I-3 - Taxation Act

Section 467.1 Disposition versions

2023-09-26

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, a pooled registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan, a tax-free savings account or a first home savings account;

(b)  by an employee trust, an employee life and health trust, a segregated fund trust within the meaning of subparagraph k of the first paragraph of section 835, a trust described in subparagraph a.1 of the third paragraph of section 647, a trust described in paragraph m of section 998 or a private foundation that is a registered charity;

(c)  (paragraph repealed);

(c.1)  by an environmental trust; or

(d)  by a trust that acquired the property, or other property for which the property is a substitute, from a particular individual, if

i.  the particular individual acquired the property or the other property, as the case may be, in respect of another individual because of the application of subsection 1 of section 122.61 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), section 4 of the Universal Child Care Benefit Act, enacted by section 168 of the Budget Implementation Act, 2006 (S.C. 2006, c. 4), or section 1029.8.61.18, and

ii.  the trust has no beneficiaries, within the meaning of the second paragraph of section 646, who may for any reason receive directly from the trust all or part of the income or capital of the trust other than individuals in respect of whom the particular individual acquired property because of the application of a provision described in subparagraph i.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87; 2010, c. 25, s. 31; 2011, c. 6, s. 132; 2015, c. 21, s. 173; 2015, c. 36, s. 22; 2020, c. 16, s. 70; 2023, c. 19, s. 34.

2020-09-24

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, a pooled registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account;

(b)  by an employee trust, an employee life and health trust, a segregated fund trust within the meaning of subparagraph k of the first paragraph of section 835, a trust described in subparagraph a.1 of the third paragraph of section 647, a trust described in paragraph m of section 998 or a private foundation that is a registered charity;

(c)  (paragraph repealed);

(c.1)  by an environmental trust; or

(d)  by a trust that acquired the property, or other property for which the property is a substitute, from a particular individual, if

i.  the particular individual acquired the property or the other property, as the case may be, in respect of another individual because of the application of subsection 1 of section 122.61 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), section 4 of the Universal Child Care Benefit Act, enacted by section 168 of the Budget Implementation Act, 2006 (S.C. 2006, c. 4), or section 1029.8.61.18, and

ii.  the trust has no beneficiaries, within the meaning of the second paragraph of section 646, who may for any reason receive directly from the trust all or part of the income or capital of the trust other than individuals in respect of whom the particular individual acquired property because of the application of a provision described in subparagraph i.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87; 2010, c. 25, s. 31; 2011, c. 6, s. 132; 2015, c. 21, s. 173; 2015, c. 36, s. 22; 2020, c. 16, s. 70.

2015-12-04

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, a pooled registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account;

(b)  by an employee trust, an employee life and health trust, a segregated fund trust within the meaning of subparagraph k of the first paragraph of section 835, a trust described in subparagraph a.1 of the third paragraph of section 647, a trust described in paragraph m of section 998 or a private foundation that is a registered charity;

(c)  (paragraph repealed);

(c.1)  by an environmental trust; or

(d)  by a prescribed trust.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87; 2010, c. 25, s. 31; 2011, c. 6, s. 132; 2015, c. 21, s. 173; 2015, c. 36, s. 22.

2015-10-21

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, a pooled registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account;

(b)  by an employee trust, an employee life and health trust, a segregated fund trust within the meaning of subparagraph k of the first paragraph of section 835, a trust described in subparagraph a.1 of the third paragraph of section 647, a trust described in paragraph m of section 998 or a private foundation that is a registered charity;

(c)  by a trust that is not resident in Canada, is resident in a country under the laws of which an income tax is imposed, is exempt under the laws of the country in which it is resident from the payment of income tax to the government of that country, and was established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits;

(c.1)  by an environmental trust; or

(d)  by a prescribed trust.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87; 2010, c. 25, s. 31; 2011, c. 6, s. 132; 2015, c. 21, s. 173.

2011-06-06

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account;

(b)  by an employee trust, an employee life and health trust, a segregated fund trust within the meaning of subparagraph k of the first paragraph of section 835, a trust described in subparagraph a.1 of the third paragraph of section 647 or a trust described in paragraph m of section 998;

(c)  by a trust that is not resident in Canada, is resident in a country under the laws of which an income tax is imposed, is exempt under the laws of the country in which it is resident from the payment of income tax to the government of that country, and was established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits;

(c.1)  by an environmental trust; or

(d)  by a prescribed trust.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87; 2010, c. 25, s. 31; 2011, c. 6, s. 132.

2010-10-27

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account;

(b)  by an employee trust, a segregated fund trust within the meaning of subparagraph k of the first paragraph of section 835, a trust referred to in subparagraph a.1 of the third paragraph of section 647 or a trust referred to in paragraph m of section 998;

(c)  by a trust that is not resident in Canada, is resident in a country under the laws of which an income tax is imposed, is exempt under the laws of the country in which it is resident from the payment of income tax to the government of that country, and was established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits;

(c.1)  by an environmental trust; or

(d)  by a prescribed trust.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87; 2010, c. 25, s. 31.

2009-06-04

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account;

(b)  by an employee trust, a segregated fund trust within the meaning of paragraph k of section 835, a trust referred to in subparagraph a.1 of the third paragraph of section 647 or a trust referred to in paragraph m of section 998;

(c)  by a trust that is not resident in Canada, is resident in a country under the laws of which an income tax is imposed, is exempt under the laws of the country in which it is resident from the payment of income tax to the government of that country, and was established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits;

(c.1)  by an environmental trust; or

(d)  by a prescribed trust.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87.

2006-03-01

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered retirement savings plan or a registered supplementary unemployment benefit plan;

(b)  by an employee trust, a segregated fund trust within the meaning of paragraph k of section 835, a trust referred to in subparagraph a.1 of the third paragraph of section 647 or a trust referred to in paragraph m of section 998;

(c)  by a trust that is not resident in Canada, is resident in a country under the laws of which an income tax is imposed, is exempt under the laws of the country in which it is resident from the payment of income tax to the government of that country, and was established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits;

(c.1)  by an environmental trust; or

(d)  by a prescribed trust.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128.