I-0.4 - Mining Tax Act

Section 16.1 Disposition versions

2015-09-01

16.1. The cumulative exploration, mineral deposit evaluation and mine development expenses of an operator, at any time (in this section referred to as “that time”), are the amount determined by the formula

A - B.

In the formula in the first paragraph,

(1)  A is the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the aggregate of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964,

(b)  subject to sections 16.2 to 16.6, the aggregate of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before 31 March 2010 in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation,

(c)  25% of the aggregate of all amounts each of which is an amount referred to in subparagraph b, other than an amount relating to expenses referred to in any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167 of the Taxation Act (chapter I-3) that was taken into account in computing an amount that the operator or a legal person that is a partner of the operator is deemed to have paid to the Minister for a taxation year, within the meaning of Part I of that Act, under Division II.6.15 of Chapter III.1 of Title III of Book IX of Part I of that Act, that was incurred by the operator after 31 March 1998 and before that time in respect of exploration work performed in

i.  the territory in which the program entitled “Near North Mineral Exploration Program”, implemented by the Ministère des Ressources naturelles et de la Faune, applies, or

ii.  the territory north of the 55°00′ north latitude;

(d)  the aggregate of all amounts each of which is an amount repaid by the operator before that time pursuant to a legal obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b, and

(e)  25% of the aggregate of all amounts each of which is an amount repaid by the operator before that time pursuant to a legal obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph c; and

(2)  B is the aggregate of

(a)  the aggregate of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing its annual profit for a fiscal year ending before 13 May 1994,

(b)  the aggregate of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing its annual profit for a fiscal year ending before 13 May 1994,

(c)  the aggregate of all amounts each of which is an amount deducted by the operator under subparagraph e of paragraph 2 of section 8, as it read on 30 March 2010, or subparagraph c of subparagraph 2 of the second paragraph of section 8 in computing its annual profit for a fiscal year ending before that time,

(d)  the aggregate of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of subparagraph 1 that the operator received or was entitled to receive before that time, and

(e)  25% of the aggregate of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph c of subparagraph 1 that the operator received or was entitled to receive before that time.

For the purposes of subparagraph b of subparagraph 1 of the second paragraph and sections 16.3 to 16.6, “exploration”, “mine development”, “mineral deposit”, “mineral deposit evaluation”, “mining operation” and “orebody” have the meaning assigned by section 1, as it read on 30 March 2010.

1994, c. 47, s. 16; 1999, c. 83, s. 6; 2002, c. 40, s. 14; 2003, c. 8, s. 6; 2004, c. 21, s. 31; 2005, c. 23, s. 20; 2006, c. 3, s. 35; 2011, c. 6, s. 37; 2015, c. 8, s. 46.

2011-06-06

16.1. The cumulative exploration, mineral deposit evaluation and mine development expenses of an operator, at any time (in this section referred to as “that time”), are the amount determined by the formula

A - B.

In the formula in the first paragraph,

(1)  A is the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the aggregate of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964,

(b)  subject to sections 16.2 to 16.6, the aggregate of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before 31 March 2010 in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation,

(c)  25% of the aggregate of all amounts each of which is an amount referred to in subparagraph b, other than an amount relating to expenses referred to in any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167 of the Taxation Act (chapter I-3) that was taken into account in computing an amount that the operator or a legal person that is a partner of the operator is deemed to have paid to the Minister of Revenue for a taxation year, within the meaning of Part I of that Act, under Division II.6.15 of Chapter III.1 of Title III of Book IX of Part I of that Act, that was incurred by the operator after 31 March 1998 and before that time in respect of exploration work performed in

i.  the territory in which the program entitled “Near North Mineral Exploration Program”, implemented by the Ministère des Ressources naturelles et de la Faune, applies, or

ii.  the territory north of the 55°00′ north latitude;

(d)  the aggregate of all amounts each of which is an amount repaid by the operator before that time pursuant to a legal obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b, and

(e)  25% of the aggregate of all amounts each of which is an amount repaid by the operator before that time pursuant to a legal obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph c; and

(2)  B is the aggregate of

(a)  the aggregate of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing its annual profit for a fiscal year ending before 13 May 1994,

(b)  the aggregate of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing its annual profit for a fiscal year ending before 13 May 1994,

(c)  the aggregate of all amounts each of which is an amount deducted by the operator under subparagraph e of paragraph 2 of section 8, as it read on 30 March 2010, or subparagraph c of subparagraph 2 of the second paragraph of section 8 in computing its annual profit for a fiscal year ending before that time,

(d)  the aggregate of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of subparagraph 1 that the operator received or was entitled to receive before that time, and

(e)  25% of the aggregate of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph c of subparagraph 1 that the operator received or was entitled to receive before that time.

For the purposes of subparagraph b of subparagraph 1 of the second paragraph and sections 16.3 to 16.6, “exploration”, “mine development”, “mineral deposit”, “mineral deposit evaluation”, “mining operation” and “orebody” have the meaning assigned by section 1, as it read on 30 March 2010.

1994, c. 47, s. 16; 1999, c. 83, s. 6; 2002, c. 40, s. 14; 2003, c. 8, s. 6; 2004, c. 21, s. 31; 2005, c. 23, s. 20; 2006, c. 3, s. 35; 2011, c. 6, s. 37.

2006-04-19

16.1. Cumulative exploration, mineral deposit evaluation and mine development expenses, at any time, are the amount by which

(1)  the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the total of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964;

(b)  subject to sections 16.2 to 16.6, the total of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before that time, in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation;

(b.1)  25% of the total of all amounts each of which is an amount referred to in subparagraph b, other than an amount relating to expenses referred to in any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167 of the Taxation Act (chapter I‐3) that was taken into account in computing an amount that the operator or a legal person that is a member of the operator is deemed to have paid to the Minister of Revenue for a taxation year, within the meaning of Part I of that Act, under Division II.6.15 of Chapter III.1 of Title III of Book IX of Part I of that Act, that was incurred by the operator after 31 March 1998 and before that time in respect of exploration work performed

i.  in the territory in which the program entitled ‘Near North Mineral Exploration Program’, implemented by the Ministère des Ressources naturelles et de la Faune, applies, or

ii.  in the territory north of the 55°00″ north latitude;

(c)  the total of all amounts each of which is an amount repaid by the operator before that time under an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b;

and

(d)  25% of the total of all amounts each of which is an amount repaid by the operator before that time, pursuant to an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph b.1; exceeds

(2)  the aggregate of

(a)  the total of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(b)  the total of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(c)  the total of all amounts each of which is an amount allowed to the operator, for a fiscal year ending after 12 May 1994 and before that time, as an exploration, mineral deposit evaluation and mine development allowance under subparagraph e of paragraph 2 of section 8; and

(d)  the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of paragraph 1, that the operator received or was entitled to receive before that time;

(e)  25% of the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph b.1 of paragraph 1 that the operator received or was entitled to receive before that time.

1994, c. 47, s. 16; 1999, c. 83, s. 6; 2002, c. 40, s. 14; 2003, c. 8, s. 6; 2004, c. 21, s. 31; 2005, c. 23, s. 20; 2006, c. 3, s. 35.

2005-06-17

16.1. Cumulative exploration, mineral deposit evaluation and mine development expenses, at any time, are the amount by which

(1)  the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the total of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964;

(b)  subject to sections 16.2 to 16.6, the total of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before that time, in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation;

(b.1)  25 % of the total of all amounts each of which is an amount referred to in subparagraph b, other than an amount relating to expenses referred to in any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167 of the Taxation Act (chapter I-3) that was taken into account in computing an amount that the operator or a legal person that is a member of the operator is deemed to have paid to the Minister of Revenue for a taxation year, within the meaning of Part I of that Act, under Division II.6.15 of Chapter III.1 of Title III of Book IX of Part I of that Act, that was incurred by the operator after 31 March 1998 and before that time in respect of exploration work performed

i.  in the territory in which the program entitled ‘Near North Mineral Exploration Program’, implemented by the Ministère des Ressources naturelles, de la Faune et des Parcs, applies, or

ii.  in the territory north of the 55°00″ north latitude;

(c)  the total of all amounts each of which is an amount repaid by the operator before that time under an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b;

and

(d)  25 % of the total of all amounts each of which is an amount repaid by the operator before that time, pursuant to an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph b.1; exceeds

(2)  the aggregate of

(a)  the total of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(b)  the total of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(c)  the total of all amounts each of which is an amount allowed to the operator, for a fiscal year ending after 12 May 1994 and before that time, as an exploration, mineral deposit evaluation and mine development allowance under subparagraph e of paragraph 2 of section 8; and

(d)  the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of paragraph 1, that the operator received or was entitled to receive before that time;

(e)  25 % of the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph b.1 of paragraph 1 that the operator received or was entitled to receive before that time.

1994, c. 47, s. 16; 1999, c. 83, s. 6; 2002, c. 40, s. 14; 2003, c. 8, s. 6; 2004, c. 21, s. 31; 2005, c. 23, s. 20.

2004-11-03

16.1. Cumulative exploration, mineral deposit evaluation and mine development expenses, at any time, are the amount by which

(1)  the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the total of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964;

(b)  subject to sections 16.2 to 16.6, the total of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before that time, in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation;

(b.1)  25 % of the total of all amounts each of which is an amount referred to in subparagraph b, other than an amount relating to expenses referred to in any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167 of the Taxation Act (chapter I-3) that was taken into account in computing an amount that the operator or a legal person that is a member of the operator is deemed to have paid to the Minister of Revenue for a taxation year, within the meaning of Part I of that Act, under Division II.6.15 of Chapter III.1 of Title III of Book IX of Part I of that Act, that was incurred by the operator after 31 March 1998 and before that time but not later than 31 December 2004, in respect of exploration work performed

i.  in the territory in which the program entitled ‘Near North Mineral Exploration Program’, implemented by the Ministère des Ressources naturelles, de la Faune et des Parcs, applies, or

ii.  in the territory north of the 55°00″ north latitude;

(c)  the total of all amounts each of which is an amount repaid by the operator before that time under an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b;

and

(d)  25 % of the total of all amounts each of which is an amount repaid by the operator before that time, pursuant to an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph b.1; exceeds

(2)  the aggregate of

(a)  the total of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(b)  the total of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(c)  the total of all amounts each of which is an amount allowed to the operator, for a fiscal year ending after 12 May 1994 and before that time, as an exploration, mineral deposit evaluation and mine development allowance under subparagraph e of paragraph 2 of section 8; and

(d)  the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of paragraph 1, that the operator received or was entitled to receive before that time;

(e)  25 % of the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph b.1 of paragraph 1 that the operator received or was entitled to receive before that time.

1994, c. 47, s. 16; 1999, c. 83, s. 6; 2002, c. 40, s. 14; 2003, c. 8, s. 6; 2004, c. 21, s. 31.

2003-11-27

16.1. Cumulative exploration, mineral deposit evaluation and mine development expenses, at any time, are the amount by which

(1)  the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the total of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964;

(b)  subject to sections 16.2 to 16.6, the total of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before that time, in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation;

(b.1)  25 % of the total of all amounts each of which is an amount referred to in subparagraph b, other than an amount relating to expenses referred to in paragraph c or d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167 of the Taxation Act (chapter I-3) that was taken into account in computing an amount that a corporation is deemed to have paid to the Minister of Revenue under any of sections 1029.8.36.168 to 1029.8.36.171 of that Act for a taxation year, that was incurred by the operator after 31 March 1998 and before that time but not later than 31 December 2003, in respect of exploration work performed

i.  in the territory in which the program entitled ‘Near North Mineral Exploration Program’, implemented by the Ministère des Ressources naturelles, de la Faune et des Parcs, applies, or

ii.  in the territory north of the 55°00″ north latitude;

(c)  the total of all amounts each of which is an amount repaid by the operator before that time under an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b;

and

(d)  25 % of the total of all amounts each of which is an amount repaid by the operator before that time, pursuant to an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph b.1; exceeds

(2)  the aggregate of

(a)  the total of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(b)  the total of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(c)  the total of all amounts each of which is an amount allowed to the operator, for a fiscal year ending after 12 May 1994 and before that time, as an exploration, mineral deposit evaluation and mine development allowance under subparagraph e of paragraph 2 of section 8; and

(d)  the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of paragraph 1, that the operator received or was entitled to receive before that time;

(e)  25 % of the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph b.1 of paragraph 1 that the operator received or was entitled to receive before that time.

1994, c. 47, s. 16; 1999, c. 83, s. 6; 2002, c. 40, s. 14; 2003, c. 8, s. 6.

2002-10-17

16.1. Cumulative exploration, mineral deposit evaluation and mine development expenses, at any time, are the amount by which

(1)  the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the total of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964;

(b)  subject to sections 16.2 to 16.6, the total of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before that time, in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation;

(b.1)  25 % of the total of all amounts each of which is an amount referred to in subparagraph b, other than an amount relating to expenses referred to in paragraph c or d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167 of the Taxation Act (chapter I-3) that was taken into account in computing an amount that a corporation is deemed to have paid to the Minister of Revenue under any of sections 1029.8.36.168 to 1029.8.36.171 of that Act for a taxation year, that was incurred by the operator after 31 March 1998 and before that time but not later than 31 December 2003, in respect of exploration work performed

i.  in the territory in which the program entitled ‘Near North Mineral Exploration Program’, implemented by the Ministère des Ressources naturelles, applies, or

ii.  in the territory north of the 55°00″ north latitude;

(c)  the total of all amounts each of which is an amount repaid by the operator before that time under an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b;

and

(d)  25 % of the total of all amounts each of which is an amount repaid by the operator before that time, pursuant to an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph b.1; exceeds

(2)  the aggregate of

(a)  the total of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(b)  the total of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(c)  the total of all amounts each of which is an amount allowed to the operator, for a fiscal year ending after 12 May 1994 and before that time, as an exploration, mineral deposit evaluation and mine development allowance under subparagraph e of paragraph 2 of section 8; and

(d)  the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of paragraph 1, that the operator received or was entitled to receive before that time;

(e)  25 % of the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph b.1 of paragraph 1 that the operator received or was entitled to receive before that time.

1994, c. 47, s. 16; 1999, c. 83, s. 6; 2002, c. 40, s. 14.

1999-12-20

16.1. Cumulative exploration, mineral deposit evaluation and mine development expenses, at any time, are the amount by which

(1)  the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the total of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964;

(b)  subject to sections 16.2 to 16.6, the total of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before that time, in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation;

(b.1)  25 % of the total of all amounts each of which is an amount referred to in subparagraph b that was incurred by the operator after 31 March 1998 and before that time in respect of exploration work performed

i.  in the territory in which the program entitled ‘Near North Mineral Exploration Program’, implemented by the Ministère des Ressources naturelles, applies, or

ii.  in the territory north of the 54°00″ north latitude ;

(c)  the total of all amounts each of which is an amount repaid by the operator before that time under an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b;

and

(d)  25 % of the total of all amounts each of which is an amount repaid by the operator before that time, pursuant to an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph b.1; exceeds

(2)  the aggregate of

(a)  the total of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(b)  the total of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(c)  the total of all amounts each of which is an amount allowed to the operator, for a fiscal year ending after 12 May 1994 and before that time, as an exploration, mineral deposit evaluation and mine development allowance under subparagraph e of paragraph 2 of section 8; and

(d)  the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of paragraph 1, that the operator received or was entitled to receive before that time;

(e)  25 % of the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph b.1 of paragraph 1 that the operator received or was entitled to receive before that time.

1994, c. 47, s. 16; 1999, c. 83, s. 6.

1994-12-21

16.1. Cumulative exploration, mineral deposit evaluation and mine development expenses, at any time, are the amount by which

(1)  the aggregate of

(a)  subject to paragraph c of section 27, as it read before 13 May 1994, the total of all amounts each of which is a deductible expense referred to in paragraph m or n of section 8, as it read before 13 May 1994, and incurred by the operator after 31 December 1964;

(b)  subject to sections 16.2 to 16.6, the total of all amounts each of which is a deductible expense incurred by the operator after 12 May 1994 and before that time, in respect of exploration, mineral deposit evaluation and mine development work performed in connection with the operator’s mining operation; and

(c)  the total of all amounts each of which is an amount repaid by the operator before that time under an obligation to repay, in whole or in part, government assistance relating to an amount referred to in subparagraph a or b;

exceeds

(2)  the aggregate of

(a)  the total of all amounts each of which is an amount allowed to the operator as a development allowance under paragraph o of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(b)  the total of all amounts each of which is an amount deducted by the operator under paragraph m or n of section 8, as it read before 13 May 1994, in computing his annual profit for a fiscal year ending before 13 May 1994;

(c)  the total of all amounts each of which is an amount allowed to the operator, for a fiscal year ending after 12 May 1994 and before that time, as an exploration, mineral deposit evaluation and mine development allowance under subparagraph e of paragraph 2 of section 8; and

(d)  the total of all amounts each of which is an amount of government assistance relating to an amount referred to in subparagraph a or b of paragraph 1, that the operator received or was entitled to receive before that time.

1994, c. 47, s. 16.