I-3 - Taxation Act

Section 1029.8.36.0.106.3 Disposition versions

2019-06-19

1029.8.36.0.106.3. For the purposes of subparagraph b of the second paragraph of section 1029.8.36.0.106.2, the monthly ceiling on the production of biodiesel fuel of a qualified corporation, for a particular month of a taxation year, is,

(a)  if the qualified corporation is a member of an associated group in the year, the number of litres attributed for the particular month to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, zero or the number of litres, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, if applicable, for the particular month; or

(b)  if subparagraph a does not apply, the number of litres obtained by multiplying 821,917 by the number of days in the particular month.

The agreement to which subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the year attribute to one or more of their number, for the purposes of this section, a number of litres; for that purpose, the total number of litres so attributed for the particular month must not exceed the number of litres determined under subparagraph b of the first paragraph for the particular month.

For the purposes of this section, where the particular month of a taxation year includes 31 March 2023 and does not end on that date, subparagraph b of the first paragraph is to be read as if “that precede 1 April 2023” were inserted at the end.

2017, c. 29, s. 182; 2019, c. 14, s. 345.

2017-12-07

1029.8.36.0.106.3. For the purposes of subparagraph ii of subparagraph a of the second paragraph of section 1029.8.36.0.106.2, the monthly ceiling on the production of biodiesel fuel of a qualified corporation, for a particular month of a taxation year, is,

(a)  if the qualified corporation is a member of an associated group in the year, the number of litres attributed for the particular month to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, zero or the number of litres, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, if applicable, for the particular month; or

(b)  if subparagraph a does not apply, the number of litres obtained by multiplying 345,205 by the number of days in the particular month.

The agreement to which subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the year attribute to one or more of their number, for the purposes of this section, a number of litres; for that purpose, the total number of litres so attributed for the particular month must not exceed the number of litres determined under subparagraph b of the first paragraph for the particular month.

2017, c. 29, s. 182.