I-3 - Taxation Act

Section 1049.0.3 Disposition versions

2012-03-05

1049.0.3. In this chapter,

“culpable conduct” means an act or a failure to act that

(a)  is tantamount to intentional conduct;

(b)  shows indifference towards compliance with this Act, the Cooperative Investment Plan Act (chapter R-8.1.1) or the Act respecting the sectoral parameters of certain fiscal measures (chapter P-5.1) where it applies in respect of the deduction in respect of the second cooperative investment plan, within the meaning assigned to that expression by section 5.1 of Schedule C to that Act; or

(c)  shows a wilful, reckless or wanton disregard of this Act, of the Cooperative Investment Plan Act or the Act respecting the sectoral parameters of certain fiscal measures where it applies in respect of the deduction in respect of the second cooperative investment plan, within the meaning assigned to that expression by section 5.1 of Schedule C to that Act;

“false statement” includes a statement that is misleading because of an omission from the statement;

“gross compensation” of a particular person at any time, in respect of a false statement that could be used by or on behalf of another person, means all amounts that the particular person, or any person not dealing at arm’s length with the particular person, is entitled, either absolutely or contingently and either before or after that time, to receive or to obtain in respect of the statement;

“person” includes a partnership;

“subordinate”, in respect of a particular person, includes any other person over whose activities the particular person has direction, supervision or control whether or not the other person is an employee of the particular person or of another person.

For the purposes of the definition of “subordinate” in the first paragraph, if the particular person is a member of a partnership, the other person is not a subordinate of the particular person solely because the particular person is a member of the partnership.

2001, c. 51, s. 202; 2006, c. 37, s. 41; 2012, c. 1, s. 64.

2006-12-06

1049.0.3. In this chapter,

“culpable conduct” means an act or a failure to act that

(a)  is tantamount to intentional conduct;

(b)  shows an indifference as to whether this Act or the Cooperative Investment Plan Act (chapter R-8.1.1) is complied with; or

(c)  shows a wilful, reckless or wanton disregard of this Act or of the Cooperative Investment Plan Act;

“false statement” includes a statement that is misleading because of an omission from the statement;

“gross compensation” of a particular person at any time, in respect of a false statement that could be used by or on behalf of another person, means all amounts that the particular person, or any person not dealing at arm’s length with the particular person, is entitled, either absolutely or contingently and either before or after that time, to receive or to obtain in respect of the statement;

“person” includes a partnership;

“subordinate”, in respect of a particular person, includes any other person over whose activities the particular person has direction, supervision or control whether or not the other person is an employee of the particular person or of another person.

For the purposes of the definition of “subordinate” in the first paragraph, if the particular person is a member of a partnership, the other person is not a subordinate of the particular person solely because the particular person is a member of the partnership.

2001, c. 51, s. 202; 2006, c. 37, s. 41.

2006-03-01

1049.0.3. In this chapter,

"culpable conduct" means an act or a failure to act that

(a)  is tantamount to intentional conduct;

(b)  shows an indifference as to whether this Act is complied with; or

(c)  shows a wilful, reckless or wanton disregard of this Act;

"false statement" includes a statement that is misleading because of an omission from the statement;

"gross compensation" of a particular person at any time, in respect of a false statement that could be used by or on behalf of another person, means all amounts that the particular person, or any person not dealing at arm’s length with the particular person, is entitled, either absolutely or contingently and either before or after that time, to receive or to obtain in respect of the statement;

"person" includes a partnership;

"subordinate", in respect of a particular person, includes any other person over whose activities the particular person has direction, supervision or control whether or not the other person is an employee of the particular person or of another person.

For the purposes of the definition of "subordinate" in the first paragraph, if the particular person is a member of a partnership, the other person is not a subordinate of the particular person solely because the particular person is a member of the partnership.

2001, c. 51, s. 202.