I-3 - Taxation Act

Section 1029.8.36.0.106.1 Disposition versions

2019-06-19

1029.8.36.0.106.1. In this division,

“associated group” in a taxation year means all the corporations that meet the following conditions:

(a)  the corporations are associated with each other in the taxation year; and

(b)  each corporation is a qualified corporation for the taxation year;

“biodiesel fuel” has the meaning assigned by subparagraph a.2 of the first paragraph of section 1 of the Fuel Tax Act (chapter T-1);

“eligible production of biodiesel fuel” of a qualified corporation for a particular month means the total number of litres of biodiesel fuel that corresponds to all of the qualified corporation’s shipments of biodiesel fuel for the particular month;

“month” means, in the case where a taxation year begins on a day in a calendar month other than the first day of that month, any period that begins on that day in a calendar month within the taxation year, other than the month in which the year ends, and that ends on the day immediately preceding that day in the calendar month that follows that month or, for the month in which the taxation year ends, on the day on which that year ends, and if there is no such immediately preceding day in the following month, on the last day of that month;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec where it carries on a business engaged in the production of biodiesel fuel, other than a corporation

(a)  that is exempt from tax for the year under Book VIII; or

(b)  that would be exempt from tax for the year under section 985, but for section 192;

“shipment of biodiesel fuel” of a qualified corporation in respect of a particular month means a shipment consisting of a number of litres of biodiesel fuel that the qualified corporation produces in Québec after 31 March 2017 and before 1 April 2023, that is sold in Québec in that period to the holder of a collection officer’s permit issued under the Fuel Tax Act (in subparagraph ii of subparagraph a of the second paragraph referred to as the “purchaser”) who takes possession of the biodiesel fuel in the particular month and before 1 April 2023, and that is intended for Québec.

For the purposes of the definition of “shipment of biodiesel fuel” in the first paragraph, the following rules apply:

(a)  a shipment of biodiesel fuel is destined for Québec only if

i.  where the shipment is delivered by the qualified corporation, the shipment is delivered and possession is taken in Québec, or

ii.  where subparagraph i does not apply, the manifest issued to the purchaser on taking possession of the shipment shows the shipment was delivered in Québec; and

(b)  if a qualified corporation produces biodiesel fuel in Québec after 31 March 2017 and stores it in a reservoir with biodiesel fuel it produced before 1 April 2017 or acquired before that date (in this subparagraph referred to as “previous stock”), a particular shipment drawn from the reservoir is deemed to be a shipment drawn from the previous stock up to the number of litres that corresponds to the previous stock immediately before the particular shipment.

2017, c. 29, s. 182; 2019, c. 14, s. 343.

2017-12-07

1029.8.36.0.106.1. In this division,

“associated group” in a taxation year means all the corporations that meet the following conditions:

(a)  the corporations are associated with each other in the taxation year; and

(b)  each corporation is a qualified corporation for the taxation year;

“average monthly price of crude oil” in respect of a particular month in a taxation year means the arithmetic average of the daily closing values, for the particular month, on the New York Mercantile Exchange (NYMEX) of the price per barrel of West Texas Intermediate in Oklahoma in the United States (WTI-Cushing), expressed in American dollars;

“biodiesel fuel” has the meaning assigned by subparagraph a.2 of the first paragraph of section 1 of the Fuel Tax Act (chapter T-1);

“eligible production of biodiesel fuel” of a qualified corporation for a particular month means the total number of litres of biodiesel fuel that corresponds to all of the qualified corporation’s shipments of biodiesel fuel for the particular month;

“month” means, in the case where a taxation year begins on a day in a calendar month other than the first day of that month, any period that begins on that day in a calendar month within the taxation year, other than the month in which the year ends, and that ends on the day immediately preceding that day in the calendar month that follows that month or, for the month in which the taxation year ends, on the day on which that year ends, and if there is no such immediately preceding day in the following month, on the last day of that month;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec where it carries on a business engaged in the production of biodiesel fuel, other than a corporation

(a)  that is exempt from tax for the year under Book VIII; or

(b)  that would be exempt from tax for the year under section 985, but for section 192;

“shipment of biodiesel fuel” of a qualified corporation in respect of a particular month means a shipment consisting of a number of litres of biodiesel fuel that the qualified corporation produces in Québec after 31 March 2017 and before 1 April 2018, that is sold in Québec in that period to the holder of a collection officer’s permit issued under the Fuel Tax Act (in subparagraph ii of subparagraph a of the second paragraph referred to as the “purchaser”) who takes possession of the biodiesel fuel in the particular month and before 1 April 2018, and that is intended for Québec.

For the purposes of the definition of “shipment of biodiesel fuel” in the first paragraph, the following rules apply:

(a)  a shipment of biodiesel fuel is destined for Québec only if

i.  where the shipment is delivered by the qualified corporation, the shipment is delivered and possession is taken in Québec, or

ii.  where subparagraph i does not apply, the manifest issued to the purchaser on taking possession of the shipment shows the shipment was delivered in Québec; and

(b)  if a qualified corporation produces biodiesel fuel in Québec after 31 March 2017 and stores it in a reservoir with biodiesel fuel it produced before 1 April 2017 or acquired before that date (in this subparagraph referred to as “previous stock”), a particular shipment drawn from the reservoir is deemed to be a shipment drawn from the previous stock up to the number of litres that corresponds to the previous stock immediately before the particular shipment.

2017, c. 29, s. 182.