Excise Tax Act (R.S.C., 1985, c. E-15)

Marginal note:Real property of certain public service bodies

• 209 (1) If a registrant (other than a financial institution or a government) is a public service body, section 141.2 and subsections 199(2) to (4) and 200(2) and (3) apply, with any modifications that the circumstances require, to real property acquired by the registrant for use as capital property of the registrant or, in the case of subsection 199(4), to improvements to real property that is capital property of the registrant, as if the real property were personal property.

• Marginal note:Real property of certain Crown agents

  (2) If a registrant (other than a financial institution) is a specified Crown agent, section 141.2 and subsections 199(2) to (4) and 200(2) and (4) apply, with any modifications that the circumstances require, to real property acquired by the registrant for use as capital property of the registrant or, in the case of subsection 199(4), to improvements to real property that is capital property of the registrant, as if the real property were personal property.

• Marginal note:Exception

  (3) Despite subsections (1) and (2), section 141.2 and subsections 200(3) and (4) do not apply to

  • (a) a supply of a residential complex or an interest in one made by way of sale; or

  • (b) a supply of real property made by way of sale to an individual.

210 [Repealed, 1993, c. 27, s. 75]

Marginal note:Election for real property of a public service body

• 211 (1) Where a public service body files an election made under this subsection in respect of

  • (a) real property that is capital property of the body,

  • (b) real property of the body that is held by the body in inventory for the purpose of supply, or

  • (c) real property acquired by the body by way of lease, licence or similar arrangement for the purpose of making a supply of the property by way of lease, licence or similar arrangement or making a supply of the arrangement by way of assignment,

  throughout the period the election is in effect, subsection 193(1) and section 206 apply, and section 209 does not apply, to the property.

• Marginal note:Deemed sale where election

  (2) For the purposes of this Part, where a public service body has filed an election made under subsection (1) in respect of real property described in paragraph (1)(a) or (b) that takes effect on a particular day and the body does not acquire the property on the particular day or become a registrant on the particular day, the body shall be deemed

  • (a) to have made, immediately before the particular day, a taxable supply of the property by way of sale and to have collected, on the particular day, tax in respect of the supply equal to the basic tax content of the property on the particular day; and

  • (b) to have received, on the particular day, a taxable supply of the property by way of sale and to have paid, on the particular day, tax in respect of the supply equal to the amount determined under paragraph (a).

• Marginal note:Effect of election

  (3) An election under subsection (1) in respect of real property of a person is effective for the period beginning on the day specified in the election and ending on the day that the person specifies in a notice of revocation of the election filed under this section.

• Marginal note:Deemed sale where revocation

  (4) For the purposes of this Part, where an election made under subsection (1) by a public service body in respect of real property described in paragraph (1)(a) or (b) is revoked and ceases to be effective on a day and the body does not cease to be a registrant on that day, the body shall be deemed

  • (a) to have made, immediately before that day, a taxable supply of the property by way of sale and to have collected, on that day, tax in respect of the supply equal to the basic tax content of the property on that day; and

  • (b) to have received, on that day, a taxable supply of the property by way of sale and to have paid, on that day, tax in respect of the supply equal to the basic tax content of the property on that day.

• Marginal note:Manner and form of election or revocation

  (5) An election made under subsection (1) by a person and a notice of revocation of such an election shall

  • (a) be made in prescribed form containing prescribed information;

  • (b) specify the real property in respect of which the election or notice applies and the day the election becomes effective or, in the case of a notice of revocation, ceases to be effective; and

  • (c) be filed with the Minister in prescribed manner within one month after the end of the reporting period of the person in which the election becomes effective or, in the case of a notice of revocation, ceases to be effective.

SUBDIVISION EElectronic Commerce

Interpretation

Marginal note:Definitions

• 211.1 (1) The following definitions apply in this Subdivision.

  accommodation platform

  accommodation platform means a digital platform through which a person facilitates the making of supplies of short-term accommodation situated in Canada by another person that is not registered under Subdivision D of Division V. (plateforme de logements)

  accommodation platform operator

  accommodation platform operator, in respect of a supply of short-term accommodation made through an accommodation platform, means a person (other than the supplier or an excluded operator in respect of the supply) that

  • (a) controls or sets the essential elements of the transaction between the supplier and the recipient;

  • (b) if paragraph (a) does not apply to any person, is involved, directly or through arrangements with third parties, in collecting, receiving or charging the consideration for the supply and transmitting all or part of the consideration to the supplier; or

  • (c) is a prescribed person. (exploitant de plateforme de logements)

  Canadian accommodation related supply

  Canadian accommodation related supply means a taxable supply of a service

  • (a) that is made to a person in connection with a supply of short-term accommodation situated in Canada made to the person; and

  • (b) the consideration for which represents a booking fee, administration fee or other similar charge. (fourniture liée à un logement au Canada)

  digital platform

  digital platform includes a website, an electronic portal, gateway, store or distribution platform or any other similar electronic interface but does not include

  • (a) an electronic interface that solely processes payments; or

  • (b) a prescribed platform or interface. (plateforme numérique)

  distribution platform operator

  distribution platform operator, in respect of a supply of property or a service made through a specified distribution platform, means a person (other than the supplier or an excluded operator in respect of the supply) that

  • (a) controls or sets the essential elements of the transaction between the supplier and the recipient;

  • (b) if paragraph (a) does not apply to any person, is involved, directly or through arrangements with third parties, in collecting, receiving or charging the consideration for the supply and transmitting all or part of the consideration to the supplier; or

  • (c) is a prescribed person. (exploitant de plateforme de distribution)

  electronic filing

  electronic filing means using electronic media in a manner specified by the Minister. (transmission électronique)

  excluded operator

  excluded operator means a person that, in respect of a supply of property or a service,

  • (a) meets all of the following conditions:

    • (i) the person does not set, directly or indirectly, any of the terms and conditions under which the supply is made,

    • (ii) the person is not involved, directly or indirectly, in authorizing the charge to the recipient of the supply in respect of the payment of the consideration for the supply, and

    • (iii) the person is not involved, directly or indirectly, in the ordering or delivery of the property or in the ordering or rendering of the service;

  • (b) solely provides for the listing or advertising of the property or service or for the redirecting or transferring to a digital platform on which the property or service is offered;

  • (c) is solely a payment processor; or

  • (d) is a prescribed person. (exploitant exclu)

  false statement

  false statement includes a statement that is misleading because of an omission from the statement. (faux énoncé)

  qualifying tangible personal property supply

  qualifying tangible personal property supply means a supply made by way of sale of tangible personal property that is, under the agreement for the supply, to be delivered or made available to the recipient in Canada, other than

  • (a) an exempt or zero-rated supply;

  • (b) a supply of tangible personal property sent by mail or courier to the recipient at an address in Canada from an address outside Canada by the supplier or by another person acting on behalf of the supplier, if the supplier maintains evidence satisfactory to the Minister that the property was so sent;

  • (c) a supply that is deemed under subsection 180.1(2) to have been made outside Canada; and

  • (d) a prescribed supply. (fourniture admissible d’un bien meuble corporel)

  specified Canadian recipient

  specified Canadian recipient means a recipient of a supply in respect of which the following conditions are met:

  • (a) the recipient has not provided to the supplier, or to a distribution platform operator in respect of the supply, evidence satisfactory to the Minister that the recipient is registered under Subdivision D of Division V; and

  • (b) the usual place of residence of the recipient is situated in Canada. (acquéreur canadien déterminé)

  specified distribution platform

  specified distribution platform means a digital platform through which a person facilitates the making of specified supplies by another person that is a specified non-resident supplier or facilitates the making of qualifying tangible personal property supplies by another person that is not registered under Subdivision D of Division V. (plateforme de distribution déterminée)

  specified non-resident supplier

  specified non-resident supplier means a non-resident person that does not make supplies in the course of a business carried on in Canada and that is not registered under Subdivision D of Division V. (fournisseur non-résident déterminé)

  specified supply

  specified supply means a taxable supply of intangible personal property or a service other than

  • (a) a supply of intangible personal property that

    • (i) may not be used in Canada,

    • (ii) relates to real property situated outside Canada, or

    • (iii) relates to tangible personal property ordinarily situated outside Canada;

  • (b) a supply of a service that

    • (i) may only be consumed or used outside Canada,

    • (ii) is in relation to real property situated outside Canada, or

    • (iii) is rendered in connection with criminal, civil or administrative litigation (other than a service rendered before the commencement of such litigation) that is under the jurisdiction of a court or other tribunal established under the laws of a country other than Canada or that is in the nature of an appeal from a decision of a court or other tribunal established under the laws of a country other than Canada;

  • (c) a supply of a service that is deemed under subsection 180.1(2) to have been made outside Canada;

  • (d) a supply of a service

    • (i) that is made to a person in connection with a supply of short-term accommodation made to the person, and

    • (ii) the consideration for which represents a booking fee, administration fee or other similar charge; and

  • (e) a prescribed supply. (fourniture déterminée)

• Marginal note:Registration

  (2) For greater certainty, in this Part (other than this Subdivision) and in Schedules V to X, a reference to registration does not include registration under this Subdivision.

Accommodations, Intangible Personal Property and Services

Marginal note:Residence indicators

• 211.11 (1) For the purposes of this Subdivision, the following are indicators in respect of the usual place of residence of a recipient of a supply:

  • (a) the home address of the recipient;

  • (b) the business address of the recipient;

  • (c) the billing address of the recipient;

  • (d) the Internet Protocol address of the device used by the recipient or similar data obtained through a geolocation method;

  • (e) payment-related information in respect of the recipient or other information used by the payment system;

  • (f) the information from a subscriber identity module, or other similar module, used by the recipient;

  • (g) the place at which a landline communication service is supplied to the recipient; and

  • (h) any other relevant information that the Minister may specify.

• Marginal note:Indicator — Canada and provinces

  (2) For the purposes of this section,

  • (a) a Canadian indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in Canada;

  • (b) a foreign indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated outside Canada;

  • (c) a participating province indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in a participating province; and

  • (d) a non-participating province indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in a non-participating province.

• Marginal note:Usual place of residence — Canada

  (3) For the purposes of this Subdivision, the usual place of residence of the recipient of a supply is situated in Canada if a person that is the supplier or a distribution platform operator in respect of the supply,

  • (a) in the ordinary course of the person’s operations, has obtained two or more Canadian indicators in respect of the recipient and has not obtained more than one foreign indicator in respect of the recipient;

  • (b) in the ordinary course of the person’s operations, has obtained two or more Canadian indicators in respect of the recipient and two or more foreign indicators in respect of the recipient, but the Canadian indicators are, in the circumstances, reasonably considered to be more reliable in determining a place of residence; or

  • (c) if paragraphs (a) and (b) do not apply, has determined that the usual place of residence of the recipient is situated in Canada based on any method that the Minister may allow.

• Marginal note:Usual place of residence — participating province address

  (4) For the purposes of this Subdivision, if the usual place of residence of the recipient of a supply is situated in Canada and if a person that is the supplier or a distribution platform operator in respect of the supply has obtained in the ordinary course of the person’s operations one or more addresses that are a home or business address of the recipient in a participating province and has not obtained in the ordinary course of the person’s operations the same number or a greater number of addresses that are a home or business address of the recipient in a non-participating province, the usual place of residence of the recipient is situated in the following participating province:

  • (a) if those addresses of the recipient that are in a participating province are all in the same participating province, that participating province; and

  • (b) if those addresses of the recipient that are in a participating province are in two or more participating provinces and if the tax rates for those participating provinces are the same, the participating province among those participating provinces that has the largest population.

• Marginal note:Usual place of residence — participating province indicators

  (5) For the purposes of this Subdivision, if the usual place of residence of the recipient of a supply is situated in Canada but is not determined under subsection (4) to be in a participating province and if a person that is the supplier or a distribution platform operator in respect of the supply has obtained in the ordinary course of the person’s operations one or more participating province indicators in respect of the recipient and has not obtained in the ordinary course of the person’s operations the same number or a greater number of non-participating province indicators in respect of the recipient that could reasonably be considered to be as reliable in determining a place of residence as those participating province indicators, the usual place of residence of the recipient is situated in the following participating province:

  • (a) if those participating province indicators are in respect of the same participating province, that participating province;

  • (b) if those participating province indicators are in respect of two or more participating provinces and the participating province indicators in respect of one of those participating provinces are, in the circumstances, reasonably considered to be more reliable in determining a place of residence, that participating province;

  • (c) if the usual place of residence of the recipient is not determined under paragraph (a) or (b) and if the person has determined that the usual place of residence of the recipient is situated in one of the participating provinces based on any method that the Minister may allow, that participating province; or

  • (d) if the usual place of residence of the recipient is not determined under any of paragraphs (a) to (c) and if those participating province indicators are in respect of two or more participating provinces, the participating province among those participating provinces for which the tax rate is the lowest or, if the tax rates for those participating provinces are the same, the participating province among those participating provinces that has the largest population.

• Marginal note:Usual place of residence — participating province

  (6) For the purposes of this Subdivision, if, in respect of a supply, the usual place of residence of the recipient is situated in Canada but is not determined under subsection (4) or (5) to be in a participating province and if a person that is the supplier or a distribution platform operator in respect of the supply has determined that the usual place of residence of the recipient is situated in a participating province based on any method that the Minister may allow, then the usual place of residence of the recipient is situated in that participating province.