670.38. Subject to section 670.41, a particular individual is entitled to a rebate determined in accordance with section 670.39 if(1) pursuant to an agreement of purchase and sale, evidenced in writing and entered into before 3 May 2006, the particular individual is the recipient of a taxable supply by way of sale from another person of a residential complex in respect of which ownership and possession under the agreement are transferred to the particular individual after 31 December 2007;
(2) the particular individual is entitled to claim a rebate under subsection 5 of section 256.7 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the supply of the residential complex;
(3) the particular individual has paid all of the tax under section 16 in respect of the supply of the residential complex; and
(4) the particular individual is entitled to claim a rebate under section 362.2 or 368.1 in respect of the residential complex.