I-3, r. 1 - Regulation respecting the Taxation Act

Section 130r143 Disposition versions

2012-09-01

130R143. Where the generating or distributing equipment and plant, including structures, of a producer or distributor of electrical energy were acquired for the purpose of providing power to a consumer for use by the consumer in the operation in Canada of a mine, ore mill, smelter, metal refinery or any combination thereof and at least 80% of the producer’s or distributor’s output of electrical energy for the first 2 taxation years in which the producer or the distributor, as the case may be, sold power was sold to the consumer for that purpose, the property must be included in

(a)  Class 10 in Schedule B if it is property that the producer or the distributor acquired

i.  before 1 January 1988, or

ii.  before 1 January 1990

(1)  pursuant to an obligation in writing entered into by the taxpayer before 18 June 1987,

(2)  that was under construction by or on behalf of the taxpayer on 18 June 1987, or

(3)  that is machinery or equipment that is a fixed and integral part of a building, structure, plant facility or other property that was under construction by or on behalf of the taxpayer on 18 June 1987; or

(b)  Class 41 or 41.1 in Schedule B in any other case, except where the property would otherwise be included in Class 43.1 or 43.2 in Schedule B and the taxpayer has, by a letter filed with the fiscal return of the taxpayer filed in accordance with sections 1000 to 1003 of the Act for the taxation year in which the property was acquired, elected to include the property in Class 43.1 or 43.2, as the case may be.

s. 130R65; O.C. 1981-80, s. 130R65; R.R.Q., 1981, c. I-3, r. 1, s. 130R65; O.C. 1697-92, s. 36; O.C. 1454-99, s. 18; O.C. 1116-2007, s. 10; O.C. 134-2009, s. 1; O.C. 390-2012, s. 21.