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

Section 130r53 Disposition versions

2012-09-01

130R53. Specified energy property of a person or partnership does not include property acquired by the person or partnership after 9 February 1988 but before 1 January 1990,

(a)  pursuant to an obligation in writing entered into by the person or partnership before 10 February 1988;

(b)  pursuant to the terms of a final prospectus, preliminary prospectus, registration statement or offering memorandum filed before 10 February 1988 with a public authority in Canada pursuant to the securities legislation of a province;

(c)  pursuant to the terms of an offering memorandum distributed as part of an offering of securities where the following conditions are fulfilled:

i.  the offering memorandum contains a complete or substantially complete description of the securities in the offering as well as the terms and conditions of the offering,

ii.  the offering memorandum was distributed before 10 February 1988,

iii.  solicitations in respect of the sale of the securities in the offering memorandum were made before 10 February 1988, and

iv.  the sale of the securities was substantially in accordance with the offering memorandum; or

(d)  as part of a project where, before 10 February 1988, the following conditions were fulfilled:

i.  some of the machinery or equipment to be used in the project was acquired, or agreements in writing for the acquisition of that machinery or equipment were entered into, by or on behalf of the person or partnership, and

ii.  an approval had been received by or on behalf of the person or partnership from a government environmental authority in respect of the location of the project.

s. 130R30.3.4; O.C. 91-94, s. 2; O.C. 1707-97, s. 98; O.C. 1466-98, s. 21; O.C. 134-2009, s. 1.