D-17 - Land Transfer Duties Act

Section 30 Disposition versions

1977-12-31

30. Payment of the duties shall be deferred in the case where the transferee who is a physical person states that he acquired the whole of the land,

(a)  if he is a Canadian citizen, for the purposes of establishing thereon, before the expiry of ten years after the date of transfer, his principal residence or his principal recreational property;

(b)  if he is not a Canadian citizen, for the purposes of establishing thereon, before the expiry of five years after the date of transfer, his principal residence or his principal recreational property, provided that he states furthermore, in the manner prescribed:

i.  that he has been lawfully admitted into Canada;

ii.  that he is lawfully in Canada as an immigrant admitted for permanent residence or for the purpose of carrying on or holding a business, employment or office therein within the meaning of section 1 of the Taxation Act (chapter I-3);

iii.  that he is not in Canada as a tourist or visitor or on his way to another country or as a student admitted into Canada under the provisions of subparagraph f of subsection 1 of section 7 of the Immigration Act (Revised Statutes of Canada, 1985, chapter I-2);

iv.  the nature of the business, office or employment contemplated in subparagraph ii, if such is the case;

v.  where the case is such, the number and expiration date of the visa relating to an employment and issued under the Immigration Act, and the length of time during which he intends to carry on or hold, as the case may be, the business, employment or office for which he was admitted into Canada.

1976, c. 23, s. 30.