where the recipient of a supply assigns, in prescribed form containing prescribed information, to the supplier the right to a rebate under section 353.1 to which the recipient would be entitled in respect of the supply if the recipient had paid the tax in respect of the supply and had satisfied the conditions set out in section 357, and the supplier pays to, or credits in favour of, the recipient the amount of that tax,

(1)  the supplier may claim a deduction under section 455.1 in respect of the supply equal to that amount; and

(2)  the recipient is not entitled to any rebate, refund, remission of or compensation for tax in respect of the supply.

1994, c. 22, s. 559.

353.3. (Repealed).

1994, c. 22, s. 559; 1994, c. 22, s. 560.

353.3.1. (Repealed).

1994, c. 22, s. 559; 1995, c. 1, s. 359; 1994, c. 22, s. 560.

353.4. (Repealed).

1994, c. 22, s. 559; 1995, c. 1, s. 359; 1994, c. 22, s. 560.

353.5. (Repealed).

1994, c. 22, s. 559; 1994, c. 22, s. 560.

II.  — Short-term accommodation

1994, c. 22, s. 559.

353.6. For the purposes of this subdivision and section 357, “tour package” has the meaning assigned by section 63, but does not include a tour package that includes a convention facility or related convention supplies.

1994, c. 22, s. 559; 1997, c. 85, s. 632.

354. Subject to sections 356 and 357, a person not resident in Canada is entitled to a rebate of the tax paid by the person in respect of short-term accommodation if

(1)  the person is the recipient of a supply made by a registrant of short-term accommodation or a tour package that includes short-term accommodation;

(2)  the accommodation or tour package is acquired by the person otherwise than for supply in the ordinary course of a business of the person of making such supplies; and

(3)  the accommodation is made available to an individual not resident in Canada.

1991, c. 67, s. 354; 1994, c. 22, s. 561; 1997, c. 85, s. 633.

354.1. Subject to sections 356 and 357, a particular person not resident in Canada is entitled to a rebate of the tax paid by the person in respect of short-term accommodation if

(1)  the particular person is not registered under Division I of Chapter VIII and is the recipient of a supply of the accommodation or a tour package that includes the accommodation;

(2)  the accommodation or tour package is acquired by the person for supply in the ordinary course of a business of the person of making such supplies;

(3)  a supply of the accommodation or tour package is made to another person not resident in Canada and payment of the consideration for that supply is made at a place outside Canada at which the supplier, or a mandatary of the supplier, is conducting business; and

(4)  the accommodation is made available to an individual not resident in Canada.

1994, c. 22, s. 562; 1997, c. 85, s. 634.

355. Where, in an application filed by a person for rebates under section 354 in respect of one or more supplies of short-term accommodation that is neither acquired by the person for use in the course of a business of the person nor included in a tour package and in respect of which tax was paid by the person, the person elects to have any of those rebates determined in accordance with the formula set out in this section, the amount of tax paid in respect of each of those supplies of short-term accommodation is deemed to be equal to

A x $6.

For the purposes of this formula, A is the total number of nights for which the short-term accommodation is made available under the agreement for the supply.

1991, c. 67, s. 355; 1994, c. 22, s. 563; 1995, c. 1, s. 303; 1997, c. 85, s. 635.

355.1. Where a person files an application in which a rebate under section 354 or 354.1 is claimed in respect of one or more supplies of tour packages that include short-term accommodation and in respect of which tax was paid by the person, the amount of tax paid in respect of the accommodation is, for each tour package, deemed to be equal to

(1)  where section 354 applies and the person elects in that application to have any of those rebates determined in accordance with the following formula, the amount determined by the formula

A x $6;

(2)  in any other case, the amount determined by the formula

                       B     D
                      --- x ---.
                       C     2

For the purposes of these formulas,

(1)  A is the total number of nights for which short-term accommodation included in the tour package is made available under the agreement for the supply;

(2)  B is the total number of nights for which short-term accommodation included in the tour package is made available under the agreement for the supply of the tour package;

(3)  C is the number of nights the individual not resident in Canada to whom the accommodation is made available spends in Québec during the period commencing on the earlier of the first day on which overnight lodging included in the tour package is made available to the individual and the first day any overnight transportation service included in the tour package is rendered to the individual and ending on the later of the last day such lodging is made available to the individual and the last day any such transportation service is rendered to the individual; and

(4)  D is the tax paid by the person in respect of the supply of the tour package.

1994, c. 22, s. 564; 1995, c. 1, s. 304; 1997, c. 85, s. 636.

355.2. For the purpose of determining, in accordance with the formula set out in section 355, a rebate payable under section 354 to a consumer of short-term accommodation, where a registrant makes a particular supply to the consumer of short-term accommodation that is made available to the consumer for any night, any other supply by the registrant to the consumer of short-term accommodation that is made available to the consumer for the same night is deemed not to be a supply separate from the particular supply.

1994, c. 22, s. 564; 1997, c. 85, s. 637.

355.3. For the purpose of determining, in accordance with the formula set out in subparagraph 1 of the first paragraph of section 355.1, the amount of a rebate payable under section 354 to a consumer of a tour package that includes short-term accommodation, where a registrant makes a supply to the consumer of a particular tour package that includes short-term accommodation that is made available to the consumer for any night, any other short-term accommodation that is included in another tour package supplied by the registrant to the consumer and made available to the consumer for the same night is deemed to be included in the particular tour package and not in any other tour package.

1994, c. 22, s. 564; 1997, c. 85, s. 637.

356. The second paragraph applies in cases where

(1)  a registrant makes a supply of short-term accommodation or a tour package that includes short-term accommodation to a recipient not resident in Canada who either is an individual or is acquiring the accommodation or tour package for use in the course of a business of the recipient or for supply in the ordinary course of a business of the recipient of making such supplies;

(2)  the registrant pays to, or credits in favour of, the recipient an amount on account of a rebate under section 354 or 354.1 to which the recipient would be entitled in respect of the accommodation if the recipient had paid the tax in respect of the supply and had satisfied the conditions under section 357;

(3)  the amount paid to, or credited in favour of, the recipient is equal to

(a)  in the case of a supply of a tour package, the amount that would be determined in respect of the supply under subparagraph 2 of the first paragraph of section 355.1; and

(b)  in the case of a supply of short-term accommodation that is not part of a tour package, the tax paid by the recipient in respect of the supply; and

(4)  in the case of a rebate under section 354,

(a)  payment of the consideration for the supply is made at a place outside Canada at which the registrant, or a mandatary of the registrant, is conducting business, or

(b)  where the accommodation is supplied as part of a tour package that includes other property or services (other than meals or property or services that are provided or rendered by the person who provides the accommodation and as part of it), a deposit of at least 20 % of the total consideration for the tour package, excluding tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), is paid

i.  by the recipient to the registrant at least 14 days before the first day on which any short-term accommodation included in the tour package is made available under the agreement for the supply of the tour package, and

ii.  by means of a credit card or charge card issued by, or a cheque, draft or other bill of exchange drawn on an account outside Canada with, an institution not resident in Canada that is a cooperative credit society, bank, trust company or similar institution.

The registrant may claim a deduction under section 455.1 in respect of the amount paid to, or credited in favour of, the recipient and the recipient is not entitled to any rebate or to any refund or remission of tax in respect of the accommodation.

1991, c. 67, s. 356; 1994, c. 22, s. 565; 1997, c. 85, s. 638.

356.1. For the purposes of section 356, where the payment of a deposit in respect of a supply is effected by the crediting of an account of the supplier by the issuer of a credit card or charge card of the recipient, the deposit is deemed not to have been paid before the account is so credited.

1994, c. 22, s. 566.

III.  — Restrictions

1994, c. 22, s. 566.

357. A person is not entitled to a rebate under section 351, 353.1, 354 or 354.1 unless

(1)  the person files an application for the rebate within one year after

(a)  in the case of a rebate under section 351, the day the person ships the property to which the rebate relates outside Québec,

(b)  in the case of a rebate under section 353.1, the day the tax to which the rebate relates became payable, and

(c)  in any other case, the last day any tax to which the rebate relates became payable;

(2)  except where the application is a prescribed application, where the person is an individual, the individual has not made another application under this section in the calendar quarter in which the application is made;

(3)  where the person is not an individual, the person has not made another application under this section in the month in which the application is made;

(4)  at the time the application is made,

(a)  in the case of an application for a rebate under the first paragraph of section 351 or under section 354 or section 354.1, the person is not resident in Canada, and

(b)  in the case of an application for a rebate under the second paragraph of section 351, the person is resident in Canada and carries on a business outside Québec but within Canada;

(4.1)  in the case of a rebate under section 351, the rebate is substantiated by a receipt for an amount that includes consideration, totalling at least $53.50, for taxable supplies, other than zero-rated supplies, in respect of which the person is otherwise eligible for a rebate under that section;

(5)  the application for a rebate relates to taxable supplies, other than zero-rated supplies, the total consideration for which is at least $214;

(6)  the total of all rebates for which the application is made that are in respect of short-term accommodation not included in a tour package and that are determined in accordance with the formula set out in section 355 does not exceed $90; and

(7)  the total of all rebates for which the application is made that are in respect of short-term accommodation included in tour packages and that are determined in accordance with the formula set out in paragraph 1 of section 355.1 does not exceed

(a)  where the person is a consumer of the tour packages, $90, and

(b)  in any other case, $90 for each individual to whom the accommodation is made available.

1991, c. 67, s. 357; 1994, c. 22, s. 567; 1995, c. 1, s. 305; 1997, c. 85, s. 639; 1998, c. 16, s. 312.

IV.  — Conventions

1994, c. 22, s. 568.

357.1. Where a person not resident in Québec who is not registered under Division I of Chapter VIII is the recipient of a supply by way of lease, licence or similar arrangement of an immovable that is acquired by the person exclusively for use as a site for the promotion, at a convention, of a business of the person or of property or services supplied by the person, the person is entitled, on the person’s application filed within one year after the day the convention ends, to

(1)  a rebate equal to the tax paid by the person in respect of that supply; and

(2)  a rebate equal to the tax paid by the person in respect of a supply to the person of related convention supplies in respect of the convention.

1994, c. 22, s. 568.

357.2. The rules set out in the second paragraph apply where the sponsor of a foreign convention pays tax in respect of

(1)  a supply of property or services relating to the convention made by a registrant who is the organizer of the convention;

(2)  a supply, made by a registrant who is not the organizer of the convention, of the convention facility, or of property or services that are acquired by the sponsor for consumption, use or supply by the sponsor as related convention supplies; or

(3)  property or services that are brought into Québec by the sponsor for consumption, use or supply by the sponsor as related convention supplies.

Subject to section 357.3, and on the sponsor’s application filed within one year after the day the convention ends, the sponsor is entitled,

(1)  in the case of a supply made by the organizer, to a rebate equal to the tax paid by the sponsor calculated on that part of the consideration for the supply that is reasonably attributable to the convention facility or related convention supplies; and

(2)  in any other case, to a rebate equal to the tax paid by the sponsor in respect of the supply or bringing into Québec.

1994, c. 22, s. 568.

357.3. Where a registrant who is the organizer of a foreign convention pays to, or credits in favour of, the sponsor of the convention an amount on account of a rebate under section 357.2 to which the sponsor would be entitled in respect of a supply made by the registrant to the sponsor if the sponsor had paid the tax in respect of the supply and had applied for the rebate in accordance with that section,

(1)  the registrant may claim a deduction under section 455.1 in respect of the amount paid or credited to the sponsor; and

(2)  the sponsor is not entitled to any rebate, refund or remission in respect of the tax to which the amount relates.

1994, c. 22, s. 568.

357.4. Where an organizer of a foreign convention who is not registered under Division I of Chapter VIII pays tax in respect of a supply of the convention facility or a supply or bringing into Québec of related convention supplies, the organizer is entitled, on the organizer’s application filed within one year after the day the convention ends, to a rebate equal to the tax paid by the organizer in respect of the supply or bringing into Québec.

1994, c. 22, s. 568.

357.5. The second paragraph applies where

(1)  a person who is the organizer of a foreign convention and who is not registered under Division I of Chapter VIII, or the sponsor of a foreign convention, is the recipient of

(a)  a taxable supply of the convention facility, or related convention supplies, made by the operator of the facility who is not the organizer of the convention, or

(b)  a taxable supply, made by a registrant other than the organizer of the convention, of short-term accommodation that is acquired by the person exclusively for supply in connection with the convention; and

(2)  the operator of the facility or supplier of accommodation pays to, or credits in favour of, the person an amount on account of a rebate to which the person would be entitled under section 357.2 or 357.4 in respect of the supply of the facility or accommodation, as the case may be, if the person had paid the tax in respect of the supply and had applied for the rebate in accordance with that section.

The operator or supplier of accommodation, as the case may be, may claim a deduction under section 455.1 in respect of the amount paid to, or credited in favour of, the person, and the person is not entitled to any rebate, refund or remission in respect of the tax to which the amount relates.

1994, c. 22, s. 568.

IV.1.  — Installation services

1997, c. 85, s. 640.

357.5.1. Where corporeal movable property is supplied on an installed basis by a supplier not resident in Québec who is not registered under Division I of Chapter VIII to a particular person who is so registered and the supplier or another person not resident in Québec who is not so registered is the recipient of a taxable supply in Québec of a service of installing, in an immovable situated in Québec, the corporeal movable property so that it can be used by the particular person,

(1)  the recipient of the service is entitled to a rebate of the tax paid by the recipient of the service in respect of the supply of the service if the recipient of the service files an application within one year after the completion of the service; and

(2)  the particular person is deemed to have received from the supplier of the corporeal movable property a taxable supply of the service that is separate from and not incidental to the supply of the property, for consideration equal to that part of the total consideration paid or payable by the particular person for the property and the installation of the property that can reasonably be attributed to the installation.

1997, c. 85, s. 640.

357.5.2. Where a person not resident in Québec submits to a supplier an application for a rebate under section 357.5.1 to which the person not resident in Québec would be entitled in respect of a supply made by the supplier to the person not resident in Québec if the person not resident in Québec had paid the tax in respect of the supply and had applied for the rebate in accordance with that section, the supplier may pay to, or credit in favour of, the person not resident in Québec the amount of the rebate in which event the supplier shall transmit the application to the Minister with the supplier’s return filed under Chapter VIII for the reporting period in which the rebate is paid or credited to the person not resident in Québec and, notwithstanding section 28 of the Act respecting the Ministère du Revenu (chapter M-31), no interest is payable in respect of the rebate.

1997, c. 85, s. 640.

357.5.3. Where, under section 357.5.2, a supplier pays to, or credits in favour of, a person an amount on account of a rebate and the supplier knows or ought to know that the person is not entitled to the rebate or that the amount paid or credited to the person exceeds the rebate to which the person is entitled, the supplier and the person are solidarily liable to pay to the Minister the amount that was paid to, or credited in favour of, the person on account of the rebate or the excess amount, as the case may be.

1997, c. 85, s. 640.

V.  — Solidary liability

1994, c. 22, s. 568; 1995, c. 63, s. 510.

357.6. This section applies where, under sections 351, 353.1, 353.2, 353.6 to 356.1 and 357.2 to 357.5, a registrant at a particular time pays to, or credits in favour of, a person an amount on account of a rebate and

(1)  the person does not satisfy the condition (in this section referred to as the “eligibility condition”) that the person would have been entitled to the rebate if the person had paid the tax to which the amount relates and had satisfied the conditions of section 357 or, in the case of a rebate under section 357.2, had applied for the rebate within the time limited by that section for filing an application for the rebate; or

(2)  the amount paid to, or credited in favour of, the person exceeds the rebate to which the person would have been so entitled, by a particular amount.

Subject to the third paragraph, the person is liable to pay to the Minister the amount or particular amount, as the case may be, as if it had been paid at the particular time to the person as a rebate under this division.

Where, at the particular time, the registrant knows or ought to know that the person does not satisfy the eligibility condition or that the amount paid to, or credited in favour of, the person exceeds the rebate to which the person is entitled, the registrant and the person are solidarily liable to pay to the Minister the amount or particular amount, as the case may be, as if it had been paid at the particular time as a rebate under this division to the registrant and the person.

1994, c. 22, s. 568; 1995, c. 63, s. 510.

§ 2 . — Employee and member of a partnership

358. Where a musical instrument, motor vehicle, aircraft or any other property or a service is or would, but for section 345.1, be regarded as having been acquired or brought into Québec by an individual who is a member of a partnership that is a registrant or an employee of a registrant, in the case of an individual who is a member of a partnership, the acquisition or bringing into Québec is not on the account of the partnership, the individual has paid the tax payable in respect of the acquisition or bringing into Québec, and, in the case of an acquisition or bringing into Québec of a musical instrument, the individual is not entitled to claim an input tax refund in respect of the instrument, the individual is entitled, subject to sections 359 and 360, to a rebate in respect of the property or service for each calendar year equal to the amount determined by the formula

A × (B + C − D).

For the purposes of this formula,

(1)  A is 7.5/107.5;

(2)  B is the amount deducted under the Taxation Act (chapter I-3) in computing the individual’s income for the year from the partnership or from an office or employment, as the case may be, which is

(a)  the part or amount prescribed under that Act of the capital cost of the aircraft, musical instrument or motor vehicle,

(b)  the amount in respect of the acquisition and bringing into Québec of the other property brought into Québec by the individual, not exceeding the total of the value of that property within the meaning of section 17 and the tax calculated on it, or

(c)  the amount in respect of the supply by way of lease, licence or similar arrangement of the aircraft, musical instrument or motor vehicle, the supply in Québec of the other property or the supply of the service; and

(3)  C is the amount paid by the individual in the year and which may or could, were it not for sections 752.0.18.7 and 752.0.18.9 of the Taxation Act and Book V.2.1 of Part I of that Act, be included in the aggregate referred to in section 752.0.18.3 or 752.0.18.8 of that Act and that refers to the supply in Québec of the other property or to the supply of the service, including the tax paid or payable under this Title and Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

(4)  D is the total of all amounts that the individual received or is entitled to receive from the individual’s employer or the partnership, as the case may be, as a reimbursement in respect of the amount represented by the letter B or C in the formula under this section.

This section does not apply where the individual has received in respect of the amount represented by the letter B or C in the formula under this section an allowance from a person, other than an allowance that, at the time the allowance was paid, the person considered was not a reasonable allowance for the purposes of paragraph e of section 39 or section 40 of the Taxation Act or, where that person is a partnership of which the individual is a member, would not have been a reasonable allowance for the purposes of paragraph e of section 39 or section 40 had the member been an employee of that partnership at that time.

1991, c. 67, s. 358; 1993, c. 19, s. 216; 1994, c. 22, s. 569; 1995, c. 1, s. 306; 1995, c. 63, s. 437; 1997, c. 14, s. 343; 1997, c. 85, s. 641.

359. The rebate in respect of property or a service payable under section 358 for a calendar year to an individual who is a member of a partnership shall not exceed the amount that would be an input tax refund of the partnership in respect of the property or service for the last reporting period of the partnership in its last fiscal year ending in that calendar year if

(1)  in the case of a musical instrument that is capital property of the individual, the partnership had, in that reporting period,

(a)  acquired the instrument by way of lease exclusively for use in activities of the partnership and for use in commercial activities thereof to the same extent that the individual’s consumption or use of the instrument during that calendar year in activities of the partnership was in commercial activities thereof, and

(b)  paid tax in respect of the instrument equal to the tax fraction of the prescribed part or amount of the capital cost in respect of that instrument that was deductible under the Taxation Act (chapter I-3) in computing the individual’s income from the partnership for that calendar year;

(2)  in the case of an aircraft or a motor vehicle that is capital property of the individual,

(a)  the partnership had acquired the aircraft or vehicle in that reporting period in circumstances in which section 252 applies and had used the aircraft or vehicle during that last fiscal year of the partnership in commercial activities of the partnership to the same extent that the individual’s use of the aircraft or vehicle during that calendar year in activities of the partnership was in commercial activities thereof, and

(b)  the prescribed part or amount of the capital cost in respect of the aircraft or vehicle that was deductible under the Taxation Act in computing the individual’s income from the partnership for that calendar year were the prescribed part or amount of the capital cost so deductible in computing the income of the partnership for that last fiscal year of the partnership; and

(3)  in any other case, the partnership had

(a)  acquired the property or service exclusively for use in activities of the partnership and for use in commercial activities thereof to the same extent that the individual’s consumption or use of the property or service during that calendar year in activities of the partnership was in commercial activities thereof, and

(b)  paid, in that reporting period, tax in respect of that acquisition equal to the tax fraction of

i.  in the case of property brought into Québec by the individual, the amount in respect of the acquisition and bringing into Québec of the property, not exceeding the total of the value of the property within the meaning of section 17 and the tax under that section that was deductible under the Taxation Act in computing the individual’s income from the partnership for that calendar year, and

ii.  in any other case, the amount in respect of the acquisition of the property or service by the individual that was so deductible in computing that income.

1991, c. 67, s. 359; 1993, c. 19, s. 217; 1994, c. 22, s. 569.

360. A rebate for a calendar year shall not be paid under section 358 to an individual unless, within four years after the end of the year, the individual files with the Minister an application for the rebate, in prescribed form containing prescribed information, at the same time as the fiscal return under section 1000 of the Taxation Act (chapter I-3) that he is required to file, or would be required to file if he were liable for tax under Part I of that Act.

Section 1052 of the Taxation Act applies, adapted as required, to such rebate.

1991, c. 67, s. 360; 1994, c. 22, s. 569.

360.1. An individual shall not make more than one application for a rebate under section 360 for a calendar year.

1994, c. 22, s. 570.

§ 2.1 . —

Repealed, 1995, c. 63, s. 438.

1994, c. 22, s. 570; 1995, c. 63, s. 438.

360.2. (Repealed).

1994, c. 22, s. 570; 1995, c. 63, s. 438.

360.2.1. (Repealed).

1995, c. 1, s. 307; 1995, c. 63, s. 438.

360.3. (Repealed).

1994, c. 22, s. 570; 1995, c. 63, s. 438.

360.3.1. (Repealed).

1995, c. 1, s. 308; 1995, c. 63, s. 438.

360.4. (Repealed).

1994, c. 22, s. 570; 1995, c. 1, s. 309; 1995, c. 63, s. 438.

§ 3 . — Immovable

I.  — Interpretation

360.5. For the purposes of section 362 and subdivisions II, II.1 and II.3, “single unit residential complex” includes a multiple unit residential complex that does not contain more than two residential units.

1995, c. 1, s. 310.

360.6. For the purposes of subdivision II.1, “long-term lease”, in respect of land, means a lease under which continuous possession of the land is provided for a period of at least 20 years or a lease that contains an option to purchase the land.

1995, c. 1, s. 310; 1997, c. 85, s. 642.

361. (Repealed).

1991, c. 67, s. 361; 1993, c. 19, s. 218.

362. Where a supply of a single unit residential complex, a residential unit held in co-ownership or a share in a cooperative housing corporation is made to two or more individuals, or where two or more individuals construct or substantially renovate, or engage another person to construct or substantially renovate, a single unit residential complex, the references in subdivisions II to II.3 to a particular individual shall be read as references to all of those individuals as a group, but only one of those individuals may apply for a rebate under any of those subdivisions in respect of the complex, unit or share.

1991, c. 67, s. 362; 1993, c. 19, s. 219; 1994, c. 22, s. 571; 1995, c. 1, s. 311.

I.1.  — 

Repealed, 1995, c. 1, s. 312.

1993, c. 19, s. 220; 1995, c. 1, s. 312.

362.1. (Repealed).

1993, c. 19, s. 220; 1994, c. 22, s. 571; 1995, c. 1, s. 312.

II.  — Single unit residential complex or residential unit held in co-ownership

362.2. Subject to section 362.4, a particular individual who receives from a builder of a single unit residential complex or a residential unit held in co-ownership a taxable supply by way of sale of the complex or unit is entitled to a rebate determined in accordance with section 362.3 if

(1)  at the time the particular individual becomes liable or assumes liability under an agreement of purchase and sale of the complex or unit entered into between the builder and the particular individual, the particular individual is acquiring the residential complex or unit for use as the primary place of residence of the particular individual, an individual related to the particular individual or a former spouse of the particular individual;

(2)  the total (referred to in this section and sections 362.3 and 368.1 as the “total consideration”) of all amounts, each of which is the consideration payable for the supply to the particular individual of the complex or unit or for any other taxable supply to the particular individual of an interest in the complex or unit, excluding tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of such supplies, is less than $200,000;

(3)  the particular individual has paid all of the tax under section 16 payable in respect of the supply of the complex or unit and in respect of any other supply to the individual of an interest in the complex or unit, the total of which tax is referred to in this section and in section 362.3 as the “total tax paid by the particular individual”;

(4)  ownership of the complex or unit is transferred to the particular individual after the construction or substantial renovation thereof is substantially completed;

(5)  after the construction or substantial renovation is substantially completed and before possession of the complex or unit is given to the particular individual under the agreement of purchase and sale of the complex or unit

(a)  in the case of a single unit residential complex, the complex was not occupied by any individual as a place of residence or lodging, and

(b)  in the case of a residential unit held in co-ownership, the unit was not occupied by any individual as a place of residence or lodging unless, throughout the time the unit was so occupied, it was occupied as a place of residence by an individual, another individual related to the individual or a former spouse of the individual, who was at the time of that occupancy a purchaser of the unit under an agreement of purchase and sale of the unit; and

(6)  either

(a)  the first individual to occupy the complex or unit as a place of residence at any time after substantial completion of the construction or renovation is

i.  in the case of a single unit residential complex, the particular individual, an individual related to the particular individual or a former spouse of the particular individual, and

ii.   in the case of a residential unit held in co-ownership, an individual, another individual related to the individual or a former spouse of the individual, who was at that time a purchaser of the unit under an agreement of purchase and sale of the unit, or

(b)  the particular individual makes an exempt supply by way of sale of the complex or unit and ownership thereof is transferred to the recipient of the supply before the complex or unit is occupied by any individual as a place of residence or lodging.

1995, c. 1, s. 313.

362.3. For the purposes of section 362.2, the rebate to which a particular individual is entitled in respect of a supply of a single unit residential complex or a residential unit held in co-ownership is equal to

(1)  where the total consideration is not more than $175,000, the amount determined by the formula

                   [36 % × (A - B)] + B; and

(2)  where the total consideration is more than $175,000 but less than $200,000, the amount determined by the formula

               [          ($200,000 - C) ]
               [$4,937 × ----------------] + B.
               [            $25,000 $    ]

For the purposes of these formulas,

(1)  A is the total tax paid by the particular individual;

(2)  B is the tax paid under section 16 in respect of the amount of the rebate to which the particular individual is entitled in respect of the supply of the complex or unit under subsection 2 of section 254 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and

(3)  C is the total consideration.

1995, c. 1, s. 313; 1997, c. 85, s. 643.

362.4. A rebate under section 362.2 shall not be paid to an individual in respect of a single unit residential complex or residential unit held in co-ownership unless the individual files an application for the rebate within two years after the day ownership of the complex or unit was transferred to the individual.

1995, c. 1, s. 313; 1997, c. 85, s. 644.

363. (Repealed).

1991, c. 67, s. 363; 1993, c. 19, s. 221.

364. (Repealed).

1991, c. 67, s. 364; 1993, c. 19, s. 221.

365. (Repealed).

1991, c. 67, s. 365; 1993, c. 19, s. 221.

366. The builder of a single unit residential complex or a residential unit held in co-ownership who has made a taxable supply of the complex or unit by way of sale to an individual and has transferred ownership of the complex or unit to the individual under the agreement for the supply may pay or credit to or in favour of the individual the amount of the rebate under section 362.2, if

(1)  tax under section 16 has been paid, or is payable, by the individual in respect of the supply;

(2)  the individual, within two years after the day ownership of the complex or unit was transferred to the individual under the agreement for the supply, submits to the builder, in the manner prescribed by the Minister, an application in prescribed form containing prescribed information for the rebate to which the individual would be entitled under section 362.2 in respect of the complex or unit if the individual applied therefor within the time allowed for such an application;

(3)  the builder agrees to pay or credit to or in favour of the individual any rebate under section 362.2 that is payable to the individual in respect of the complex; and

(4)  the tax payable in respect of the supply has not been paid at the time the individual submits an application to the builder for the rebate and, if the individual had paid the tax and made an application for the rebate, the rebate would have been payable to the individual under section 362.2.

1991, c. 67, s. 366; 1993, c. 19, s. 222; 1995, c. 1, s. 314; 1997, c. 85, s. 645.

367. Notwithstanding section 362.2, where an application of an individual for a rebate under that section in respect of a single unit residential complex or a residential unit held in co-ownership is submitted under section 366 to the builder of the complex or unit,

(1)  the builder shall transmit the application to the Minister with the builder’s return filed under Chapter VIII for the reporting period in which the rebate was paid or credited to the individual; and

(2)  notwithstanding section 28 of the Act respecting the Ministère du Revenu (chapter M‐31), no interest is payable in respect of the rebate.

1991, c. 67, s. 367; 1993, c. 19, s. 223; 1995, c. 1, s. 315.

368. Where the builder pays or credits the amount of a rebate under subsection 2 of section 254 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the complex or unit to or in favour of an individual under subsection 4 of that section, the builder shall pay or credit, pursuant to section 366, the amount of the rebate under section 362.2 in respect of the complex or unit to or in favour of the individual.

Section 366 does not apply where a builder of a single unit residential complex or a residential unit held in co-ownership does not pay or credit the amount of a rebate under subsection 2 of section 254 of the Excise Tax Act in respect of the residential complex or unit, to or in favour of an individual under subsection 4 of that section.

1991, c. 67, s. 368; 1993, c. 19, s. 224; 1995, c. 1, s. 316.

368.1. An individual who is not entitled to a rebate under section 362.2 in respect of a single unit residential complex or a residential unit held in co-ownership because the total consideration is $200,000 or more, but who is entitled to a rebate under subsection 2 of section 254 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the complex or unit, is entitled to a rebate of the tax paid under section 16 on the amount of the rebate to which the individual is entitled in respect of the complex or unit under subsection 2 of the said section 254.

1995, c. 1, s. 317.

369. (Repealed).

1991, c. 67, s. 369; 1993, c. 19, s. 225.

370. Where the builder of a single unit residential complex or a residential unit held in co-ownership pays or credits a rebate to or in favour of an individual under section 366 and the builder knows or ought to know that the individual is not entitled to the rebate or that the amount paid or credited exceeds the rebate to which the individual is entitled, the builder and the individual are solidarily liable to pay the amount of the rebate or excess to the Minister.

1991, c. 67, s. 370; 1995, c. 63, s. 510.

II.1.  — Residential complex and land

1994, c. 22, s. 572.

370.0.1. Subject to section 370.0.3, a particular individual who receives from a builder of a residential complex that is a single unit residential complex or a residential unit held in co-ownership a supply referred to in paragraph 1 is entitled to a rebate determined in accordance with section 370.0.2 if

(1)  under an agreement entered into between the builder of a single unit residential complex or a residential unit held in co-ownership and the particular individual, the builder makes to the particular individual

(a)  one or more exempt supplies under a long-term lease of, or by way of an assignment of a long-term lease of, the land attributable to the complex, and

(b)  an exempt supply by way of sale of the building or part thereof in which the residential unit forming part of the complex is situated;

(2)  at the time the particular individual becomes liable or assumes liability under the agreement, the particular individual is acquiring the complex for use as the primary place of residence of the particular individual, an individual related to the particular individual or a former spouse of the particular individual;

(3)  at the time possession of the complex is given to the particular individual under the agreement, the fair market value of the complex is less than $230,050;

(4)  the builder is deemed under section 223 to have made a supply of the complex as a consequence of giving possession of the complex to the particular individual under the agreement;

(5)  possession of the complex is given to the particular individual after the construction or substantial renovation of it is substantially completed;

(6)  after the construction or substantial renovation is substantially completed and before possession of the complex is given to the particular individual under the agreement, the complex was not occupied by any individual as a place of residence or lodging; and

(7)  either

(a)  the first individual to occupy the complex as a place of residence after substantial completion of the construction or substantial renovation is the particular individual, an individual related to the particular individual or a former spouse of the particular individual, or

(b)  the particular individual makes an exempt supply by way of sale or assignment of the whole of the particular individual’s interest in the complex and possession of the complex is transferred to the recipient of the supply before the complex is occupied by any individual as a place of residence or lodging.

This section does not apply where the builder of a residential complex is not required, because of an Act of the Legislature of Québec, other than this Act, or an Act of the Parliament of Canada or any other rule of law, to pay or remit the tax that the builder is deemed to have paid and collected under section 223 in respect of a supply of the complex deemed to have been made under that section.

1995, c. 1, s. 318; 1997, c. 85, s. 646.

370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to

(1)  where the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $201,294, the amount determined by the formula

        [2.46% × (A - B)] + (7.5% × B);        

(2)  where the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $201,294 but less than $230,050, the amount determined by the formula

  {                  [( $230,050 - C )]}
  {[2.46% × (A - B)]×[(--------------)]} + (7.5% × B).
  {                  [(    $28,756   )]}        

For the purposes of these formulas,

(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;

(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and

(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.

For the purposes of this section, the amount obtained by multiplying 2.46 % by the difference between A and B shall not exceed $4,937.

1995, c. 1, s. 318; 1997, c. 85, s. 647.

370.0.3. A rebate under section 370.0.1 shall not be paid to an individual in respect of a residential complex unless the individual files an application for the rebate within two years after the day ownership of the complex was transferred to the individual.

1995, c. 1, s. 318; 1997, c. 85, s. 648.

370.1. The builder of a single unit residential complex who makes a supply of the complex to an individual under an agreement referred to in paragraph 1 of section 370.0.1 and transfers possession of the complex to the individual under the agreement may pay to, or credit in favour of, the individual the amount of the rebate under section 370.0.1 where

(1)  the individual, within two years after the day possession of the complex is transferred to the individual under the agreement for the supply, submits to the builder, in the manner prescribed by the Minister, an application in prescribed form containing prescribed information for the rebate to which the individual would be entitled under section 370.0.1 in respect of the complex if the individual applied for it within the time allowed for such an application; and

(2)  the builder agrees to pay to, or credit in favour of, the individual any rebate under section 370.0.1 that is payable to the individual in respect of the complex.

1994, c. 22, s. 572; 1995, c. 1, s. 319; 1997, c. 85, s. 649.

370.2. Notwithstanding section 370.0.1, where an application of an individual for a rebate under this section in respect of a residential complex is submitted under section 370.1 to the builder of the complex,

(1)  the builder shall transmit the application to the Minister with the builder’s return filed under Chapter VIII for the reporting period in which the rebate was paid to, or credited in favour of, the individual; and

(2)  notwithstanding section 28 of the Act respecting the Ministère du Revenu (chapter M-31), interest is not payable in respect of the rebate.

1994, c. 22, s. 572; 1995, c. 1, s. 320.

370.3. Where the builder pays to or credits in favour of an individual under subsection 4 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) the amount of the rebate under subsection 2 of that section in respect of the residential complex, the builder shall pay to or credit in favour of the individual, under section 370.1, the amount of the rebate under section 370.0.1 in respect of the residential complex.

Section 370.1 does not apply where the builder of a residential complex does not pay to or credit in favour of an individual, under subsection 4 of section 254.1 of the Excise Tax Act, the amount of the rebate under subsection 2 of that section in respect of the residential complex.

1994, c. 22, s. 572; 1995, c. 1, s. 321.

370.3.1. An individual who is not entitled to a rebate under section 370.0.1 in respect of a residential complex because the fair market value of the residential complex is $230,050 or more, but who is entitled to a rebate under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the residential complex, is entitled to a rebate of 7.5 % of the amount of the rebate to which the individual is entitled in respect of the residential complex under subsection 2 of the said section 254.1.

1995, c. 1, s. 322; 1997, c. 85, s. 650.

370.4. Where the builder of a residential complex pays to or credits in favour of an individual a rebate under section 370.1 and the builder knows or ought to know that the individual is not entitled to the rebate or that the amount paid or credited exceeds the rebate to which the individual is entitled, the builder and the individual are solidarily liable to pay the amount of the rebate or excess to the Minister.

1994, c. 22, s. 572; 1995, c. 63, s. 510.

II.2.  — Cooperative housing corporation

1995, c. 1, s. 323.

370.5. Subject to section 370.7, a particular individual who receives from a cooperative housing corporation a supply of a share of the capital stock of the corporation is entitled to a rebate determined in accordance with section 370.6, if

(1)  the corporation transfers ownership of the share to the particular individual;

(2)  the corporation has paid tax in respect of a taxable supply to the corporation of a residential complex;

(3)  at the time the particular individual becomes liable or assumes liability under an agreement of purchase and sale of the share entered into between the corporation and the particular individual, the particular individual is acquiring the share for the purpose of using a residential unit in the complex as the primary place of residence of the particular individual, an individual related to the particular individual or a former spouse of the particular individual;

(4)  the total (in this section and in sections 370.6 and 370.8 referred to as the “total consideration”) of all amounts, each of which is the consideration payable for the supply to the particular individual of the share in the corporation or an interest in the complex or unit, is less than $230,050;

(5)  after the construction or substantial renovation of the complex is substantially completed and before possession of the unit is given to the particular individual as an incidence of ownership of the share, the unit was not occupied by any individual as a place of residence or lodging; and

(6)  either

(a)  the first individual to occupy the unit as a place of residence after possession of the unit is given to the particular individual is the particular individual, an individual related to the particular individual or a former spouse of the particular individual, or

(b)   the particular individual makes a supply by way of sale of the share and ownership of the share is transferred to the recipient of that supply before the unit is occupied by any individual as a place of residence or lodging.

1995, c. 1, s. 323; 1997, c. 85, s. 651.

370.6. For the purposes of section 370.5, the rebate to which a particular individual is entitled in respect of a supply of a share of the capital stock of a cooperative housing corporation is equal to

(1)  where the total consideration is not more than $201,294, the amount determined by the formula

            [2.46% × (A - B)] + (7.5% × B); and

(2)  where the total consideration is more than $201,294 but less than $230,050, the amount determined by the formula

       [          ($230,050 - A) ]
       [$4,937 × ----------------] + (7,5% × B).
       [             $28,756     ]

For the purposes of these formulas,

(1)  A is the total consideration; and

(2)  B is the rebate to which the particular individual is entitled in respect of the supply of a share of the capital stock of the cooperative housing corporation under subsection 2 of section 255 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

For the purposes of this section, the amount obtained by multiplying 2.46 % by the difference between A and B shall not exceed $4,937.

1995, c. 1, s. 323; 1997, c. 85, s. 652.

370.7. A rebate under section 370.5 shall not be paid to an individual in respect of a share of the capital stock of a cooperative housing corporation unless the individual files an application for the rebate within two years after the day ownership of the share was transferred to the individual.

1995, c. 1, s. 323; 1997, c. 85, s. 653.

370.8. An individual who is not entitled to a rebate under section 370.5 in respect of a share of the capital stock of a cooperative housing corporation because the total consideration is $230,050 or more, but who is entitled to a rebate under subsection 2 of section 255 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the share, is entitled to a rebate of 7.5 % of the amount of the rebate to which the individual is entitled in respect of the share under subsection 2 of the said section 255.

1995, c. 1, s. 323; 1997, c. 85, s. 654.

II.3.  — Self-supply of an immovable

1995, c. 1, s. 323.

370.9. Subject to section 370.12, a particular individual who constructs or substantially renovates, or engages another person to construct or substantially renovate for the particular individual, a residential complex that is a single unit residential complex or a residential unit held in co-ownership for use as the primary place of residence of the particular individual, an individual related to the particular individual or a former spouse of the particular individual, is entitled to a rebate determined in accordance with section 370.10, if

(1)  the fair market value of the complex, at the time the construction or substantial renovation thereof is substantially completed, is less than $200,000, excluding an amount equal to the tax that would be paid or payable by the particular individual under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the complex if it were acquired at that time by the particular individual for consideration equal to the fair market value of the complex as determined in accordance with that Act;

(2)  the particular individual has paid tax in respect of a supply by way of sale to the individual of the land that forms part of the complex or an interest therein or in respect of a supply to, or bringing into Québec by, the individual of any improvement thereto or, in the case of a mobile home or floating home, of the complex, the total of which tax is referred to in this section and section 370.10 as the “total tax paid by the particular individual”; and

(3)  either

(a)  the first individual to occupy the complex after the construction or substantial renovation is begun is the particular individual, an individual related to the particular individual or a former spouse of the particular individual, or

(b)  the particular individual makes an exempt supply by way of sale of the complex and ownership of the complex is transferred to the recipient of the supply before the complex is occupied by any individual as a place of residence or lodging.

1995, c. 1, s. 323; 1997, c. 85, s. 655.

370.9.1. Where an individual acquires an improvement in respect of a residential complex that the individual is constructing or substantially renovating and tax in respect of the improvement becomes payable by the individual more than two years after the day the complex is first occupied as described in subparagraph a of paragraph 3 of section 370.9, that tax shall not be included under paragraph 2 of section 370.9 in determining the total tax paid by the individual.

1997, c. 85, s. 656.

370.10. For the purposes of section 370.9, the rebate to which a particular individual is entitled in respect of the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership is equal to

(1)  where the fair market value referred to in paragraph 1 of section 370.9 is not more than $175,000, the amount determined by the formula

               [36% × (A - B)] + B; and

(2)  where the fair market value referred to in paragraph 1 of section 370.9 is more than $175,000 but less than $200,000, the amount determined by the formula

       {                  [  ($200,000 - C) ]}
       {[36% × (A - B)] × [-----------------]} + B.
       {                  [     $25,000     ]}

For the purposes of these formulas,

(1)  A is the total tax paid by the particular individual before an application for the rebate is filed with the Minister in accordance with section 370.12;

(2)  B is the tax paid under section 16 in respect of the amount of the rebate to which the particular individual is entitled in respect of the construction or substantial renovation of the residential complex under subsection 2 of section 256 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and

(3)  C is the fair market value referred to in paragraph 1 of section 370.9.

For the purposes of this section, the amount obtained by multiplying 36 % by the difference between A and B shall not exceed $4,937.

1995, c. 1, s. 323; 1997, c. 85, s. 657.

370.11. For the purposes of section 370.9, a particular individual is deemed to have constructed a mobile home or floating home and to have substantially completed the construction immediately before the earlier of the times referred to in paragraph 3, if

(1)  the particular individual brings into Québec or receives a supply by way of sale of a mobile home or floating home that has never been used or occupied by any individual as a place of residence or lodging and does not file with the Minister, or submit to the supplier, an application for a rebate in respect of the home under subdivision II or II.1;

(2)  the particular individual is acquiring or bringing into Québec the mobile home or floating home for use as the primary place of residence of the particular individual, an individual related to the particular individual or a former spouse of the particular individual; and

(3)  the first individual to occupy the mobile home or floating home at any time is the particular individual, an individual related to the particular individual or a former spouse of the particular individual, or the particular individual at any time transfers ownership of the home under an agreement for an exempt supply by way of sale of the home.

In the case of a mobile home or floating home brought into Québec by the individual, any occupation or use of the home outside Québec is deemed not to be occupation or use of the home.

1995, c. 1, s. 323; 1997, c. 85, s. 658.

370.12. A rebate under section 370.9 shall not be paid to an individual in respect of a residential complex unless the individual files an application for the rebate within two years after the earlier of

(1)  the day that is two years after the day the complex is first occupied as described in subparagraph a of paragraph 3 of section 370.9;

(1.1)  the day ownership of the complex is transferred as described in subparagraph b of paragraph 3 of section 370.9; and

(2)   the day construction or substantial renovation of the complex is substantially completed.

1995, c. 1, s. 323; 1997, c. 85, s. 659.

370.13. An individual who is not entitled to a rebate under section 370.9 in respect of the construction or substantial renovation of a single unit residential complex because the fair market value referred to in paragraph 1 of section 370.9 is $200,000 or more, but who is entitled to a rebate under subsection 2 of section 256 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the construction or substantial renovation of the complex, is entitled to a rebate of the tax paid under section 16 on the amount of the rebate to which the individual is entitled in respect of the construction or substantial renovation of the complex under subsection 2 of the said section 256.

1995, c. 1, s. 323.

III.  — 

Repealed, 1993, c. 19, s. 226.

1993, c. 19, s. 226.

371. (Repealed).

1991, c. 67, s. 371; 1993, c. 19, s. 226.

372. (Repealed).

1991, c. 67, s. 372; 1993, c. 19, s. 226.

373. (Repealed).

1991, c. 67, s. 373; 1993, c. 19, s. 226.

374. (Repealed).

1991, c. 67, s. 374; 1993, c. 19, s. 226.

IV.  — 

Repealed, 1993, c. 19, s. 226.

1993, c. 19, s. 226.

375. (Repealed).

1991, c. 67, s. 375; 1993, c. 19, s. 226.

376. (Repealed).

1991, c. 67, s. 376; 1993, c. 19, s. 226.

377. (Repealed).

1991, c. 67, s. 377; 1993, c. 19, s. 226.

378. (Repealed).

1991, c. 67, s. 378; 1993, c. 19, s. 226.

IV.1.  — Supply of land

1994, c. 22, s. 573.

378.1. Subject to section 378.3, each person (in this subdivision referred to as the “landlord”) who is an owner or lessee of land and is not the particular lessee and who makes an exempt supply of land described in section 99 to a particular lessee who is acquiring the land for the purpose of making a supply of an immovable that includes the land, is entitled to a rebate determined in accordance with section 378.2 where

(1)  the supply made by the particular lessee is an exempt supply described in paragraph 1 of section 98 or in paragraph 1 or 2 of section 100, other than an exempt supply described in paragraph 1 of section 100 made to a person described in subparagraph b thereof; and

(2)  as a result of the supply, the particular lessee is deemed under any of sections 222.1 to 222.3 and 223 to 231.1 to have made a supply of the immovable at a particular time.

1994, c. 22, s. 573.

378.2. For the purposes of section 378.1, the rebate to which a landlord is entitled in respect of the exempt supply of land described in section 99 is determined by the formula

                        A - B.

For the purposes of this formula,

(1)  A is the total (in this section referred to as the “total tax charged in respect of the land”) of the tax that was or would, but for sections 75.1 and 80, have been payable by the landlord in respect of the last acquisition of the land by the landlord and the tax that was payable by the landlord in respect of improvements to the land acquired or brought into Québec by the landlord after the land was last so acquired; and

(2)  B is the total of the input tax refund and all other rebates that the landlord was entitled to claim in respect of any tax included in the total tax charged in respect of the immovable.

1994, c. 22, s. 573.

378.3. A rebate shall not be paid under section 378.1 to a landlord in respect of a supply of the land made to a person who will be deemed under any of sections 222.1 to 222.3 and 223 to 231.1 to have made on a particular day another supply of the immovable that includes the land, unless the landlord files an application for the rebate on or before the day that is two years after the particular day.

1994, c. 22, s. 573; 1997, c. 85, s. 660.

V.  — Supply of an immovable by a non-registrant

379. Subject to section 380, a person who is not a registrant and who makes a taxable supply by way of sale of an immovable is entitled to a rebate equal to the lesser of

(1)  the basic tax content of the immovable at the time of the supply; and

(2)  the tax that is or would, but for sections 75.1 and 80, be payable in respect of the taxable supply.

1991, c. 67, s. 379; 1994, c. 22, s. 574; 1997, c. 85, s. 660.

380. A rebate under section 379 shall not be paid to a person in respect of a supply by way of sale of an immovable by the person unless the person files an application for the rebate within two years after the day the consideration for the supply became due or was paid without having become due.

1991, c. 67, s. 380; 1997, c. 85, s. 660.

380.1. Where, for the purpose of satisfying in whole or in part a debt or obligation owing by a person (in this section referred to as the “debtor”), a creditor exercises a right under an Act of the Legislature of Québec, another province, the Northwest Territories or the Yukon Territory or of the Parliament of Canada or an agreement relating to a debt security to cause the supply of an immovable and, under the Act or the agreement, the debtor has a right to redeem the immovable, the following rules apply:

(1)  the debtor is not entitled to claim a rebate under section 379 in respect of the immovable unless the time limit for redeeming the immovable has expired and the debtor has not exercised the debtor’s right of redemption; and

(2)  where the debtor is entitled to claim the rebate, consideration for the supply is deemed, for the purposes of section 380, to have become due on the day on which the time limit for redeeming the immovable expires.

1997, c. 85, s. 661.

§ 4 . — Legal aid

381. Subject to section 382, a corporation responsible for the administration of legal aid under the Legal Aid Act (chapter A-14) that pays tax in respect of a taxable supply of professional legal aid service is entitled to a rebate of the tax paid by the corporation in respect of the supply and shall not be entitled to any other rebate under this division in respect of tax on that supply.

1991, c. 67, s. 381.

382. A corporation referred to in section 381 is not entitled to a rebate under that section in respect of tax paid by the corporation unless the corporation files with the Minister an application for the rebate within four years after the end of the reporting period of the corporation in which the tax became payable.

1991, c. 67, s. 382.

§ 5 . — Rebate to certain organizations

383. For the purposes of this section and sections 384 to 397,

“charity” includes a non-profit organization that operates, otherwise than for profit, a health care institution within the meaning of paragraph 2 of the definition of that expression in section 108;

“claim period” of a person at any time means

(1)  where the person is a registrant at that time, the reporting period of the person that includes that time; and

(2)  in any other case, the period that includes that time and consists of either

(a)  the first and second fiscal quarters in a fiscal year of the person, or

(b)  the third and fourth fiscal quarters in a fiscal year of the person;

“non-profit organization” includes a prescribed government organization;

“non-refundable input tax charged”, in respect of property or a service for a claim period of a person, means the amount, if any, by which

(1)  the total (in this section and in sections 384 to 397 referred to as “the total tax charged in respect of the property or service”) of all amounts each of which is

(a)  tax in respect of the supply or bringing into Québec of the property or service that became payable by the person during the period or that was paid by the person during the period without having become payable, other than tax deemed to have been paid by the person or in respect of which the person is not entitled to claim an input tax refund only because of section 350.27,

(b)  tax deemed under sections 209, 223 to 231.1, 275, 323.1, 341.1 and 341.7 to have been collected during the period by the person in respect of the property or service,

(b.1)  where the person is not a charity to which section 433.2 applies, tax deemed under section 323.2 or 323.3 to have been collected during the period by the person in respect of the property or service,

(c)  tax, calculated on the amount of an allowance in respect of the property or service, that is deemed under section 211 to have been paid during the period by the person,

(d)  tax deemed under section 212 to have been paid during the period by the person in respect of the property or service, or

(e)  an amount in respect of the property or service that is required under sections 210 and 341.3 to be added in determining the net tax of the person for the period; exceeds

(2)  the total of all amounts each of which is included in the total determined under paragraph 1 and

(a)  is included in determining an input tax refund of the person in respect of the property or service for the period,

(b)  would be included in determining an input tax refund of the person in respect of the property or service for the period, but for the fact that the person is a large business within the meaning of sections 551 to 551.4 of chapter 63 of the statutes of 1995, or

(c)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund or remission under any other section of this Act or under any other Act;

“percentage of government funding” of a person for a fiscal year of the person means the percentage determined in prescribed manner;

“selected public service body” means

(1)  a hospital authority;

(2)  a school authority or university that is established and operated otherwise than for profit;

(3)  a public college that is established and operated otherwise than for profit;

(4)  (paragraph repealed).

1991, c. 67, s. 383; 1994, c. 22, s. 575; 1995, c. 63, s. 439; 1997, c. 85, s. 662; 1999, c. 83, s. 317.

384. (Repealed).

1991, c. 67, s. 384; 1994, c. 22, s. 576.

385. For the purposes of this subdivision, a person is a qualifying non-profit organization at any time in a fiscal year of the person if, at that time, the person is a non-profit organization and the percentage of government funding of the person for the year is at least 40%.

1991, c. 67, s. 385.

386. Subject to sections 386.2 and 387, a person who, on the last day of a claim period of the person or of the fiscal year of the person that includes that claim period, is a selected public service body, a charity or a qualifying non-profit organization, is entitled to a rebate for the claim period equal to one of the following percentages, as the case may be, of the non-refundable input tax charged in respect of property or a service, other than a prescribed property or service:

(1)  50% for a charity or a qualifying non-profit organization, unless it is a selected public service body;

(2)  (subparagraph repealed);

(3)  47% for a school authority, a public college or a university;

(4)  70% for a hospital authority (*).

This section does not apply

(1)  to a person who is a prescribed registrant for the purposes of section 279;

(2)  to a person who is a qualifying non-profit organization, in respect of activities that involve the making of supplies referred to in sections 162 to 165 and 167;

(3)  to a person who is a qualifying non-profit organization, other than a selected public service body, in respect of activities that involve the making of supplies referred to in sections 154 and 161 where those supplies are intended for clients belonging to a territory under the jurisdiction of a local municipality or regional municipality within the meaning assigned to those expressions by section 139.

1991, c. 67, s. 386; 1993, c. 19, s. 227; 1994, c. 22, s. 577; 1995, c. 63, s. 440; 1997, c. 14, s. 344; 1997, c. 85, s. 663.

(*): The rate of 70% for a hospital authority has effect in respect of tax that becomes payable after 9 May 1995 and that is not paid before 10 May 1995. However, the rate is 66% in respect of tax that becomes payable after 31 March 1997 and that is not paid before 1 April 1997, 60% in respect of tax that becomes payable after 31 March 2000 and that is not paid before 1 April 2000, 55% in respect of tax that becomes payable after 31 March 2003 and that is not paid before 1 April 2003 and 51.5% in respect of tax that becomes payable after 31 March 2006 and that is not paid before 1 April 2006 (1997, c. 14, s. 344, subs. 2).

386.1. (Repealed).

1994, c. 22, s. 578; 1995, c. 63, s. 441; 1997, c. 85, s. 664.

386.2. Where a person is a charity, a public institution, other than a local authority that is a municipality for the purposes of paragraph 2 of the definition of “municipality” in section 1, or a qualifying non-profit organization, and a selected public service body, the rebate, if any, payable to the person under section 386 in respect of property or a service for a claim period is equal to the total of

(1)  50% of the non-refundable input tax charged in respect of the property or service for the claim period; and

(2)  the total of amounts each of which is an amount determined by the formula

A × B × C.

For the purposes of this formula,

(1)  notwithstanding section 2, A is the percentage prescribed in section 386 applicable to a selected public service body described in whichever of paragraphs 1 to 3 of the definition of that expression in section 383 applies to the person minus 50%;

(2)  B is an amount that is included in the total tax charged in respect of the property or service for the claim period and that is

(a)  the amount of tax in respect of a supply of property made to the person, or a bringing into Québec of the property by the person, at any time;

(b)  an amount deemed to have been paid or collected, at any time, by the person;

(c)  an amount that is required to be added under sections 341.2 and 341.3 in determining the net tax of the person because a division or branch of the person becomes a small supplier division at any time; or

(d)  an amount that is required to be added under paragraph 2 of section 210 in determining the net tax of the person because the person ceases, at any time, to be a registrant; and

(3)  C is the extent, expressed as a percentage, to which the person intended, at that time, to consume, use or supply the property or service in the course of activities engaged in by the person in the course of operating a hospital centre or public hospital, an elementary or secondary school, a post-secondary college or post-secondary technical institute, a recognized degree-granting institution or a college affiliated with, or research institute of, such an institution, as the case may be.

1997, c. 85, s. 665.

387. A person referred to in section 386 is not entitled to a rebate under that section in respect of non-refundable input tax charged for a claim period of the person unless the person files an application for the rebate after the first day in the fiscal year that the person is a selected public service body, charity or qualifying non-profit organization and within four years after the day that is

(1)  where the person is a registrant, the day on or before which the person is required to file a return under Chapter VIII for the period; and

(2)  where the person is not a registrant, the last day of the claim period.

1991, c. 67, s. 387; 1994, c. 22, s. 579; 1997, c. 85, s. 666.

388. Except where section 396 or 397 applies, a person shall not make more than one application for rebates under section 387 for any claim period of the person.

1991, c. 67, s. 388; 1994, c. 22, s. 579.

388.1. A prescribed municipality is entitled to compensation, paid by the Minister at the prescribed time, in an amount equal to the amount prescribed for the years 1992 to 1996.

Such compensations are deemed to be repayments for the purposes of the Act respecting the Ministère du Revenu (chapter M-31).

1993, c. 19, s. 228; 1994, c. 22, s. 579; 1995, c. 1, s. 361; 1997, c. 85, s. 667.

388.2. The municipalities of Montréal and Québec are entitled, in respect of a year that begins after 1996, to compensation paid by the Minister before 30 June each year.

The compensation is equal to the amount prescribed for the year 1996 for those municipalities under section 388.1, indexed annually according to the rate of increase in personal consumer spending for recreation and entertainment in current dollars in Québec for the 12 months of the preceding year as compared with the 12 months of the year preceding that year, as determined by the Institut de la statistique du Québec.

The compensation is deemed to be a refund for the purposes of the Act respecting the Ministère du Revenu (chapter M-31).

1997, c. 14, s. 345; 1997, c. 85, s. 668; 1998, c. 44, s. 60.

388.3. Section 69 applies, with the necessary modifications, to determine compensation under section 388.2.

1997, c. 14, s. 345.

389. A prescribed person may determine, in accordance with prescribed rules, the rebates to which the person is entitled under sections 383 to 388 and 394 to 397.

1991, c. 67, s. 389; 1994, c. 22, s. 579; 1997, c. 85, s. 669.

390. (Repealed).

1991, c. 67, s. 390; 1994, c. 22, s. 580.

391. (Repealed).

1991, c. 67, s. 391; 1994, c. 22, s. 581; 1997, c. 85, s. 670.

392. (Repealed).

1991, c. 67, s. 392; 1994, c. 22, s. 581; 1997, c. 85, s. 670.

393. (Repealed).

1991, c. 67, s. 393; 1994, c. 22, s. 581; 1997, c. 85, s. 670.

394. Where a particular selected public service body described in any of the paragraphs of the definition of the expression in section 383 acquires or brings into Québec property or a service primarily for consumption, use or supply in the course of activities engaged in by another body described in any other of those paragraphs, for the purpose of determining the amount of a rebate under section 386 to the body in respect of the non-refundable input tax charged in respect of the property or service for any claim period of the body, the body is deemed to be engaged in those activities.

1991, c. 67, s. 394; 1994, c. 22, s. 581; 1997, c. 85, s. 671.

395. Where a person acquires or brings into Québec property or a service primarily for consumption, use or supply in the course of activities engaged in by the person acting in the capacity of a selected public service body described in any of the paragraphs of the definition of the expression in section 383, the amount of any rebate under section 386 to the person in respect of the non-refundable input tax charged in respect of the property or service for a claim period of the person shall be determined as if the person were not a selected public service body described in any other of those paragraphs.

1991, c. 67, s. 395; 1994, c. 22, s. 581; 1997, c. 85, s. 672.

396. Where a person who is entitled to a rebate under section 386 is engaged in one or more activities in separate divisions or branches and is authorized under section 475 to file separate returns under Chapter VIII in relation to a division or branch, the person

(1)  shall file separate applications under section 387 in respect of the division or branch; and

(2)  shall not make more than one such application in respect of the division or branch for any claim period of the person.

1991, c. 67, s. 396; 1994, c. 22, s. 581; 1997, c. 85, s. 673.

397. Where a person who has not made an application under section 474 is entitled to a rebate under section 386 and is engaged in one or more activities in separate divisions or branches,

(1)  sections 474 and 475 apply to the person as if the references therein to “commercial activities” were references to “activities”, as if the references therein to “separate returns under this chapter” and “separate returns” were references to “applications under section 387”, and as if the references therein to “registrant” were references to “person”;

(2)  where, because of this section, a division or branch of the person is authorized under section 475 to file separate applications for rebates under section 387, the person shall not make more than one such application in respect of the division or branch for any claim period of the person; and

(3)  where, because of this section, the person is authorized under section 475 to file separate applications for rebates under section 387 in relation to a division or branch and the person is required to file returns under Chapter VIII, the person shall file separate returns under that chapter in respect of the division or branch.

1991, c. 67, s. 397; 1994, c. 22, s. 581; 1997, c. 85, s. 674.

398. Subject to section 399, where a person that is a charity or a public institution is the recipient of a supply of property or a service, has paid tax in respect of the supply and has taken or shipped the property or service outside Québec, the person is entitled to a rebate of the tax paid in respect of the supply.

1991, c. 67, s. 398; 1997, c. 85, s. 675.

399. A person is entitled to a rebate under section 398 in respect of a supply of property or a service only if the person files an application for the rebate within four years after the end of the fiscal year of the person in which tax in respect of the supply became payable.

1991, c. 67, s. 399; 1997, c. 85, s. 675.

§ 6 . — Amount paid in error

400. Subject to section 401, a person who has paid an amount as or on account of, or that was taken into account as, tax, net tax, penalty, interest or other obligation under this Title in circumstances where the amount was not payable or remittable by the person, whether the amount was paid by mistake or otherwise, is entitled to a rebate of that amount, except to the extent that

(1)  the amount was taken into account as tax or net tax for a reporting period of the person and the person has been assessed for the period;

(2)  the amount paid was tax, net tax, penalty, interest or any other amount assessed; or

(3)  a rebate of the amount is payable under sections 17.5 and 17.6.

1991, c. 67, s. 400; 1994, c. 22, s. 582.

401. A person is entitled to a rebate under section 400 in respect of an amount only if the person files an application for the rebate within two years after the day the amount was paid or remitted by the person.

1991, c. 67, s. 401; 1997, c. 85, s. 676.

402. Subject to sections 402.0.1 and 402.0.2, not more than one application for a rebate under section 400 may be made by a person in any calendar month.

1991, c. 67, s. 402; 1994, c. 22, s. 583.

402.0.1. A person may file separate applications for rebate under section 400 in respect of a division or branch where

(1)  the person is entitled to a rebate under section 400;

(2)  the person is engaged in one or more activities in separate divisions or branches; and

(3)  the person is authorized under section 475 to file separate returns under Chapter VIII in relation to a division or branch.

Not more than one application for a rebate under section 400 in respect of the division or branch may be made by the person referred to in the first paragraph in any calendar month.

1994, c. 22, s. 584.

402.0.2. Where a person who has not made an application under section 474 is entitled to a rebate under section 400 and is engaged in one or more activities in separate divisions or branches, the following rules apply:

(1)  sections 474 and 475 apply to the person as if the references therein to “commercial activities” were references to “activities”, as if the references therein to “separate returns under this chapter” and “separate returns” were references to “applications under section 400”, and as if the references therein to “registrant” were references to “person”; and

(2)  where, because of this section, the person is authorized under section 475 to file separate applications for rebates under section 400 in relation to a division or branch, not more than one application for a rebate in respect of the division or branch may be made by the person in any calendar month.

1994, c. 22, s. 584.

§ 6.1 . —

Repealed, 1995, c. 63, s. 442, s. 443.

1993, c. 19, s. 229; 1995, c. 63, s. 442, s. 443.

402.1. (Repealed).

1993, c. 19, s. 229; 1995, c. 63, s. 442.

402.2. (Repealed).

1993, c. 19, s. 229; 1995, c. 63, s. 443.

§ 6.2 . — Used road vehicle

1995, c. 1, s. 324.

402.3. Subject to section 402.5, a person is entitled to a rebate, determined in accordance with section 402.4, in respect of the tax paid by the person under section 16 in respect of a supply by way of sale of a used road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the person, or under section 17 in respect of such a vehicle brought into Québec immediately after the time of the supply by way of sale outside Québec and used within 12 months after the supply or brought into Québec by the person being a small supplier who is not a registrant in order to make a supply of the vehicle for consideration, if

(1)  the vehicle is damaged or shows unusual wear at the time of the supply;

(2)  the tax paid by the person was calculated on the estimated value of the vehicle for the purposes either of section 55.0.1 or of subparagraph a of subparagraph 2.1 or subparagraph b of subparagraph 2.2 of the second paragraph of section 17; and

(3)  a written estimate of the vehicle or a written estimate of the repairs to be carried out in respect of the vehicle is made, within a reasonable time after the time of the supply, by the person referred to in the second paragraph of section 55.0.3.

1995, c. 1, s. 324; 1995, c. 63, s. 444.

402.4. The rebate to which a person is entitled under section 402.3 in respect of tax paid by the person for the supply or bringing into Québec of a road vehicle is equal to the amount determined by the formula

A − B.

For the purposes of this formula,

(1)  A is the tax paid by the person;

(2)  B is the tax that would have been payable by the person if it had been calculated on the estimated value of the vehicle, for the purposes either of section 55.0.1 or of subparagraph a of subparagraph 2.1 or subparagraph b of subparagraph 2.2 of the second paragraph of section 17, reduced by

(a)  the amount by which that value exceeds the value of the vehicle as shown on the written estimate referred to in paragraph 3 of section 402.3, or

(b)  the amount by which the value of the repairs to be made in respect of the vehicle as shown on the written estimate referred to in paragraph 3 of section 402.3 exceeds $500.

1995, c. 1, s. 324; 1995, c. 63, s. 445.

402.5. A person is not entitled to the rebate provided for in section 402.3 in respect of tax paid by the person with respect to a supply or a bringing into Québec of a road vehicle unless

(1)  the person files an application for the rebate within four years after the date the tax was paid; and

(2)  the application for a rebate is accompanied by the written estimate referred to in paragraph 3 of section 402.3.

1995, c. 1, s. 324.

§ 7 . — Rules applicable to this division

403. An application for a rebate under this division, other than a rebate referred to in subdivision 2, shall be made in prescribed form containing prescribed information and shall be filed with and as prescribed by the Minister.

Only one application may be made under this division for a rebate with respect to any matter.

1991, c. 67, s. 403; 1994, c. 22, s. 585.

404. A person is not entitled to a rebate of an amount under sections 17.5 to 17.7 or under this division to the extent that it may reasonably be considered that

(1)  the amount has previously been rebated, refunded or remitted to that person under this or any other Act;

(2)  the person has claimed or is entitled to claim an input tax refund in respect of the amount; or

(3)  the person has obtained or is entitled to obtain a rebate, refund, remission of or compensation for the amount under any other section of this Act or under any other Act.

1991, c. 67, s. 404; 1994, c. 22, s. 586; 1997, c. 14, s. 346.

405. For the purposes of this division, the fiscal year of a person is the fiscal year of the person within the meaning of section 458.1.

1991, c. 67, s. 405; 1994, c. 22, s. 587.

DIVISION II

Repealed, 1997, c. 14, s. 347.

1997, c. 14, s. 347.

406. (Repealed).

1991, c. 67, s. 406; 1997, c. 14, s. 347.

CHAPTER VIII TAX COLLECTION AND REMITTANCE

DIVISION I REGISTRATION

407. Every person who makes a taxable supply in Québec in the course of a commercial activity engaged in by the person in Québec is required to be registered, except where

(1)  the person is a small supplier;

(2)  the only commercial activity of the person is making supplies of immovables by way of sale otherwise than in the course of a business; or

(3)  the person is not resident in Québec and does not carry on any business in Québec;

(4)  (paragraph repealed).

1991, c. 67, s. 407; 1994, c. 22, s. 588; 1995, c. 63, s. 446.

407.1. Notwithstanding section 407, every small supplier who carries on a taxi business is required to be registered in respect of that business.

1994, c. 22, s. 589.

407.2. Notwithstanding section 407, every person who engages in the retail sale of tobacco within the meaning of the Tobacco Tax Act (chapter I-2) is required to be registered in respect of that activity.

Sections 411.1, 415.1 and 417.1, adapted as required, apply to every small supplier who engages in the retail sale of tobacco.

1995, c. 47, s. 9; 1997, c. 14, s. 348.

407.3. Notwithstanding section 407, every small supplier who makes a supply of alcoholic beverages is required to be registered in respect of that activity.

The first paragraph does not apply to a small supplier who, while being the holder of a valid reunion permit issued under the Act respecting liquor permits (chapter P-9.1), makes a supply of alcoholic beverages that is authorized under that permit.

Sections 411.1, 415.1 and 417.1 apply, with the necessary modifications, to every small supplier who is required to be registered under this section.

1995, c. 63, s. 447.

407.4. Notwithstanding section 407, every small supplier who engages in the retail sale of fuel, within the meaning of the Fuel Tax Act (chapter T-1), is required to be registered in respect of that activity.

Sections 411.1, 415.1 and 417.1 apply, with the necessary modifications, to every small supplier who is required to be registered under this section.

1999, c. 65, s. 50.

408. Notwithstanding section 407 and subject to subparagraph i of subparagraph b of subparagraph 2 of the first paragraph of section 411, a person who is a small supplier who, at any time, applies to the Minister of National Revenue for registration under subsection 3 of section 240 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) shall, at that time, apply to the Minister for registration.

1991, c. 67, s. 408; 1997, c. 85, s. 677.

409. A person is deemed to be carrying on business in Québec and is required to be registered where

(1)  the person, other than a small supplier, whether or not resident in Québec, whether through an employee or a mandatary or by means of advertising directed at the Québec market, solicits orders in Québec for the supply by the person of, or offers to supply, property that is prescribed property for the purposes of section 24.1 and that is to be sent by mail or courier to the recipient at an address in Québec; or

(2)  the person is not resident in Québec and makes, in Québec, a taxable supply, other than a zero-rated supply, of a passenger transportation service within the meaning of Division VII of Chapter IV.

1991, c. 67, s. 409; 1994, c. 22, s. 590.

409.1. Every person, other than a small supplier, who is not resident in Québec but is resident in Canada, who does not carry on a business in Québec and who, in the course of a business carried on by the person in Canada, solicits orders in Québec for the taxable supply, other than a zero-rated supply, by the person of corporeal movable property, other than prescribed property for the purposes of section 24.1, to be delivered in Québec to a consumer is required to be registered and shall apply to the Minister for registration before the day the person first makes such a supply.

1995, c. 63, s. 448.

410. Every person who enters Québec for the purpose of making taxable supplies of admissions in respect of an activity, seminar, event or place of amusement is required to be registered and shall, before making any such supply, apply to the Minister for registration.

1991, c. 67, s. 410; 1994, c. 22, s. 590.

410.1. A person required under sections 407 to 407.4 to be registered shall apply to the Minister for registration before

(1)  in the case of a person required under section 407.1 to be registered in respect of a taxi business, the day the person first makes a taxable supply in Québec in the course of that business;

(1.1)  in the case of a person required under section 407.2 to be registered in respect of the retail sale of tobacco, the day the person first engages in the retail sale of tobacco;

(1.2)  in the case of a person required under section 407.3 to be registered in respect of the supply of alcoholic beverages, the day the person first makes a taxable supply of alcoholic beverages in Québec;

(1.3)  in the case of a person required under section 407.4 to be registered in respect of the retail sale of fuel, the day the person first makes a retail sale of fuel in Québec; and

(2)  in any other case, the day the person first makes a taxable supply in Québec, otherwise than as a small supplier, in the course of a commercial activity engaged in by the person in Québec.

1994, c. 22, s. 591; 1995, c. 47, s. 10; 1995, c. 63, s. 549; 1995, c. 63, s. 449; 1999, c. 65, s. 51.

411. A person who is not required under sections 407 to 407.4 and 409 to 410 to be registered may make an application for registration to the Minister if the person

(1)  is engaged in a commercial activity in Québec; or

(2)  is not resident in Québec and, in the ordinary course of carrying on business outside Québec,

(a)  regularly solicits orders for the supply of corporeal movable property for shipping or delivery in Québec, or

(b)  has entered into an agreement for the supply by the person of

i.  services to be performed in Québec, other than a supply of a transportation service referred to in the second paragraph,

ii.  incorporeal movable property to be used in Québec, or

iii.  incorporeal movable property that relates to an immovable situated in Québec, corporeal movable property ordinarily located in Québec or services to be performed in Québec.

The supply of transportation services referred to in subparagraph i of subparagraph b of subparagraph 2 of the first paragraph is a zero-rated supply of a freight transportation service, or a supply of such a service deemed under section 24.2 to have been made outside Québec, made by a person not resident in Québec but resident in Canada.

Notwithstanding subparagraph 1 of the first paragraph, no person who is a small supplier may make an application for registration under that paragraph unless the person applies to the Minister of National Revenue for registration under subsection 3 of section 240 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

1991, c. 67, s. 411; 1994, c. 22, s. 592; 1995, c. 47, s. 11; 1995, c. 63, s. 450; 1997, c. 85, s. 679; 1999, c. 65, s. 52.

411.0.1. A person not resident in Québec, who is not required to be registered under this division and may not apply to be registered under section 411, may apply to the Minister to be registered if, under an agreement between the person and a registrant,

(1)  the registrant makes in Québec a supply, other than an exempt supply, of corporeal movable property by way of sale or of a service of manufacturing or producing such property to the person not resident in Québec, or acquires physical possession of corporeal movable property, other than property of a person who is resident in Québec, for the purpose of making a supply, other than an exempt supply, of a commercial service in respect of the property to the person not resident in Québec;

(2)  the registrant is required to cause physical possession of the property to be transferred, at any time, at a place in Québec, to a third person or to the person not resident in Québec; and

(3)  the person not resident in Québec is not a consumer of the property or service supplied by the registrant under the agreement;

(4)  (paragraph repealed).

1995, c. 1, s. 325; 1995, c. 63, s. 451.

411.1. A person who is a small supplier carrying on a taxi business may file with and as prescribed by the Minister a request, in prescribed form containing prescribed information, to have the registration of the person apply in respect of all commercial activities engaged in by the person in Québec.

Notwithstanding the first paragraph, a person who is a small supplier may not request a variation of registration as provided for therein, unless the person applies to the Minister of National Revenue for registration under section 240 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of all the commercial activities engaged in by the person in Canada.

The Minister may approve the request filed under the first paragraph and shall thereupon notify the person in writing of the date from which the registration applies to all the commercial activities engaged in by the person in Québec.

The variation provided for in this section becomes effective on the date from which the registration under section 240 of that Act applies to all the commercial activities engaged in in Canada by the person.

1994, c. 22, s. 593; 1997, c. 85, s. 680.

412. An application for registration shall be made in prescribed form containing prescribed information and shall be filed with and as prescribed by the Minister.

1991, c. 67, s. 412.

413. (Repealed).

1991, c. 67, s. 413; 1993, c. 79, s. 56.

414. (Repealed).

1991, c. 67, s. 414; 1993, c. 79, s. 56.

415. The Minister may register any person applying to be registered and, for that purpose, the Minister, or any person he authorizes, shall assign a registration number to the person and notify the person in writing by way of a registration certificate of the registration number and the effective date of the registration.

The registration certificate shall be kept at the principal establishment of its holder in Québec and may not be transferred.

1991, c. 67, s. 415; 1997, c. 3, s. 129.

415.0.1. A registration certificate issued pursuant to this Title to a person who engages in the retail sale of tobacco is deemed to have been issued in respect of each establishment within the meaning of the Tobacco Tax Act (chapter I-2) in which that person engages in that activity.

1998, c. 33, s. 66.

415.1. Where, on the day on which the registration under the first paragraph of section 415 of a person becomes effective or is varied under section 417.1, the person is a small supplier carrying on a taxi business and an approval under section 411.1 in respect of the registration does not become effective on that day, the registration does not apply to any other commercial activity engaged in by the person in Québec throughout the period commencing on that day and ending on the earlier of

(1)  the first day thereafter that the person ceases to be a small supplier; and

(2)  the day, specified in a notice issued under section 411.1 in respect of that registration or varied registration, as the case may be, from which the registration is to apply to all commercial activities engaged in by the person in Québec.

1994, c. 22, s. 594.

416. The Minister may, after giving a person who is registered reasonable written notice, cancel the registration of the person if it is established to the Minister’s satisfaction that the registration is not required for the purposes of this Title.

1991, c. 67, s. 416.

416.1. The Minister shall, after giving a person reasonable notice,

(1)  cancel the person’s registration where

(a)  the person is not required to be registered under this Title, and

(b)  the person is not registered under section 240 of Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

(2)  vary the person’s registration so that the registration apply only in respect of the taxi business of the person, the retail sale of tobacco or the supply of alcoholic beverages by the person where

(a)  the present registration of the person applies to an activity other than an activity in respect of which the person is required to be registered, and

(b)  the person is not registered under section 240 of Part IX of the Excise Tax Act in respect of that other activity.

Section 209 or paragraph 1 of section 210.4, as the case may be, does not apply in respect of a cancellation or variation of registration provided for in subparagraphs 1 and 2 of the first paragraph.

The first paragraph does not apply where the person applies to the Minister of National Revenue for registration or for a variation of registration under subsection 3.1 of section 240 of the Excise Tax Act in respect of an activity other than an activity in respect of which the person is required to be registered and such registration or variation of registration is effective before the time the cancellation or variation provided for in the first paragraph becomes effective.

1995, c. 63, s. 452.

417. The Minister shall cancel the registration of a person who is a small supplier who, as the case may be, does not carry on a taxi business, does not engage in the retail sale of tobacco or does not make supplies of alcoholic beverages where

(1)  the person has filed with and as prescribed by the Minister a request, in prescribed form containing prescribed information, to do so; and

(2)  the registration of the person has been cancelled under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

The cancellation provided for in the first paragraph becomes effective on the same date as the date on which the cancellation of the person’s registration under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) becomes effective.

1991, c. 67, s. 417; 1994, c. 22, s. 595; 1995, c. 47, s. 12; 1995, c. 63, s. 453; 1997, c. 85, s. 681.

417.1. Where a person who is a small supplier carrying on a taxi business files with the Minister in prescribed manner a request, in prescribed form containing prescribed information, to have the registration of the person varied to apply only to that business, the Minister shall so vary the registration.

Notwithstanding the first paragraph, a person who is a small supplier may not request a variation of registration as provided for therein unless the person files with the Minister of National Revenue a request under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) to have the registration of the person apply only in respect of activities in respect of which the person is required to be registered under that Act.

The variation provided for in the first paragraph becomes effective on the date from which the registration under Part IX of the Excise Tax Act applies only in respect of activities in respect of which the person is required to be registered under that Act.

1994, c. 22, s. 596; 1997, c. 85, s. 682.

417.2. Where, at any time that an approval granted under section 297.1.3 in respect of a direct seller is in effect, an independent sales contractor, within the meaning of section 297.1, of the direct seller would be a small supplier if the approval had been in effect at all times before that time, the Minister shall cancel the registration of the independent sales contractor if

(1)  the independent sales contractor files with the Minister in prescribed manner a request to that effect in prescribed form containing prescribed information; and

(2)  the independent sales contractor’s registration has been cancelled under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

The cancellation referred to in the first paragraph is effective on the date on which the cancellation of the independent sales contractor’s registration under Part IX of the Excise Tax Act becomes effective.

1994, c. 22, s. 596; 1995, c. 63, s. 454; 1997, c. 14, s. 349.

417.3. Subject to sections 407.2 to 407.4, where a person is a small supplier who, at any time, files a request for variation or cancellation of registration with the Minister of National Revenue under subsection 3.1 of section 240 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) or subsection 2, 2.1 or 2.2 of section 242 of that Act, the person shall, at that time, file such a request with the Minister under section 411.1, 417, 417.1 or 417.2.

1997, c. 85, s. 683; 1999, c. 65, s. 53.

418. Where the Minister cancels or varies the registration of a person, the Minister shall notify the person in writing of the cancellation or variation and the effective date thereof.

1991, c. 67, s. 418; 1994, c. 22, s. 597.

418.1. Where a request is filed under section 417 or 417.1 by a person who is a small supplier on 1 August 1995 by reason of the fact that all or substantially all of the amounts referred to in paragraph 1 of section 294 do not relate to the supply of incorporeal movable property, immovables or services and the request is the first request filed after 1 August 1995, section 209 or paragraph 1 of section 210.4, as the case may be, does not apply to the person if the request is filed with the Minister before 1 August 1996.

1995, c. 63, s. 455.

419. (Repealed).

1991, c. 67, s. 419; 1993, c. 79, s. 56.

420. (Repealed).

1991, c. 67, s. 420; 1993, c. 79, s. 56.

421. (Repealed).

1991, c. 67, s. 421; 1993, c. 79, s. 56.

DIVISION II COLLECTION

422. Every person who makes a taxable supply shall, as a mandatary of the Minister, collect the tax payable by the recipient under section 16 in respect of the supply.

This section does not apply where

(1)  the supply is a supply referred to in section 20.1; or

(2)  the person is a small supplier who in the course of a commercial activity makes a supply of a road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the recipient of the supply.

1991, c. 67, s. 422; 1993, c. 19, s. 230; 1995, c. 63, s. 456.

423. A supplier, other than a prescribed supplier, who makes a taxable supply of an immovable by way of sale is not required to collect tax payable by the recipient under section 16 in respect of the supply where

(1)  the supplier is a person not resident in Québec or is resident in Québec by reason only of section 12;

(2)  the recipient is registered under Division I and the supply is not a supply of a residential complex made to an individual; or

(3)  the recipient is a prescribed recipient.

1991, c. 67, s. 423.

424. Where a carrier who makes a particular taxable supply of a service of transporting corporeal movable property

(1)  is provided by the shipper with a declaration referred to in paragraph 2 of section 197 where such a declaration is required; and

(2)  at or before the time the tax in respect of the particular supply becomes payable, the carrier did not know and could not reasonably be expected to know that

(a)  the property was not being shipped outside Québec,

(b)  the transportation by the carrier was not part of a continuous outbound freight movement in respect of the property, and

(c)  there was or was to be any diversion of the property to a final destination in Québec,

the carrier is not required to collect tax in respect of the particular supply or any supply that is incidental to the particular supply.

For the purposes of this section, “continuous outbound freight movement” and “shipper” have the same meanings as in Division VII of Chapter IV.

1991, c. 67, s. 424; 1997, c. 85, s. 684.

425. Where a registrant makes a taxable supply, the registrant shall indicate to the recipient, either in prescribed manner or in the invoice or receipt issued to, or in an agreement in writing entered into with, the recipient,

(1)  the consideration paid or payable by the recipient for the supply and the tax payable in respect of the supply in a manner that clearly indicates the amount of the tax, in which case the registrant may indicate a total amount made up of both that tax and the tax under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); or

(2)  that the amount paid or payable by the recipient for the supply includes the tax payable in respect of the supply.

Where the registrant indicates to the recipient the rate of the tax, he shall indicate it apart from the rate of any other tax.

1991, c. 67, s. 425.

426. A person who makes a taxable supply to another person shall, on the request of the other person, forthwith furnish to the other person in writing such particulars of the supply as may be required for the purposes of this Title to substantiate a claim by the other person for a refund or rebate in respect of the supply.

1991, c. 67, s. 426.

427. Where a supplier has made a taxable supply to a recipient, is required under this Title to collect tax from the recipient in respect of the supply, has complied with section 425 in respect of the supply and has accounted for or remitted the tax payable by the recipient in respect of the supply to the Minister but has not collected the tax from the recipient, the supplier may bring an action in a court of competent jurisdiction to recover the tax from the recipient as though it were a debt due by the recipient to the supplier.

1991, c. 67, s. 427.

DIVISION II.1 SHIPPING CERTIFICATE

1995, c. 63, s. 457.

427.1. Where a registrant who makes a taxable supply of corporeal movable property is provided with a certificate referred to in section 179 by the recipient of the supply and, at or before the time tax in respect of the supply becomes payable, the registrant did not know and could not reasonably be expected to have known that the property would not be shipped outside Québec by the recipient in the circumstances described in that section, the registrant is not required to collect tax in respect of the supply.

1995, c. 63, s. 457.

427.2. For the purposes of this division,

“fiscal year” has the meaning assigned by section 458.1;

“inventory” of a person means corporeal movable property of the person acquired in Québec or brought into Québec by the person for supply by way of sale in the ordinary course of a business carried on by the person in Québec.

1995, c. 63, s. 457.

427.3. The Minister may, on the application of a person who is registered under Division I of Chapter VIII, authorize the person to use, on or after a particular day in a fiscal year of the person and subject to such conditions as the Minister may from time to time specify, a certificate (in this Division referred to as a “shipping certificate”) for the purposes of section 179, where it can reasonably be expected

(1)  that at least 90 % of the total of all consideration for supplies to the person of items of inventory acquired in Québec by the person in the 12-month period commencing immediately after the particular day will be attributable to supplies that would be included in that section if it were read without reference to paragraph 4 thereof; and

(2)   that the total of all consideration, included in determining the income of a business of the person for the year, for supplies made outside Québec by the person of items of inventory of the person that are not consumed, used, processed, transformed or altered after having been acquired in Québec or brought into Québec by the person and before being so supplied by the person will equal or exceed 90 % of the total of all consideration, included in determining that income, for supplies made by the person of items of inventory of the person.

1995, c. 63, s. 457.

427.4. An application for authority to use a shipping certificate shall be made in prescribed form containing prescribed information and be filed with and as prescribed by the Minister.

1995, c. 63, s. 457.

427.5. Where the Minister authorizes a registrant to use a shipping certificate, the Minister shall notify the registrant in writing of the authorization and the effective date of the authorization.

1995, c. 63, s. 457.

427.6. The Minister may revoke, as of a particular day, an authorization granted under section 427.3 to a registrant where

(1)  the registrant fails to comply with any condition attached to the authorization or any provision of this Title; or

(2)  it can reasonably be expected that the requirements of paragraphs 1 and 2 of section 427.3 would not be met if the period referred to in paragraph 1 of that section commenced on that particular day.

Where the Minister revokes the authorization, the Minister shall notify the registrant in writing of the revocation and the effective date of the revocation.

1995, c. 63, s. 457.

427.7. An authorization granted to a registrant at any time under section 427.3 is deemed to have been revoked, effective after the last day of a fiscal year of the registrant ending after that time, where the fraction determined in subparagraph 1 exceeds the fraction determined in subparagraph 2:

(1)  the fraction determined by the formula

A / B;

(2)  the fraction determined by the formula

C / D.

For the purposes of these formulas,

(1)  A is the total of all consideration paid or payable by the registrant for items of inventory that were acquired in Québec by the registrant in the fiscal year in the course of a business of the registrant and in respect of which the registrant provided to the suppliers thereof a shipping certificate;

(2)  B is the total of all consideration paid or payable by the registrant for items of inventory that were acquired in Québec by the registrant in the fiscal year in the course of that business;

(3)  C is the total of all consideration, included in determining the income from that business for the fiscal year, for supplies made outside Québec by the registrant of items of inventory of the registrant that were not consumed, used, processed, transformed or altered after having been acquired in Québec or brought into Québec by the registrant and before being so supplied by the registrant; and

(4)  D is the total of all consideration, included in determining that income, for supplies made by the registrant of items of inventory of the registrant.

1995, c. 63, s. 457.

427.8. An authorization granted under section 427.3 to a registrant ceases to have effect on the earlier of

(1)  the day on which a revocation of the authorization becomes effective; and

(2)  the day that is three years after the day on which the authorization, or its renewal, became effective.

1995, c. 63, s. 457.

427.9. Where an authorization granted to a registrant under section 427.3 is revoked, effective on a particular day, the Minister shall not grant to the registrant another authorization under that section that becomes effective before

(1)  where the authorization was revoked in circumstances described in subparagraph 1 of the first paragraph of section 427.6, the day that is two years after the particular day; and

(2)  in any other case, the first day of the second fiscal year of the registrant commencing after the particular day.

1995, c. 63, s. 457.

DIVISION III REMITTANCE

§ 1 . — Determination of net tax

428. The net tax for a particular reporting period of a person is the positive or negative amount determined by the formula

A − B.

For the purposes of this formula,

(1)  A is the total of

(a)  all amounts that became collectible and all other amounts collected by the person in the particular reporting period as or on account of tax under section 16, and

(b)  all amounts that are required under this Title to be added in determining the net tax of the person for the particular reporting period; and

(2)  B is the total of

(a)  all amounts each of which is an input tax refund for the particular reporting period or a preceding reporting period of the person claimed by the person in the return under this chapter filed by the person for the particular reporting period, and

(b)  all amounts each of which is an amount that may be deducted by the person under this Title in determining the net tax of the person for the particular reporting period and that is claimed by the person in the return under this chapter filed by the person for the particular reporting period.

1991, c. 67, s. 428; 1994, c. 22, s. 598.

429. An amount shall not be included in the total for A in the formula set out in section 428 for a reporting period of a person to the extent that that amount was included in that total for a preceding reporting period of the person.

1991, c. 67, s. 429; 1994, c. 22, s. 598.

429.1. (Repealed).

1994, c. 22, s. 599; 1995, c. 63, s. 458.

430. An amount shall not be included in the total for B in the formula set out in section 428 for a particular reporting period of a person to the extent that the amount was claimed or included as an input tax refund or deduction in the total for a preceding reporting period of the person.

1991, c. 67, s. 430; 1994, c. 22, s. 600; 1997, c. 85, s. 685.

430.1. Subject to section 430.2, an amount may be included in the total for B in the formula set out in section 428 for a particular reporting period of a person if the person was not entitled to claim the amount in determining the net tax of the person for the preceding period only because the person did not satisfy the requirements of section 201 in respect of the amount before the return for that preceding period was filed.

1997, c. 85, s. 686.

430.2. For the purposes of section 430.1, where a person is claiming an amount in a return for a particular reporting period and the Minister has not disallowed the amount as an input tax refund in assessing the amount of any fees, interest and penalties for which the person is liable under this Act for a preceding reporting period, the person shall report in writing to the Minister, on or before the day the return for the particular reporting period is filed, that the person made an error in claiming that amount in determining the net tax of the person for that preceding period.

For the purposes of the first paragraph, where the person does not report the error to the Minister at least three months before the expiration of the time limited by the second paragraph of section 25 of the Act respecting the Ministère du Revenu (chapter M-31) for assessing the amount of any fees, interest and penalties for which the person is liable for that preceding period, the person shall, on or before the day the return for the particular reporting period is filed, pay the amount and any interest and penalties payable to the Minister.

1997, c. 85, s. 686.

430.3. An amount shall not be included in the total for B in the formula set out in section 428 for a reporting period of a person to the extent that, before the end of the period, the amount was refunded to the person under this Act or any other Act of the Legislature of Québec or was remitted to the person under the Act respecting the Ministère du Revenu (chapter M-31).

1997, c. 85, s. 686.

431. An input tax refund of a person for a particular reporting period of the person shall not be claimed by the person unless it is claimed in a return under this chapter filed by the person on or before the day that is

(1)  where the person is a specified person during the particular reporting period,

(a)  if the input tax refund is in respect of property or a service supplied to the person by a supplier who did not, before the end of the particular reporting period, charge the tax in respect of the supply that became payable during the particular reporting period and the person pays that tax after the end of the particular reporting period and before the input tax refund is claimed, the earlier of

i.  the day on or before which the return under this chapter is required to be filed for the last reporting period of the person that ends within two years after the end of the person’s fiscal year in which the supplier charges that tax to the person, and

ii.  the day on or before which the return under this chapter is required to be filed for the last reporting period of the person that ends within four years after the end of the particular reporting period;

(b)  if the input tax refund was claimed in a return under this chapter filed, the day on or before which the return under this chapter is required to be filed for the last reporting period of the person that ends within two years after the end of the person’s fiscal year that includes the particular reporting period, by another person who was not entitled to claim it and the person has paid the tax payable in respect of the acquisition or bringing into Québec of the property or service, the day on or before which the return under this chapter is required to be filed for the last reporting period of the person that ends within four years after the end of the particular reporting period; and

(c)  in any other case, the day on or before which the return under this chapter is required to be filed for the last reporting period of the person that ends within two years after the end of the person’s fiscal year that includes the particular reporting period;

(2)  where the person is not a specified person during the particular reporting period, the day on or before which the return under this chapter is required to be filed for the last reporting period of the person that ends within four years after the end of the particular reporting period; or

(3)  where the input tax refund is in respect of property or a service supplied to the person by a supplier who did not, before the end of the last reporting period of the person that ends within four years after the end of the particular reporting period, charge the tax in respect of the supply that became payable during the particular reporting period and the supplier discloses in writing to the person that the Minister has sent a notice of assessment to the supplier for that tax, and the person pays that tax after the end of that last reporting period and before the input tax refund is claimed by the person, the day on or before which the return under this chapter is required to be filed for the reporting period of the person in which the person pays that tax.

For the purposes of this section and section 431.1, the fiscal year of a person is the fiscal year of that person within the meaning of section 458.1.

1991, c. 67, s. 431; 1997, c. 85, s. 687.

431.1. For the purposes of section 431, a person is a “specified person” during a reporting period of the person if

(1)  the person is a financial institution described in the third paragraph during the reporting period; or

(2)  the person’s threshold amounts, determined in accordance with section 462, exceed $6,000,000 for both the particular fiscal year of the person that includes the reporting period and the person’s preceding fiscal year.

The first paragraph does not apply in respect of a person, other than a person who is a financial institution described in the third paragraph during the reporting period, where the person is a charity during the reporting period or all or substantially all of the supplies made by the person during the two fiscal years immediately preceding the particular fiscal year, other than supplies of financial services, are taxable supplies.

The financial institutions to which this section refers are the persons to whom the definition of “listed financial institution” in section 1 applies, including any person related to one or more of those persons, but not including any person to whom paragraphs 3, 8 and 10 of that definition apply.

1997, c. 85, s. 688.

432. Where a registrant makes an exempt supply of a residential complex by way of sale, the registrant shall not claim an input tax refund in respect of the last acquisition by the registrant of the complex, or the acquisition or bringing into Québec by the registrant, after the complex was last acquired by the registrant, of an improvement to the complex, in a return filed on or after the day the registrant transfers ownership or possession of the complex to the recipient of the supply.

1991, c. 67, s. 432; 1994, c. 22, s. 601.

433. (Repealed).

1991, c. 67, s. 433; 1994, c. 22, s. 602.

433.1. For the purposes of sections 433.2 to 433.14, “specified supply” means a taxable supply other than

(1)  a supply by way of sale of an immovable or capital property;

(2)  a supply deemed under section 212.2, 323.2, 323.3 or 350.6 to have been made; and

(3)  a supply to which section 286 or 290 applies.

1997, c. 85, s. 689.

433.2. Subject to section 433.9, the net tax for a particular reporting period of a charity that is a registrant is the positive or negative amount determined by the formula

A − B.

For the purposes of this formula,

(1)  A is the total of

(a)  60 % of the total of all amounts that became collectible and all other amounts collected by the charity in the particular reporting period as or on account of tax in respect of specified supplies made by the charity;

(b)  the total of all amounts that became collectible and all other amounts collected by the charity in the particular reporting period as or on account of tax in respect of

i.  supplies by way of sale of immovables or capital property made by the charity,

ii.  supplies by the charity to which section 286 or 290 applies, and

iii.  supplies made by the charity as mandatary for another person and in respect of which the charity has made an election under section 41.0.1;

(c)  all amounts in respect of supplies of immovables or capital property made by way of sale to the charity that are required under sections 446 and 449 to be added in determining the net tax for the particular reporting period; and

(d)  the amount required under section 473.5 to be added in determining the net tax for the particular reporting period; and

(2)  B is the total of

(a)  all input tax refunds of the charity for the particular reporting period and preceding reporting periods that are claimed in the return under this chapter filed for the particular reporting period in respect of

i.  an immovable acquired by the charity by way of purchase,

ii.  movable property acquired or brought into Québec by the charity for use as capital property, and

iii.  an improvement to an immovable or capital property of the charity;

(b)  60 % of the total of all amounts in respect of specified supplies that may be deducted by the charity under section 449 or 455.1 in determining the net tax for the particular reporting period and are claimed in a return under this chapter filed for that reporting period;

(c)  the total of all amounts in respect of supplies of immovables or capital property made by way of sale by the charity that may be deducted by the charity under section 444, 449, 455 or 455.1 in determining the net tax of the charity for the particular reporting period and are claimed in the return under this chapter filed for that reporting period; and

(d)  the total of all amounts each of which is an input tax refund, other than an input tax refund referred to in subparagraph a of subparagraph 2 of this paragraph, of the charity, for a preceding reporting period in respect of which this section did not apply for the purpose of determining the net tax of the charity, that the charity was entitled to include in determining its net tax for that preceding reporting period and that is claimed in the return under this chapter filed for the particular reporting period.

1997, c. 85, s. 689.

433.3. An amount shall not be included in determining the total for A in the formula set out in section 433.2 for a reporting period of a charity to the extent that that amount was included in that total for a preceding reporting period of the charity.

1997, c. 85, s. 689.

433.4. An amount shall not be included in the total for B in the formula set out in section 433.2 for a particular reporting period of a charity to the extent that the amount was claimed or included as an input tax refund or deduction in that total for a preceding reporting period of the charity.

Notwithstanding the first paragraph and subject to section 433.5, an amount may be included in that total for a particular reporting period of a charity if the charity was not entitled to claim the amount in determining the net tax of the charity for the preceding period only because the charity did not satisfy the requirements of section 201 in respect of the amount before the return for that preceding period was filed.

1997, c. 85, s. 689.

433.5. For the purposes of section 433.4, where the charity is claiming the amount in a return for the particular reporting period and the Minister has not disallowed the amount as an input tax refund in determining the amount of any fees, interest and penalties for which the charity is liable under this Act for a preceding reporting period, the charity shall report in writing to the Minister, on or before the day the return for the particular reporting period is filed, that the charity made an error in claiming that amount in determining the net tax of the charity for that preceding period.

For the purposes of the first paragraph, where the charity does not report the error to the Minister at least three months before the expiration of the time limited by the second paragraph of section 25 of the Act respecting the Ministère du Revenu (chapter M-31) for determining the amount of any fees, interest and penalties for which the charity is liable under this Act for that preceding period, the charity shall, on or before the day the return for the particular reporting period is filed, pay the amount and any interest and penalties payable to the Minister.

1997, c. 85, s. 689.

433.6. An amount shall not be included in the total for B in the formula set out in section 433.2 for a reporting period of a charity to the extent that, before the end of the period, the amount was refunded to the charity under this Act or any other Act of Québec or was remitted to the charity under the Act respecting the Ministère du Revenu (chapter M-31).

1997, c. 85, s. 689.

433.7. Sections 444 to 457.1 do not apply for the purpose of determining the net tax of a charity in accordance with section 433.2 except as otherwise provided in sections 433.1 to 433.14.

1997, c. 85, s. 689.

433.8. Where a charity that makes supplies outside Québec, or zero-rated supplies, in the ordinary course of a business or all or substantially all of whose supplies are taxable supplies elects not to determine its net tax in accordance with section 433.2, that section does not apply in respect of any reporting period of the charity during which the election is in effect.

1997, c. 85, s. 689.

433.9. An election under section 433.8 by a charity shall

(1)  be filed in prescribed manner with the Minister in prescribed form containing prescribed information, on or before

(a)  where the first reporting period of the charity in which the election is in effect is a fiscal year of the charity, the first day of the second fiscal quarter of that year or such later date as the Minister may determine on application of the charity, and

(b)  in any other case, the day on or before which the return of the charity is required to be filed under this chapter for the first reporting period of the charity in which the election is in effect or on such later day as the Minister may determine on application of the registrant;

(2)  set out the day the election is to become effective, which day shall be the first day of a reporting period of the charity; and

(3)  remain in effect until a revocation of the election becomes effective.

1997, c. 85, s. 689.

433.10. An election under section 433.8 by a charity may be revoked, effective on the first day of a reporting period of the charity, provided that that day is not earlier than one year after the election became effective and a notice of revocation of the election in prescribed form containing prescribed information is filed in prescribed manner with the Minister on or before the day on or before which the return under this chapter is required to be filed by the charity for its last reporting period in which the election is in effect.

1997, c. 85, s. 689.

433.11. Where an election under section 433.8 by a charity becomes effective on a particular day, the second paragraph applies in respect of an amount, for a reporting period ending before that day and that is not claimed in a return for a reporting period ending before that day, that is

(1)  an input tax refund; or

(2)  in respect of a specified supply and may be deducted by the charity under section 449 or 455.1 in determining the net tax of the charity.

The amount shall not be claimed by the charity in a return for a reporting period ending after that day except to the extent that the charity was entitled to include the amount in determining the total for B in the formula set out in section 433.2 for any reporting period ending before that day.

1997, c. 85, s. 689.

433.12. Where a charity is a prescribed person for the purposes of section 389 during a reporting period of the charity, any input tax refund that the charity is entitled to claim in a return for that reporting period may be determined according to a prescribed method as if the charity had made a valid election under section 434 that is in effect at all times while the charity is a prescribed person.

1997, c. 85, s. 689.

433.13. Notwithstanding sections 433.8 to 433.10, where a registrant makes an election under subsection 6 of section 225.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) not to determine the net tax of the registrant in accordance with subsection 2 of the said section, the following rules apply:

(1)  the registrant is not required to make an election under section 433.8;

(2)  the registrant is deemed to have made such an election and the election is deemed

(a)  to become effective on the day an election under subsection 6 of section 225.1 of the said Act is to become effective and to remain in effect until a revocation of the election becomes effective, and

(b)  to cease to be in effect on the day on which a revocation of the election under subsection 8 of section 225.1 of the said Act becomes effective.

For the purposes of the first paragraph, the Minister may require that the registrant inform the Minister in prescribed form containing prescribed information and in the manner and within the time prescribed by the Minister of any election under subsection 6 of section 225.1 of the said Act or of any revocation of an election under subsection 8 of section 225.1 of the said Act.

1997, c. 85, s. 689.

433.14. For the purposes of sections 433.1 to 433.13, the fiscal year of a person is the fiscal year of that person within the meaning of section 458.1.

1997, c. 85, s. 689.

434. A registrant, other than a charity, who is a prescribed registrant or a member of a prescribed class of registrants may elect to determine the net tax of the registrant for a reporting period during which the election is in effect by a prescribed method.

An election made under the first paragraph by a registrant shall

(1)  be filed with and as prescribed by the Minister in prescribed form containing prescribed information;

(2)  set out the day the election is to become effective, which day shall be the first day of a reporting period of the registrant; and

(3)  be filed

(a)  where the first reporting period of the registrant in which the election is in effect is the fiscal year of the registrant, on or before the first day of the second fiscal quarter of that fiscal year or on such later day as the Minister may determine on application of the registrant, and

(b)  in any other case, on or before the day on or before which the return of the registrant is required to be filed under this chapter for the first reporting period of the registrant in which the election is in effect or on such later day as the Minister may determine on application of the registrant.

For the purposes of this section, the fiscal year of a person is the fiscal year of the person within the meaning of section 458.1.

1991, c. 67, s. 434; 1994, c. 22, s. 603; 1997, c. 85, s. 690.

435. An election made under section 434 ceases to have effect on the earlier of

(1)  the first day of the reporting period of the registrant in which he ceases to be a prescribed registrant or a member of a prescribed class of registrants; and

(2)  the day on which a revocation of the election becomes effective.

1991, c. 67, s. 435; 1995, c. 1, s. 326.

435.1. An election made under section 434 by a registrant may be revoked by the registrant.

1995, c. 1, s. 327.

435.2. A revocation of an election made under section 434 by a registrant

(1)  shall become effective on the first day of a reporting period of the registrant but not earlier than one year after the election became effective; and

(2)  is not a valid revocation unless a notice of revocation of the election in prescribed form containing prescribed information is filed with and as prescribed by the Minister on or before the day on or before which the return under this chapter is required to be filed by the registrant for the last reporting period of the registrant in which the election is effective.

1995, c. 1, s. 327.

435.3. Where a registrant makes an election under section 434 and as a result of the election the net tax of the registrant is required to be determined in accordance with the provisions of the Regulation respecting the Québec sales tax, as enacted by Order in Council 1607-92 dated 4 November 1992 or as amended or replaced by any later order,

(1)  subparagraph 1 of the second paragraph of section 434 does not apply to the election;

(2)  notwithstanding section 434, the election shall be made before a return under this chapter is filed for the reporting period of the registrant in which the election becomes effective; and

(3)  paragraph 2 of section 435.2 does not apply to a revocation of the election.

1995, c. 1, s. 327.

436. Where an election made under section 434 by a registrant ceases to have effect, an input tax refund, other than a prescribed input tax refund, of the registrant for a reporting period of the registrant during which the election was in effect shall not be claimed by the registrant in a reporting period that begins after the election ceased to have effect.

1991, c. 67, s. 436.

436.1. Sections 444 to 457.1 do not apply for the purpose of determining the net tax of a registrant for a reporting period during which an election made by the registrant under section 434 is in effect, subject to a regulatory provision made under that section.

1997, c. 85, s. 691.

§ 2 . — Net tax remittance or refund

437. Every person who is required to file a return under this chapter shall in the return calculate his net tax for the reporting period for which the return is required to be filed.

Where the net tax for a reporting period of a person is a positive amount, the person shall remit that amount to the Minister,

(a)  where subparagraph b of paragraph 1 of section 468 applies in respect of a reporting period of a person who is an individual, on or before 30 April of the year following the end of the reporting period; and

(b)  in any other case, on or before the day on or before which the return for that period is required to be filed.

Where the net tax for a reporting period of a person is a negative amount, the person may claim in the return for that reporting period that amount as a net tax refund for the period, payable to the person by the Minister.

1991, c. 67, s. 437; 1994, c. 22, s. 604; 1997, c. 31, s. 147.

438. Where tax under section 16 is payable by a person in respect of a supply of an immovable and the supplier is not required to collect the tax and is not deemed to have collected the tax,

(1)  where the person is a registrant and acquired the property for use or supply primarily in the course of commercial activities of the person, the person shall, on or before the day on or before which the person’s return for the reporting period in which the tax became payable is required to be filed, pay the tax to the Minister and report the tax in that return; and

(2)  in any other case, the person shall, on or before the last day of the month following the month in which the tax became payable, pay the tax to the Minister and file with the Minister in prescribed manner a return in respect of the tax in prescribed form containing prescribed information.

1991, c. 67, s. 438; 1994, c. 22, s. 605; 1997, c. 85, s. 692.

439. (Repealed).

1991, c. 67, s. 439; 1993, c. 19, s. 231; 1994, c. 22, s. 605; 1995, c. 63, s. 459.

440. (Repealed).

1991, c. 67, s. 440; 1994, c. 22, s. 606.

441. Where at any time a person files a particular return as required under this Title in which the person reports an amount of tax (in this section referred to as the “remittance amount”) that is required to be remitted under the second paragraph of section 437 or paid under section 17, 18, 18.0.1 or 438 by the person, and the person claims a refund or rebate to which the person is entitled at that time under this Title, in the particular return or in another return, or in an application, filed as required under this Title with the particular return, the person is deemed to have remitted at that time on account of the person’s remittance amount, and the Minister is deemed to have paid at that time as a refund or rebate, an amount equal to the lesser of the remittance amount and the amount of the refund or rebate.

1991, c. 67, s. 441; 1997, c. 85, s. 693.

442. A person may, in prescribed circumstances and subject to prescribed conditions and rules, reduce or offset the tax that is required to be remitted under the second paragraph of section 437 or paid under section 17, 18, 18.0.1 or 438 by that person at any time by the amount of any refund or rebate to which another person may at that time be entitled under this Title.

1991, c. 67, s. 442; 1997, c. 85, s. 693.

443. Where a net tax refund payable to a person is claimed in a return filed under this chapter by the person, the Minister shall pay the refund to the person with all due dispatch after the return is filed.

1991, c. 67, s. 443; 1994, c. 22, s. 607.

§ 3 . — Bad debt

444. Where a person has made a taxable supply, other than a zero-rated supply, for consideration to a recipient with whom the person was dealing at arm’s length, to the extent that it is established that the consideration and tax payable in respect of the supply have become in whole or in part a bad debt, the person may, in determining the net tax for the reporting period of the person in which the bad debt is written off in the person’s books of account or for a subsequent reporting period, deduct the amount determined by the formula set out in the second paragraph provided

(1)  the person reports the tax collectible in respect of the supply in the return under this chapter for the reporting period in which the tax became collectible; and

(2)  the person remits all net tax, if any, remittable as reported in that return.

The amount that may be deducted by a person under the first paragraph is determined by the formula

A × B / C.

For the purposes of this formula,

(1)  A is the tax payable in respect of the supply;

(2)  B is the total of the consideration and tax remaining unpaid in respect of the supply that was written off as a bad debt; and

(3)  C is the total of the consideration and tax payable in respect of the supply.

1991, c. 67, s. 444; 1993, c. 19, s. 232; 1995, c. 1, s. 328; 1997, c. 85, s. 694.

445. Where a financial institution that is a member of a closely related group or of a prescribed group has at any time purchased an account receivable at face value and on a non-recourse basis from another person that was at that time a member of the group, to the extent that it is established that the account receivable has become in whole or in part a bad debt, the institution may, in determining its net tax for its reporting period in which the bad debt is written off in its books of account or for a subsequent reporting period, deduct an amount to the extent that the other person could have so deducted an amount under section 444 if that other person had not sold the account receivable and had written off the bad debt in that other person’s books of account.

1991, c. 67, s. 445; 1997, c. 85, s. 694.

446. Where a person recovers all or part of a bad debt in respect of which the person has made a deduction under section 444 or 445, the person shall, in determining the net tax for the reporting period of the person in which the bad debt or part thereof is recovered, add an amount determined by the formula

 
     B
A x ---.
     C  
  

For the purposes of this formula,

(1)  A is the amount of the bad debt recovered by the person;

(2)  B is the tax payable in respect of the supply to which the bad debt relates; and

(3)  C is the total of the consideration and tax payable in respect of the supply.

1991, c. 67, s. 446; 1993, c. 19, s. 233; 1995, c. 1, s. 329; 1997, c. 85, s. 694.

446.1. A person may not claim a deduction under section 444 or 445 in respect of an amount that the person has, during a particular reporting period of the person, written off in its books of account as a bad debt unless the deduction is claimed in a return under this chapter filed within four years after the day on or before which the return under this chapter for the particular reporting period of the registrant is required to be filed.

1997, c. 85, s. 695.

§ 4 . — Adjustment or refund

447. Where a particular person has, during a reporting period, charged to, or collected from, another person an amount as or on account of tax under section 16 in excess of the tax under that section that was collectible by the particular person from the other person, the particular person may, within two years after the day the amount was so charged or collected,

(1)  where the excess amount was charged but not collected, adjust the amount of tax charged; and

(2)  where the excess amount was collected, refund or credit the excess amount to that other person.

1991, c. 67, s. 447; 1997, c. 85, s. 696.

448. Where a particular person has charged to, or collected from, another person tax under section 16 calculated on the consideration or a part thereof for a supply and, for any reason, the consideration or part is subsequently reduced, the particular person may, in the reporting period of the particular person in which the consideration was so reduced or within four years after the end of that period,

(1)  where tax calculated on the consideration or part was charged but not collected, adjust the amount of tax charged by subtracting the portion of the tax that was calculated on the amount by which the consideration or part was so reduced; and

(2)  where the tax calculated on the consideration or part was collected, refund or credit to that other person the portion of the tax that was calculated on the amount by which the consideration or part was so reduced.

1991, c. 67, s. 448.

449. Where a particular person has adjusted, refunded or credited an amount in favour of, or to, another person in accordance with section 447 or 448, the following rules apply:

(1)  the particular person shall, within a reasonable time, issue to the other person a credit note, containing prescribed information, for the amount of the adjustment, refund or credit, unless the other person issues a debit note, containing prescribed information, for the amount;

(2)  the amount may be deducted in determining the net tax of the particular person for the reporting period of the particular person in which, as the case may be, the credit note is issued to the other person or the debit note is received by the particular person, to the extent that the amount has been included in determining the net tax of the particular person for the reporting period or a preceding reporting period of the particular person; and

(3)  the amount shall be added in determining the net tax of the other person for the reporting period of the other person in which, as the case may be, the debit note is issued to the particular person or the credit note is received by the other person, to the extent that the amount has been included in determining an input tax refund claimed by the other person in a return filed for the reporting period or a preceding reporting period of the other person.

1991, c. 67, s. 449; 1994, c. 22, s. 608.

450. Sections 447 to 449 do not apply in circumstances in which any of sections 57, 213 or 215 to 219 applies.

1991, c. 67, s. 450.

§ 5 . — Patronage dividend

451. For the purposes of section 453, “specified amount”, in respect of a patronage dividend paid by a person in a fiscal year of the person, means the amount determined by the formula

A × [(B + D) / (C + D)].

For the purposes of this formula,

(1)  A is the amount of the patronage dividend;

(2)  B is the total value of all consideration that became due, or was paid without having become due, in the immediately preceding fiscal year of the person while the person was a registrant for taxable supplies, other than supplies by way of sale of capital property of the person and zero-rated supplies, made in Québec by the person;

(3)  C is the total value of all consideration that became due, or was paid without having become due, in the immediately preceding fiscal year of the person for taxable supplies, other than supplies by way of sale of capital property of the person, made in Québec by the person; and

(4)  D is the total of all tax that became payable, or was paid without having become payable, in the immediately preceding fiscal year of the person in respect of taxable supplies, other than supplies by way of sale of capital property of the person, made by the person.

1991, c. 67, s. 451; 1994, c. 22, s. 609; 1995, c. 63, s. 460.

452. For the purposes of this subdivision, the fiscal year of a person is the fiscal year of the person within the meaning of section 458.1.

1991, c. 67, s. 452; 1994, c. 22, s. 609.

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the amount determined by multiplying 100/107.5 by

(a)  where the particular person has made an election that is in effect for that fiscal year for the purposes of this subparagraph, the part of the dividend that is in respect of taxable supplies, other than zero-rated supplies, made to the other person, and

(b)  in any other case, the specified amount in respect of the dividend; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234; 1994, c. 22, s. 610; 1995, c. 1, s. 330; 1997, c. 85, s. 697.

453.1. (Repealed).

1993, c. 19, s. 235; 1995, c. 1, s. 331.

454. Section 453 does not apply to a patronage dividend paid by a person in a fiscal year of the person for which an election made by the person under this section is in effect, in which event the dividend is deemed not to be a reduction of the consideration for any supplies.

1991, c. 67, s. 454; 1994, c. 22, s. 611.

454.1. An election made under subparagraph a of paragraph 1 of section 453 or section 454 by a person shall be made before any patronage dividend is paid by the person in the fiscal year of the person in which the election is to take effect.

1994, c. 22, s. 612; 1997, c. 85, s. 698.

454.2. An election made under subparagraph a of paragraph 1 of section 453 or section 454 by a person may be revoked by the person before any patronage dividend is paid by the person in the fiscal year of the person in which the revocation is to take effect.

1994, c. 22, s. 612; 1997, c. 85, s. 698.

454.3. For the purposes of this subdivision, a patronage dividend is deemed to be paid on the day that it is declared.

1994, c. 22, s. 612.

§ 6 . — Payment of rebate by registrant

1997, c. 85, s. 699.

455. Where, in the circumstances described in section 357.5.2, 366 or 370.1, a registrant pays to, or credits in favour of, a person an amount on account of a rebate and transmits the application of the person for the rebate to the Minister in accordance with section 357.5.2, 367 or 370.2, as the case requires, the registrant may deduct the amount in determining the net tax of the registrant for the reporting period of the registrant in which the amount is paid or credited to the person.

1991, c. 67, s. 455; 1994, c. 22, s. 613; 1997, c. 85, s. 699.

§ 6.1 . —

Heading replaced, 1997, c. 85, s. 699.

1994, c. 22, s. 614; 1997, c. 85, s. 699.

455.1. Where, in the circumstances described in section 353.2, 356, 357.3 or 357.5, a registrant pays to, or credits in favour of, a person an amount on account of a rebate referred to therein, the registrant may deduct the amount in determining the net tax of the registrant for

(1)  the reporting period of the registrant that includes the particular day that is the later of the last day on which any tax to which the rebate relates became payable and the day on which the amount is paid or credited; or

(2)  any subsequent reporting period of the registrant for which a return is filed within one year after the particular day.

1994, c. 22, s. 614.

§ 7 . — Input tax refund

456. Where, in a taxation year of a registrant, tax becomes payable, or is paid without having become payable, by the registrant in respect of supplies of a passenger vehicle made under a lease and the total of the consideration for the supplies that would be deductible in computing the registrant’s income for the year for the purposes of the Taxation Act (chapter I-3), if the registrant were a taxpayer under that Act and that Act were read without reference to section 421.6 thereof, exceeds the amount in respect of that consideration that is, or would be if the registrant were a taxpayer under the Taxation Act, deductible in computing the registrant’s income for the year for the purposes of that Act, there shall be added in determining the net tax for the appropriate reporting period of the registrant an amount determined by the formula

A × B × C.

For the purposes of this formula,

(1)  A is the result obtained by dividing that excess by that consideration;

(2)  B is the tax paid or payable in respect of those supplies, other than tax that, by reason of section 203 or 206, may not be included in determining an input tax refund of the registrant; and

(3)  C is the proportion that the use of the vehicle in commercial activities of the registrant is of the total use of the vehicle.

1991, c. 67, s. 456; 1994, c. 22, s. 615; 1995, c. 63, s. 461; 1997, c. 85, s. 700.

457. For the purposes of section 456, the appropriate reporting period of a registrant in respect of a supply by way of lease to the registrant of a passenger vehicle in a taxation year of the registrant is

(1)  where the registrant ceases in or at the end of that taxation year to be registered under Division I, the last reporting period of the registrant in that year;

(2)  where the reporting period of the registrant is the calendar year, the calendar year in which that taxation year ends; and

(3)  in any other case, the reporting period of the registrant that begins immediately after that taxation year.

1991, c. 67, s. 457.

457.1. Where a registrant is the recipient of, or pays an allowance in respect of, a supply of food, beverages or entertainment and section 421.1 of the Taxation Act (chapter I-3) applies, or would apply if the registrant were a taxpayer under that Act, in respect of the supply or allowance, 50 % of the total of all amounts each of which is an input tax refund claimed in a return for a reporting period in a fiscal year of the registrant in respect of the supply or allowance shall be added in determining the net tax

(1)  where the registrant ceases in or at the end of that fiscal year to be registered under Division I, for the last reporting period of the registrant in that fiscal year;

(2)  where the reporting period of the registrant is a fiscal year of the registrant, for that reporting period; and

(3)  in any other case, for the reporting period of the registrant beginning immediately after the end of that fiscal year.

For the purposes of this section, the fiscal year of a person is the fiscal year of that person within the meaning of section 458.1.

The first paragraph does not apply to charities or public institutions.

1995, c. 63, s. 462; 1997, c. 85, s. 701.

457.2. An amount that is 50 % of the total of all amounts each of which is an input tax refund claimed, in respect of a supply or bringing into Québec of property or a service that is acquired or brought into Québec by a registrant for consumption or use in relation to a work space described in subparagraph a or b of paragraph 1.1 of section 203, in a return for a reporting period in a fiscal year of the registrant shall be added in determining the net tax

(1)  where the registrant ceases in or at the end of that fiscal year to be registered under Division I, for the last reporting period of the registrant in that fiscal year;

(2)  where the reporting period of the registrant is a fiscal year of the registrant, for that reporting period; and

(3)  in any other case, for the reporting period of the registrant beginning immediately after the end of that fiscal year.

For the purposes of this section, the fiscal year of a person is the fiscal year of that person within the meaning of section 458.1.

1997, c. 85, s. 702.

458. (Repealed).

1991, c. 67, s. 458; 1993, c. 19, s. 236.

§ 8 . — Instalments

1995, c. 63, s. 463.

458.0.1. Where the reporting period of a registrant is a fiscal year within the meaning of section 458.1 or a period determined under section 461.1, the registrant shall, within one month after the end of each fiscal quarter of the registrant ending in the reporting period, pay to the Minister an amount equal to 1/4 of the registrant’s instalment base for that reporting period.

1995, c. 63, s. 463.

458.0.2. A registrant’s instalment base for a particular reporting period of the registrant is the lesser of

(1)  an amount equal to

(a)  in the case of a reporting period determined under section 461.1, the amount determined by the formula

A × 365 / B; and

(b)  in any other case, the net tax for the particular reporting period; and

(2)  the amount determined by the formula

C × 365 / D.

For the purposes of these formulas,

(1)  A is the net tax for the particular reporting period;

(2)  B is the number of days in the particular reporting period;

(3)  C is the total of all amounts each of which is the net tax for a reporting period of the registrant ending in the 12 month period immediately preceding the particular reporting period; and

(4)  D is the number of days in the period commencing on the first day of the first of those preceding reporting periods and ending on the last day of the last of those preceding reporting periods.

1995, c. 63, s. 463.

458.0.3. For the purposes of section 458.0.1, where a registrant’s instalment base for a reporting period is less than $1,500, it is deemed to be nil.

1995, c. 63, s. 463.

458.0.4. Where a person fails to pay an amount referred to in section 458.0.1 within the specified time, the person shall pay, on the amount not paid, interest at the rate prescribed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) and incur a penalty of 6% per year, compounded daily, for the period beginning on the first day following the day on or before which the amount was required to be paid and ending on the earlier of the day the amount is paid and the day on or before which the tax on account of which the instalment was payable is required to be remitted.

For the purposes of this section, the interest and penalty to be paid are added at the end of each day to the amount to be paid.

1995, c. 63, s. 463.

458.0.5. Notwithstanding section 458.0.4, the interest and penalty payable by a person under that section shall not exceed the amount by which the total of the interest and penalty that would be payable by the person if no amount were paid by the person on account of instalments payable in the period exceeds the amount obtained by calculating on each instalment paid, interest plus 6% per year compounded daily where the penalty under section 458.0.4 has been applied, until the day on or before which the tax on account of which the instalment was payable is required to be remitted.

1995, c. 63, s. 463.

DIVISION IV FISCAL PERIOD, REPORTING PERIOD AND RETURN

1994, c. 22, s. 616.

§ 0.1 . — Fiscal period

1994, c. 22, s. 617.

I.  — Definitions

1994, c. 22, s. 617.

458.1. For the purposes of this Division,

(1)  the fiscal year of a person is

(a)  where the person has made an election under section 458.4 that is in effect, the period that the person elected to be the fiscal year of the person,

(b)  where the fiscal year of the person is determined in accordance with section 458.2, the fiscal year determined in accordance with that section, and

(c)  in all other cases, the taxation year of the person within the meaning of Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

(2)  the fiscal quarter of a person is the period determined under sections 458.1.1, 458.2 and 458.2.1 to be the fiscal quarter of the person;

(3)  the fiscal month of a person is the period determined under sections 458.1.2, 458.2 and 458.2.1 to be the fiscal month of the person.

Notwithstanding the first paragraph, the fiscal year, fiscal quarter and fiscal month, at a particular time, of a person who is a registrant under Part IX of the Excise Tax Act are deemed to be the fiscal year, fiscal quarter and fiscal month of the person for the purposes of Part IX of that Act at that particular time.

1994, c. 22, s. 617; 1995, c. 63, s. 464.

458.1.1. The fiscal quarters in a fiscal year of a person shall be determined in accordance with the following rules:

(1)  there shall not be more than four fiscal quarters in the year;

(2)  the first fiscal quarter in the year shall begin on the first day of that year, and the last fiscal quarter in the year shall end on the last day of that year;

(3)  each fiscal quarter shall be shorter than 120 days; and

(4)  except for the first and last fiscal quarters in the year, each fiscal quarter shall be longer than 83 days.

1995, c. 63, s. 465.

458.1.2. The fiscal months in a fiscal year of a person shall be determined in accordance with the following rules:

(1)  the first fiscal month in each fiscal quarter in the year shall begin on the first day of that fiscal quarter, and the last fiscal month in each fiscal quarter shall end on the last day of that fiscal quarter;

(2)  each fiscal month shall be shorter than 36 days except that the Minister may, on request in writing made in prescribed form containing prescribed information and filed with the Minister in prescribed manner, allow the person to have one fiscal month that is longer than 35 days in a fiscal quarter; and

(3)  each fiscal month shall be longer than 27 days unless

(a)  that fiscal month is the first or last fiscal month in a fiscal quarter, or

(b)  the Minister, on request in writing made in prescribed form containing prescribed information and filed with the Minister in prescribed manner, allows the person to have that fiscal month shorter than 28 days.

1995, c. 63, s. 465.

II.  — Determination of fiscal year, fiscal quarters and fiscal months

1994, c. 22, s. 617.

458.2. Where a person is a registrant at any time in a fiscal year of the person, the person shall notify the Minister of the first and last days of each of the fiscal quarters and fiscal months in the year in prescribed form containing prescribed information and filed with and as prescribed by the Minister on or before the day that is

(1)  where the person becomes a registrant in that fiscal year, the later of

(a)  the day the person files an application for registration or, where the person was required under section 410 or 410.1 to file that application, the day the person was so required to file that application, and

(b)  the effective date of the registration; and

(2)  in any other case, the first day of that fiscal year.

The first paragraph does not apply in cases where section 458.6 applies.

1994, c. 22, s. 617; 1995, c. 63, s. 466.

458.2.1. Where a person fails to determine the fiscal quarters or fiscal months in a fiscal year of the person in accordance with the rules set out in section 458.1.1 or 458.1.2, or fails to satisfy the requirements of section 458.2, the following rules apply:

(1)  if the fiscal year of the person is the calendar year, the fiscal quarters and fiscal months of the person are deemed to be the calendar quarters and calendar months; and

(2)  notwithstanding section 458.4, if the fiscal year of the person is not the calendar year, the fiscal year of the person is deemed to be the calendar year and the fiscal quarters and fiscal months of the person are deemed to be the calendar quarters and calendar months.

1995, c. 63, s. 467.

458.3. (Repealed).

1994, c. 22, s. 617; 1995, c. 63, s. 468.

III.  — Election for fiscal year

1994, c. 22, s. 617.

458.4. A person may make an election under the second paragraph as prescribed by the Minister, in prescribed form containing prescribed information.

The person referred to in the first paragraph may elect,

(1)  where the taxation year of the person within the meaning of Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) is not a calendar year, to have fiscal years that are calendar years;

(2)  where the taxation year of an individual or a trust, within the meaning of Part IX of the Excise Tax Act, is not a period that is, for the purposes of the Taxation Act (chapter I-3), the fiscal period of a business carried on by the individual or trust, or by a partnership of which the individual or trust is a member, to have the fiscal year of the individual or trust be that fiscal period.

For the purposes of the preceding paragraphs, the following rules apply:

(1)  an election made under subparagraph 1 of the second paragraph shall become effective on the first day of the calendar year;

(2)  an election made under subparagraph 2 of the second paragraph shall become effective on the first day of one of the fiscal periods of the individual or trust; and

(3)  the election shall specify the day it is to become effective and shall be filed with the Minister on or before that day.

The first paragraph does not apply in cases where section 458.6 applies.

1994, c. 22, s. 617; 1995, c. 63, s. 469.

458.5. A person may revoke an election made under section 458.4 as prescribed by the Minister, in prescribed form containing prescribed information.

For the purposes of the first paragraph, the following rules apply:

(1)  the revocation is effective on the first day of a taxation year of the person that begins more than one year after the day the election under section 458.4 became effective; and

(2)  the revocation shall specify the day it is to become effective and shall be filed with the Minister on or before that day.

1994, c. 22, s. 617.

§ 1 . — Reporting period

I.  — General provisions

1994, c. 22, s. 618.

458.6. For the purposes of this division and notwithstanding section 459.0.1, the reporting period of a person who is a registrant at a particular time in the fiscal year of the person is deemed to be the reporting period of the person at that time in the fiscal year of the person for the purposes of Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), where the person is a registrant under Part IX of that Act, at the time that reporting period becomes effective under that Act.

For the purposes of the first paragraph, the Minister may require to be informed by a person, as prescribed and within the time determined by the Minister in prescribed form containing prescribed information, of the reporting periods of the person for the purposes of Part IX of the Excise Tax Act for each of the person’s fiscal periods.

1994, c. 22, s. 618; 1995, c. 63, s. 470.

458.7. Section 458.6 does not apply to a listed financial institution that made an election under section 459.2, 459.2.1, 459.4 or 460 and whose reporting period is not the reporting period of the listed financial institution for the purposes of Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15).

1995, c. 63, s. 471.

459. Subject to sections 466 and 467, the reporting period of a person who is not a registrant is a calendar month.

1991, c. 67, s. 459; 1993, c. 19, s. 237; 1994, c. 22, s. 619; 1995, c. 63, s. 472; 1997, c. 85, s. 703.

459.0.1. Subject to sections 305, 306, 307, 314, 314.1, 315, 324.7, 461.1, 466 and 467, the reporting period of a registrant at a particular time in a fiscal year of the registrant is

(1)  the fiscal year of the registrant that includes that time

(a)  where the registrant has made an election under section 460 that is effective at that time, or

(b)  where

i.  the registrant has not made an election under section 459.2, 459.2.1 or 459.4 that is effective at that time,

ii.  an election under section 460 by the registrant would be effective at that time if the registrant had made such an election at the beginning of the fiscal year of the registrant that includes that time, and

iii.  except where the reporting period of the registrant that includes that time is deemed under section 305, 306, 307, 314, 314.1, 315, 324.7 or 466 to be a separate reporting period, the last reporting period of the registrant ending before that time was a fiscal year of the registrant;

(c)  the registrant is a charity and has not made an election under section 459.2, 459.2.1 or 459.4 that is effective at that time, or

(d)  the registrant is a listed financial institution and has not made an election under section 459.2, 459.2.1 or 459.4 that is effective at that time;

(2)  the fiscal month of the registrant that includes that time where

(a)  the threshold amount of the registrant for the fiscal year or fiscal quarter of the registrant that includes that time exceeds $6,000,000 and the registrant is neither a listed financial institution nor a charity,

(b)  the last reporting period of the registrant ending before that time was the fiscal month of the registrant and the registrant has not made an election under section 459.4 or 460 that is effective at that time, or

(c)  the registrant has made an election under section 459.2 or 459.2.1 that is effective at that time;

(3)  (paragraph repealed);

(4)  the fiscal quarter of the registrant that includes that time, in all other cases.

1995, c. 63, s. 473; 1997, c. 85, s. 704.

II.  — Election for periods

1994, c. 22, s. 620.

1.  — 

Repealed, 1995, c. 63, s. 474.

1994, c. 22, s. 620; 1995, c. 63, s. 474.

459.1. (Repealed).

1994, c. 22, s. 620; 1995, c. 63, s. 474.

2.  — Election for fiscal month

1994, c. 22, s. 620.

459.2. A person may make an election to have a reporting period that is a fiscal month of the person.

An election under the first paragraph shall take effect

(1)  where the person is a registrant, on the first day of the fiscal year of the person; or

(2)  on the day the person becomes a registrant.

1994, c. 22, s. 620; 1995, c. 63, s. 475.

459.2.1. Where a person has made an election under section 460 and the election ceases to have effect at the beginning of a fiscal quarter of the person specified in paragraph 2 of section 461, the person may make an election to have reporting periods that are fiscal months of the person.

An election under the first paragraph shall take effect on the first day of that fiscal quarter.

1995, c. 63, s. 476.

459.3. Elections made under sections 459.2 and 459.2.1 by a person shall remain in effect until the beginning of the day an election by that person under section 459.4 or 460 takes effect.

1994, c. 22, s. 620; 1995, c. 63, s. 477.

3.  — Election for fiscal quarter

1994, c. 22, s. 620.

459.4. A person that is a charity on the first day of a fiscal year of the person or whose threshold amount for a particular fiscal year does not exceed $6,000,000 may make an election to have reporting periods that are fiscal quarters of the person.

An election under the first paragraph shall take effect

(a)  where the person is a registrant on the first day of the fiscal year of the person, that day; or

(b)  on the day in the fiscal year of the person that the person becomes a registrant.

1994, c. 22, s. 620; 1995, c. 1, s. 332; 1995, c. 63, s. 478; 1997, c. 85, s. 705.

459.5. An election made under section 459.4 by a person shall remain in effect until the earliest of

(1)  the beginning of the day an election by the person under section 459.2 or 460 takes effect;

(2)  where the person is not a charity, the beginning of the first fiscal quarter of the person for which the threshold amount of the person exceeds $6,000,000; and

(3)  where the person is not a charity, the beginning of the first fiscal year of the person for which the threshold amount of the person exceeds $6,000,000.

1994, c. 22, s. 620; 1995, c. 1, s. 333; 1995, c. 63, s. 478; 1997, c. 85, s. 706.

4.  — Election for fiscal year

1994, c. 22, s. 621.

460. A registrant that is a charity on the first day of a fiscal year of the registrant or whose threshold amount for a particular fiscal year does not exceed $500,000 may make an election to have reporting periods that are fiscal years of the registrant.

An election under the first paragraph shall take effect on the first day of the fiscal year of the person.

1991, c. 67, s. 460; 1994, c. 22, s. 621; 1995, c. 1, s. 334; 1995, c. 63, s. 479; 1997, c. 85, s. 707.

460.1. (Repealed).

1993, c. 19, s. 238; 1994, c. 22, s. 622.

461. An election made under section 460 by a person shall remain in effect until the earliest of

(1)  the beginning of the day an election by the person under section 459.2 or 459.4 takes effect;

(2)  where the person is not a charity and the threshold amount of the person for the second or third fiscal quarter of the person in a fiscal year of the person exceeds $500,000, the beginning of the first fiscal quarter of the person for which the threshold amount exceeds that amount; and

(3)  where the person is not a charity and the threshold amount of the person for a fiscal year of the person exceeds $500,000, the beginning of that fiscal year.

1991, c. 67, s. 461; 1993, c. 19, s. 239; 1994, c. 22, s. 623; 1995, c. 1, s. 335; 1995, c. 63, s. 480; 1997, c. 85, s. 708.

461.1. Where a person has made an election under section 460 and the election ceases to have effect on the beginning of a fiscal quarter specified in paragraph 2 of section 461 of the person, the period beginning on the first day of the fiscal year of the person that includes that fiscal quarter and ending immediately before the beginning of that fiscal quarter is deemed to be a reporting period of the person.

1995, c. 63, s. 481.

III.  — Terms of election

1994, c. 22, s. 623.

1.  — Determination of threshold amount

1994, c. 22, s. 623.

462. For the purposes of sections 459.0.1, 459.4, 459.5, 460 and 461, the threshold amount of a person in respect of a particular fiscal year of the person is an amount equal to the total of

(1)  the amount determined by the formula

A × 365 / B; and

(2)  the total of all amounts each of which is an amount in respect of an associate of the person who was associated with the person at the end of the fiscal year of the associate that is the last such year ending at the same time as, or at any time in, the fiscal year immediately preceding the particular fiscal year of the person, determined by the formula

C × 365 / D.

For the purposes of these formulas,

(1)  A is the total of all consideration, other than consideration referred to in section 75.2 that is attributable to goodwill of a business, for taxable supplies, other than supplies of financial services, supplies by way of sale of immovables that are capital property of the person and supplies included in Part V of Schedule VI to the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), made in Canada by the person in the course of commercial activities that became due to the person in the fiscal year immediately preceding the particular fiscal year of the person or that was paid to the person in that preceding fiscal year without having become due;

(2)  B is the number of days in the fiscal year immediately preceding the particular fiscal year;

(3)  C is the total of all consideration, other than consideration referred to in section 75.2 that is attributable to goodwill of a business, for taxable supplies, other than supplies of financial services, supplies by way of sale of immovables that are capital property of the associate and supplies included in Part V of Schedule VI to the Excise Tax Act, made in Canada by the associate in the course of commercial activities that became due to the associate in the fiscal year of the associate or that was paid to the associate in that fiscal year without having become due; and

(4)  D is the number of days in the fiscal year of the associate.

1991, c. 67, s. 462; 1993, c. 19, s. 240; 1994, c. 22, s. 623; 1995, c. 63, s. 482.

462.1. For the purposes of sections 459.0.1, 459.4, 459.5, 460 and 461, the threshold amount of a person for a particular fiscal quarter of the person at any time in a fiscal year of the person is an amount equal to the total of

(1)  the total of all consideration for taxable supplies, other than supplies of financial services, supplies by way of sale of immovables that are capital property of the person and supplies included in Part V of Schedule VI to the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), made in Canada by the person in the course of commercial activities that became due to the person in the fiscal quarters of the person ending in the fiscal year which immediately precede the particular fiscal quarter or that was paid to the person in those preceding fiscal quarters without having become due; and

(2)  the total of all amounts each of which is an amount in respect of an associate of the person at the beginning of the particular fiscal quarter equal to the total of all consideration for taxable supplies, other than supplies of financial services, supplies by way of sale of immovables that are capital property of the associate and supplies included in Part V of Schedule VI to the Excise Tax Act, made in Canada by the associate in the course of commercial activities that became due to the associate in the fiscal quarters of the associate that end in the fiscal year of the person before the beginning of the particular fiscal quarter or that was paid to the associate in those fiscal quarters of the associate without having become due.

1994, c. 22, s. 624; 1995, c. 63, s. 483.

462.1.1. For the purposes of sections 462 and 462.1, the following rules apply:

(1)  notwithstanding section 52, the consideration does not include tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15);

(2)  “supply made in Canada” means a supply made in Canada for the purposes of Part IX of the Excise Tax Act.

1995, c. 63, s. 484.

462.2. (Repealed).

1994, c. 22, s. 624; 1995, c. 63, s. 485.

2.  — Filing of election

1994, c. 22, s. 624.

462.3. An election made under section 459.2, 459.2.1, 459.4 or 460 by a person shall be made in prescribed form containing prescribed information, be filed with the Minister in prescribed manner, and specify the first fiscal year in respect of which it applies.

The election referred in the first paragraph shall be filed

(1)  where the election is to take effect on the day the person becomes a registrant, at the time the person applies to be registered or, where the effective date of the person’s registration is after that time, at any time between that time and that effective date;

(2)  where the election is made under section 460 and the reporting period of the person ending immediately before the day the election is to take effect is a fiscal quarter of the person, within three months after that day; and

(3)  in all other cases, within two months after the day the election is to take effect.

1994, c. 22, s. 624; 1995, c. 63, s. 486.

463. (Repealed).

1991, c. 67, s. 463; 1993, c. 19, s. 241; 1994, c. 22, s. 625.

IV.  — Special provisions

1994, c. 22, s. 626.

464. (Repealed).

1991, c. 67, s. 464; 1993, c. 19, s. 242; 1994, c. 22, s. 627; 1995, c. 63, s. 487.

465. (Repealed).

1991, c. 67, s. 465; 1993, c. 19, s. 243; 1994, c. 22, s. 627; 1995, c. 63, s. 487.

466. Where a person becomes a registrant on a particular day, the following periods are deemed to be separate reporting periods of the person:

(1)  the period beginning on the first day of the calendar month that includes the particular day and ending on the day immediately preceding the particular day; and

(2)  the period beginning on the particular day and ending on the last day of the reporting period of the person, determined under subdivision 1, that includes the particular day.

1991, c. 67, s. 466; 1994, c. 22, s. 627.

467. Where a person ceases to be a registrant on a particular day, the following periods are deemed to be separate reporting periods of the person:

(1)  the period beginning on the first day of the reporting period of the person, determined under subdivision 1, that includes the particular day and ending on the day immediately preceding the particular day; and

(2)  the period beginning on the particular day and ending on the last day of the calendar month that includes the particular day.

1991, c. 67, s. 467; 1994, c. 22, s. 627.

§ 2 . — Return

468. Every registrant shall file a return with the Minister for each reporting period of the registrant

(1)  where the reporting period is or would, but for section 466, be the fiscal year of the registrant,

(a)  except where subparagraph b applies, within three months after the end of the fiscal year; and

(b)  if the registrant is an individual whose fiscal year is a calendar year and, for the purposes of the Taxation Act (chapter I-3), the individual carried on a business during the year and the filing-due date of the individual for the year is 15 June of the following year, on or before that day;

(2)  in every other case, within one month after the end of the reporting period.

1991, c. 67, s. 468; 1994, c. 22, s. 627; 1995, c. 63, s. 488; 1997, c. 31, s. 148.

469. Notwithstanding section 468, where, in a reporting period of a person not resident in Québec, the person makes a taxable supply in Québec of admissions in respect of an activity, a seminar, an event or a place of amusement, the person shall

(1)  file with the Minister a return for that period on or before the earlier of

(a)  the day on or before which a return for that period is required to be filed under section 468, and

(b)  the day the person, or one or more of his employees who are involved in the commercial activity in which the supply was made, leaves Québec; and

(2)  on or before that earlier day, remit all amounts that became collectible, and all other amounts collected by the person, in the period as or on account of tax under section 16.

1991, c. 67, s. 469.

470. Every person who is not a registrant shall file a return with the Minister for each reporting period of the person for which net tax is remittable by the person, within one month after the end of the reporting period.

1991, c. 67, s. 470; 1994, c. 22, s. 628.

471. Every return under this subdivision shall be made in prescribed form containing prescribed information and shall be filed with and as prescribed by the Minister.

1991, c. 67, s. 471.

472. Where tax under section 18 or 18.0.1 is payable by a person,

(1)  where the person is a registrant, the person shall, on or before the day on or before which the person’s return under section 468 or 469 for the reporting period in which the tax became payable is required to be filed, pay the tax to the Minister or the prescribed person and report the tax in that return; and

(2)  in any other case, the person shall, on or before the last day of the month following the calendar month in which the tax became payable, pay the tax to the Minister or the prescribed person and file with the Minister or the prescribed person in prescribed manner a return in respect of the tax in prescribed form containing prescribed information.

1991, c. 67, s. 472; 1994, c. 22, s. 629; 1995, c. 1, s. 336; 1995, c. 63, s. 489; 1997, c. 85, s. 709.

473. Every person who is liable to pay tax under section 17 (in this section referred to as the “taxpayer”) shall, at the time the tax becomes payable, file a return with the Minister or a prescribed person, in prescribed form containing prescribed information, and at the same time remit to the Minister or prescribed person the tax payable.

Notwithstanding section 17, where a taxpayer is required to file a return under section 468, the taxpayer shall, except where tax under section 17 is to be collected by a prescribed person, furnish in the return information relating to the bringing of the property into Québec and pay the tax upon filing the return under section 468.

1991, c. 67, s. 473; 1993, c. 19, s. 244; 1995, c. 63, s. 490.

473.1. Every person who is liable to pay tax under section 16 in respect of a supply referred to in section 20.1 or of a supply by a small supplier in the course of a commercial activity of a road vehicle that must be registered under the Highway Safety Code (chapter C-24.2) following an application by the person (in this section referred to as the “taxpayer”) shall, at the time of the supply, remit to the Minister or a prescribed person the tax payable in respect of the supply.

The prescribed person shall, as a mandatary of the Minister, collect the tax payable by the taxpayer in respect of the supply.

1993, c. 19, s. 245; 1995, c. 1, s. 337; 1995, c. 63, s. 491.

473.2. For the purposes of sections 473.3 to 473.9,

“cumulative amount” for a reporting period of a registrant means the total of

(1)  the amount that would be the registrant’s net tax for the period if it were determined without reference to section 473.5 and if no input tax refund were claimed, and no amounts were deducted, in determining that net tax, and

(2)  the amount required under section 473.5 to be added in determining the net tax for the period;

“designated reporting period” of a person means a reporting period of the person in respect of which a designation under section 473.3 is in effect, but does not include a reporting period in which the person ceases to be a registrant;

“fiscal year” of a registrant is the fiscal year of the registrant within the meaning of section 458.1.

1995, c. 1, s. 338; 1995, c. 63, s. 492.

473.3. The Minister may, on the application of a registrant and by notice in writing, designate, as an eligible reporting period for the purposes of sections 473.2 to 473.9, a particular reporting period, other than a fiscal year, of the registrant specified in the registrant’s application and ending in a fiscal year of the registrant if

(1)  the Minister is satisfied that it can reasonably be expected that the cumulative amount for the particular reporting period will not exceed $1,000;

(2)  the registrant’s application in respect of the particular reporting period is made in prescribed form, contains prescribed information and is filed with and as prescribed by the Minister before the beginning of the particular reporting period; and

(3)  at the time the application is filed,

(a)  no designation under this section of a reporting period of the registrant ending in the fiscal year has been revoked,

(b)  all amounts required under a fiscal law within the meaning of the Act respecting the Ministère du Revenu (chapter M-31) to be paid or remitted by the registrant before that time have been paid or remitted, and

(c)  all returns required under this Title to be filed with the Minister before that time by the registrant have been filed.

1995, c. 1, s. 338.

473.4. Subject to sections 39 and 95 of the Act respecting the Ministère du Revenu (chapter M-31) and section 1001 of the Taxation Act (chapter I-3), a registrant is not required to file a return under section 468 for a designated reporting period of the registrant if the cumulative amount for the period does not exceed $1,000.

1995, c. 1, s. 338.

473.5. Where the cumulative amount for a designated reporting period of a registrant does not exceed $1,000, that amount shall be added in determining the registrant’s net tax for the reporting period of the registrant immediately following the designated reporting period and, notwithstanding any other provision of this Title, shall not be included in determining the registrant’s net tax for the designated reporting period.

1995, c. 1, s. 338.

473.6. The Minister may revoke a designation made under section 473.3 in respect of a reporting period of a registrant if

(1)  the condition described in paragraph 1 of section 473.3 is no longer met in respect of the period; or

(2)  the conditions described in paragraph 3 of section 473.3 would not be met if an application for such a designation were filed at the beginning of the period.

1995, c. 1, s. 338.

473.7. Where, under section 473.6, the Minister revokes a designation of a reporting period of a registrant, the Minister shall send a notice in writing of the revocation to the registrant.

1995, c. 1, s. 338.

473.8. All designations by the Minister under section 473.3 of a reporting period of a registrant which is subsequent to a particular designated reporting period of the registrant and which ends in the same fiscal year as the particular designated period are revoked where

(1)  the registrant files, or is required to file, a return under section 468 for the designated reporting period; or

(2)  the Minister revokes the designation of the designated reporting period.

1995, c. 1, s. 338.

473.9. For the purposes of this Title, except sections 473.2 to 473.8, any reference to the day on or before which a person is required to file a return shall, where the person is, because of section 473.4, not required to file the return, be read as a reference to the day on or before which the person would, but for that section, be required to file the return.

1995, c. 1, s. 338.

474. A registrant who engages in one or more commercial activities in separate divisions or branches may file with and as prescribed by the Minister an application, in prescribed form containing prescribed information, for authority to file separate returns under this chapter in respect of a division or branch specified in the application.

1991, c. 67, s. 474.

475. Where the Minister receives an application under section 474 in respect of a division or branch of a registrant and is satisfied that

(1)  the branch or division can be separately identified by reference to the location thereof or the nature of the activities engaged in by it, and

(2)  separate records, books of account and accounting systems are maintained in respect of the branch or division,

the Minister may, in writing, authorize the registrant to file separate returns in relation to the specified branch or division, subject to such conditions as the Minister may at any time impose.

1991, c. 67, s. 475.

476. The Minister may, in writing, revoke an authorization granted under section 475 where

(1)  the registrant fails to comply with any condition attached thereto or any provision of this Title;

(2)  the Minister considers that the authorization is no longer required for the purposes for which it was originally granted, or for the purposes of this Title;

(3)  the Minister is no longer satisfied that the requirements of paragraphs 1 and 2 of section 475 in respect of the registrant are met; or

(4)  the registrant, in writing, requests the Minister to revoke the authorization.

1991, c. 67, s. 476.

477. Where under section 476 the Minister revokes an authorization, he shall send a notice in writing of the revocation to the registrant and shall specify therein the effective date thereof.

1991, c. 67, s. 477.

477.1. Notwithstanding sections 474 to 477, where a registrant obtains authorization under section 239 of Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) to file separate returns in relation to a division or branch in respect of which an application may be filed under sections 474 and 475, the following rules apply:

(1)  the registrant is not required to file the application provided for in section 474;

(2)  the authorization granted under section 239 of Part IX of the said Act, including any conditions to which the authorization is subject, is deemed to be an authorization granted under section 475;

(3)  a notice of revocation issued under section 239 of Part IX of the said Act of the authorization obtained under that section is deemed to be a revocation issued under section 476 of the authorization granted under section 475 and the effective date of the notice is deemed to be the effective date of the revocation.

For the purposes of the first paragraph, the Minister may require that the registrant inform the Minister in prescribed form containing prescribed information and in the manner and within the time prescribed by the Minister of the authorization obtained under section 239 of Part IX of the said Act or of any revocation of such authorization, or require that the registrant transmit to the Minister the authorization or notice of revocation issued pursuant to the said section 239.

This section applies, with the necessary modifications, to a person referred to in section 397 who is authorized to file an application under section 239 of Part IX of the said Act by reason of the application of subsection 11 of section 259 of the said Act.

1995, c. 63, s. 493; 1997, c. 85, s. 710.

CHAPTER IX ANTI-AVOIDANCE RULE

478. For the purposes of this chapter,

“tax benefit” means a reduction, an avoidance or a deferral of tax or other amount payable under this Title or an increase in a refund or rebate of tax or any other amount under this Title;

“tax consequences” to a person means the amount of tax, net tax, input tax refund, rebate under Division I of Chapter VII or any other amount payable by, or refundable to, the person under this Title, or any other amount that is relevant to the purposes of computing that amount;

“transaction” includes an arrangement or event.

1991, c. 67, s. 478.

479. Where a transaction is an avoidance transaction, the tax consequences to a person shall be determined as is reasonable in the circumstances in order to deny a tax benefit that, but for this chapter, would result, directly or indirectly, from that transaction or from a series of transactions that include that transaction.

1991, c. 67, s. 479.

480. An avoidance transaction means any transaction that, but for this chapter, would result, directly or indirectly, in a tax benefit, or that is part of a series of transactions, which series, but for this chapter, would result directly or indirectly in a tax benefit, unless in either case the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the tax benefit.

1991, c. 67, s. 480.

481. For greater certainty, section 479 does not apply in respect of a transaction where it may reasonably be considered that the transaction would not result, directly or indirectly, in a misuse of the provisions of this Title or in an abuse having regard to the provisions of this Title, other than this chapter, read as a whole.

1991, c. 67, s. 481.

482. Without restricting the generality of section 479, in determining the tax consequences to a person as is reasonable in the circumstances in order to deny a tax benefit that would, but for this chapter, result, directly or indirectly, from an avoidance transaction,

(1)  any input tax refund or any deduction in computing tax or net tax payable may be allowed or disallowed, in whole or in part;

(2)  any refund or deduction referred to in paragraph 1, or a part thereof, may be allocated to any person;

(3)  the nature of any payment or other amount may be recharacterized; and

(4)  the tax effects that would otherwise result from the application of other provisions of this Title may be ignored.

1991, c. 67, s. 482.

483. Where a notice of assessment involving the application of section 479 with respect to a transaction has been sent to a person, any person, other than a person to whom such a notice has been sent, is entitled, within 180 days after the day of mailing of the notice, to request in writing that the Minister make an assessment applying section 479 with respect to that transaction.

However, where a person making such a request was in fact unable to act or to mandate another person to act on his behalf within the time prescribed and where no more than one year has elapsed after the day of mailing of the notice, the person may apply to a judge of the Court of Québec for an extension which shall not exceed 15 days after the date of the judgment granting the extension.

1991, c. 67, s. 483; 1997, c. 3, s. 130.

484. Notwithstanding any other provision of this Title, the tax consequences to any person following the application of this chapter shall only be determined through a notice of assessment involving the application of this chapter.

1991, c. 67, s. 484.

485. On receipt of a request made by a person under section 483, the Minister shall, with all due dispatch, consider the request and, notwithstanding the second paragraph of section 25 of the Act respecting the Ministère du Revenu (chapter M-31), make an assessment with respect to the person.

However, an assessment may be made under this section only to the extent that it may reasonably be regarded as relating to the transaction referred to in section 483.

1991, c. 67, s. 485; 1995, c. 63, s. 494.

CHAPTER X PENAL PROVISION

1995, c. 1, s. 339.

485.1. Every person who contravenes a regulatory provision made under subparagraph 22 of the first paragraph of section 677, the violation of which is an offence under a regulatory provision made under subparagraph 60 of the said paragraph, is liable to a fine of not less than $325 nor more than $10,000.

1995, c. 1, s. 339.

485.2. Where an offence to a regulatory provision referred to in section 485.1 has been committed, any person entrusted with the enforcement of this Act may draw up an offence report.

In any proceedings instituted under this Act, the offence report, signed by the person referred to in the first paragraph, shall be accepted, in the absence of proof to the contrary, as proof of the facts ascertained by, and of the authority of, that person, without further proof of his appointment or of his signature.

1995, c. 1, s. 339; 1997, c. 3, s. 131.

TITLE II TAX ON ALCOHOLIC BEVERAGES

CHAPTER I DEFINITIONS

486. For the purposes of this title and the regulations made thereunder, unless the context indicates a different meaning,

“beer” has the meaning assigned by the Act respecting offences relating to alcoholic beverages (chapter I-8.1);

“person” has the meaning assigned by section 1;

“reporting period” of a person is the reporting period of the person for the purposes of Title I;

“retail sale” means any sale for purposes other than exclusively of resale.

“vendor” means any person who makes a retail sale of an alcoholic beverage in Québec;

1991, c. 67, s. 486; 1999, c. 83, s. 318.

CHAPTER II SPECIFIC TAX

487. Every person, at the time of making a purchase at a retail sale in Québec of any alcoholic beverage, shall pay a specific tax equal to 0.040 of a cent per millilitre of beer or 0.089 of a cent per millilitre of any other alcoholic beverage purchased by him.

1991, c. 67, s. 487; 1995, c. 1, s. 340.

488. Every person who carries on business or ordinarily resides in Québec and brings or causes to be brought into Québec any alcoholic beverage for use or consumption by himself or by another person at his expense or purchases, by way of a retail sale made outside Québec, an alcoholic beverage that is in Québec shall, on the date the use or consumption of the alcoholic beverage begins in Québec, pay to the Minister a specific tax equal to 0.040 of a cent per millilitre of beer or 0.089 of a cent per millilitre of any other alcoholic beverage so brought in or purchased.

1991, c. 67, s. 488; 1995, c. 1, s. 340.

489. Every person who has purchased or produced an alcoholic beverage intended for sale or as a component of a movable property intended for sale shall, on the date he begins to use or consume the alcoholic beverage in Québec for any other purpose or arranges for it to be used or consumed in Québec at his expense by another person, pay to the Minister a specific tax equal to 0.040 of a cent per millilitre of beer or 0.089 of a cent per millilitre of any other alcoholic beverage so purchased or produced and so used or consumed by him or by the other person.

However, the first paragraph does not apply in respect of an alcoholic beverage purchased or produced in Québec if it is taken or shipped out of Québec for use or consumption as part of the carrying on of the person’s undertaking.

Furthermore, where the person has paid the amount equal to the specific tax prescribed in Chapter V in respect of the alcoholic beverage described in the first paragraph, that person is deemed to have paid the tax prescribed in the said paragraph in respect of that alcoholic beverage.

1991, c. 67, s. 489; 1995, c. 1, s. 341; 1995, c. 63, s. 495.

489.1. In the case of beer produced in Québec by a prescribed person, the specific tax that a person is required to pay under this Title in respect of beer is reduced by the prescribed percentage, on the prescribed terms and conditions.

In the case of any other alcoholic beverage produced in Québec by a prescribed person, the specific tax that a person is required to pay under this Title in respect of such an alcoholic beverage is reduced by the prescribed amount or percentage, on the prescribed terms and conditions.

1995, c. 63, s. 496; 1997, c. 85, s. 711.

CHAPTER III EXEMPTION

490. The specific tax provided for in this title does not apply to

(1)  the sale of an alcoholic beverage for consumption on the premises, authorized by a permit issued under the Act respecting liquor permits (chapter P-9.1), by a small-scale production permit issued under the Act respecting the Société des alcools du Québec (chapter S-13) or by a brewer’s permit issued under the said Act;

(2)  the sale of an alcoholic beverage authorized by a reunion permit issued under the Act respecting liquor permits for consumption at the place indicated on it;

(3)  the sale of an alcoholic beverage delivered outside Québec for use or consumption outside Québec;

(4)  the sale of an alcoholic beverage intended as a component of movable property intended for sale; or

(5)  the sale of an alcoholic beverage containing not more than 0.5 % of alcohol by volume.

For the purposes of subparagraph 3 of the first paragraph, a vendor is deemed to deliver alcoholic beverages outside Québec where,

(1)  he delivers to a person who operates a commercial air, land or water transportation business, for delivery outside Québec, alcoholic beverages that he has sold for use or consumption outside Québec and keeps a copy of the bill of lading or receipt certified by the carrier for purposes of verification by the Minister;

(2)  he posts for delivery outside Québec alcoholic beverages that he has sold for use or consumption outside Québec, keeps for purposes of verification by the Minister the receipt from the Canada Post Corporation identifying the purchaser and sender and satisfies the Minister as to the nature of the object so delivered.

1991, c. 67, s. 490; 1995, c. 63, s. 497; 1997, c. 14, s. 350; 1997, c. 85, s. 712.

491. The tax which a person is required to pay upon the use or consumption of an alcoholic beverage pursuant to section 488 or 489 does not apply to the extent of the exemption to which the person would be entitled under section 490 if the person purchased the alcoholic beverage in Québec at the time it began to be used or consumed and if he meets the conditions for the exemption.

1991, c. 67, s. 491.

CHAPTER IV ADMINISTRATION

492. Every vendor shall, as mandatary of the Minister, collect the specific tax provided for in section 487 at the time of the sale by him of any alcoholic beverage.

Whether the price is stipulated to be payable in cash, with a term, in instalments or in any other manner, the tax referred to in the first paragraph shall be collected by the vendor at the time of the sale and calculated on the total number of millilitres of alcoholic beverage forming the object of the contract.

Every vendor who is required to collect the specific tax referred to in the first paragraph shall indicate to the purchaser, in prescribed manner or on any invoice, receipt, writing or other document recording the sale, the amount of the tax separately from the sale price or so indicate to him that the price includes the tax.

1991, c. 67, s. 492; 1995, c. 63, s. 510.

493. No collection officer, wholesaler, importer, manufacturer or vendor shall sell any alcoholic beverage in Québec unless a registration certificate has been issued to him under Title I and unless such certificate is in force at the time of the sale.

However, the requirement imposed by the first paragraph does not apply to a person who is not required to be registered under Title I at the time of the sale of alcoholic beverages.

1991, c. 67, s. 493; 1995, c. 63, s. 498.

494. Every vendor shall keep an account of the specific tax the vendor has collected and shall, for each reporting period, where the vendor is required to file a return under Division IV of Chapter VIII of Title I, render an account to the Minister, in prescribed form containing the prescribed information, of the specific tax the vendor has collected or should have collected during the particular reporting period, file the account with and as prescribed by the Minister and, at the same time, remit to the Minister the amount of that tax.

The vendor shall render an account even if no sale giving rise to such a tax was made during the particular reporting period.

Notwithstanding the foregoing, a vendor is not required to render an account to the Minister, unless the latter demands it, or to remit to him the specific tax collected in respect of the sale of any alcoholic beverage he acquired from a collection officer holding a registration certificate, where he has paid to that officer the amount provided for in section 497 in respect of that alcoholic beverage.

However, if the specific tax collected in respect of the alcoholic beverage is greater than the amount paid by the vendor under section 497 to a collection officer holding a registration certificate, the difference between the tax and the amount shall be remitted to the Minister according to the terms and conditions provided in the first paragraph.

1991, c. 67, s. 494; 1999, c. 83, s. 319.

495. Where the specific tax provided for in section 487 has not been collected by the vendor, the purchaser shall, at the time of the sale, render an account of that fact to the Minister, sending him the invoice, if any, with such information as the Minister may require and, at the same time, remit to him the specific tax payable.

Every person who is required to pay tax under section 488 or 489 is under the same obligation, and this obtains at the time specified in those sections.

1991, c. 67, s. 495.

CHAPTER V ADVANCE COLLECTION

496. Every person who sells an alcoholic beverage in Québec is a collection officer.

Notwithstanding the first paragraph, the following persons, when carrying on the activities mentioned below, are not collection officers:

(1)  the vendor, when he makes a retail sale;

(2)  the holder of a distiller’s permit or a wine maker’s permit issued under the Act respecting the Société des alcools du Québec (chapter S-13), when he carries on activities authorized by such permit;

(3)  the holder of a brewer’s permit, a beer distributor’s permit, a warehouse permit or a cider maker’s permit issued under the Act respecting the Société des alcools du Québec, when he sells an alcoholic beverage

(a)  for purposes of blending, to a person holding an industrial permit issued under the said Act;

(b)  for consumption on the premises, to a person holding a permit authorizing the sale of alcoholic beverages for consumption on the premises issued under the Act respecting liquor permits (chapter P-9.1), when the alcoholic beverage is delivered in a container identified as prescribed by the Minister; or

(c)  to the Société des alcools du Québec;

(4)  the holder of a small-scale production permit issued under the Act respecting the Société des alcools du Québec, when he makes a sale of an alcoholic beverage

(a)  for consumption on the premises, to a person holding a permit authorizing the sale of alcoholic beverages for consumption on the premises issued under the Act respecting liquor permits, when the alcoholic beverage is delivered in a container identified as prescribed by the Minister, or

(b)  to the Société des alcools du Québec;

(4.1)  the holder of a small-scale beer producer’s permit issued under the Act respecting the Société des alcools du Québec, when he makes a sale to the Société des alcools du Québec;

(5)  the Société des alcools du Québec, when it sells an alcoholic beverage

(a)  to the holder of an industrial permit, a small-scale production permit or a small-scale beer producer’s permit issued under the Act respecting the Société des alcools du Québec;

(b)  for consumption on the premises, to a person holding a permit authorizing the sale of alcoholic beverages for consumption on the premises issued under the Act respecting liquor permits, when the alcoholic beverage is delivered in a container identified as prescribed by the Minister.

1991, c. 67, s. 496; 1992, c. 17, s. 18; 1997, c. 14, s. 351.

497. Every collection officer holding a registration certificate shall, as mandatary of the Minister, collect an amount equal to the specific tax provided for in section 487 in respect of beer or any other alcoholic beverage, as the case may be, from every person to whom he sells an alcoholic beverage in Québec.

The requirement provided for in the first paragraph does not apply to the sale of any alcoholic beverage that is delivered outside Québec.

Whether the price is stipulated to be payable in cash, with a term, in instalments or in any other manner, the amount contemplated in the first paragraph shall be collected by the collection officer at the time of the sale and calculated on the total number of millilitres of alcoholic beverage forming the object of the contract.

Every person who is required to collect the amount provided for in the first paragraph shall indicate to the purchaser, in prescribed manner or on any invoice, receipt, writing or other document recording the sale, that amount separately from the sale price or so indicate to him that the price includes that amount.

1991, c. 67, s. 497; 1995, c. 63, s. 510.

498. Every collection officer holding a registration certificate shall keep an account of the amounts the collection officer has collected and shall, for each reporting period, where the collection officer is required to file a return under Division IV of Chapter VIII of Title I, render an account to the Minister, in prescribed form containing the prescribed information, of the amounts the collection officer has collected or should have collected under section 497 during the particular reporting period, file the account with and as prescribed by the Minister and, at the same time, remit the amounts to the Minister.

The collection officer shall render an account even if no sale of alcoholic beverages was made during the particular reporting period.

Notwithstanding the foregoing, a collection officer holding a registration certificate is not required to render an account to the Minister, unless the latter demands it, or to remit to him the amount collected in respect of the sale of any alcoholic beverage he acquired from another collection officer holding a registration certificate, where he has remitted to that other officer the amount provided for in section 497 in respect of the alcoholic beverage.

However, if the amount collected in respect of the alcoholic beverage is greater than the amount he paid under section 497 to a collection officer holding a registration certificate, the difference between the two amounts shall be remitted to the Minister according to the terms and conditions provided in the first paragraph.

1991, c. 67, s. 498; 1999, c. 83, s. 320.

499. Every collection officer holding a registration certificate who fails to collect the amount provided for in section 497 or fails to remit to the Minister such an amount which he has collected and is required to remit or remits the amount to a person who does not hold a registration certificate shall become a debtor of the Government for that amount.

Every collection officer who does not hold a registration certificate in force at the time he sells an alcoholic beverage in Québec shall become a debtor of the Government for any amount provided for in section 497 which he has collected or should have collected if he had held such a certificate.

In such circumstances, the amounts referred to in the first and second paragraphs are deemed to be duties within the meaning of the Act respecting the Ministère du Revenu (chapter M-31).

1991, c. 67, s. 499.

CHAPTER V.1 INSTALMENT

1999, c. 83, s. 321.

499.1. Subject to the third paragraph, where the reporting period of a vendor or collection officer holding a registration certificate is a fiscal year within the meaning of section 458.1 or a period determined under section 461.1, the vendor or collection officer shall, within one month after the end of each of the vendor’s or collection officer’s fiscal quarter, within the meaning of section 458.1, ending in the reporting period, pay to the Minister an amount equal to 1/4 of the instalment base of the vendor or collection officer for that reporting period.

Sections 458.0.4 and 458.0.5 apply to that instalment, with the necessary modifications.

Where the vendor or the collection officer has complied with the obligation imposed under section 79.15.0.1 of the Licenses Act (chapter L-3) for a particular fiscal quarter, the first paragraph does not apply to that vendor or collection officer for that quarter.

1999, c. 83, s. 321.

499.2. The instalment base of a person referred to in section 499.1 for a particular reporting period of the person is the lesser of

(1)  an amount equal to

(a)  in the case of a reporting period determined under section 461.1, the amount determined by the formula

A × (365 / B), and

(b)  in any other case, the total of the specific tax and the amount equal to the specific tax, if any, that the person has collected or should have collected, the duties provided for in section 79.11 of the Licenses Act (chapter L-3) that the person has collected or should have collected under subparagraphs b and d of the first paragraph of that section and that the person is required to pay under subparagraphs c and e of the first paragraph of that section for the particular reporting period; and

(2)  the amount determined by the formula

C × (365 / D).

For the purposes of these formulas,

(1)  A is the total of the specific tax and the amount equal to the specific tax, if any, that the person has collected or should have collected, the duties provided for in section 79.11 of the Licenses Act that the person has collected or should have collected under subparagraphs b and d of the first paragraph of that section and that the person is required to pay under subparagraphs c and e of the first paragraph of that section for the particular reporting period;

(2)  B is the number of days in the particular reporting period;

(3)  C is the total of all amounts each of which is the total of the specific tax and the amount equal to the specific tax, if any, that the person has collected or should have collected, the duties provided for in section 79.11 of the Licenses Act that the person has collected or should have collected under subparagraphs b and d of the first paragraph of that section and that the person is required to pay under subparagraphs c and e of the first paragraph of that section for a reporting period ending in the twelve-month period immediately preceding the particular reporting period; and

(4)  D is the number of days in the period commencing on the first day of the first of those preceding reporting periods and ending on the last day of the last of those preceding reporting periods.

1999, c. 83, s. 321.

499.3. For the purposes of section 499.1, where the instalment base of a vendor or collection officer holding a registration certificate for a reporting period is less than $1,500, it is deemed to be nil.

1999, c. 83, s. 321.

CHAPTER VI MISCELLANEOUS PROVISIONS

500. No person may sell any alcoholic beverage in Québec to a collection officer or a vendor unless the collection officer or the vendor is, subject to the second paragraph of section 493, the holder of the registration certificate referred to in the first paragraph of that section.

1991, c. 67, s. 500; 1995, c. 63, s. 499.

501. No collection officer or vendor may purchase any alcoholic beverage in Québec from a person other than the holder of a registration certificate issued in accordance with section 415.

1991, c. 67, s. 501.

502. Every person who contravenes section 500 or 501 is liable to a fine of not less than $2,000 nor more than $25,000.

1991, c. 67, s. 502.

503. Every person who contravenes the third paragraph of section 492, section 493, section 495 or the fourth paragraph of section 497 is liable to a fine of not less than $200 nor more than $5,000.

1991, c. 67, s. 503; 1995, c. 1, s. 342.

504. Every person who, as mandatary of the Minister, refuses or neglects to collect the tax or the amount equal to the tax, to keep or render an account thereof or to remit the tax or amount to the Minister, in accordance with the provisions of this Title or with a regulatory provision referred to in paragraph 60 of section 677, is liable to a fine of not less than $25 for each day that the offence continues.

1991, c. 67, s. 504; 1995, c. 63, s. 510.

505. The Minister may require any holder of a registration certificate or any person required to hold such a certificate to forward to him, within the period fixed by the Minister and in prescribed form containing prescribed information, the inventory of all or certain alcoholic beverages that are in the possession of the holder or person on such date as the Minister may determine.

1991, c. 67, s. 505.

TITLE III TAXATION OF INSURANCE PREMIUMS

CHAPTER I SCOPE

506. For the purposes of this Title and the regulations made thereunder, unless the context indicates a different meaning, “person” has the meaning assigned by section 1.

1991, c. 67, s. 506.

506.1. For the purposes of this Title and the regulations, a legal person, whether or not established for pecuniary gain, is designated by the word “corporation”.

1997, c. 3, s. 133.

507. The object of this Title is to tax insurance premiums.

The following are deemed to be insurance premiums:

(1)  any amount payable to obtain for oneself or another on the occurrence of a risk a benefit payable by an insurer or another person, including a contribution to an uninsured social benefits plan, an assessment, a premium deposit or a membership fee;

(2)  any amount which, under an uninsured social benefits plan, is paid by reason of the occurrence of a risk.

1991, c. 67, s. 507.

508. The following are subject to tax under this Title:

(1)  persons resident in Québec or carrying on business in Québec;

(2)  persons not resident in Québec nor carrying on business in Québec, in respect of insurance of property situated in Québec.

1991, c. 67, s. 508.

509. A person is resident in Québec if he is ordinarily resident in Québec or if he is deemed to be resident in Québec pursuant to the Taxation Act (chapter I-3).

1991, c. 67, s. 509.

510. A person carries on business in Québec if he has an establishment in Québec or if he is deemed to have an establishment in Québec pursuant to the Taxation Act (chapter I-3).

1991, c. 67, s. 510.

511. An uninsured social benefits plan is a plan which gives protection against a risk that could otherwise be obtained by taking out a policy of insurance of persons, whether the benefits are partly insured or not.

The plan is deemed to be a policy of insurance of persons.

1991, c. 67, s. 511.

CHAPTER II TAX

512. Every person subject to the tax shall, when paying an insurance premium, pay a tax equal to 9% of the premium or, in the case of an automobile insurance premium, a tax equal to 5% of the premium.

However, where the premium is paid by instalments, the tax shall be computed and paid pro rata to the premium paid.

1991, c. 67, s. 512.

513. A person resident or carrying on business in Québec is deemed to pay the insurance premium paid by a person not subject to the tax in respect of the insurance policy concerned, in any of the following situations:

(1)  where he is the owner of the insurance policy;

(2)  where he has assigned his insurance policy to a person not subject to the tax in respect of the policy;

(3)  where he has an interest in property situated in Québec or carries on an activity in Québec and a person not subject to the tax in respect of the policy is the owner of the insurance policy relating to that interest or activity.

The same rule applies to a person not resident in Québec nor carrying on business in Québec who has an interest in property situated in Québec if the premium for the insurance policy is paid by a person not subject to the tax in respect of the policy.

In the cases described in this section, the person is deemed to have paid a premium equal to that paid by the person not subject to the tax and to have paid it on the date the latter paid the premium.

1991, c. 67, s. 513.

CHAPTER III SPECIAL PROVISIONS RESPECTING CERTAIN KINDS OF INSURANCE

DIVISION I INSURANCE OF PERSONS

514. The following are deemed to be insurance premiums:

(1)  administration costs connected with a policy of insurance of persons which are payable to the person who receives the premium described in subparagraph 1 of the second paragraph of section 507;

(2)  administration costs connected with an insurance premium described in subparagraph 2 of the second paragraph of section 507 and payable to the person who administers the uninsured social benefits plan;

(3)  interest charges and the tax paid or payable, if any, under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in connection with a taxable premium under an uninsured social benefits plan;

(4)  an amount payable to make up a deficit relating to a policy of insurance of persons, whether or not the policy is in force at the time of the payment.

1991, c. 67, s. 514.

515. The deposit of an amount in a fund created to obtain a benefit for oneself or another on the occurrence of a risk is deemed to be the payment of an insurance premium.

1991, c. 67, s. 515.

DIVISION II DAMAGE INSURANCE

516. Administration costs connected with a damage insurance policy, except those payable to a person other than the insurer and separately indicated on the invoice, are deemed to be insurance premiums.

1991, c. 67, s. 516.

517. Individual insurance of persons which is incidental in a contract of insurance encompassing personal insurance and damage insurance is deemed to be damage insurance.

1991, c. 67, s. 517; 1997, c. 14, s. 352.

517.1. For the purposes of this Title, travel cancellation or interruption insurance is deemed to be damage insurance.

1997, c. 14, s. 353.

518. For the purposes of section 512, where a damage insurance premium payable by a person who carries on business in Québec is over $1,000 for the period of coverage and only part of the premium is attributable to a risk that might occur in Québec, the premium is that which is prescribed if the prescribed conditions are met.

If the prescribed conditions are not met, the tax is computed on the whole premium.

1991, c. 67, s. 518.

519. An automobile insurance premium is the premium exigible under a policy the form and conditions of which are approved by the Inspector General of Financial Institutions or a similar policy.

1991, c. 67, s. 519; 1992, c. 57, s. 714.

CHAPTER IV EXEMPTIONS

520. The tax provided for in this title does not apply to

(1)  the premium for an individual policy of insurance of persons;

(2)  the premium for a policy of group insurance of persons or for an uninsured social benefits plan

(a)  payable by an employer in respect of an employee who presents himself for work at an establishment of the employer situated outside Québec or who is not required to present himself for work at an establishment of his employer and whose salary or wages are paid from such an establishment situated outside Québec;

(b)  payable in respect of a person resident outside Québec by a person who carries on business in Québec and elsewhere and who is not contemplated in subparagraph a;

(3)  the premium for an uninsured social benefits plan described in subparagraph 1 of the second paragraph of section 507 and payable by an employer in respect of an employee or by an organization in respect of a member if

(a)  the amount is not greater than that required for payment of foreseeable and payable benefits for 30 days after payment of the premium; and

(b)  the benefits constitute income from an office or employment for which contributions established pursuant to the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Act respecting the Régie de l’assurance-maladie du Québec (chapter R-5) or the Act respecting the Québec Pension Plan (chapter R-9) are paid;

(c)  the benefits are payable by reason of a loss of all or part of his income from an office or employment;

(4)  the premium for an uninsured social benefits plan described in subparagraph 2 of the second paragraph of section 507 if

(a)  the amount is paid by an employer in respect of an employee or by an organization in respect of a member; and

(b)  the amount constitutes income from an office or employment for which a contribution established pursuant to the Act respecting industrial accidents and occupational diseases, the Act respecting the Régie de l’assurance-maladie du Québec or the Act respecting the Québec Pension Plan is paid;

(c)  the amount is payable by reason of a loss of all or part of his income from an office or employment;

(5)  the premium for a damage insurance policy where the premium is wholly attributable to the occurrence of a risk outside Québec;

(6)  a premium payable out of another taxable premium;

(7)  a premium payable under a contract of reinsurance or of insurance covering the risks referred to in article 2390 of the Civil Code other than risks relating to the use of a pleasure boat on inland waters only;

(8)  the contribution payable under an annuity contract;

(9)  the amount in respect of an additional coverage policy under the terms of which a person undertakes to assume the cost of repair or replacement of property or part thereof if it is defective or malfunctions;

(10)  the amount payable to obtain a surety;

(11)  the premium payable by a fabrique or a trustee of a parish under an insurance policy relating to property used for religious worship or religious activities;

(12)  the premium payable by a cemetery society, company or corporation under an insurance policy relating to property used for the cemetery or for cemetery activities;

(13)  the prescribed premium payable by an Indian or an Indian band, within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5) or the Cree-Naskapi (of Québec) Act (Statutes of Canada, 1984, chapter 18), if the prescribed conditions are met;

(14)  the premium, assessment or contribution payable under

(a)  the Workmen’s Compensation Act (chapter A-3);

(b)  the Act respecting industrial accidents and occupational diseases (chapter A-3.001);

(c)  the Crop Insurance Act (chapter A-30);

(d)  the Act respecting farm income stabilization insurance (chapter A-31);

(e)  the Act respecting the Régie de l’assurance-maladie du Québec (chapter R-5);

(f)  the Act respecting the Québec Pension Plan (chapter R-9);

(g)  the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1);

(15)  a premium payable in respect of an aircraft used in the operation of a commercial air service under a licence or permit issued for that purpose under the Aeronautics Act (Revised Statutes of Canada, 1985, chapter A-2) or under the National Transportation Act, 1987 (Revised Statutes of Canada, 1985, chapter 28, 3rd Supplement);

(16)  a premium of $0.25 or less payable in a single payment, or in several payments if the yearly total does not exceed that amount; or

(17)  a premium that constitutes, under Title I, consideration for a taxable supply, other than a zero-rated supply.

1991, c. 67, s. 520; 1993, c. 64, s. 244; 1992, c. 57, s. 715; 1997, c. 3, s. 134.

521. Notwithstanding section 520, the tax provided for in this Title applies to the insurance premium payable to the Société de l’assurance automobile du Québec.

1991, c. 67, s. 521.

CHAPTER V REIMBURSEMENT

522. A person who fully or partially reimburses an insurance premium shall also reimburse the tax he collected in respect thereof.

The reimbursement is computed pro rata to the reimbursed premium and is deducted from the amount of the tax collected by the person during the month.

1991, c. 67, s. 522.

CHAPTER VI ADMINISTRATION

DIVISION I REGISTRATION CERTIFICATE, COLLECTION AND REMITTANCE

523. A person who receives payment of a premium for a policy of insurance of persons described in subparagraph 1 of the second paragraph of section 507, shall collect the tax provided for in this Title at the same time.

The person shall remit the tax to the Minister if he is not required to remit the premium to another person or if he is required to remit it to a person who does not hold a registration certificate.

In other cases, he shall remit the tax at the same time as the premium, to the person to whom he remits the premium.

1991, c. 67, s. 523.

524. The person who administers the uninsured social benefits plan of a particular person shall collect the tax provided for in this Title at the same time as the particular person pays to him the amount connected with the premium described in subparagraph 2 of the second paragraph of section 507 and shall remit the tax to the Minister.

1991, c. 67, s. 524.

525. The tax on a damage insurance premium shall be collected at the same time as the premium and remitted to the Minister by

(1)  the insurance broker, except in respect of any premium remitted to him by a travel agent;

(2)  the insurer, where the premium has not been remitted to a travel agent or an insurance broker or where it has been remitted to an insurance broker from outside Québec who does not furnish proof to him that the tax has been remitted to the Minister;

(3)  the travel agent; or

(4)  any other person who receives payment of an insurance premium which he is not required to remit to another person, including an organization which receives payment of a premium payable under an Act.

1991, c. 67, s. 525.

526. Every person required to remit the tax provided for in this Title to the Minister, with the exception of a person referred to in section 528, is required to register and hold a registration certificate issued in accordance with section 526.1.

1991, c. 67, s. 526; 1995, c. 63, s. 500.

526.1. Every person required to be registered under section 526 shall apply for registration to the Minister before the day the person is first required to collect the tax provided for in this Title.

Sections 412 and 415 apply to the application, with the necessary modifications.

1995, c. 63, s. 501.

526.2. The Minister may cancel the registration of a person referred to in section 526.

Sections 416 and 418 apply to the cancellation, with the necessary modifications.

1995, c. 63, s. 501.

527. On or before the last day of each calendar month, every person who holds or who is required to hold a registration certificate shall act as a mandatary of the Minister, keep an account of the tax he has collected or should have collected under this Title for the preceding calendar month, render an account to the Minister in prescribed form containing prescribed information, file the account with and as prescribed by the Minister even if no payment of any insurance premium subject to the tax has been received during that calendar month and, at the same time, remit to the Minister the amount of such tax.

1991, c. 67, s. 527; 1994, c. 22, s. 630; 1995, c. 63, s. 502.

528. Where the tax provided for in this Title is not collected from the person subject to the tax at the time of payment of the premium, the person shall, at that time, render an account to the Minister in prescribed form containing prescribed information, file the account with and as prescribed by the Minister, including the invoice or statement where necessary and any information the Minister may require, and remit to the Minister the tax payable on or before

(1)  where the person is registered under Part I, the day on which the person is required to file a return for the reporting period determined under subdivision 1 of Division IV of Chapter VIII of Title I in which the premium was paid, in accordance with the provisions of subdivision 2 of Division IV of Chapter VIII of Title I; and

(2)  in any other case, the last day of the calendar month following the calendar month in which the premium was paid.

1991, c. 67, s. 528; 1995, c. 63, s. 503.

528.1. Every person required to remit to the Minister the tax provided for in this Title who, on 31 July 1995, holds a registration certificate issued under Title I is deemed, for the purposes of this Title, to hold, on 1 August 1995, a registration certificate issued under section 526.1.

1995, c. 63, s. 504.

DIVISION II CERTIFICATION

529. A person subject to the tax who pays an insurance premium part of which is not taxable shall certify, in prescribed form and in the prescribed cases, what portion of the premium is taxable, to the person required to collect the tax.

1991, c. 67, s. 529.

DIVISION III COMPUTATION AND SEPARATE INDICATION OF THE TAX

530. The tax provided for in this Title shall be computed separately for each premium payment and any fraction of $0.01 shall be counted as $0.01.

Notwithstanding the foregoing, where a damage insurance premium is greater than $11, the person who collects the tax may round it off to the nearest dollar.

1991, c. 67, s. 530.

531. The tax shall be shown separately from the premium on any invoice or statement and in the books of account of the person required to collect the tax, except where section 529 applies, in which case the person subject to the tax is required to indicate the tax separately from the amount of the premium on any document forwarded with his payment.

1991, c. 67, s. 531.

532. Where the insurance premium is not specified or where it is combined with another amount, the Minister may determine the premium which shall serve as the basis for the taxation provided for in this Title.

1991, c. 67, s. 532.

533. Where an insurance premium is paid by way of a salary deduction, the tax need not be separately indicated on the statement of earnings and deductions.

Notwithstanding the foregoing, a person who agrees to this mode of payment shall be informed at the time he agrees to it of the amount of the tax payable on his insurance premium.

1991, c. 67, s. 533.

534. Every person who contravenes any of sections 526, 528, 531 or 533 or a regulatory provision referred to in paragraph 60 of section 677 is liable to a fine of not less than $200 nor more than $5,000.

1991, c. 67, s. 534.

535. Every person who, as mandatary of the Minister, refuses or neglects to collect the tax or the amount equal to the tax, to keep or render an account thereof or remit it to the Minister, in accordance with the provisions of this Title or with a regulatory provision referred to in paragraph 60 of section 677, is liable to a fine of not less than $25 for each day that the offence continues.

1991, c. 67, s. 535; 1995, c. 63, s. 510.

536. No person contemplated in section 526 shall institute or continue any proceedings in Québec for the recovery of a debt arising from an insurance policy unless he holds a registration certificate issued in accordance with section 415.

Such incapacity shall be noticed ex officio by the court and its officers.

Nevertheless, any proceedings instituted shall be valid notwithstanding such incapacity upon the subsequent obtaining of the registration certificate.

1991, c. 67, s. 536.

TITLE IV TAX ON THE PARI-MUTUEL

537. For the purposes of this Title and the regulations made thereunder, unless the context indicates a different meaning, “person” has the meaning assigned by section 1.

1991, c. 67, s. 537.

538. Every person who, in Québec, makes a bet under a pari mutuel system, on a horse race held at a race track in or outside Québec shall, on placing his bet, pay to the Minister a tax equal to the amount obtained by multiplying the amount of the placed bet before any deduction prescribed or permitted by any other Act by the following rate:

(1)  where the bet includes the choice of a single winning horse,

(a)  1 %, if the overall average of stakes for each race card at the race track during the calendar year preceding the date on which the race is held, hereinafter called the “overall average of stakes”, is less than $125 000;

(b)  2 %, if the overall average of stakes is at least $125 000 but less than $250 000;

(c)  4 %, if the overall average of stakes is $250 000 or more;

(2)  where the bet includes the choice of two winning horses:

(a)  6 %, if the overall average of stakes is less than $125 000;

(b)  7 %, if the overall average of stakes is at least $125 000 but less than $250 000;

(c)  9 %, if the overall average of stakes is $250 000 or more;

(3)  where the bet includes the choice of more than two winning horses,

(a)  9 % if the overall average of stakes is less than $125 000;

(b)  9.5 %, if the overall average of stakes is at least $125 000 but less than $250 000;

(c)  11.5 %, if the overall average of stakes is $250 000 or more.

Where, during the calendar year preceding the date on which the race is held, there has been no bet made under a pari mutuel system on horse races held at that race track, the Minister shall determine the overall average of stakes.

1991, c. 67, s. 538.

539. Every person who, during a race card, receives amounts that are placed as bets under a pari-mutuel system shall, at that time, collect the tax provided for in section 538 in the manner specified by the Minister.

The person then acts as a mandatary of the Minister. He shall remit daily to the Minister the tax collected and, at the same time, submit a report to him in the manner specified by the Minister.

1991, c. 67, s. 539.

540. Every person required to collect the tax provided for in this Title shall hold a registration certificate issued under Title I.

1991, c. 67, s. 540.

540.1. The Minister shall pay to the horse-racing industry fund established by Division IV.1 of the Act respecting the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation (chapter M-14) the proceeds of the tax on the pari mutuel collected under this Title.

The payments shall be made on the dates and according to the terms and conditions determined by the Government.

1995, c. 68, s. 2.

541. Notwithstanding any special Act, no municipality may, by by-law, resolution or otherwise, levy any duty, impost or tax for the operating of a race track or the holding of a race meeting.

1991, c. 67, s. 541.

TITLE IV.1

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

CHAPTER I

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 3, s. 144; 1997, c. 14, s. 379.

541.1. (Repealed).

1995, c. 63, s. 505; 1997, c. 3, s. 144; 1997, c. 14, s. 379.

541.1.1. (Repealed).

1995, c. 63, s. 505; 1997, c. 3, s. 144; 1997, c. 14, s. 379.

CHAPTER II

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.2. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.3. (Repealed).

1995, c. 63, s. 505; 1997, c. 3, s. 144; 1997, c. 14, s. 379.

541.4. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.5. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.6. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.7. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

CHAPTER III

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.8. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.9. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.10. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.11. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

CHAPTER IV

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.12. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

CHAPTER V

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.13. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.14. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.15. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.16. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.17. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

CHAPTER VI

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

DIVISION I

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.18. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

DIVISION II

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.19. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.20. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

DIVISION III

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.21. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

CHAPTER VII

Repealed, 1997, c. 14, s. 379.

1995, c. 63, s. 505; 1997, c. 14, s. 379.

541.22. (Repealed).

1995, c. 63, s. 505; 1997, c. 14, s. 379.

TITLE IV.2 SPECIFIC TAX ON LODGING

1997, c. 14, s. 354.

CHAPTER I DEFINITIONS

1997, c. 14, s. 354.

541.23. For the purposes of this Title and the regulations made thereunder, unless the context indicates otherwise,

“calendar quarter” has the meaning assigned by section 1;

“commercial activity” has the meaning assigned by section 1;

“customer” means the recipient of a supply of a sleeping-accommodation unit, but does not include a recipient who receives a supply of a sleeping-accommodation unit only to again make a supply of it in the course of commercial activities of the recipient;

“overnight stay” means a supply of a sleeping-accommodation unit for more than six hours per period of 24 hours;

“person” has the meaning assigned by section 1;

“recipient” has the meaning assigned by section 1;

“regulation” means the Regulation respecting tourist establishments (Order in Council 747-91 (1991, G.O. 2, 1770)), with present and future amendments;

“sleeping-accommodation establishment” has the meaning assigned by the regulation;

“sleeping-accommodation unit” has the meaning assigned by the regulation;

“supply” has the meaning assigned by section 1.

1997, c. 14, s. 354.

CHAPTER II IMPOSITION OF THE SPECIFIC TAX

1997, c. 14, s. 354.

541.24. The customer shall, at the time of the supply of a sleeping-accommodation unit in a prescribed sleeping-accommodation establishment situated in a prescribed tourist region, pay a specific tax equal to $2 per overnight stay for each unit.

1997, c. 14, s. 354.

CHAPTER III ADMINISTRATION

1997, c. 14, s. 354.

541.25. Every person who receives an amount from a customer for the supply of a sleeping-accommodation unit referred to in section 541.24 shall, as a mandatary of the Minister, collect the tax at that time.

Every person who receives an amount from a person other than a customer for the supply of such a sleeping-accommodation unit shall, as a mandatary of the Minister, collect, at that time, an amount equal to the tax.

1997, c. 14, s. 354.

541.26. Every person who is required to collect the tax or the amount equal to the tax shall keep an account thereof and, on or before the last day of the month following the end of each calendar quarter, render an account to the Minister, in prescribed form containing prescribed information, of the tax or of the amount equal to the tax that the person has collected or should have collected for the preceding calendar quarter and, therewith, remit the tax or amount to the Minister.

The person shall render an account to the Minister even if no amount relating to the supply of a sleeping-accommodation unit giving rise to the tax or amount equal to the tax was received during the calendar quarter.

However, a person is not required to render an account to the Minister, unless the latter demands it, or to remit the tax or the amount equal to the tax to the Minister in respect of the supply of a sleeping-accommodation unit that the person has acquired from another person, where the person has remitted to that other person an amount equal to the tax in respect of the supply.

The amount equal to the tax is deemed to be a duty within the meaning of the Act respecting the Ministère du Revenu (chapter M-31).

1997, c. 14, s. 354.

541.27. Where a person reimburses the total amount paid for an overnight stay in a sleeping-accommodation unit, the person shall also reimburse the tax or the amount equal to the tax that the person has collected in its respect.

The person may deduct that total amount in determining the tax for a particular reporting period in which the person remits that amount to the other person or for any subsequent period ending not later than four years after the day on which the particular period ends.

1997, c. 14, s. 354.

541.28. Every person required to remit the tax to the Minister is required to register and to hold a registration certificate issued in accordance with section 541.30.

1997, c. 14, s. 354.

541.29. Every person required to remit the tax to the Minister who, on 31 March 1997, holds a registration certificate issued under Title I is deemed, for the purposes of this Title, to hold, on 1 April 1997, a registration certificate issued in accordance with section 541.30.

1997, c. 14, s. 354.

541.30. Every person required under section 541.28 to be registered shall file an application for registration with the Minister before the day on which the person is first required to collect the tax.

Sections 412 and 415 apply, with the necessary modifications, to the application for registration.

1997, c. 14, s. 354.

541.31. The Minister may cancel the registration of a person referred to in section 541.28.

Sections 416 and 418 apply, with the necessary modifications, to the cancellation.

1997, c. 14, s. 354.

541.32. Every person required to collect the tax or the amount equal to the tax shall indicate the amount of the tax, in prescribed manner, on the invoice, receipt, writing or other document recording the amount paid or payable for a sleeping-accommodation unit.

1997, c. 14, s. 354.

541.33. The Minister shall pay into the tourism partnership fund established by the Act to establish a tourism partnership fund (1996, chapter 72) the proceeds of the specific tax on lodging collected under this Title.

The payments shall be made on the dates and according to the terms and conditions agreed upon, after deduction of reimbursements and collection costs.

1997, c. 14, s. 354.

TITLE IV.3 SPECIFIC DUTY ON PERCHLOROETHYLENE

1997, c. 85, s. 713.

CHAPTER I DEFINITIONS

1997, c. 85, s. 713.

541.34. For the purposes of this Title and the regulations made under it, unless the context indicates otherwise,

“business” has the meaning assigned by section 1;

“person” has the meaning assigned by section 1;

“retail sale” means a sale made by a person for the purpose of consumption or use by the person or by any other person at the expense of the person or the other person, but does not include a sale made for purposes of resale;

“vendor” means any person who makes a retail sale of perchloroethylene in Québec.

1997, c. 85, s. 713.

CHAPTER II TAXATION OF SPECIFIC DUTY

1997, c. 85, s. 713.

541.35. Every person, at the time of making a purchase at a retail sale in Québec of perchloroethylene for consumption or use in the course of a dry cleaning business operated in Québec, shall pay a specific duty equal to $1.25 per litre of perchloroethylene purchased by the person.

1997, c. 85, s. 713; 1999, c. 83, s. 322.

541.36. Every person who brings or causes to be brought into Québec any perchloroethylene for consumption or use in the course of a dry-cleaning business operated in Québec by the person or at the person’s expense by another person shall, immediately after the bringing into Québec of the perchloroethylene, make a report to the Minister in prescribed form containing prescribed information and pay to the Minister a specific duty equal to $2.50 per litre of perchloroethylene so brought in.

1997, c. 85, s. 713.

541.37. Every person who consumes or uses or arranges for another person to consume or use, at the expense of the person and in the course of a dry-cleaning business operated in Québec, any perchloroethylene in respect of which the specific duty provided for in sections 541.35 and 541.36 has not been paid shall immediately make a report to the Minister in prescribed form containing prescribed information and pay to the Minister the specific duty in respect of the perchloroethylene.

1997, c. 85, s. 713.

CHAPTER III ADMINISTRATION

1997, c. 85, s. 713.

541.38. Every vendor shall collect, as mandatary of the Minister, the specific duty provided for in section 541.35 when the vendor makes a sale of perchloroethylene for consumption or use in the course of a dry-cleaning business operated in Québec.

Whether the price is stipulated to be payable in cash, with a term, in instalments or in any other manner, the duty referred to in the first paragraph shall be collected by the vendor at the time of the sale and calculated on the total quantity of perchloroethylene forming the object of the contract.

The amount of duty shall be indicated separately from the sale price on any invoice and on any document recording the sale.

1997, c. 85, s. 713.

541.39. Every vendor shall keep an account of the specific duty the vendor has collected and shall, on or before the last day of each calendar month, render an account to the Minister of the specific duty the vendor has collected or should have collected during the preceding calendar month, as prescribed by the Minister in prescribed form containing prescribed information and, at the same time, remit to the Minister the amount of that duty.

The vendor shall render an account even if no sale giving rise to such a tax was made during the calendar month.

Sections 447 and 449 apply, with the necessary modifications, where the vendor charges or collects an amount from a person as or on account of the duty provided for in section 541.35 that exceeds the amount of the duty the vendor was required to collect.

1997, c. 85, s. 713.

541.40. Every vendor required to collect the specific duty provided for in section 541.35 is required to register and hold a registration certificate issued in accordance with section 541.42.

1997, c. 85, s. 713.

541.41. Every person required to collect the specific duty provided for in section 541.35 who, on 31 December 1997, holds a registration certificate issued under Title I is deemed, for the purposes of this Title, to hold, on 1 January 1998, a registration certificate issued in accordance with section 541.42.

Every person referred to in the first paragraph shall, within 10 days after the day the person first engages in the retail sale of perchloroethylene for which the person is required to collect the duty provided for in section 541.35, so inform the Minister by registered or certified mail.

1997, c. 85, s. 713.

541.42. Every person required to be registered under section 541.40 and not referred to in section 541.41 shall apply for registration to the Minister before the day the person is first required to collect the duty.

Sections 412 and 415 apply to the application, with the necessary modifications.

1997, c. 85, s. 713.

541.43. The Minister may cancel the registration of a person referred to in section 541.40.

Sections 416 and 418 apply to the cancellation, with the necessary modifications.

1997, c. 85, s. 713.

541.44. Every person who contravenes section 541.36 or 541.37, the third paragraph of section 541.38, section 541.40 or the second paragraph of section 541.41 is liable to a fine of not less than $200 nor more than $5,000.

1997, c. 85, s. 713.

TITLE IV.4 AGREEMENT WITH A MOHAWK COMMUNITY

1999, c. 53, s. 17.

541.45. The purpose of this Title is to provide for the implementation of any agreement concerning the application of this Act concluded between the Government and a Mohawk community.

1999, c. 53, s. 17.

541.46. Subject to section 541.47, the provisions of this Act that are necessary to implement an agreement referred to in section 541.45 apply with the necessary modifications.

1999, c. 53, s. 17.

541.47. For the purposes of an agreement referred to in section 541.45, the Government may make regulations to

(1)  enact any provision necessary to give effect to the agreement and its amendments;

(2)  specify the provisions of this Act that do not apply;

(3)  take any other measures necessary to implement the agreement and its amendments.

The competent parliamentary committee of the National Assembly shall examine every regulation made by the Government under this section and the agreement relating thereto.

1999, c. 53, s. 17.

Not in force

CHAPTER V ADVANCE COLLECTION

2000, c. 39, s. 289.

Not in force

541.60. Every collection officer holding a registration certificate shall collect, as mandatary of the Minister, an amount equal to the specific duty provided for in section 541.49 in respect of each new tire from every person to whom the collection officer sells a new tire or road vehicle or leases a new tire or makes a long term lease of a road vehicle, and from every person to whom the collection officer delivers or causes to be delivered in Québec such property.

That requirement does not apply

(1)  where the collection officer delivers a new tire or road vehicle equipped with new tires outside Québec;

(2)  where the collection officer delivers a new tire or road vehicle equipped with new tires to a public carrier or shipping service, to be shipped outside Québec, on behalf of a purchaser or lessee not resident in Québec and not carrying on business in Québec;

(3)  to a sale made to or leasing to a person who has entered into an agreement under section 681, if that person is exempt from payment of the amount equal to the specific duty pursuant to the agreement;

(4)  where the collection officer sells or leases a new tire to a motor vehicle manufacturer, within the meaning of the Highway Safety Code (chapter C-24.2); and

(5)  in prescribed cases.

The amount referred to in the first paragraph shall be collected by the collection officer at the time of the sale or signing of the leasing contract, or at any other time determined by the Minister.

The amount equal to the specific duty shall be indicated separately from the sale price or rent on any invoice, writing or other document recording the sale or leasing and in the registers of the collection officer.

Section 541.58 applies to the collection officer, with the necessary modifications.

2000, c. 39, s. 289.

Not in force

541.61. Every collection officer holding a registration certificate shall keep an account of the amounts the collection officer has collected and shall, for each reporting period, where the collection officer is required to file the return provided for in Division IV of Chapter VIII of Title I, render an account to the Minister of the amounts the collection officer has collected or should have collected under section 541.60 during the particular reporting period, as prescribed by the Minister in prescribed form and containing prescribed information and, at the same time, remit to the Minister those amounts.

The collection officer shall render an account even if there has been no sale or leasing of new tires or road vehicles equipped with new tires during the particular reporting period.

The collection officer is not, however, required to render an account to the Minister, unless the Minister so requires, or to remit to the Minister the amount collected in respect of a new tire for which the collection officer has paid the amount provided for in section 541.60 to a collection officer holding a registration certificate.

However, if the amount collected in respect of the new tire exceeds the amount that the collection officer has paid under section 541.60 to a collection officer holding a registration certificate, the difference between the two amounts shall be paid to the Minister in the manner set out in the first paragraph.

2000, c. 39, s. 289.

Not in force

541.62. Every collection officer holding a registration certificate who does not collect the amount provided for in section 541.60, does not pay to the Minister such an amount collected and required to be paid, or pays the amount to a person not holding a registration certificate becomes a debtor to the State for that amount.

Every collection officer not holding a registration certificate in force at the time the collection officer sells, leases, delivers or causes to be delivered new tires or road vehicles equipped with new tires in Québec becomes a debtor to the State for any amount provided for in section 541.60 that the collection officer collected or should have collected had the collection officer held such a certificate.

The amounts referred to in the first and second paragraphs in such case are deemed to be duties within the meaning of the Tax Administration Act (chapter A-6.002).

2000, c. 39, s. 289; 2010, c. 31, s. 175.

Not in force

541.63. No collection officer may, in Québec, sell or lease a new tire or road vehicle equipped with new tires or deliver or have such property delivered to a collection officer or retailer unless that collection officer or retailer holds a registration certificate as provided for in section 541.59.

2000, c. 39, s. 289.

Not in force

541.64. No collection officer or retailer may, in Québec, purchase or lease a new tire or purchase or make a long term lease of a road vehicle equipped with new tires from a person who does not hold a registration certificate issued in accordance with section 541.59.

2000, c. 39, s. 289.

Not in force

541.67. Every person who contravenes section 541.63 or 541.64 is liable to a fine of not less than $2,000 nor more than $25,000.

2000, c. 39, s. 289.

TITLE V REPEALING AND AMENDING PROVISIONS

THE RETAIL SALES TAX ACT

542. (Amendment integrated into c. I-1, ss. 20.9.2.0.1-20.9.2.0.4).

1991, c. 67, s. 542.

543. (Amendment integrated into c. I-1, s. 20.9.2.3).

1991, c. 67, s. 543.

544. (Amendment integrated into c. I-1, ss. 20.9.3, 20.9.4).

1991, c. 67, s. 544.

545. (Amendment integrated into c. I-1, s. 20.9.5).

1991, c. 67, s. 545.

546. (Amendment integrated into c. I-1, s. 49).

1991, c. 67, s. 546.

TOBACCO TAX ACT

547. (Amendment integrated into c. I-2, s. 8).

1991, c. 67, s. 547.

548. (Amendment integrated into c. I-2, s. 11.1).

1991, c. 67, s. 548.

549. (Amendment integrated into c. I-2, s. 17.3).

1991, c. 67, s. 549.

550. (Amendment integrated into c. I-2, s. 17.5).

1991, c. 67, s. 550.

551. (Amendment integrated into c. I-2, s. 18).

1991, c. 67, s. 551.

TAXATION ACT

552. (Omitted).

1991, c. 67, s. 552.

LICENSES ACT

553. (Omitted).

1991, c. 67, s. 553.

554. (Amendment integrated into c. L-3, s. 79.11).

1991, c. 67, s. 554.

555. (Amendment integrated into c. L-3, s. 79.14).

1991, c. 67, s. 555.

556. (Amendment integrated into c. L-3, s. 79.15).

1991, c. 67, s. 556.

ACT RESPECTING THE MINISTÈRE DU REVENU

557. (Amendment integrated into c. M-31, s. 1.0.1).

1991, c. 67, s. 557.

558. (Amendment integrated into c. M-31, s. 11).

1991, c. 67, s. 558.

559. (Amendment integrated into c. M-31, s. 12).

1991, c. 67, s. 559.

560. (Amendment integrated into c. M-31, s. 13).

1991, c. 67, s. 560.

561. (Repealed).

1991, c. 67, s. 561; 1992, c. 1, s. 248.

562. (Amendment integrated into c. M-31, ss. 15-15.8).

1991, c. 67, s. 562.

563. (Amendment integrated into c. M-31, ss. 16.1-16.7).

1991, c. 67, s. 563.

564. (Amendment integrated into c. M-31, s. 17.1).

1991, c. 67, s. 564.

565. (Amendment integrated into c. M-31, s. 20).

1991, c. 67, s. 565.

566. (Amendment integrated into c. M-31, ss. 21, 21.1).

1991, c. 67, s. 566.

567. (Amendment integrated into c. M-31, s. 24).

1991, c. 67, s. 567.

568. (Amendment integrated into c. M-31, s. 24.0.1).

1991, c. 67, s. 568.

569. (Amendment integrated into c. M-31, ss. 25-25.4).

1991, c. 67, s. 569.

570. (Amendment integrated into c. M-31, s. 28).

1991, c. 67, s. 570.

571. (Repealed).

1991, c. 67, s. 571; 1992, c. 1, s. 248.

572. (Amendment integrated into c. M-31, s. 30.1).

1991, c. 67, s. 572.

573. (Amendment integrated into c. M-31, s. 31.1).

1991, c. 67, s. 573.

574. (Amendment integrated into c. M-31, s. 33).

1991, c. 67, s. 574.

575. (Amendment integrated into c. M-31, s. 34).

1991, c. 67, s. 575.

576. (Amendment integrated into c. M-31, s. 35.1).

1991, c. 67, s. 576.

577. (Amendment integrated into c. M-31, s. 36).

1991, c. 67, s. 577.

578. (Amendment integrated into c. M-31, s. 39).

1991, c. 67, s. 578.

579. (Amendment integrated into c. M-31, s. 39.1).

1991, c. 67, s. 579.

580. (Amendment integrated into c. M-31, ss. 46-48).

1991, c. 67, s. 580.

581. (Amendment integrated into c. M-31, s. 52).

1991, c. 67, s. 581.

582. (Amendment integrated into c. M-31, s. 53).

1991, c. 67, s. 582.

583. (Amendment integrated into c. M-31, s. 53.1).

1991, c. 67, s. 583.

584. (Amendment integrated into c. M-31, s. 58.2).

1991, c. 67, s. 584.

585. (Amendment integrated into c. M-31, s. 59).

1991, c. 67, s. 585.

586. (Amendment integrated into c. M-31, s. 59.0.2).

1991, c. 67, s. 586.

587. (Amendment integrated into c. M-31, s. 59.0.3).

1991, c. 67, s. 587.

588. (Amendment integrated into c. M-31, s. 59.2).

1991, c. 67, s. 588.

589. (Amendment integrated into c. M-31, s. 59.3).

1991, c. 67, s. 589.

590. (Amendment integrated into c. M-31, s. 59.5).

1991, c. 67, s. 590.

591. (Amendment integrated into c. M-31, s. 61.1).

1991, c. 67, s. 591.

592. (Repealed).

1991, c. 67, s. 592; 1992, c. 1, s. 248.

593. (Amendment integrated into c. M-31, s. 68).

1991, c. 67, s. 593.

594. (Amendment integrated into c. M-31, s. 68.0.1).

1991, c. 67, s. 594.

595. (Amendment integrated into c. M-31, s. 68.1).

1991, c. 67, s. 595.

596. (Amendment integrated into c. M-31, s. 69).

1991, c. 67, s. 596.

597. (Amendment integrated into c. M-31, s. 70).

1991, c. 67, s. 597.

598. (Amendment integrated into c. M-31, s. 81).

1991, c. 67, s. 598.

599. (Amendment integrated into c. M-31, s. 87).

1991, c. 67, s. 599.

600. (Amendment integrated into c. M-31, ss. 90-92).

1991, c. 67, s. 600.

601. (Amendment integrated into c. M-31, s. 93.2).

1991, c. 67, s. 601.

602. (Omitted).

1991, c. 67, s. 602.

603. (Amendment integrated into c. M-31, s. 94.2).

1991, c. 67, s. 603.

604. (Amendment integrated into c. M-31, s. 95).

1991, c. 67, s. 604.

605. (Amendment integrated into c. M-31, s. 95.1).

1991, c. 67, s. 605.

606. (Amendment integrated into c. M-31, s. 96).

1991, c. 67, s. 606.

607. (Amendment integrated into c. M-31, s. 97).

1991, c. 67, s. 607.

ACT RESPECTING THE QUÉBEC PENSION PLAN

608. (Amendment integrated into c. R-9, s. 63).

1991, c. 67, s. 608.

FUEL TAX ACT

609. (Amendment integrated into c. T-1, s. 2).

1991, c. 67, s. 609.

610. (Amendment integrated into c. T-1, s. 13).

1991, c. 67, s. 610.

611. (Amendment integrated into c. T-1, s. 14).

1991, c. 67, s. 611.

612. (Amendment integrated into c. T-1, s. 15).

1991, c. 67, s. 612.

613. (Amendment integrated into c. T-1, s. 34).

1991, c. 67, s. 613.

614. (Amendment integrated into c. T-1, s. 51.2).

1991, c. 67, s. 614.

615. (Amendment integrated into c. T-1, s. 56).

1991, c. 67, s. 615.

BROADCAST ADVERTISING TAX ACT

616. (Amendment integrated into c. T-2, s. 16).

1991, c. 67, s. 616.

TELECOMMUNICATIONS TAX ACT

617. (Amendment integrated into c. T-4, s. 14).

1991, c. 67, s. 617.

TITLE VI TRANSITIONAL PROVISIONS

CHAPTER I INTERPRETATION

618. The provisions of Title I apply to this Title.

1991, c. 67, s. 618.

CHAPTER II IMMOVABLE

DIVISION I TRANSFER BEFORE 1 JULY 1992

619. No tax is payable in respect of a taxable supply of an immovable by way of sale the ownership or possession of which is transferred before 1 July 1992 under the agreement for the supply.

1991, c. 67, s. 619.

DIVISION II SUPPLY UNDER AN AGREEMENT ENTERED INTO BEFORE 30 AUGUST 1990

620. Where, under an agreement in writing entered into before 30 August 1990 between a supplier and an individual, a taxable supply by way of sale in Québec of a single unit residential complex is made to the individual, ownership and possession of the residential complex are not transferred to the individual under the agreement before 1 July 1992 and possession of the residential complex is transferred to the individual under the agreement at any time after 30 June 1992, the following rules apply:

(1)  no tax is payable by the individual in respect of the supply;

(2)  section 223 does not apply in respect of the residential complex before possession thereof is transferred to the individual;

(3)  where the individual is a builder of the residential complex by reason only of paragraph 4 of the definition of “builder”, the individual is deemed not to be a builder of the residential complex and, for the purpose of determining whether any other person who, after that time, makes a supply of the complex or an interest therein is a builder of the complex, the complex is deemed to have been occupied at that time by an individual as a place of residence;

(4)  for the purposes of Division II of Chapter VI, the residential complex is deemed not to be a specified single unit residential complex; and

(5)  the supplier is not entitled to an input tax refund in respect of the supply of property or services required for completion of the work after 30 June 1992.

1991, c. 67, s. 620; 1994, c. 22, s. 631.

621. Where, under an agreement in writing entered into before 30 August 1990 between a supplier and a person, a taxable supply by way of sale in Québec of a unit held in co-ownership is made to the person, ownership and possession of the unit are not transferred to the person under the agreement before 1 July 1992 and possession of the unit is transferred to the person under the agreement at any time after 30 June 1992, the following rules apply:

(1)  no tax is payable by the person in respect of the supply;

(2)  section 223 does not apply in respect of the unit before possession thereof is transferred to the person;

(3)  where the person is a builder of the unit by reason only of paragraph 4 of the definition of “builder”, the person is deemed not to be a builder of the unit and, for the purpose of determining whether any other person who, after that time, makes a supply of the unit or an interest therein is a builder of the unit, the declaration of co-ownership relating to the residential complex held in co-ownership in which the unit is located is deemed to have been entered in the land register at that time and the unit is deemed to have been occupied at that time by an individual as a place of residence;

(4)  for the purposes of Division II of Chapter VI, the unit is deemed not to be a specified residential complex; and

(5)  the supplier is not entitled to an input tax refund in respect of the supply of property or services required for completion of the work after 30 June 1992.

1991, c. 67, s. 621; 1994, c. 22, s. 632; 1997, c. 3, s. 135.

622. Where, under an agreement in writing entered into before 30 August 1990 between a supplier and a person, a taxable supply by way of sale in Québec of a residential complex held in co-ownership is made to the person, ownership and possession of the complex are not transferred to the person under the agreement before 1 July 1992 and ownership of the complex is transferred to the person under the agreement or a declaration of co-ownership relating to the complex is entered in the land register at any time after 30 June 1992, the following rules apply:

(1)  no tax is payable by the person in respect of the supply;

(2)  section 223 does not apply in respect of a unit held in co-ownership situated in the residential complex before ownership of the complex is transferred to the person;

(3)  where the person is a builder of the residential complex by reason only of paragraph 4 of the definition of “builder”, the person is deemed not to be a builder of the residential complex or a unit held in co-ownership situated in the residential complex and, for the purpose of determining whether any other person who, after that time, makes a supply of the complex, a unit held in co-ownership situated in the residential complex or an interest in the complex or unit is a builder of the complex or of any unit situated in the complex, the declaration of co-ownership relating to the residential complex is deemed to have been entered in the land register at that time and each of the units is deemed to have been occupied at that time by an individual as a place of residence;

(4)  for the purposes of Division II of Chapter VI, a unit held in co-ownership situated in the residential complex is deemed not to be a specified residential complex; and

(5)  the supplier is not entitled to an input tax refund in respect of the supply of property or services required for completion of the work after 30 June 1992.

1991, c. 67, s. 622; 1994, c. 22, s. 633; 1997, c. 3, s. 135.

622.1. For the purposes of section 622.2,

“offering memorandum”, in respect of an offer to sell interests in a partnership that is a limited partnership (in this section and in section 622.2 referred to as the “limited partnership”) to a prospective subscriber, means one or more documents in writing setting out

(1)  all facts concerning the limited partnership and its activities or proposed activities that significantly affect, or could reasonably be expected to have a significant effect on, the value of those interests;

(2)  the price at which those interests are being offered; and

(3)  the date on which ownership of the interests is to be transferred to persons who subscribe to the offering;

“subscription price”, for an interest in a limited partnership, means the consideration payable in respect of the interest as set out in the offering memorandum.

1997, c. 85, s. 714.

622.2. The rules set out in the second paragraph apply where

(1)  an offering memorandum in respect of an offer to sell interests in a limited partnership is issued to prospective subscribers before 30 August 1990;

(2)  at the time the offering memorandum is issued, it is proposed that the limited partnership will exclusively engage in the activities of acquiring land or a beneficial interest therein, constructing a complex held in co-ownership on the land, owning residential units held in co-ownership located in the complex and making a supply of those units by way of lease, licence or similar arrangement for the purpose of their occupancy by individuals as places of residence;

(3)  the offering memorandum does not provide for an increase in the subscription prices of the interests because of a change in the application of taxes and the subscription prices are not increased from 30 August 1990 until the date on which the offer to sell the interests expires;

(4)  a particular interest in the limited partnership is transferred to a subscriber before 1 July 1992 in accordance with the offering memorandum;

(5)  the limited partnership, whether or not in concert with another person, acquires land or a beneficial interest therein before 1 July 1992 and engages a person to construct a complex held in co-ownership on that land under agreements in writing entered into before 30 August 1990 or under agreements in writing entered into after 29 August 1990 that substantially conform with terms and conditions relating to those agreements as set out in the offering memorandum;

(6)  the particular interest in the limited partnership relates to a residential unit held in co-ownership that is owned by the limited partnership and is located in the complex held in co-ownership; and

(7)  possession of the particular residential unit held in co-ownership is transferred after 30 June 1992 to a person under a lease, licence or similar arrangement for the purpose of its occupancy by an individual as a place of residence.

The rules to which the first paragraph refers are as follows:

(1)  the amount of tax that is payable and collectible by the limited partnership and the amount of tax deemed to have been paid and collected by the limited partnership under subparagraph 2 of the first paragraph of section 223, in respect of the supply of the particular residential unit held in co-ownership that is deemed to have been made under subparagraph 1 of the first paragraph of section 223, are deemed to be nil;

(2)  for the purposes of Division II of Chapter VI, a residential unit held in co-ownership located in the residential complex is deemed not to be a particular residential complex; and

(3)  the limited partnership is not entitled to an input tax refund in respect of the supply of property or services required for completion of the work after 30 June 1992.

1997, c. 85, s. 714.

DIVISION III SUPPLY UNDER A CONTRACT RELATING TO AN IMMOVABLE OR A SHIP

623. Where a taxable supply is made under a contract to construct, renovate, alter or repair an immovable or a ship or other marine vessel, the following rules apply:

(1)  any consideration for the supply that became due or was paid without becoming due after 31 August 1990 and before 1 July 1992 as a progress payment required under the contract is deemed, for the purposes of Title I and of this Title, to have become due on 1 July 1992 and not to have been paid before 1 July 1992;

(2)  no tax is payable in respect of any part of the consideration for the supply that may reasonably be attributed to property delivered and services performed under the contract before 1 July 1992; and

(3)  where paragraph 3 of section 86 applies in respect of the supply, tax is payable in respect thereof and the construction, renovation, alteration or repair is substantially completed before 1 June 1992, the construction, renovation, alteration or repair is deemed, for the purposes of Title I and of this Title, to have been substantially completed on 1 June 1992 and not before that day.

1991, c. 67, s. 623.

CHAPTER III MOVABLE PROPERTY

DIVISION I SUPPLY BY WAY OF SALE

624. Where a supply by way of sale of movable property is made under an agreement entered into before 1 July 1992, no tax under Title I is payable in respect of the supply to the extent that tax payable under Chapter II of the Retail Sales Tax Act (chapter I-1) applies in respect of the sale of the property.

1991, c. 67, s. 624.

DIVISION II SUPPLY BY WAY OF LEASE, LICENCE OR SIMILAR ARRANGEMENT

625. Where a taxable supply of movable property in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) applies is made in Québec by way of lease, licence or similar arrangement under an agreement entered into before 1 July 1992, any payment of consideration for the supply that became due before 1 July 1992 or that was paid before 1 July 1992 without becoming due, to the extent that the payment is rent, royalty or a similar payment attributable to a period after 30 June 1992, is deemed to have become due on 1 July 1992 and not to have been paid before 1 July 1992.

In addition, where tax under Chapter II of the Retail Sales Tax Act was paid and relates to consideration that is rent, royalty or a similar payment attributable to a period after 30 June 1992, the tax is deemed to have been paid and remitted on 1 July 1992 under this Act.

1991, c. 67, s. 625.

626. Where a taxable supply of movable property in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) applies is made in Québec by way of lease, licence or similar arrangement under an agreement entered into before 1 July 1992, no tax under Title I is payable in respect of the consideration for the supply to the extent that the consideration is rent, royalty or a similar payment attributable to a period before 1 July 1992.

1991, c. 67, s. 626.

627. Where a taxable supply of property in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply is made in Québec by way of lease, licence or similar arrangement under an agreement entered into before 1 July 1992, any payment of consideration for the supply that became due after 30 April 1992 and before 1 July 1992 or that was made after 30 April 1992 and before 1 July 1992 without becoming due, to the extent that the payment is rent, royalty or a similar payment attributable to a period after 30 June 1992, is deemed to have become due on 1 July 1992 and not to have been paid before 1 July 1992.

Where the supplier is a registrant, tax is payable in respect of the amount of consideration so deemed to have become due.

1991, c. 67, s. 627.

628. Where a taxable supply of incorporeal movable property by way of licence or similar arrangement is made in Québec to a person other than a consumer by a supplier in the ordinary course of a business, to the extent that any consideration for the supply that became due after 31 August 1990 and before 1 May 1992 or that was paid after 31 August 1990 and before 1 May 1992 without becoming due is royalty or a similar payment attributable to a period after 30 June 1992, tax is payable in respect of that consideration.

The person shall file with and as prescribed by the Minister a return in prescribed form containing prescribed information and remit the tax in respect of that consideration to the Minister on or before 1 October 1992.

This section does not apply in respect of a supply of property to be used in Québec exclusively in commercial activities of the person and in respect of which the person would be entitled to claim an input tax refund if the person had paid tax under the first paragraph in respect of the property.

1991, c. 67, s. 628; 1993, c. 19, s. 246.

629. Where a taxable supply of property in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply is made in Québec by way of lease, licence or similar arrangement under an agreement entered into before 1 July 1992, no tax is payable in respect of the consideration for the supply that became due before 1 November 1992 or that was paid before 1 November 1992 without becoming due, to the extent that the consideration is rent, royalty or a similar payment attributable to a period before 1 July 1992.

1991, c. 67, s. 629.

630. Sections 627 to 629 do not apply in respect of payments of consideration for the use of, or the right to use, incorporeal movable property where the amount of the consideration is not dependent on the amount of the use of or production from, or the profit from the use of or production from, the property.

1991, c. 67, s. 630.

631. Where, under an agreement in writing entered into before 30 August 1990, a supply is made by way of lease of corporeal movable property that is capital property of the supplier, or by way of sub-lease of corporeal movable property that is capital property of the person who supplied the property by way of lease to the sub-lessor, and in respect of which the tax provided for in Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply, no tax is payable in respect of any consideration for the supply.

For the purposes of the first paragraph, where an agreement in writing is renewed after 29 August 1990, or is varied or altered after 29 August 1990 to vary or alter the term of the agreement or the property affected by the agreement, the agreement is deemed to have been entered into after that date.

1991, c. 67, s. 631; 1995, c. 1, s. 343; 1995, c. 63, s. 506.

DIVISION III SUPPLY OF A SUBSCRIPTION TO A MAGAZINE

632. No tax is payable in respect of any consideration for a taxable supply of a subscription to a magazine that is paid before 1 July 1992.

1991, c. 67, s. 632.

DIVISION IV RETURN AND EXCHANGE OF MOVABLE PROPERTY

633. Where a person purchased movable property before 1 July 1992 and, at that time, paid tax under Chapter II of the Retail Sales Tax Act (chapter I-1) at the rate of 8% and, after 30 June 1992 and before 1 August 1992, returned the property to the vendor to exchange it for other movable property, the following rules apply:

(1)  where the consideration for the other property is equal to the sale price of the returned property, notwithstanding section 20.9.2 of the Retail Sales Tax Act, the person may not apply for a refund of the tax paid upon purchasing the returned property and tax under section 16 does not apply in respect of the supply of the other property; and

(2)  where the vendor refunds the purchaser for part of the sale price of the returned property, tax under section 16 does not apply in respect of the supply of the other property.

1991, c. 67, s. 633.

634. Where a person purchased movable property before 1 July 1992 and tax under Chapter II of the Retail Sales Tax Act (chapter I-1) did not apply at the time of the purchase and, after 30 June 1992 and before 1 August 1992, the person returned the property to exchange it for other movable property, tax under section 16 does not apply in respect of the purchase of the other property if the exchange is invoiced or paid for before 1 November 1992.

1991, c. 67, s. 634.

635. Where, before 1 July 1992, a person purchased movable property and, after 30 June 1992 and before 1 August 1992, the person returned the property to the vendor to exchange it for other movable property, and the consideration for the other property exceeds the sale price of the returned property, the person shall pay tax under section 16 but only on the excess amount and, notwithstanding section 20.9.2 of the Retail Sales Tax Act (chapter I-1), the person is not entitled to a refund of the tax paid upon purchasing the returned property, if any.

1991, c. 67, s. 635.

635.1. Where a person received before 13 May 1994 a taxable supply of movable property in respect of which the person paid tax under section 16 at the rate of 8% or 4%, as the case may be, the person returns the property to the supplier after 12 May 1994 to exchange it for other movable property and the consideration for the supply of the other property is equal to the consideration for the supply of the returned property, the following rules apply:

(1)  the person is not entitled to a refund of the tax paid in respect of the supply of the returned property; and

(2)  tax under section 16 does not apply in respect of the supply of the other property.

1995, c. 1, s. 344.

635.2. Where a person received before 13 May 1994 a taxable supply of movable property in respect of which the person paid tax under section 16 at the rate of 8% or 4%, as the case may be, the person returns the property to the supplier after 12 May 1994 to exchange it for other movable property and the supplier refunds or credits to the person a part of the consideration for the supply of the returned property, the following rules apply:

(1)  the person is entitled to obtain from the supplier a refund of the tax paid in respect of the part of the consideration for the supply of the returned property so refunded or credited and the supplier shall refund the tax to the person; and

(2)  tax under section 16 does not apply in respect of the supply of the other property.

1995, c. 1, s. 344.

635.3. Where a person received before 13 May 1994 a taxable supply of movable property in respect of which the person paid tax under section 16 at the rate of 8% or 4%, as the case may be, the person returns the property to the supplier after 12 May 1994 to exchange it for other movable property and the consideration for the supply of the other property exceeds the consideration for the supply of the returned property, the following rules apply:

(1)  the person is not entitled to a refund of the tax paid in respect of the supply of the returned property; and

(2)  the person shall pay tax under section 16 but only on that part of the consideration for the supply of the other property which exceeds the consideration for the supply of the returned property.

1995, c. 1, s. 344.

635.4. Where a person received before 13 May 1994 a taxable supply of movable property in respect of which the person paid tax under section 16 at the rate of 8% or 4%, as the case may be, the person returns the property to the supplier after 12 May 1994 without exchanging it for other movable property and the supplier refunds or credits to the person the consideration for the supply of the returned property, or a part thereof, the person is entitled to obtain from the supplier a refund of the tax paid in respect of the consideration or the part thereof so refunded or credited and the supplier shall refund the tax to the person.

This section does not apply in respect of a supply of movable property in respect of which tax under section 16 was paid at the rate of 8% where it may reasonably be regarded that the purpose sought by the person having received the supply and the supplier having made it is to allow the person to receive a new supply, similar to the initial supply, in respect of which tax under section 16 is payable at the rate of 6.5%.

1995, c. 1, s. 344.

635.5. Where a supplier refunds all or part of the tax paid by a person in respect of a supply (in this section referred to as the “amount of tax”) to that person under section 635.2 or 635.4, the following rules apply:

(1)  the amount of tax may be deducted in determining the net tax of the supplier for the reporting period of the supplier in which the refund is made, to the extent that the amount of tax has been included in determining the net tax of the supplier for the period or a preceding reporting period of the supplier; and

(2)  the amount of tax shall be added in determining the net tax of the person for the reporting period of the person in which the refund is made, to the extent that the amount of tax has been included in determining the input tax refund of the person claimed in the return filed for the period or a preceding reporting period of the person.

1995, c. 1, s. 344.

635.6. Where a person received before 1 August 1995 a non-taxable supply of movable property, the person returns the property to the supplier after 31 July 1995 to exchange it for other movable property and the consideration for the supply of the other property is equal to or less than the consideration for the supply of the returned property, no tax is payable under section 16 in respect of the supply of the other property.

1995, c. 63, s. 507.

635.7. Where a person received before 1 August 1995 a non-taxable supply of movable property, the person returns the property to the supplier after 31 July 1995 to exchange it for other movable property and the consideration for the supply of the other property exceeds the consideration for the supply of the returned property, the person shall pay tax under section 16 only on the portion of the consideration for the supply of the other property that exceeds the consideration for the supply of the returned property.

1995, c. 63, s. 507.

635.8. Where a person received before 1 January 1998 a taxable supply of movable property in respect of which the person paid tax under section 16 at the rate of 6.5%, the person returns the property to the supplier after 31 December 1997 to exchange it for other movable property and the consideration for the supply of the other property is equal to the consideration for the supply of the returned property, the following rules apply:

(1)  the person is not entitled to a refund of the tax paid in respect of the supply of the returned property; and

(2)  tax under section 16 does not apply in respect of the supply of the other property.

1997, c. 85, s. 715.

635.9. Where a person received before 1 January 1998 a taxable supply of movable property in respect of which the person paid tax under section 16 at the rate of 6.5%, the person returns the property to the supplier after 31 December 1997 to exchange it for other movable property and the consideration for the supply of the other property exceeds the consideration for the supply of the returned property, the following rules apply:

(1)  the person is not entitled to a refund of the tax paid in respect of the supply of the returned property; and

(2)  the person shall pay tax under section 16 but only on that part of the consideration for the supply of the other property which exceeds the consideration for the supply of the returned property.

1997, c. 85, s. 715.

DIVISION V ADVANCE COLLECTION IN RESPECT OF ALCOHOLIC BEVERAGES

636. Any amount equal to the specific tax, collected under Chapter II.1 of the Retail Sales Tax Act (chapter I-1) in respect of the sale of an alcoholic beverage after 30 June 1992, is deemed to be an amount equal to the specific tax, collected under Chapter V of Title II.

1991, c. 67, s. 636.

CHAPTER IV SERVICE

DIVISION I GENERAL RULES

637. No tax is payable in respect of the consideration for the supply of a service in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply, that was paid or became due before 1 November 1992, if all or substantially all of the service was performed before 1 July 1992.

1991, c. 67, s. 637.

638. No tax is payable in respect of the consideration that was paid or became due before 1 November 1992 for the supply of a service in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply if all or substantially all of the service was not performed before 1 July 1992, to the extent that the consideration relates to any part of the service that was performed before 1 July 1992.

1991, c. 67, s. 638.

639. Subject to section 647, consideration for the taxable supply of a service, other than a transportation service, in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply is deemed to have become due on 1 July 1992 and not to have been paid before 1 July 1992 if the consideration is paid after 30 April 1992 but before 1 July 1992 without having become due or becomes due after 30 April 1992 but before 1 July 1992.

1991, c. 67, s. 639; 1994, c. 22, s. 634.

640. Subject to sections 637 and 647, where a taxable supply of a service, other than a transportation service, in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply is made in Québec to a person other than a consumer by a supplier in the ordinary course of a business, to the extent that any consideration became due or was paid without having become due after 31 August 1990 and before 1 May 1992 for any of the service that was not performed before 1 July 1992, tax is payable in respect of that consideration.

The person shall file with and as prescribed by the Minister a return in prescribed form containing prescribed information and remit the tax in respect of that consideration to the Minister on or before 1 October 1992.

This section does not apply in respect of a supply of a service to be used in Québec exclusively in commercial activities of the person and in respect of which the person would be entitled to claim an input tax refund if the person had paid tax under the first paragraph in respect of the service.

1991, c. 67, s. 640; 1993, c. 19, s. 247; 1994, c. 22, s. 635; 1995, c. 63, s. 508.

641. For the purposes of this Title, a supply of a membership in a club, an organization or an association and a supply of an admission in respect of a place of amusement, a seminar, an activity or an event are deemed to be supplies of a service.

However, a supply of a right to acquire a membership in a club, an organization or an association is deemed to be a supply of property.

1991, c. 67, s. 641.

642. Notwithstanding sections 637 to 639, where a supply of a membership is made, to the extent that the total of all amounts that were paid after 30 April 1992 and before 1 July 1992 as or on account of consideration for the supply exceeds 25% of the total consideration for the supply, the consideration is deemed to have become due on 1 July 1992 and not to have been paid before 1 July 1992.

The supply of a membership referred to in the first paragraph is a supply made to an individual for the lifetime of the individual or to a person other than an individual for the lifetime of an individual designated by the person.

1991, c. 67, s. 642.

643. Sections 637 to 639 and 641 do not apply to any supply in respect of which sections 651 to 654 apply.

1991, c. 67, s. 643.

643.1. No tax is payable in respect of the consideration for a supply of a legal service to the extent that the consideration relates to any part of the service that was performed before 1 July 1992 and, under the agreement for the supply, does not become due

(1)  until allowed, directed or ordered by a court; or

(2)  until the completion or termination of the service provided by the supplier.

1994, c. 22, s. 636.

643.2. No tax is payable in respect of the consideration for a supply of a service of a personal representative in respect of the administration of a succession, or a service of a trustee, receiver or liquidator, to the extent that the consideration relates to any part of the service that was performed before 1 July 1992 and does not become due

(1)  in the case of the service of a personal representative, until it is approved by all beneficiaries of the succession or in accordance with the terms of the trust binding the personal representative;

(2)  in the case of the service of a trustee, until a date determined under the terms of the trust or an agreement in writing for the supply; or

(3)  in any case, until it is allowed, directed or ordered by a court.

1994, c. 22, s. 636.

643.3. For the purposes of sections 643.1 and 643.2, where substantially all of a service is performed before 1 July 1992, all of the service is deemed to have been performed before 1 July 1992.

1994, c. 22, s. 636.

DIVISION II ADVERTISEMENT

644. No tax under Title I is payable in respect of any consideration for the supply of an advertisement broadcast before 1 July 1992 in respect of which tax under the Broadcast Advertising Tax Act (chapter T-2) applies.

1991, c. 67, s. 644.

DIVISION III TELECOMMUNICATION SERVICE

645. No tax under Title I is payable in respect of consideration for the supply of a telecommunication service in respect of which tax under the Telecommunications Tax Act (chapter T-4) applies, sent or received before 1 July 1992, and no tax is payable in respect of the supply of such a telecommunication service to the extent that the consideration is rent attributable to a period before 1 July 1992.

1991, c. 67, s. 645.

CHAPTER V PROPERTY AND SERVICE

DIVISION I CONTINUOUS SUPPLY

646. Sections 647 to 650 and 654 apply only in respect of a supply of property or a service delivered, performed or made available, as the case may be, on a continuous basis by means of a wire, pipeline or other conduit.

1991, c. 67, s. 646.

647. No tax is payable in respect of a supply of property or a service in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply that is delivered, performed or made available, as the case may be, to the recipient before 1 July 1992, to the extent that consideration is paid or becomes due before 1 November 1992.

1991, c. 67, s. 647.

648. Tax is payable in respect of any consideration for a taxable supply in Québec of property or a service in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) does not apply, that becomes due after 31 October 1992 or that is paid after 31 October 1992 without becoming due, at a time when the supplier is a registrant, regardless of when the property or service is delivered, performed or made available, as the case may be.

1991, c. 67, s. 648.

649. Any consideration for the taxable supply in Québec of property or a service in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) would apply were it not for section 546, that becomes due before 1 July 1992 or that is paid before that date without becoming due, is deemed to become due on 1 July 1992, to the extent that the property or service is delivered, performed or made available to the recipient, as the case may be, after 30 June 1992.

1991, c. 67, s. 649.

650. No tax under Title I is payable in respect of a supply of property or a service in respect of which tax under Chapter II of the Retail Sales Tax Act (chapter I-1) applies, that is delivered, performed or made available to the recipient, as the case may be, before 1 July 1992.

1991, c. 67, s. 650.

DIVISION II BUDGET PAYMENT ARRANGEMENT

651. Where a supply of property or a service, other than a subscription to a magazine, is made and consideration for the supply of the property or service delivered, performed or made available during any period beginning before 1 July 1992 and ending after 30 June 1992 is paid by the recipient under a budget payment arrangement with a reconciliation of the payments to take place at or after the end of the period and before 1 July 1993, at the time the supplier issues an invoice for the reconciliation of the payments, the supplier shall determine the positive or negative amount determined by the formula

A − B.

For the purposes of this formula,

(1)  A is the tax that would be payable by the recipient for the part of the property or service supplied during the period that is delivered, performed or made available, as the case may be, after 30 June 1992, if consideration therefor had become due and been paid after 30 June 1992; and

(2)  B is the total tax payable by the recipient in respect of the supply of the property or service delivered, performed or made available, as the case may be, during the period.

1991, c. 67, s. 651.

652. Where the amount determined under section 651 in respect of a supply of property or a service is a positive amount and the supplier is a registrant, the supplier shall collect, and is deemed to have collected on the day the invoice for the reconciliation of payments is issued, that amount from the recipient as tax.

1991, c. 67, s. 652.

653. Where the amount determined under section 651 in respect of a supply of property or a service is a negative amount and the supplier is a registrant, the supplier shall refund or credit that amount to the recipient and issue a credit note for that amount in accordance with section 449.

1991, c. 67, s. 653.

DIVISION III RULES APPLICABLE TO DIVISIONS I AND II

654. For the purposes of Divisions I and II, where a supply of property or a service, during any period for which the supplier issues an invoice for the supply, is made and, by reason of the method of recording the delivery of the property or the provision of the service, the time at which the property or a part thereof is delivered or the time at which the service or a part thereof is provided cannot reasonably be determined, an equal part of the whole of the property delivered or of the whole of the service provided in the period is deemed to have been delivered or provided, as the case may be, on each day of the period.

1991, c. 67, s. 654.

655. Sections 640, 647 and 648 do not apply to a supply in respect of which Division II applies.

1991, c. 67, s. 655.

DIVISION IV SUPPLY OF FUNERAL SERVICES AND SEPULTURES

656. No tax under Title I is payable by a person to whom a supply of property or a service is made under a prearranged funeral services contract or a prepurchased sepulture contract entered into before 1 May 1992.

For the purposes of the first paragraph, the expressions “prearranged funeral services contract” and “prepurchased sepulture contract” have the meaning assigned by the Act respecting prearranged funeral services and sepultures (chapter A-23.001).

1991, c. 67, s. 656.

CHAPTER VI REBATE

DIVISION I SALES TAX REBATE IN RESPECT OF PROPERTY IN INVENTORY

657. For the purposes of section 658,

“inventory” of a person as of any time means specified property of the person that is described in the person’s inventory in Québec at that time and that is building materials held at that time for use by the person in a business of constructing, renovating or improving buildings or structures carried on by the person, but not including

(1)  any such property that before that time has been incorporated into new construction or a renovation or improvement or has otherwise been delivered to a construction, renovation or improvement job site;

(2)  capital properties of the person;

(3)  property held by the person for use in the construction, renovation or improvement of property that is or is to be capital property of the person; or

(4)  property that is included in the description of any other person’s inventory at that time;

“specified property” means property in respect of which a person has paid tax under Chapter II of the Retail Sales Tax Act (chapter I-1), called “sales tax” in section 658.

1991, c. 67, s. 657.

658. Subject to section 661, where as of 1 July 1992, a person is registered under Division I of Chapter VIII of Title I and, at the beginning of that day, has any specified property in inventory, the person is entitled to a rebate of the sales tax paid by him in respect of that property.

1991, c. 67, s. 658.

659. Where the inventory of a person who, as of 1 July 1992, is registered under Division I of Chapter VIII of Title I includes, at the beginning of that day, used movable property acquired for the purpose of supply by way of sale or lease in commercial activities of the person, the used movable property is deemed, for the purposes of sections 213 to 219, to be used corporeal movable property supplied by way of sale in Québec on 1 July 1992 to the person, in respect of which tax was not payable by the person, and to have been acquired for the purpose of supply in commercial activities of the person for consideration, paid on 1 July 1992, equal to 50% of the amount at which the property would be required to be valued on that day for the purpose of computing the person’s income from a business for the purposes of the Taxation Act (chapter I-3).

The used movable property referred to in the first paragraph does not include

(1)  capital properties of the person;

(1.1)  road vehicles of the person;

(2)  property that is included in the description of any other person’s inventory as of 1 July 1992;

(3)  property for which a rebate under section 658 may be applied for; or

(4)  property which, before 1 July 1992, has been incorporated into new construction or a renovation or improvement or has otherwise been delivered to a construction, renovation or improvement job site.

1991, c. 67, s. 659; 1993, c. 19, s. 248.

660. For the purposes of sections 658 and 659, the inventory of a person shall be determined as of the beginning of 1 July 1992, and may be determined

(1)  on 1 July 1992;

(2)  where the business of the person is not open for active business on 1 July 1992, on the first day after 1 July 1992, or the last day before 1 July 1992, on which the business is open for active business; or

(3)  on a day before or after 1 July 1992 where the Minister is satisfied that the inventory system of the person is adequate to permit a reasonable determination of the person’s inventory as of 1 July 1992.

1991, c. 67, s. 660.

661. No person is entitled to a rebate under section 658 unless he files with and as prescribed by the Minister an application for a rebate in prescribed form containing prescribed information, before 1 July 1993.

1991, c. 67, s. 661.

662. Notwithstanding section 30 of the Act respecting the Ministère du Revenu (chapter M-31), where a rebate is paid to a person under section 658, interest shall be paid to the person for the period beginning on the day that is the later of

(1)  1 September 1992, and

(2)  the day that is thirty-one days after the day the application is received by the Minister,

and ending on the day the rebate is paid.

1991, c. 67, s. 662.

DIVISION II SALES TAX REBATE IN RESPECT OF A RESIDENTIAL COMPLEX

663. For the purposes of this division,

“estimated tax” for a residential complex means the prescribed amount, specified in prescribed manner, in respect of the complex;

“specified residential complex” means

(1)  a multiple unit residential complex containing more than two residential units where the construction or substantial renovation of the complex began before 1 July 1992 and section 225 did not apply and, notwithstanding sections 228 and 229, would not have applied, after the construction or substantial renovation began and before 1 July 1992 to deem a supply of the unit to have been made; or

(2)  a unit held in co-ownership where the construction or substantial renovation of the complex held in co-ownership in which the unit is situated began before 1 July 1992 and where sections 223 and 224 had not applied, after the construction or substantial renovation began and before 1 July 1992, to deem a supply of the unit to have been made;

“specified single unit residential complex” means a residential complex, other than a floating home or a mobile home,

(1)  that is a single unit residential complex or a multiple unit residential complex containing not more than two residential units;

(2)  the construction or substantial renovation of which began before 1 July 1992; and

(3)  that was not occupied by any individual as a place of residence or lodging after the construction or substantial renovation began and before 1 July 1992.

1991, c. 67, s. 663; 1994, c. 22, s. 637; 1995, c. 1, s. 345.

664. Subject to sections 669 and 669.1, the builder of a specified single unit residential complex is entitled to a rebate determined under section 666 where

(1)  the builder gives possession of the residential complex to a person under lease, licence or similar arrangement and is thereby deemed under section 223 or 225 to have made a taxable supply of the residential complex;

(2)  tax under section 16 is payable in respect of the supply;

(3)  the person takes possession of the residential complex for the first time after 30 June 1992 and before 1 January 1996; and

(4)  the construction or substantial renovation of the residential complex is substantially completed before 1 January 1993.

1991, c. 67, s. 664; 1993, c. 19, s. 249; 1994, c. 22, s. 638.

665. Subject to sections 669 and 669.1, where the builder of a specified single unit residential complex makes a taxable supply of the residential complex by way of sale to an individual, the individual or the builder, by reason of section 683, is entitled to a rebate determined under section 666 where

(1)  tax under section 16 is payable in respect of the supply;

(2)  the individual takes possession of the residential complex for the first time after 30 June 1992 and before 1 January 1996; and

(3)  the construction or substantial renovation of the residential complex is substantially completed before 1 January 1993.

For the purposes of the first paragraph, the rebate may be granted to the builder only at the time of the transfer of possession of the residential complex.

1991, c. 67, s. 665; 1993, c. 19, s. 250; 1994, c. 22, s. 638.

666. The rebate to which a person is entitled in respect of a specified single unit residential complex under sections 664 and 665 is equal to

(1)  where the construction or substantial renovation of the complex is at least 25% but not more than 50% completed on 1 July 1992 and possession is transferred before 1 October 1992, 50% of the estimated tax for the complex;

(2)  where the construction or substantial renovation of the complex is more than 50% completed on 1 July 1992 and

(a)  possession is transferred before 1 October 1992, 66 2/3% of the estimated tax for the complex, or

(b)  possession is transferred before 1 January 1993, 33 1/3% of the estimated tax for the complex; and

(3)  where the construction or substantial renovation of the complex is substantially completed on 1 July 1992 and possession is transferred after 1992 but before 1 January 1996, 33 1/3% of the estimated tax for the complex.

1991, c. 67, s. 666; 1993, c. 19, s. 251; 1994, c. 22, s. 638.

667. Subject to sections 669 and 669.1, where, immediately before 1 July 1992, the builder of a specified residential complex owned or had possession of the complex and had not transferred ownership or possession under an agreement of purchase and sale to any person who is not a builder of the complex, the builder is entitled to a rebate determined under section 668.

The first paragraph does not apply to any builder of a specified residential complex to whom, by reason of section 227 or 228, sections 223 to 226 do not apply.

1991, c. 67, s. 667; 1994, c. 22, s. 638.

668. The rebate to which the builder of a specified residential complex is entitled under section 667 is equal to

(1)  where the complex is a multiple unit residential complex,

(a)  50% of the estimated tax for the complex, where the construction or substantial renovation of the complex was, on 1 July 1992, more than 25% completed and not more than 50% completed, or

(b)  75% of the estimated tax for the complex, where the construction or substantial renovation of the complex was, on 1 July 1992, more than 50% completed; and

(2)  where the complex is a unit held in co-ownership in a complex held in co-ownership,

(a)  50% of the estimated tax for the unit, where the construction or substantial renovation of the complex held in co-ownership in which the unit is situated was, on 1 July 1992, more than 25% completed and not more than 50% completed, or

(b)  75% of the estimated tax for the unit, where the construction or substantial renovation of the complex held in co-ownership in which the unit is situated was, on 1 July 1992, more than 50% completed.

1991, c. 67, s. 668; 1994, c. 22, s. 638.

669. No person is entitled to a rebate under this division in respect of a residential complex unless the person files with and as prescribed by the Minister an application for a rebate in prescribed form containing prescribed information, before 1 July 1996, and unless no rebate under this division in respect of the complex was paid to any other person entitled thereto.

1991, c. 67, s. 669; 1994, c. 22, s. 638.

669.1. Where the estimated tax for a residential complex is an amount based on the consideration, or a portion of the consideration, for a supply of the complex, a rebate in respect of the complex shall not be paid under this division to a person unless the person has applied for the rebate after tax under section 16 became payable in respect of that supply.

1994, c. 22, s. 639.

670. For the purposes of this division, sections 223 to 231.1 are deemed to be in force before 1 July 1992.

1991, c. 67, s. 670; 1994, c. 22, s. 640.

DIVISION III REBATE IN RESPECT OF CERTAIN SUPPLIES

§ 1 . — Measures applicable from 25 October 1991 to 1 April 1992

1993, c. 19, s. 252; 1995, c. 1, s. 346.

671. The recipient of a supply described in section 673 is entitled to obtain from the supplier a rebate of the amount paid by him as tax in respect of such supply.

This section has effect from 25 October 1991 to 1 April 1992.

1991, c. 67, s. 671.

672. Where a person has made a supply referred to in section 671, he shall rebate to the recipient the amount paid by the recipient as tax in respect of the supply and keep evidence thereof. Following such rebate and to the extent that the amount has been remitted to the Minister, the person may

(1)  deduct the amount from the amount to be remitted by the person to the Minister for the month under the Retail Sales Tax Act (chapter I-1), the Broadcast Advertising Tax Act (chapter T-2) or the Telecommunications Tax Act (chapter T-4);

(2)  where subparagraph 1 may not be applied, claim a refund of the amount from the Minister.

Where the supplier fails to rebate the amount to the recipient on or before 1 April 1992, the supplier shall, on or before 15 April 1992, make a report to the Minister and remit to him the amounts collected but not rebated.

This section has effect from 25 October 1991.

1991, c. 67, s. 672.

673. A supply to which this subdivision applies is a supply which meets the following conditions:

(1)  tax under the Retail Sales Tax Act (chapter I-1), the Broadcast Advertising Tax Act (chapter T-2) or the Telecommunications Tax Act (chapter T-4) does not apply to the property or service supplied;

(2)  no tax is or will be payable in respect of the supply by reason of sections 623, 625, 628, 640, 648, 649, 652 and 685.

This section has effect from 25 October 1991.

1991, c. 67, s. 673; 1993, c. 19, s. 253.

674. For the purposes of sections 20, 24 to 26 and 27.1 of the Act respecting the Ministère du Revenu (chapter M-31), an amount collected as tax in respect of a supply referred to in section 671 is deemed to have been collected under a fiscal law. Similarly, for the purposes of sections 21 and 21.1 of the said Act in respect of a person who has made a supply referred to in section 671, such an amount is deemed to have been collected under a fiscal law.

This section has effect from 25 October 1991.

1991, c. 67, s. 674.

§ 2 . — Measures applicable from 15 May 1992 to 1 September 1992

1993, c. 19, s. 254; 1995, c. 1, s. 347.

674.1. The recipient of a supply described in section 674.3 is entitled to obtain from the supplier a rebate of the amount paid by him which exceeds the amount he should have paid as tax in respect of such supply.

This section has effect from 15 May 1992 to 1 September 1992.

1993, c. 19, s. 254.

674.2. Where a person has made a supply referred to in section 674.1, he shall rebate to the recipient the amount paid by the recipient which exceeds the amount the recipient should have paid as tax in respect of the supply and keep evidence thereof. Following such rebate and to the extent that the amount has been remitted to the Minister, the person may

(1)  deduct the amount from the amount to be remitted by the person to the Minister for the month under the Retail Sales Tax Act (chapter I-1), the Broadcast Advertising Tax Act (chapter T-2), the Telecommunications Tax Act (chapter T-4) or this Act;

(2)  where subparagraph 1 may not be applied, claim a refund of the amount from the Minister.

Where the supplier fails to rebate the amount to the recipient on or before 1 September 1992, the supplier shall, on or before 30 September 1992, make a report to the Minister and remit to him the amounts collected but not rebated.

This section has effect from 15 May 1992.

1993, c. 19, s. 254.

674.3. A supply to which this subdivision applies is a supply which meets the following conditions:

(1)  tax under the Retail Sales Tax Act (chapter I-1), the Broadcast Advertising Tax Act (chapter T-2) or the Telecommunications Tax Act (chapter T-4) does not apply to the property or service supplied;

(2)  tax at the rate of 4% is or will be payable in respect of the supply by reason of section 623, 627, 628, 639, 640, 652 or 685.

This section has effect from 15 May 1992.

1993, c. 19, s. 254.

674.4. For the purposes of sections 20, 24 to 26 and 27.1 of the Act respecting the Ministère du Revenu (chapter M-31), an amount collected as tax in respect of a supply referred to in section 674.1 is deemed to have been collected under a fiscal law. Similarly, for the purposes of sections 21 and 21.1 of the said Act in respect of a person who has made a supply referred to in section 674.1, such an amount is deemed to have been collected under a fiscal law.

This section has effect from 15 May 1992.

1993, c. 19, s. 254.

§ 3 . — Measures applicable from 13 May 1994

1995, c. 1, s. 348.

674.4.1. Where a person received before 13 May 1994 a taxable supply of a service in respect of which the person paid tax under section 16 at the rate of 8% or 4%, as the case may be, the supplier refunds or credits to the person after 12 May 1994 the consideration for the supply of the service, or a part thereof, the person is entitled to obtain from the supplier a refund of the tax paid in respect of the consideration or the part thereof so refunded or credited and the supplier shall refund the tax to the person.

This section does not apply in respect of a supply of a service in respect of which tax under section 16 was paid at the rate of 8% where it may reasonably be regarded that the purpose sought by the person having received the supply and the supplier having made it is to allow the person to receive a new supply, similar to the initial supply, in respect of which tax under section 16 is payable at the rate of 6.5%.

1995, c. 1, s. 348.

674.4.2. Where a supplier refunds all or part of the tax paid by a person in respect of a supply (in this section referred to as the “amount of tax”) to that person under section 674.4.1, the following rules apply:

(1)  the amount of tax may be deducted in determining the net tax of the supplier for the reporting period of the supplier in which the refund is made, to the extent that the amount of tax has been included in determining the net tax of the supplier for the period or a preceding reporting period of the supplier; and

(2)  the amount of tax shall be added in determining the net tax of the person for the reporting period of the person in which the refund is made, to the extent that the amount of tax has been included in determining the input tax refund of the person claimed in the return filed for the period or a preceding reporting period of the person.

1995, c. 1, s. 348.

DIVISION IV REBATE FOLLOWING THE REDUCTION OF A CONSIDERATION

1994, c. 22, s. 641.

674.5. Where a person remits tax under section 628 or 640 calculated on the consideration or a part thereof for a taxable supply and that consideration or part thereof is subsequently reduced, to the extent that the person did not claim, and is not, but for this section, entitled to claim, an input tax refund or a rebate in respect of the portion of the tax that was calculated on the amount by which the consideration or part thereof was reduced, that portion is deemed, for the purpose of determining a rebate under sections 400 to 402.2, to be an amount that was not payable or remittable by the person.

This section does not apply in circumstances in which section 57 or sections 213 to 219 apply.

1994, c. 22, s. 641.

DIVISION V ANTI-AVOIDANCE RULE

1994, c. 22, s. 641.

674.6. Chapter IX of Title I applies to Divisions I to III of this chapter, with the necessary modifications.

1994, c. 22, s. 641; 1997, c. 3, s. 135.

CHAPTER VII REGISTRATION

675. Every person who, on 30 June 1992, holds a registration certificate issued under the Retail Sales Tax Act (chapter I-1) is deemed to be registered under Division I of Chapter VIII of Title I on 1 July 1992.

1991, c. 67, s. 675.

676. Notwithstanding section 407 and subject to section 675, where a person is a small supplier and, on 30 June 1992, a registrant under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), the person shall file an application for registration with the Minister.

1991, c. 67, s. 676.

TITLE VII REGULATIONS

677. The Government may, by regulation,

(1)  determine, for the purposes of the definition of the expression “specified corporeal movable property”, which movable property is prescribed movable property;

(2)  determine, for the purposes of the definition of the expression “financial instrument”, which instruments are prescribed instruments;

(3)  determine, for the purposes of the definition of the expression “financial service”, which services are prescribed services for the purposes of paragraph 13 thereof, which services are prescribed services for the purposes of paragraph 17 thereof and which services are prescribed services for the purposes of paragraph 20 thereof;

(4)  determine, for the purposes of section 17, prescribed circumstances and the prescribed manner;

(4.1)  (subparagraph repealed);

(5)  determine, for the purposes of section 18, which supplies are prescribed supplies for the purposes of subparagraph 1 of the first paragraph thereof, which supplies are prescribed supplies for the purposes of subparagraph 2 of the first paragraph thereof, which supplies are prescribed supplies for the purposes of subparagraph 3 of the first paragraph thereof and which supplies are prescribed supplies for the purposes of subparagraph 4 of the first paragraph thereof;

(5.1)  determine, for the purposes of section 18.0.1, which supply of property or a service is a prescribed supply and which circumstances and terms and conditions are prescribed circumstances and prescribed terms and conditions;

(6)  (subparagraph repealed);

(7)  (subparagraph repealed);

(7.1)  determine, for the purposes of section 22.30, which supply of property or a service is a prescribed supply;

(7.2)  determine, for the purposes of section 22.31, which supply of property or a service is a prescribed supply;

(8)  (subparagraph repealed);

(8.1)  determine, for the purposes of section 24.1, which corporeal movable property is prescribed corporeal movable property;

(9)  determine, for the purposes of section 29, which services are prescribed services;

(10)  (subparagraph repealed);

(10.0.1)  determine, for the purposes of section 41.2.1, property that is prescribed property;

(10.1)  determine, for the purposes of section 41.6, which registrants are prescribed registrants;

(11)  determine, for the purposes of section 52, prescribed duties, fees or taxes;

(12)  determine, for the purposes of section 76, which purposes and provisions are prescribed purposes and provisions;

(13)  determine, for the purposes of section 77, which purposes and provisions are prescribed purposes and provisions;

(14)  determine, for the purposes of section 81, which goods are prescribed goods for the purposes of paragraph 8 thereof and which circumstances, goods and terms and conditions are prescribed circumstances, prescribed goods and prescribed terms and conditions, for the purposes of paragraph 9 thereof;

(15)  determine, for the purposes of section 117, which health care services are prescribed health care services;

(16)  determine, for the purposes of section 128, which courses are prescribed equivalent courses;

(17)  (subparagraph repealed);

(18)  determine, for the purposes of section 131, which food or beverages are prescribed food or beverages;

(18.1)  determine, for the purposes of paragraph 9 of section 138.1, which persons are prescribed persons and which games of chance are prescribed games of chance;

(19)  determine, for the purposes of section 146, which persons are prescribed persons and which games of chance are prescribed games of chance;

(20)  determine, for the purposes of section 147, which persons are prescribed persons;

(21)  determine, for the purposes of paragraph 30 of section 176, which property or services are prescribed property or services;

(22)  determine that any beverage of a prescribed class intended for use or consumption in an establishment described in paragraph 18 of section 177, be in a container identified as prescribed by the Minister or of a prescribed size, and sold and delivered in that container; in addition, the Government may prescribe that such containers be used exclusively by the establishment;

(23)  determine, for the purposes of paragraph 10 of section 178, which property is prescribed property;

(24)  determine, for the purposes of section 201, which information is prescribed information;

(25)  (subparagraph repealed);

(26)  (subparagraph repealed);

(27)  (subparagraph repealed);

(28)  determine, for the purposes of section 237, which property is prescribed property;

(28.1)  determine, for the purposes of section 237.3, which sections and circumstances are prescribed sections and prescribed circumstances;

(28.2)  determine, for the purposes of section 244.1, which mandataries of a government are prescribed mandataries;

(29)  determine, for the purposes of section 246, which registrants are prescribed registrants;

(30)  determine, for the purposes of section 260, which registrants are prescribed registrants;

(30.1)  determine, for the purposes of section 267, which mandataries of a government are prescribed mandataries;

(31)  determine, for the purposes of section 279, the prescribed manner and which registrants are prescribed registrants;

(31.1)  (subparagraph repealed);

(31.1.1)  determine, for the purposes of subparagraph b of subparagraph 2 of the first paragraph of section 290, the percentage of the total consideration;

(31.1.2)  determine, for the purposes of section 300.2, the prescribed amount;

(31.1.3)  determine, for the purposes of section 301.1, the prescribed amount;

(31.1.4)  determine, for the purposes of section 301.3, the prescribed amount;

(31.1.5)  determine, for the purposes of section 323.3, the prescribed amount;

(31.1.6)  determine, for the purposes of section 324.1, the prescribed amount;

(31.1.7)  determine, for the purposes of section 324.3, the prescribed amount;

(31.2)  (subparagraph repealed);

(32)  determine, for the purposes of section 332, which corporations are prescribed corporations;

(33)  determine, for the purposes of section 346, which activities are prescribed activities;

(33.1)  determine, for the purposes of section 346.1, which mandataries of a government are prescribed mandataries;

(34)  (subparagraph repealed);

(35)  determine, for the purposes of section 352, the extent prescribed and which corporeal movable property is prescribed corporeal movable property;

(35.1)  determine, for the purposes of section 353.0.4, which applications for a rebate are prescribed applications;

(36)  (subparagraph repealed);

(37)  (subparagraph repealed);

(38)  determine, for the purposes of section 357, which applications for a rebate are prescribed applications;

(39)  determine, for the purposes of section 383, which government bodies are prescribed bodies and the prescribed manner;

(40)  determine, for the purposes of section 386, which property or services are prescribed property or services;

(40.0.1)  (subparagraph repealed);

(40.1)  determine, for the purposes of section 388.1, the prescribed municipalities, time and amount;

(41)  determine, for the purposes of section 389, which persons are prescribed persons and which rules are prescribed rules;

(42)  (subparagraph repealed);

(42.1)  (subparagraph repealed);

(43)  determine, for the purposes of section 423, which suppliers or recipients are prescribed suppliers or recipients;

(44)  determine, for the purposes of section 425, the prescribed manner;

(44.1)  determine, for the purposes of section 433.12, which method is a prescribed method;

(45)  determine, for the purposes of section 434, which registrants or classes of registrants are prescribed registrants or prescribed classes of registrants, and which methods are prescribed methods;

(45.1)  determine, for the purposes of section 435.3, which provisions of the Regulation respecting the Québec sales tax, as enacted by Order in Council 1607-92 dated 4 November 1992 or as amended or replaced by any later order, are prescribed provisions;

(46)  determine, for the purposes of section 436, which input tax refunds are prescribed input tax refunds;

(47)  determine, for the purposes of section 442, which circumstances are prescribed circumstances, and which conditions and rules are prescribed conditions and rules;

(48)  determine, for the purposes of section 445, which groups are prescribed groups;

(49)  determine, for the purposes of section 449, which information is prescribed information in respect of a credit note and which information is prescribed information in respect of a debit note;

(49.1)  determine, for the purposes of section 472, the prescribed person;

(50)  determine, for the purposes of section 473, the prescribed person;

(50.1)  determine, for the purposes of section 473.1, the prescribed person;

(50.2)  determine, for the purposes of section 489.1, the prescribed amounts the prescribed percentages, the prescribed terms and conditions, and the prescribed persons;

(51)  determine, for the purposes of section 492, the prescribed manner;

(52)  determine, for the purposes of section 497, the prescribed manner;

(53)  determine, for the purposes of section 518, the prescribed premium and prescribed conditions;

(54)  determine, for the purposes of section 520, the prescribed premium and prescribed conditions;

(55)  determine, for the purposes of section 529, prescribed cases;

(55.1)  determine, for the purposes of section 541.24, the prescribed sleeping-accommodation establishments and the prescribed tourist regions;

(56)  determine, for the purposes of section 663, the prescribed amount and the prescribed manner;

(57)  determine, for the purposes of section 678, which mandataries of the Government of Québec are prescribed mandataries;

(58)  determine, for the purposes of section 683, the prescribed supplies, the prescribed time and the prescribed manner;

(59)  prescribe that a class of persons must file such returns as are necessary for the purposes of this Act and that they must give a copy of the return, or a copy of a prescribed extract to the person who is the subject of the return or extract;

(60)  determine, among the regulations made under this Act, those the contravention of which is an offence;

(60.1)  prescribe, for the purposes of Title I, the method for determining the tax in respect of property used in part outside Québec, notwithstanding any inconsistent provision of this Act; and

(61)  prescribe any other measures required for the purposes of this Act.

Regulations made under this Act come into force on the date of their publication in the Gazette officielle du Québec, unless they fix another date which may in no case be prior to 1 July 1992.

1991, c. 67, s. 677; 1993, c. 19, s. 255; 1994, c. 22, s. 642; 1995, c. 1, s. 349; 1995, c. 63, s. 509; 1997, c. 14, s. 355; 1997, c. 85, s. 716; 1998, c. 16, s. 313.

TITLE VIII FINAL PROVISIONS

678. This Act is binding on the Gouvernement du Québec and its departments, agencies and mandataries.

However, Title I and the transitional provisions related thereto are not binding on the Government and its departments, prescribed agencies and prescribed mandataries only in respect of their obligations as suppliers to collect and remit tax in respect of taxable supplies made by them.

1991, c. 67, s. 678.

679. (Repealed).

1991, c. 67, s. 679; 1993, c. 79, s. 56.

680. (Repealed).

1991, c. 67, s. 680; 1993, c. 79, s. 56.

681. For the purpose of facilitating the collection and payment of taxes imposed by this Act or preventing duplication of tax payment, the Minister may enter into any written agreement he considers appropriate with any person holding a registration certificate.

1991, c. 67, s. 681.

682. Provisions of any Title do not apply to provisions of another Title except as specifically otherwise provided.

1991, c. 67, s. 682.

683. Any person who, under this Act, is entitled to a rebate of all or part of the tax paid by him to the Minister under this Act in respect of a prescribed supply of property or a service may transfer his right to the rebate to the person having made the supply of the property or service, if the transfer meets the following conditions:

(1)  it is made without reservation and is evidenced in a writing bearing the transferor’s signature;

(2)  it concerns the whole of the rebate to which the transferor is entitled and is granted otherwise than as a security;

(3)  it is communicated to the Minister, within the prescribed time and in prescribed manner, by means of a written notice accompanied by the deed of transfer, the application for a rebate and proof that the tax has been paid.

However, the transferee is entitled to the rebate of tax only if the transferor has not filed an application in respect thereof with the Minister.

A transfer made in accordance with the first paragraph does not confer on the transferee more rights than those held by the transferor himself according to law.

1991, c. 67, s. 683.

684. The Minister of Revenue is responsible for the administration of this Act.

1991, c. 67, s. 684.

The Minister of Finance exercises the functions of the Minister of Revenue provided for in this Act. Order in Council 1689-2022 dated 26 October 2022, (2022) 154 G.O. 2 (French), 6581.

685. Title I applies, subject to sections 618 to 656, in respect of

(1)  a supply of movable property or a service, other than a passenger transportation service or a freight transportation service, for which all of the consideration becomes due or is paid, or is deemed to have become due or have been paid, after 30 June 1992 and is not, or is deemed not to have been, paid before 1 July 1992 and does not, or is deemed not to have, become due before 1 July 1992;

(2)  a supply of movable property or a service, other than a passenger transportation service or a freight transportation service, for which part of the consideration becomes due or is paid, or is deemed to have become due or have been paid, after 30 June 1992; however, no tax is payable under Title I otherwise than by reason of sections 618 to 656 in respect of any part of consideration for the supply that becomes due or is paid before 1 July 1992 and that is not deemed to have become due or have been paid after 30 June 1992;

(3)  a supply of a freight transportation service which began after 30 June 1992 for which all or part of the consideration becomes due after 30 June 1992 and is not paid before 1 July 1992;

(4)  a supply of a passenger transportation service in respect of which a ticket is issued after 30 June 1992;

(5)  a supply deemed to have been made after 30 June 1992;

(6)  a supply in respect of which tax is deemed to have been collected;

(7)  a supply of an immovable by way of sale ownership and possession of which are transferred after 30 June 1992;

(7.1)  any supply of an immovable by way of lease, licence or similar arrangement for which all of the consideration becomes due or is paid, or is deemed to have become due or have been paid, after 30 June 1992 and is not, or is deemed not to have been, paid before 1 July 1992 and does not, or is deemed not to have, become due before 1 July 1992;

(7.2)  any supply of an immovable by way of lease, licence or similar arrangement for which part of the consideration becomes due or is paid, or is deemed to have become due or have been paid, after 30 June 1992; however, no tax is payable under Title I otherwise than by reason of sections 618 to 656 in respect of any part of the consideration for the supply that becomes due or is paid before 1 July 1992 and that is not deemed to have become due or have been paid after 30 June 1992;

(8)  the bringing into Québec of any corporeal property after 30 June 1992;

(9)  a supply in respect of which tax is payable by reason of sections 618 to 656; and

(10)  any supply referred to in section 318 that was made before 1 July 1992; however, no tax is payable under Title I in respect of any amount paid or forfeited, or any debt or other obligation reduced or extinguished, before 1 July 1992.

1991, c. 67, s. 685; 1994, c. 22, s. 643; 1997, c. 85, s. 717.

686. Notwithstanding section 685, Chapter IX of Title I applies to transactions made after 30 September 1991 and as though references in that chapter to “this Title” were replaced by references to “this Title and Chapter VI of Title VI”.

1991, c. 67, s. 686.

687. The sums required for the implementation of the reform of consumer taxes and for the administration by the Minister of Revenue of the goods and services tax under the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) shall be taken, for the taxation year 1992-93, out of the Consolidated Revenue Fund, to the extent determined by the Government.

1991, c. 67, s. 687.

688. (Omitted).

1991, c. 67, s. 688.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 67 of the statutes of 1991, in force on 1 March 1992, is repealed, except subsection 2 of sections 542 to 545, subsection 2 of section 547, subsection 2 of section 551, subsections 2 and 3 of section 554, subsection 2 of section 563, subsection 2 of section 609 and except section 688, effective from the coming into force of chapter T-0.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 541, 546, 548 to 550, 552, 553, subsection 1 of section 555, sections 556 to 560, 562, 564 to 570, 572 to 591, 593 to 608, 610 to 614, 616 to 670 and 675 to 686 of chapter 67 of the statutes of 1991, in force on 1 March 1993, are repealed effective from the coming into force of the updating to 1 March 1993 of chapter T-0.1 of the Revised Statutes.