I-3 - Taxation Act

Section 1029.8.36.0.106.18 Disposition versions

2023-04-01

1029.8.36.0.106.18. For the purposes of subparagraph ii of subparagraph a of the second paragraph of section 1029.8.36.0.106.17 and subject to the third paragraph, a qualified corporation’s monthly ceiling on the production of biofuel, in respect of an eligible biofuel, for a particular month of a taxation year, is

(a)  where 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, that the Minister attributes to the qualified corporation, if applicable, for the particular month; or

(b)  where 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.

Where a qualified corporation has, for a particular month, an eligible production of biofuel in respect of more than one eligible biofuel and the amount determined in respect of any of those biofuels under section 1029.8.36.0.106.19, for the taxation year that includes that month, is not equal to the amount so determined in respect of another of those biofuels, the following rules apply:

(a)  the qualified corporation shall attribute, for the particular month, a number of litres in respect of each eligible biofuel and the number of litres so attributed in respect of a biofuel is deemed to be the corporation’s monthly ceiling on the production of biofuel, in respect of the biofuel, for the particular month;

(b)  the total number of litres attributed in accordance with subparagraph a must not exceed the qualified corporation’s monthly ceiling on the production of biofuel, in respect of an eligible biofuel, that would be determined for the particular month, under the first paragraph, if no reference were made to this paragraph; and

(c)  if the total number of litres attributed in accordance with subparagraph a exceeds the qualified corporation’s monthly ceiling on the production of biofuel, in respect of an eligible biofuel, that would be determined for the particular month, under the first paragraph, if no reference were made to this paragraph, the Minister shall attribute a number of litres in respect of each eligible biofuel of the corporation and the number of litres so attributed in respect of a biofuel is deemed to be the corporation’s monthly ceiling on the production of biofuel, in respect of that eligible biofuel, for the particular month.

For the purposes of this section, where the particular month of a taxation year includes

(a)  1 April 2023 and does not begin on that date, subparagraph b of the first paragraph is to be read as if “that follow 31 March 2023” were inserted at the end; and

(b)  31 March 2033 and does not end on that date, subparagraph b of the first paragraph is to be read as if “that precede 1 April 2033” were inserted at the end.

2023, c. 2, s. 44.