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I-3 - Taxation Act

Section 485.45
Disposition versions

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485.45. Subject to section 485.46, a particular agreement between a debtor and an eligible transferee in respect of a commercial obligation issued by the debtor that was settled at any time is deemed not to have been filed under this subdivision
(a)  where it is not filed with the Minister in a prescribed form
i.  on or before
(1)  the debtor’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, or
(2)  if it is later, the transferee’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, or
ii.  on or before
(1)  the expiry of the 90-day period commencing on the day of sending of the notice of assessment of tax payable under this Part or of a notification that no tax is payable under this Part, for a taxation year or fiscal period, as the case may be, described in subparagraph 1 or 2 of subparagraph i, or
(2)  if it is later, where the debtor is an individual (other than a trust) or a succession that is a graduated rate estate, the day that is one year after the debtor’s filing-due date for the year;
(b)  where it is not accompanied by,
i.  where the debtor is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made,
ii.  where the debtor is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made,
iii.  where the transferee is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made, and
iv.  where the transferee is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made; or
(c)  if an agreement amending the particular agreement has been filed in accordance with this subdivision, except where section 485.47 applies to the particular agreement.
1996, c. 39, s. 142; 1997, c. 3, s. 71; 1997, c. 31, s. 51; 2003, c. 9, s. 29; 2015, c. 21, s. 174; 2017, c. 1, s. 125.
485.45. Subject to section 485.46, a particular agreement between a debtor and an eligible transferee in respect of a commercial obligation issued by the debtor that was settled at any time is deemed not to have been filed under this subdivision
(a)  where it is not filed with the Minister in a prescribed form
i.  on or before
(1)  the debtor’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, or
(2)  if it is later, the transferee’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, or
ii.  on or before
(1)  the expiry of the 90-day period commencing on the day of sending of the notice of assessment of tax payable under this Part or of a notification that no tax is payable under this Part, for a taxation year or fiscal period, as the case may be, described in subparagraph 1 or 2 of subparagraph i, or
(2)  if it is later, where the debtor is an individual (other than a trust) or a testamentary trust, the day that is one year after the debtor’s filing-due date for the year;
(b)  where it is not accompanied by,
i.  where the debtor is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made,
ii.  where the debtor is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made,
iii.  where the transferee is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made, and
iv.  where the transferee is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made; or
(c)  if an agreement amending the particular agreement has been filed in accordance with this subdivision, except where section 485.47 applies to the particular agreement.
1996, c. 39, s. 142; 1997, c. 3, s. 71; 1997, c. 31, s. 51; 2003, c. 9, s. 29; 2015, c. 21, s. 174.
485.45. Subject to section 485.46, a particular agreement between a debtor and an eligible transferee in respect of a commercial obligation issued by the debtor that was settled at any time is deemed not to have been filed under this subdivision
(a)  where it is not filed with the Minister in a prescribed form
i.  on or before the later of
(1)  the debtor’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, and
(2)  the transferee’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, or
ii.  within the period within which the debtor or the transferee may notify a notice of objection to an assessment of tax payable under this Part for a taxation year or fiscal period, as the case may be, described in subparagraph 1 or 2 of subparagraph i, as the case may be;
(b)  where it is not accompanied by,
i.  where the debtor is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made,
ii.  where the debtor is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made,
iii.  where the transferee is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made, and
iv.  where the transferee is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made; or
(c)  if an agreement amending the particular agreement has been filed in accordance with this subdivision, except where section 485.47 applies to the particular agreement.
1996, c. 39, s. 142; 1997, c. 3, s. 71; 1997, c. 31, s. 51; 2003, c. 9, s. 29.
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