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I-3 - Taxation Act
Section 2.1.3
Disposition versions
2.1.3. For the purposes of this Part and the regulations, where, as a consequence of the laws of a province relating to spouses’ interests in respect of property as a result of marriage, property is, after the death of an individual,
(a) transferred or distributed to a person who was the individual’s spouse at the time of the death, or acquired by that person, the property is deemed to have been so transferred, distributed or acquired, as the case may be, as a consequence of the death; or
(b) transferred or distributed to the individual’s succession, or acquired by the individual’s succession, the property is deemed to have been so transferred, distributed or acquired, as the case may be, immediately before the time that is immediately before the death.
2.1.3. For the purposes of this Part and the regulations, where, as a consequence of the laws of a province relating to spouses’ interests in respect of property as a result of marriage, property is, after the death of an individual,
(a) transferred or assigned to a person who was the individual’s spouse at the time of the death, or acquired by that person, the property is deemed to have been so transferred, assigned or acquired, as the case may be, as a consequence of the death; or
(b) transferred or assigned to the individual’s succession, or acquired by the individual’s succession, the property is deemed to have been so transferred, assigned or acquired, as the case may be, immediately before the time that is immediately before the death.
