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Financial Services and Financial Institutions (GST/HST) Regulations

Version of section 4 from 2011-03-03 to 2024-04-01:

  •  (1) In this section,

    instrument

    instrument means money, an account, a credit card voucher, a charge card voucher or a financial instrument; (effet)

    person at risk

    person at risk, in respect of an instrument in relation to which a service referred to in subsection (2) is provided, means a person who is financially at risk by virtue of the acquisition, ownership or issuance by that person of the instrument or by virtue of a guarantee, an acceptance or an indemnity in respect of the instrument, but does not include a person who becomes so at risk in the course of, and only by virtue of, authorizing a transaction, or supplying a clearing or settlement service, in respect of the instrument. (personne à risque)

  • (2) Subject to subsection (3), the following services, other than a service described in section 3, are prescribed for the purposes of paragraph (t) of the definition financial service in subsection 123(1) of the Act:

    • (a) the transfer, collection or processing of information, and

    • (b) any administrative service, including an administrative service in relation to the payment or receipt of dividends, interest, principal, claims, benefits or other amounts, other than solely the making of the payment or the taking of the receipt.

  • (3) A service referred to in subsection (2) is not a prescribed service for the purposes of paragraph (t) of the definition financial service in subsection 123(1) of the Act where the service is supplied with respect to an instrument by

    • (a) a person at risk,

    • (b) a person that is a member of the same closely related group as a person at risk, if the recipient of the service is not the person at risk or another person that is a member of the same closely related group as the person at risk, or

    • (c) an agent, salesperson or broker who arranges for the issuance, renewal or variation, or the transfer of ownership, of the instrument for a person at risk or a person that is a member of the same closely related group as the person at risk.

  • SOR/93-242, s. 2(F)
  • SOR/2001-61, s. 3
  • SOR/2011-56, s. 6

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