R.R.O. 1990, Reg. 1013: GENERAL

 

Retail Sales Tax Act
Loi sur la taxe de vente au détail

R.R.O. 1990, REGULATION 1013

Amended to O. Reg. 326/05

GENERAL

Historical version for the period June 13, 2005 to July 27, 2005.

Disclaimer: This consolidation is not an official copy of the law because it is affected by one or more retroactive provisions which have not been incorporated into it. For information about the retroactive provisions, see O. Reg. 275/06, section 2 and O. Reg. 488/07, section 2.

This Regulation is made in English only.

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CONTENTS

Definitions

1. In the Act and this Regulation,

“advertising insert or supplement” means a printed publication that is provided as a promotional distribution with a newspaper and includes a catalogue, flyer, coupon book, pamphlet and a publication of a cultural, entertainment, sports or similar nature that serves as a program, but does not include a magazine as defined in section 1 of Regulation 1012 of the Revised Regulations of Ontario, 1990 or an advertising feature that is printed,

(a) by or for the publisher of the newspaper for exclusive distribution with that newspaper, and

(b) as a section or part of the newspaper that identifies the newspaper’s name and date of issue on its pages;

“as part of one transaction” does not include a transaction or transactions where several articles are purchased from different departments of the same vendor;

“boats, fishing nets and other fishing apparatus utilized in catching fish for human consumption, purchased by a person engaged in the business of fishing” includes the following classes of tangible personal property when purchased by a person who, with respect to the purchase of such property, provides the vendor with a signed statement certifying that the person is engaged in the business of fishing and that the property will be used exclusively in the conduct of that business:

Boats and General

anchors and chain

barometers

blocks, chocks and turnbuckles

boat bailers (hand bailer)

boats and scows

bolts (when part of boat)

charts and tide tables

depth sounders

direction finders

engines for boats (tanks, propeller, power take-off, shaft, stuffing box, reduction gear)

links and shackles for anchor

navigation lights and port-lights (boat window)

paint (if used for boat)

pumps (water and fuel) gear and galley

radio and radio equipment

radio telephones (ship to shore)

rope and wire cable (if used on boat or net)

sails, oars and row locks

seam fillers

signal bells and horns

steering wheels

tarpaulins and hatch covers

ventilators

wood, iron, etc., when component part of fish trap

Fishing Gear

buoys (indicate location of net)

burlap net covers (covers net when not in use)

fish hooks, gaffs and jigs

fish nets and netting, fish lines

net dye

otter trawl leather (part of net)

sinkers

trolling springs and swivels (part of line)

winch (gurdies);

“candy” does not include chocolate, sugar or honey sold for cooking purposes;

“capital investment” means, in respect of a religious, charitable or benevolent organization, the result of any construction project that, when complete, is real property, including real property that is leasehold property;

“catalogues” includes bound, stitched, sewed or stapled books or pamphlets containing a list and description of goods, wares, merchandise or services, with specific information, with or without price;

“children’s clothing” means,

(a) children’s dresses, suits, coats, blouses, sweaters, undershirts, pyjamas, combinations, snowsuits, overalls and other children’s garments that fit the upper half of or the whole body up to and including girl’s “Canada Standard Size” 16 or boy’s “Canada Standard Size” 20 or sweaters designated as girls or boys and sized small, medium or large,

(b) children’s trousers, slacks, jeans, slims, undershorts, briefs, outer shorts and other children’s garments that fit at or below the waist up to and including girl’s “Canada Standard Size” 16 or boy’s “Canada Standard Size” 20,

(c) dress and sport shirts designated for boys up to and including size 37 neck, and

(d) children’s hosiery or stretchy socks, hats and gloves in styles designated for children;

“coal” includes briquettes and charcoal and similar items specifically prepared and packaged for barbecue installations;

“community college” means a college of applied arts and technology that offers programs of instruction in day or evening courses for full-time or part-time students in one or more fields of vocational, technological, general and recreational education and training;

“confections” includes chocolate coated nuts and preparations of fruits, nuts or popcorn in combination with chocolate, sugar or honey;

“construction contract” means a contract for erecting, remodelling or repairing a building or other structure on land and includes lump-sum, cost-plus and time and material contracts, but does not include a contract for the sale and installation of machinery, appliances or equipment that the contractor has sold;

“container” means an article or device that is used for the purpose of packaging tangible personal property for shipment or delivery to the consumer;

“contractor” means a person in the business of constructing, altering, repairing or improving real property for others and includes,

(a) a general contractor and subcontractor,

(b) a carpenter, bricklayer, stonemason, electrician, plasterer, plumber, painter, decorator, paver and bridge builder,

(c) a sheet metal, steel, tile and terrazzo, heating, air conditioning, insulating, ventilating, papering, road, roofing and cement contractor, and

(d) any other person,

who installs on or incorporates into real property, tangible personal property for another person, but does not include a contractor while engaged in manufacturing tangible personal property for sale while acting as a manufacturer as defined in this section;

“dentist” means a person licensed under Part II of the Health Disciplines Act;

“denture therapist” means a person licensed under the Denture Therapists Act to engage in the practice of denture therapy or the practice of supervised denture therapy;

“dentures” and “dental appliances” include,

(a) gold, amalgam, porcelain or any other kind of dental filling and cotton used in preparing the patient’s teeth for filling and other supplies likewise used,

(b) materials to be processed, fabricated into, attached to or incorporated into a denture or dental appliance, or

(c) impression materials for use in dentistry,

if used by a dentist or denture therapist, but “dentures” and “dental appliances” do not include any other instrument or equipment used in the provision of dental services or treatment to patients;

“drugs and medicines” includes,

(a) X-ray film,

(b) any substance or mixture of substances that may be used for the diagnosis, treatment, mitigation or prevention of disease in a person or an animal,

(c) any articles that are used up or expended during the diagnosis, treatment, mitigation or prevention of disease in a person or animal, including cotton batting, disposable hypodermic needles, foam pads, gauze, sponges, surgical adhesives, surgical soap and tongue depressors but does not include re-usable instruments, and

(d) any substance or mixture of substances that may be used in restoring, correcting or modifying organ functions,

but does not include,

(e) disinfectants,

(f) rodent exterminators,

(g) insecticides and pesticides for external use on pets,

(h) pet foods and pet food supplements, whether medicated or otherwise, and

(i) cosmetics of all kinds, whether medicated or otherwise, including hair tonics, shampoos, toothpastes, shaving creams, beauty aids, toiletries, depilatories and perfumes;

“drugs and medicines when sold on the prescription of a physician, dentist or veterinarian” includes drugs and medicines administered by a physician, dentist or veterinarian and those administered to patients in a hospital;

“educational institution” means a school or university;

“equipment designed solely for the use of persons who are chronic invalids or persons with a physical disability” includes hypodermic needles and syringes for the injection of insulin and self-diagnostic equipment used by diabetics in determining blood glucose levels;

“farming” includes,

(a) tillage of the soil for the purpose of growing sod, trees, shrubs, bushes, seeds and seedlings, flowers, flowers for use as cut flowers, plants and bulbs from which plants or flowers may be grown,

(b) breeding of fur-bearing animals for the purpose of selling their pelts, and

(c) propagation and cultivation of plants within a hothouse, greenhouse or other enclosed structure designed for the protection of plants;

“fishing” means fishing within the meaning of section 248 of the Income Tax Act (Canada);

“food products” includes poultry or other livestock purchased for human consumption, insulin, vitamins, artificial sweeteners and any dietary supplement or adjunct that is not a drug or medicine, but does not include liquor, beer, wine, chewing gum, lozenges, cat, dog, bird or other animal foods, root beer extracts, malt and malt extracts;

“fuel oil that is not taxed under the Fuel Tax Act” includes kerosene and naphtha gas when used for heating or lighting;

“livestock” means cattle, sheep, goats, hogs, poultry, horses, mules, ponies, donkeys and bees, but does not include pets such as cats, dogs and other small animals, live fish and birds;

“local board” means a school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any Act with respect to any affairs or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof;

“local services board” means a local services board established under the Local Services Boards Act;

“logging operations” means,

(a) felling and sawing of trees into desired lengths of log,

(b) skidding or otherwise moving the logs to central assembly points including skidways, landings or log dumps,

(c) loading of the logs onto transportation equipment, and

(d) moving the logs to the log dump at the sawmill,

and includes the construction and maintenance of log haul roads and dump areas, clearing and preparation of land for tree harvesting and reforestation, and planting of tree seeds and seedlings within timber cutting limits, but does not include salvaging of logs, processing of logs into lumber products or the marketing of lumber products;

“manufacturer” or “producer” means a person who manufactures, fabricates, produces or assembles, as applicable, tangible personal property for sale, where the fair value of such tangible personal property sold to others exceeds $5,000, or where the fair value of such tangible personal property manufactured for that person’s own use exceeds $50,000, in the fiscal year, but does not include,

(a) a barrister, solicitor, notary, accountant, engineer or architect to the extent that such person produces printed matter in connection with the rendering of professional services,

(b) a restaurateur, caterer or person in the business of producing prepared food products, snack foods, confections or beverages in an eating establishment, centralized kitchen or similar facility, whether or not the prepared food products, snack foods, confections or beverages are for consumption on the premises of that restaurateur, caterer or person,

(c) a public hospital, school, school board or university,

(d) a religious, charitable, benevolent or non-profit organization to the extent that it manufactures stage props, sets and costumes for use by the organization in its staging of a live theatrical or musical performance, or

(e) a person who designs and develops computer programs to the extent that the programs are exempt from tax under paragraph 62 of subsection 7 (1) of the Act;

“municipality” means The Municipality of Metropolitan Toronto and the corporation of a county, city, town, village, township or improvement district and includes a local board thereof and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes in an unorganized township or unsurveyed territory;

“natural water” includes water that has been treated for the control of impurities in the interest of public health, but does not include water that is sold in bottles and other containers each containing one litre or less;

“newspapers” means unbound printed publications that are usually issued daily or weekly that contain news, advertising and literary matter and includes,

(a) Revoked:  O. Reg. 201/95, s. 1 (1).

(b) magazines as defined in section 1 of Regulation 1012 of the Revised Regulations of Ontario, 1990 that are distributed with a newspaper, and

(c) advertising features that are printed as a section or part of a newspaper by or for the publisher of the newspaper for exclusive distribution with that newspaper and that identify the newspaper’s name and date of issue on its pages,

but does not include,

(d) a publication that is an advertising insert or supplement, or

(e) an envelope wrapper, folder or other covering for the distribution of promotional materials;

“non-profit organization” means a club, society, association or any group organized and operated exclusively for social welfare, civic improvement, pleasure or recreation or for any other purpose except profit, no part of the income of which is payable to or otherwise available for the personal benefit of any organizer, trustee, officer or member thereof, except reasonable compensation paid to such persons, employees, performers or others for work and services actually performed by them, but does not include a registered charity within the meaning of the Income Tax Act (Canada);

“non-resident contractor” means a contractor, whether an individual or a corporation, who has not maintained in Ontario, continuously for a period of twelve months immediately preceding the date of the signing of any particular contract, a permanent establishment as defined in section 4 of the Corporations Tax Act in respect of corporations but does not include a company incorporated under the laws of Ontario;

“oculist” means a physician who specializes in diseases of the eyes and whose services include, in addition to the examination of the eyes and treatment of diseases pertaining to sight, the prescription of glasses or spectacles where necessary;

“optical appliances” means any lenses ground to correct any visual or muscular error or defect of the eye and includes the frame or other apparatus to which any such lenses are attached in order to maintain them in place on the face of the wearer and repair parts to such frame or other apparatus, but does not include any other frame or apparatus;

“optometrist” includes an oculist and means a person who examines the eyes for the purpose of determining if glasses are necessary and, if so, prescribes for them;

“orthopaedic appliances” include trusses and parts, surgical supports and appliances and parts, spinal braces, sacro-iliac belts and supports, surgical weight elastic support hosiery and orthotic devices and custom-made corrective footwear, but does not include shoulder braces, athletic supports, suspensories, arch, ankle, knee and like supports, including bracer and sporter types;

“parts” means parts used in the repair or replacement of existing exempt tangible personal property, but does not include accessories;

“performer” means a person who takes an active part in a performance, but does not include a manager, director, producer, stagehand, designer, hairdresser or applier of makeup;

“person engaged in the business of farming” means a person who undertakes farming with a reasonable expectation of profit;

“person engaged in the business of fishing” means a person who undertakes fishing with a reasonable expectation of profit;

“physician” means a legally qualified medical practitioner;

“premises” means the entire building, tent or other structure, together with contiguous lands or any lands whether enclosed or not, in or on any part of which the vendor, by permission, licence, grant, privilege or by any other right whatsoever, makes sales, but in business blocks, apartments or other buildings in which separate and distinct rooms and apartments are owned, leased or occupied by more than one tenant, such separate and distinct rooms or apartments constitute separate premises, and includes hotels, tourist courts, motels, boarding houses and other lodging places;

“prepared food products” means meals, lunches, food products sold hot, individual portions of prepackaged snack cake or pastry and other arrangements of food purchased from an eating establishment for consumption on or off the premises where the food is sold and includes non-alcoholic beverages sold with or without other prepared food products and soft drinks sold with prepared food products as part of a single transaction at a total price that exceeds $4;

“prescription” means a formula or direction given in writing by a physician, dentist or veterinarian of a remedy for or as a treatment for a disease or a disorder, prescribing the ingredients with or without the method of using;

“price list” means numerical or alphabetical enumeration of goods, wares, merchandise items or services, quoting wholesale or retail prices or both and printed on cards or sheets of paper presented in loose-leaf form, stapled, stitched or bound;

“producing”, “fabricating”, “processing”, “printing” and “imprinting” include any operation that results in the creation or production of tangible personal property or that is a step in a process or series of operations resulting in the creation or production of tangible personal property;

“railway rolling stock” means rolling stock capable of operating exclusively on rails as distinct from pavements or other roads;

“registered mail” or “registered letter” means any form of postal delivery service for which a receipt is obtained from the addressee, and includes certified delivery mail;

“religious”, “charitable” or “benevolent organization” means any organization defined as a “registered charity” by subsection 248 (1) of the Income Tax Act (Canada) and that holds a registration number issued by the Department of National Revenue;

“school” means,

(a) a public school, separate school or secondary school under the jurisdiction of a school board,

(b) the body of pupils enrolled in any of the elementary or secondary school courses of study in an educational institution operated by the Government of Ontario,

(c) a nursing assistant’s school, and

(d) a private school as defined in the Education Act that is operated by a religious, charitable or benevolent organization;

“school board” means a board of education, a public school board, a secondary school board, a Roman Catholic separate school board or a Protestant separate school board;

“snack foods” includes potato chips, popcorn, salted nuts, pretzels, ice cream bars, popsicles or individual portions of ice cream, however packaged, or snack cake or pastry packaged by the manufacturer in individual portions for sale as such off the premises where the snack cake or pastry is manufactured and includes any food or foods similar to snack cake or pastry but does not include individual portions of prepackaged snack cake or pastry purchased from an eating establishment;

“soft drinks” means non-alcoholic beverages consisting of,

(a) fruit juices, flavouring or sweetening, or any combination of them and carbonated water,

(b) soda, sparkling water, mineral water and water but does not include soda, sparkling water, mineral water or water sold in bottles or other containers each containing in excess of one litre,

(c) non-carbonated fruit juice beverages or fruit drinks containing less than 25 per cent by volume of a natural fruit juice or combination of natural fruit juices or a natural fruit juice or combination of natural fruits that have been reconstituted into the original state,

whether sold in bottles or other containers or by the glass and whether they are prepared at soda fountains or manufactured and includes preparations which when added to water produce a drink that is a drink set out in clause (a), (b) or (c);

“surety” means a contract in which one party agrees to be bound to the other party by the same obligations as may be owing by a named debtor or principal to the other party and agrees to pay an amount to the other party either upon the happening of an event or upon a default in payment to the other party by the named debtor or principal, and includes a letter of credit;

“tangible personal property” does not include gold or silver in their primary forms including bullion, dore, ingot, bar, grain, sheet, foil, powder, sponge, wire, rod and tube that must be further worked or manufactured, alloyed or fabricated in order to be processed into dental or jewellers’ supplies and supplies required by industry in other fields;

“transient accommodation” does not include,

(a) lodging supplied to students, patients, residents or employees in educational institutions, hospitals, nursing homes or homes for the aged,

(b) lodging, including the provision of prepared food products provided under an arrangement that combines the provision of lodging and prepared food products at a single price, supplied at a summer camp or similar place operated primarily for the purpose of providing a camping or other similar recreational experience to persons who are disabled, disadvantaged or underprivileged and who would not otherwise have an opportunity to attend a summer camp or similar place,

(c) tent or trailer sites supplied by a camp or trailer park,

(d) lodging where less than four rooms, suites of rooms, apartments, cottages or cabins are provided for the accommodation of tenants,

(e) lodging if the charge for the lodging is $10 or less per day or $70 or less per week, or

(f) rooms, situated in a hotel or other lodging place, that do not contain beds and that are used for displaying merchandise or holding meetings, dinners, receptions or entertainment;

“truck”, “highway truck tractors”, “truck trailers”, “tractor trailers” and “semi-trailers”, as used in paragraph 57 of subsection 7 (1) of the Act, includes cement trucks, dump trucks and air-conditioned produce trailers or similar special body vehicles with a gross vehicle mass rating of 11,778 kilograms or more and special bodies designed for the carriage of goods or freight where the bodies are designed for the purpose of installation on vehicles having a gross vehicle mass rating of 11,778 kilograms or more;

“unfinished stone” includes crushed stone and what is generally known as blast furnace slag but does not include any stone on which chipping or work other than crushing has been performed in order for the stone to be capable of being mortared to another piece of stone in building a stone structure;

“university” means a post-secondary educational institution that is, by an Act of the Assembly, authorized to grant degrees and any affiliated college or institution, a community college and a college of agricultural technology;

“vendor” includes a person who has no fixed place of business in Ontario, or an agent who makes sales on behalf of a principal, and where used in subsection 2 (20) of the Act includes any seller, but does not include a person engaged in the business of farming while that person is not engaged in any other activity but the business of farming;

“vessels” means ships, boats or other craft used in navigation on water;

“veterinarian” means a person duly qualified and licensed under the Veterinarians Act;

“volunteer group” means a group of citizens resident in an unorganized township who perform functions on behalf of, and in the public interest of, the community in that township in or near which they reside, provided that such group is organized and operated for any purpose except profit and that no part of the income from the organization or operation of the group is available for the personal benefit of any member of the group.  R.R.O. 1990, Reg. 1013, s. 1; O. Reg. 150/91, s. 1; O. Reg. 624/92, s. 1; O. Reg. 131/93, s. 1; O. Reg. 62/94, s. 1; O. Reg. 375/94, s. 1; O. Reg. 201/95, s. 1; O. Reg. 314/97, s. 1; O. Reg. 444/99, s. 1; O. Reg. 237/00, s. 1; O. Reg. 247/03, s. 1.

1.1 Revoked:  O. Reg. 391/04, s. 1.

2. For the purpose of clause (c) of the definition of “taxable service” in section 1 of the Act,

“dismantle” does not include the dismantling of scaffolding, formwork, hoarding, construction cranes, or temporary power or utilities used in the construction, renovation, maintenance, restoration or repair of real property;

“install” or “assemble” includes the erection of tangible personal property, but does not include the erection of scaffolding, formwork, hoarding, construction cranes, or temporary power or utilities used in the construction, renovation, maintenance, restoration or repair of real property;

“maintain” includes the assumption of a contractual obligation to maintain tangible personal property.  R.R.O. 1990, Reg. 1013, s. 2.

2.1 For purposes of the definition of “price of admission” in section 1 of the Act, as of the lst day of January, 1991,

“charge” does not include the tax imposed by Part IX of the Excise Tax Act (Canada).  O. Reg. 150/91, s. 2.

Responsibilities of Vendors

3. (1) A person shall provide the vendor with a purchase exemption certificate if,

(a) the person purchases from the vendor tangible personal property that the person alleges,

(i) is exempt from tax under paragraph 41 of subsection 7 (1) of the Act, or

(ii) is being purchased for the purpose of resale;

(b) the person purchases from the vendor a taxable service described in clause (a) of the definition of “taxable service” in section 1 of the Act that the person alleges is being purchased for the purpose of resale;

(c) the person receives a taxable service as described in clause (c) or (d) of the definition of “taxable service” in section 1 of the Act in respect of tangible personal property on which the person is not required to pay tax under the Act; or

(d) the person enters into a contract of insurance for which the premiums are exempt from tax under clause 2.1 (8) (b), (d), (e), (f), (j) or (k) of the Act or a contract of insurance prescribed under paragraph 1, 2 or 4 of subsection 9 (2) of this Regulation or the planholder provides a benefits plan for which the premiums are exempt under subsection 2.1 (18) of the Act.  O. Reg. 19/93, s. 1; O. Reg. 201/95, s. 2 (1).

(2) If a person purchases tangible personal property or a taxable service and does not submit a valid purchase exemption certificate to the vendor, the vendor shall collect tax from the person calculated on the price charged for the tangible personal property sold or the taxable service rendered.  R.R.O. 1990, Reg. 1013, s. 3 (2).

(3) A person who purchases tangible personal property for consumption or use in the exercise of a business or acquires or receives a taxable service in the exercise of a business shall not give the vendor from whom the person makes the purchase a purchase exemption certificate and the person shall pay tax to the vendor on the price charged for the tangible personal property or the taxable service.  R.R.O. 1990, Reg. 1013, s. 3 (3).

(4) Subsection (3) does not apply where the person is a vendor who is the holder of a “G” permit as provided in section 4.  R.R.O. 1990, Reg. 1013, s. 3 (4).

(5) If a person enters into a contract of insurance or a planholder provides a benefits plan and does not supply the vendor with a purchase exemption certificate as required by subsection (1) or a certification as required by section 3.1, 3.2 or 3.3, the vendor shall collect the tax imposed under section 2.1 of the Act.  O. Reg. 201/95, s. 2 (2).

3.1 (1) A holder of group insurance who is a vendor and who has remitted to the Minister the tax collected on charges paid to the holder by persons whose risks are covered by the policy shall issue a certificate to the insurer, signed by the holder, certifying the amount of the tax remitted to the Minister and shall deduct this amount from the tax otherwise payable on the premium by the holder.  O. Reg. 201/95, s. 3.

(2) Upon receipt of the certification, the insurer shall collect and remit to the Minister an amount equal to the difference between the tax payable on the premium paid by the holder to the insurer and the amount of tax referred to in the holder’s certification.  O. Reg. 201/95, s. 3.

(3) Despite subsection (1), an employer who is a holder of group insurance to whom premiums are paid by the employees covered by the policy may elect to remit the amount of the tax collected from the employees to the insurer for remission to the Minister, in which case no certification shall be made to the insurer.  O. Reg. 201/95, s. 3.

(4) An election under subsection (3) may be made only when the contract of group insurance is entered into and applies for the duration of the contract, including any renewals of it.  O. Reg. 201/95, s. 3.

(5) Despite subsection (4), if the contract of group insurance was entered into before this section comes into force, the holder may make the election when the holder makes the first premium payment to the insurer after this section comes into force and such election applies for the duration of the contract, including any renewals of it.  O. Reg. 201/95, s. 3.

(6) Despite subsection (4), if an employer begins to collect premiums from employees with respect to a contract of group insurance entered into by the employer under which the premiums were previously paid by the employer to the insurer without any contribution from the employees, the holder may make an election at the time the holder makes the first premium payment to the insurer after the employer begins to collect premiums from the employees, and such election applies for the duration of the contract, including any renewals of it.  O. Reg. 201/95, s. 3.

(7) The insurer who receives any tax remitted by a holder of group insurance shall remit the tax received as required by section 5.  O. Reg. 201/95, s. 3.

3.2 (1) A planholder who is a vendor, other than by reason of clause (f) of the definition of “vendor” in section 1 of the Act, who has remitted tax to the Minister on amounts paid by members to the planholder shall issue a certificate to the vendor to whom the premium is paid, signed by the planholder, certifying the amount of tax remitted to the Minister and shall deduct this amount from the tax otherwise payable on the premium paid by the planholder.  O. Reg. 201/95, s. 3.

(2) Upon receipt of the planholder’s certification, the vendor shall collect and remit an amount equal to the difference between the tax payable on the premium paid by the planholder to the vendor and the amount of tax referred to in the planholder’s certification.  O. Reg. 201/95, s. 3.

(3) A planholder who is a vendor by reason only of clause (f) of the definition of “vendor” in section 1 of the Act who has collected tax on amounts paid by members to the planholder may forward the tax collected to another vendor in addition to tax on any other amounts required to be paid by the planholder to the other vendor.  O. Reg. 201/95, s. 3.

(4) If the planholder described in subsection (3) forwards all of the tax the planholder collects from its members to another vendor for remittance by that vendor, the planholder is not required to hold a vendor’s permit.  O. Reg. 201/95, s. 3.

(5) Despite subsection (1), an employer who is a planholder to whom premiums are paid by members in order to receive benefits under the plan may elect to remit the amount of the tax collected from the members to the vendor for remission to the Minister, in which case no certification shall be made to the vendor.  O. Reg. 201/95, s. 3.

(6) An election under subsection (5) may be made only when the planholder begins to provide the benefits plan and the election applies for the duration of the planholder’s administrative arrangement with the vendor to whom the planholder pays the premiums.  O. Reg. 201/95, s. 3.

(7) Despite subsection (6), if the benefits plan was provided before this section comes into force, the planholder may make the election when the planholder makes the first premium payment to the vendor after this section comes into force and such election applies for the duration of the planholder’s administrative arrangement with the vendor to whom the planholder pays the premiums.  O. Reg. 201/95, s. 3.

(8) Despite subsection (6), if a planholder begins to collect premiums from the members for a benefits plan under which the planholder did not previously collect any premiums from the members, the election may be made at the time the first premium payment is made to the vendor after the planholder begins to collect premiums from the members and such election applies for the duration of the planholder’s administrative arrangement with the vendor to whom the planholder pays the premiums.  O. Reg. 201/95, s. 3.

(9) The vendor who receives any tax remitted by a planholder shall remit the tax received as required by section 5.  O. Reg. 201/95, s. 3.

3.3 Whenever a vendor, other than a vendor described in subsection 3.1 (1) or 3.2 (1), receives premiums from another vendor who has collected tax on the premiums, the vendor who has collected the tax must certify to the vendor receiving the premiums, in a signed statement, that the tax has been remitted to the Minister.  O. Reg. 201/95, s. 3.

4. (1) The holder of a “G” permit is authorized at the holder’s discretion to purchase free from tax,

(a) tangible personal property without the issuance of a purchase exemption certificate required under section 3; and

(b) taxable services as described in clauses (a), (c) and (d) of the definition of “taxable service” in section 1 of the Act.  R.R.O. 1990, Reg. 1013, s. 4 (1); O. Reg. 19/93, s. 2 (1).

(2) When the holder of a “G” permit wishes to purchase tangible personal property or taxable services as described in clauses (a), (c) and (d) of the definition of “taxable service” in section 1 of the Act, free of tax, the holder shall notify the supplier that the holder is the holder of a “G” permit by placing the number thereof on the holder’s purchase order form.  R.R.O. 1990, Reg. 1013, s. 4 (2); O. Reg. 19/93, s. 2 (2).

(3) Every holder of a “G” permit shall file the holder’s returns in accordance with subsection 5 (1).  R.R.O. 1990, Reg. 1013, s. 4 (3).

(4) A vendor may obtain a “G” permit upon application to the Minister in writing where it is established that,

(a) the sales made by the vendor to purchasers in Ontario exceed $10 million per annum;

(b) the records of the vendor are audited annually by a recognized firm of public accountants and that the auditor’s report to the vendor, its directors or shareholders is available for inspection by the Minister and that the date of the report is less than one year prior to the date of the application for the “G” permit; and

(c) in the opinion of the Minister the credit rating of the vendor is sound.  R.R.O. 1990, Reg. 1013, s. 4 (4).

5. (1) On or before the 23rd day of each month, every vendor shall make a return to the Minister, on a form provided by the Minister, of all transactions described in subsection (1.0.1) that took place during the calendar month immediately preceding and shall remit to the Minister with the return the tax collectable or payable by the vendor during that month with respect to the transactions.  O. Reg. 429/95, s. 1.

(1.0.1) Subsection (1) applies to the following transactions:

1. Sales made by the vendor in Ontario.

2. The collection by the vendor of prices of admission to places of amusement in Ontario, including the collection of prices of admission sold on a subscription or season ticket basis.

3. Promotional distributions made by the vendor of admissions to places of amusement in Ontario.

4. The payment of premiums to the vendor.

5. Purchases made upon which the vendor paid no tax to the vendor in the purchase at the time of purchase based on purchase exemption certificates or otherwise and upon which tax is payable under the Act.

6. The payment of premiums in respect of a benefits plan administered by the planholder and upon which the planholder paid no tax to any other person at the time of the payment of the premium and upon which tax is payable under section 2.1 of the Act.  O. Reg. 429/95, s. 1.

(1.0.2) The tax that a vendor is required to pay under subsection (1) with respect to the collection by the vendor of prices of admission to places of amusement in Ontario sold on a subscription or season ticket basis shall be the amount collected or collectable as or on account of the tax payable by purchasers in respect of the admissions.  O. Reg. 429/95, s. 1.

(1.1) Every person who is liable to make a return and to remit tax pursuant to subsection 15.1 (1) of the Act shall make the return and remit the tax at the same time and in the same manner as is required of a vendor under this section.  O. Reg. 201/95, s. 4 (4).

(2) Revoked:  O. Reg. 429/95, s. 1.

(3) Despite subsection (1), the Minister may at any time require a vendor to make a return covering such period and including such information as the Minister may determine and the vendor shall remit to the Minister therewith the tax collectable or payable by the vendor during such period.  R.R.O. 1990, Reg. 1013, s. 5 (3); O. Reg. 201/95, s. 4 (6).

(4) Despite subsection (1), the Minister may, upon application in writing, authorize,

(a) a vendor whose records are maintained so that the vendor’s books are closed at the end of periods that do not coincide with calendar months but are never longer in duration than five weeks; or

(b) a vendor whose records are maintained so that the vendor’s books are closed at the end of periods that are longer in duration than calendar months but never longer in duration than two months and who would be entitled on application to be granted a “G” permit under subsection 4 (4),

to file the returns required by subsection (1) with respect to such periods as are shorter or longer than calendar months.  R.R.O. 1990, Reg. 1013, s. 5 (4).

(5) Where the Minister has authorized a vendor to file returns for periods shorter or longer in duration than calendar months under subsection (4), the vendor shall, on or before the 1st day of March in each subsequent year, provide the Minister with a statement indicating the precise dates upon which the vendor will end each such period during the calendar year or part thereof, as the case may be, commencing on the 1st day of April following.  R.R.O. 1990, Reg. 1013, s. 5 (5).

(6) Where the Minister has authorized a vendor to file returns for periods shorter or longer in duration than calendar months under subsection (4), the vendor shall make each return required by subsection (1) on or before the twenty-third day following the close of each such period, and the return shall provide the Minister with the information required by subsection (1) in respect of each period that closes twenty-three days before the date on or before which such return is due to be filed.  R.R.O. 1990, Reg. 1013, s. 5 (6).

(7) Despite subsection (1), where the total tax collectable or payable in any six consecutive months is,

(a) less than $2,000;

(b) $2,000 or more but less than $4,000; or

(c) $4,000 or more but less than $6,000,

the Minister may authorize or require any vendor to file the vendor’s returns under the Act for,

(d) six-month periods where the tax collectable or payable is the total referred to in clause (a);

(e) three-month periods where the tax collectable or payable is the total referred to in clause (b); or

(f) two-month periods where the tax collectable or payable is the total referred to in clause (c).  R.R.O. 1990, Reg. 1013, s. 5 (7); O. Reg. 237/00, s. 2.

(8) In any case where the Minister has authorized or required a vendor to file returns for extended periods under subsection (7), the vendor shall make the return required by subsection (1) or (6), as the case may be, within twenty-three days of the close of each such extended period, together with payment of the tax actually collectable and payable by the vendor during such period.  R.R.O. 1990, Reg. 1013, s. 5 (8).

(9) Where the Minister has authorized a vendor to file returns for extended periods under subsection (7) and the vendor fails to file a return within the time prescribed by subsection (8), the Minister may revoke the authorization granted, in which case the vendor will thereafter be required to file returns in accordance with subsection (1) or (6), as the case may be.  R.R.O. 1990, Reg. 1013, s. 5 (9).

(10) Every vendor shall make a separate return in respect of each place of business operated by the vendor, but, if each place of business makes a return of sales to a central office of the vendor where all accounting is centralized, a consolidated return for all places of business operated by the same vendor may be granted on application to the Minister.  R.R.O. 1990, Reg. 1013, s. 5 (10).

(11) Where the Minister approves the filing of a consolidated return by a vendor, the vendor shall not revert to an individual return for each place of business without the express permission of the Minister.  R.R.O. 1990, Reg. 1013, s. 5 (11).

(12) Subject to subsection (15), a vendor who has made sales of tangible personal property all of which is exempt from tax or has made no sales during the period for which the vendor is reporting shall file a return and so state.  R.R.O. 1990, Reg. 1013, s. 5 (12).

(13) A vendor who has made sales of tangible personal property on a basis whereby the purchase price is stipulated to be paid on terms or by instalments or otherwise and for that reason does not collect any part of the tax or the whole of it at the time of sale shall report the total amount of such sale and shall remit the total amount of the tax collectable thereon in the return required by subsection (1), (6), (8) or (15), as the case may be.  R.R.O. 1990, Reg. 1013, s. 5 (13).

(14) Despite subsection (12), a vendor whose business is operated on a seasonal basis so that the vendor makes no sales of tangible personal property during a particular period of any year may upon application in writing to the Minister be authorized not to file returns for the months during which the vendor does not operate the business.  R.R.O. 1990, Reg. 1013, s. 5 (14).

(15) Despite subsections (1), (6), (8) and (12), where a vendor whose business is operated on a seasonal basis has been authorized by the Minister under subsection (14) not to file returns for the months during which the vendor does not operate the business, and where the total tax collectable or payable in any six consecutive months or such lesser period as the vendor is in operation in a season is,

(a) less than $1,000;

(b) $1,000 or more but less than $2,000; or

(c) $2,000 or more but less than $3,000,

the Minister may authorize any such vendor to file the vendor’s return under the Act for,

(d) six-month periods or such lesser periods as the vendor is in operation in a season, where the tax collectable or payable is the total referred to in clause (a);

(e) three-month periods where the tax collectable or payable is the total referred to in clause (b); or

(f) two-month periods where the tax collectable or payable is the total referred to in clause (c).  R.R.O. 1990, Reg. 1013, s. 5 (15).

(16) In any case where the Minister has authorized a vendor to file returns for extended periods under subsection (15), the vendor shall make the return required by subsection (1) or (6), as the case may be, within twenty-three days of the close of each such extended period, together with payment of the tax collectable and payable by the vendor during such period.  R.R.O. 1990, Reg. 1013, s. 5 (16).

(17) If proper payment has not been made with a return as required by this section, an officer of the Ministry of Finance holding any of the positions set out in the following paragraphs may, for any purpose related to the administration and enforcement of the Act, by registered letter or by a demand served personally, require that the vendor remit to the Minister the tax collectable and payable by the vendor during the period covered by the return within such reasonable time as is stipulated in the letter or demand:

1. Director, Retail Sales Tax Branch.

2. Director, Collections Branch.

3. Senior Manager, Audit, Retail Sales Tax Branch.

4. Senior Manager, Services and Revenue Control, Retail Sales Tax Branch.

5. Regional Audit Manager, Audit, Retail Sales Tax Branch.

6. Regional Manager, Services and Revenue Control, Retail Sales Tax Branch.

7. Regional Service Manager, Services and Revenue Control, Retail Sales Tax Branch.

8. Service Manager, Services and Revenue Control, Retail Sales Tax Branch.

9. Regional Collection Manager, Collections Branch.

10. Collection Manager, Collections Branch.

11. Operations Officer, Services and Revenue Control, Retail Sales Tax Branch.

12. Operations Officer, Collections Branch.  O. Reg. 698/93, s. 1; O. Reg. 201/95, s. 4 (7); O. Reg. 355/04, s. 1 (1).

(18) If a vendor is required by this section to remit to the Minister tax collectable or payable by the vendor during a period covered by a return, the vendor shall deduct from the amount to be remitted to the Minister any amount that the vendor has remitted during the period covered by the return to a person who is authorized under subsection 11 (1) of the Act to collect tax.  O. Reg. 355/04, s. 1 (2).

Returns Under Subsection 2 (18) of the Act

6. (1) Every person other than a vendor holding a vendor’s permit who is required to report the purchase of tangible personal property acquired by the person outside Ontario and which the person brings into or has delivered to the person in Ontario shall make a return to the Minister in such form as may be satisfactory to the Minister and shall pay the amount of tax that is payable with the filing of such return on or before the twenty-third day of the month following the month during which the person receives delivery of the taxable tangible personal property covered by the return.  R.R.O. 1990, Reg. 1013, s. 6.

(2) For the purposes of subsection 2.1 (14) of the Act, every person who pays a premium to a person who neither carries on business in Ontario nor holds a vendor’s permit under section 5 of the Act shall make a return in a form satisfactory to the Minister specifying the amount of the premium and shall pay any tax for which the person is liable under section 2.1 of the Act to the Minister with the return on or before the 23rd day of the month following the month when the person paid the premium.  O. Reg. 201/95, s. 5.

(3) Subsection (1) does not apply with respect to tangible personal property on which a returning resident paid tax under subsection 2.3 (3) of the Act or was not required to pay tax under subsection 2.3 (5) of the Act.  O. Reg. 445/99, s. 1.

Remittance of Tax

7. (1) A person making a return under section 5 who has remitted to an authorized collector any tax collectable or payable during the period covered by the return shall include with the return documents evidencing the remittance to the authorized collector.  O. Reg. 355/04, s. 2.

(2) For the purposes of this section,

“authorized collector” means a person who is authorized under subsection 11 (1) of the Act to collect tax from purchasers, consumers or vendors.  O. Reg. 355/04, s. 2.

8. (1) A person making a return under section 5 or section 6 together with the amount of tax collectable and payable shall deliver the return to the Minister on or before the twenty-third day after the close of the applicable period set out in section 5 or 6.  R.R.O. 1990, Reg. 1013, s. 8 (1).

(2) For the purposes of subsection (1), the day of delivery to the Minister shall be deemed to be,

(a) in the case of a return delivered to the Minister by Canada Post Corporation, by courier service or by the taxpayer personally, the day of receipt by the Minister of the return; or

(b) in the case of a return delivered to a bank or other financial institution authorized by the Minister to act as an agent of the Minister to receive amounts payable under the Act, the day of receipt by the institution.  R.R.O. 1990, Reg. 1013, s. 8 (2).

9. (1) Initiation and underwriting fees in respect of mortgage insurance are prescribed underwriting fees for the purposes of clause (a) of the definition of “premium” in subsection 1 (1) of the Act.  O. Reg. 27/03, s. 1.

(2) The following contracts of insurance are prescribed for the purpose of clause 2.1 (8) (m) of the Act:

1. A contract of insurance purchased out of premiums that had previously been paid into a benefits plan or into an insurance scheme or compensation fund established by or under any Act of Canada or Ontario and on which tax had been paid.

2. A contract of insurance purchased to cover claims made under warranty contracts subject to tax under subsection 2 (3) of the Act or a warranty that is included in the price of a manufacturer’s product, but not including a contract of insurance intended to indemnify losses to a warrantor beyond a specified dollar limit.

3. A contract of life insurance that includes an individual insured and members of his or her family or any other individual related to the insured by blood or adoption under a single policy.

4. A contract of bloodstock or livestock insurance purchased by a person engaged in the business of farming to insure livestock against loss through death, sickness, accident or theft of the animal.  O. Reg. 201/95, s. 6.

Collection of Tax by Vendor

10. (1) Every vendor, except a vendor authorized under subsection 40 (2) or (3) of the Act to use pricing that includes the tax, shall state and charge the tax to be collected on each taxable sale or premium separately from the sale price or the amount of the premium and shall show the tax separately from the sale price or the amount of the premium on any record, receipt, invoice, notice, ticket or other document that the vendor keeps or issues.  O. Reg. 201/95, s. 7.

(2) A vendor is not required to indicate that tax will be added to the price in any advertisement or price quotation with respect to tangible personal property, taxable services, admission to a place of amusement or the amount of a premium.  O. Reg. 201/95, s. 7.

(3) If a vendor, other than a vendor who has been authorized by the Minister under subsection 40 (2) or (3) of the Act to use pricing that includes the tax, quotes a price or fee for tangible personal property, taxable services, admission to a place of amusement or the amount of a premium without reference to the tax payable, the tax payable by the person or purchaser shall be calculated on the quoted price or fee.  O. Reg. 201/95, s. 7.

(4) A vendor who has been authorized under subsection 40 (2) or (3) of the Act to use pricing that includes the tax shall specify the rate or the amount of the tax payable under the Act by the person or purchaser by posting a sign in a prominent location at the vendor’s place of business, by setting out the information in a price list or menu or by distributing the information to employees with their pay.  O. Reg. 201/95, s. 7.

(5) If any person liable to pay tax under section 2.1 of the Act, other than under subsection 2.1 (6) or (6.1) of the Act, pays a premium to the vendor that is less than the premium and the tax indicated by the vendor to be payable, the vendor shall calculate the tax collectable and payable by multiplying the amount paid by 8/108 and shall remit the product as tax under section 5.  O. Reg. 201/95, s. 7; O. Reg. 319/01, s. 1 (1).

(6) If any person liable to pay tax under subsection 2.1 (6) or (6.1) of the Act pays an amount to the vendor that is less than the total amount of the premium and tax that was previously billed or otherwise indicated by the vendor to be payable and the amount is paid on account of a premium that is due before April 1, 2004, the vendor shall calculate and remit the tax collectable and payable in accordance with the following rules:

1. For premium payments due before May 3, 2000, multiply the amount paid by 5/105 and remit the resulting amount as tax under section 5.

2. For premium payments due after May 2, 2000 and before April 1, 2001, multiply the amount paid by 4/104 and remit the resulting amount as tax under section 5.

3. For premium payments due after March 31, 2001 and before April 1, 2002, multiply the amount paid by 3/103 and remit the resulting amount as tax under section 5.

4. For premium payments due after March 31, 2002 and before April 1, 2003, multiply the amount paid by 2/102 and remit the resulting amount as tax under section 5.

5. For premium payments due after March 31, 2003 and before April 1, 2004, multiply the amount paid by 1/101 and remit the resulting amount as tax under section 5.  O. Reg. 319/01, s. 1 (2).

10.1 Where a package or arrangement of items of tangible personal property referred to in subsection 3.1 (1) of Regulation 1012 of the Revised Regulations of Ontario, 1990 contains liquor, beer or wine, and subsections 3.1 (2), (3) and (4) of that Regulation do not apply, the vendor shall collect the tax under clause 2 (2) (b) of the Act on the fair value referred to in subsection 3.1 (1) of that Regulation.  O. Reg. 699/93, s. 1.

Tax on Transactions Held to be in Lieu of Transfer of Title

11. (1) Where a transaction involving a transfer of possession, a lease or a rental of tangible personal property occurs under a hire-purchase contract, a conditional sale contract or a sale that is designated as a lease or rental for the purpose of retaining title in the vendor as security for payment of the purchase price, the transaction shall be deemed to be a sale on credit and the tax involved in such transaction shall be payable on the total of the purchase price at the time the transaction is arranged.  R.R.O. 1990, Reg. 1013, s. 11 (1).

(2) Where tangible personal property is rented or leased and there is no commitment under the agreement on the part of the lessee to purchase the tangible personal property, the tax shall be calculated on the full rental payment.  R.R.O. 1990, Reg. 1013, s. 11 (2).

(3) Where tangible personal property is rented or leased under an agreement that grants the lessee an option to purchase the property, tax shall be paid,

(a) on the amount of rent paid, calculated in accordance with subsection (2), until the time the option is exercised; and

(b) where the option is exercised, on the amount to be paid in that event.  R.R.O. 1990, Reg. 1013, s. 11 (3).

Finance and Carrying Charges

12. (1) The fair value of tangible personal property sold, taxable services or price of admission to a place of amusement does not include financial charges, carrying charges or interest charges on conditional sale contracts or other contracts providing for deferred payments of the sale price if the amount of such finance charges, carrying charges or interest is in addition to the usual or established cash selling price and if such amount,

(a) is segregated on the invoice or bill of sale; or

(b) is billed separately to the customer.  R.R.O. 1990, Reg. 1013, s. 12 (1).

(2) Unless these conditions are met, such charges shall be deemed to be part of the fair value for the purpose of computing tax.  R.R.O. 1990, Reg. 1013, s. 12 (2).

Transfers of Tangible Personal Property Between Related Persons

Interpretation and application rules

13. (1) This section contains interpretation and application rules that apply for the purposes of this section and sections 13.1 to 13.7.  O. Reg. 391/04, s. 2.

(2) A corporation is related to another corporation if one corporation wholly owns the other corporation or if both corporations are wholly-owned by the same person.  O. Reg. 391/04, s. 2.

(3) A corporation is wholly-owned by a person or an individual, as the case may be, if shares representing not less than 95 per cent of the sum of the stated capital of all classes and series of shares of the corporation are owned directly or indirectly,

(a) by the person; or

(b) by the individual and one or more individuals who are members of his or her family.  O. Reg. 391/04, s. 2.

(4) A corporation that wholly owns another corporation (the “subsidiary corporation”) shall be deemed to wholly own any corporation that the subsidiary corporation wholly owns.  O. Reg. 391/04, s. 2.

(5) Subject to subsection (6), tangible personal property is eligible property if one of the following conditions is satisfied:

1. Where the transferor of the property is an individual, it is eligible property if tax was paid under the Act,

i. by the individual,

ii. by a corporation that the individual wholly owns at the time of the transfer, or

iii. by a corporation that is related to a corporation that the individual wholly owns at the time of the transfer,

in respect of the consumption or use of the property.

2. Where the transferor of the property is a corporation, it is eligible property if tax was paid under the Act,

i. by the corporation,

ii. by an individual who wholly owns the corporation at the time of the transfer, or

iii. by a corporation that is related to the transferor at the time of the transfer,

in respect of the consumption or use of the property.

3. Where the transferor of the property is a partnership, it is eligible property if tax was paid under the Act,

i. by the partnership,

ii. by an individual or corporation that contributed the property to the partnership and was a partner in the partnership after the tax was paid, or

iii. by a corporation that, at the time of the transfer, is related to a corporation that contributed the property to the partnership and was a partner in the partnership after the tax was paid,

in respect of the consumption or use of the property.  O. Reg. 391/04, s. 2.

(6) For the purposes of subsection (5), tax is not considered to have been paid under the Act in respect of the consumption or use of tangible personal property,

(a) if no tax was payable under the Act in respect of the consumption or use of the property; or

(b) if no tax was payable under the Act in respect of the sale of the property because it was purchased for the purposes of resale.  O. Reg. 391/04, s. 2.

(7) A person shall be deemed in each of the following circumstances to continue to own a share for a period of 180 consecutive days:

1. Where the person is an individual, if he or she transfers the share during the 180-day period to a member of his or her family, for no consideration, and the member of the family continues to own the share until the end of the 180-day period.

2. Where the person is an individual, if he or she transfers the share during the 180-day period to a corporation in exchange for consideration that consists only of shares of the corporation that have a fair market value at least equal to the fair market value of the transferred share and the individual,

i. continues to own the new shares until the end of the 180-day period, or

ii. transfers the new shares to a member of his or her family, for no consideration, and the member of the family continues to own the new shares until the end of the 180-day period.

3. Where the person is a partnership, if the partnership transfers the share during the 180-day period to a corporation in exchange for consideration that consists only of shares of the corporation that have a fair market value at least equal to the fair market value of the transferred share, and the partnership continues to own the new shares until the end of the 180-day period.

4. Where the person is a corporation that is wholly owned by an individual or a partnership, if the corporation transfers the share during the 180-day period to that individual or partnership and the transferee of the share continues to own the share until the end of the 180-day period.

5. Where the person is a corporation,

i. if the corporation amalgamates with another corporation during the 180-day period and the amalgamated corporation continues to own the share until the end of the 180-day period, or

ii. if the corporation transfers the share during the 180-day period to another corporation in the course of winding-up and the other corporation continues to own the share until the end of the 180-day period.

6. Where the corporation that issued the share,

i. amalgamates with one or more other corporations that are related to the corporation, or

ii. is dissolved within the period of 180 days and the corporation’s assets are transferred, as a result of the dissolution, to another corporation.  O. Reg. 391/04, s. 2.

(8) Sections 13.1 to 13.7 do not apply on a sale of eligible property if an agreement in writing for the sale of the property was entered into before July 20, 2004, unless the purchaser under the agreement elects to have those sections apply on the sale.  O. Reg. 391/04, s. 2.

(9) If sections 13.1 to 13.7 do not apply on a sale of eligible property by reason of subsection (8), section 13 as it read on July 19, 2004 applies in respect of the sale.  O. Reg. 391/04, s. 2.

(10) In this section,

“member of his or her family” means the father, mother, spouse, grandfather, grandmother, son, daughter, grandson, granddaughter, son-in-law, daughter-in-law, father-in-law or mother-in-law of the purchaser;

“spouse” means a spouse as defined in section 29 of the Family Law Act.  O. Reg. 391/04, s. 2; O. Reg. 326/05, s. 1.

Sale between related corporations or between wholly-owned corporation and shareholder

13.1 (1) This section applies to a sale of eligible property after July 19, 2004,

(a) by an individual to a corporation that the individual wholly owns;

(b) to an individual by a corporation that the individual wholly owns;

(c) by a partnership to a corporation that the partnership wholly owns;

(d) to a partnership by a corporation that the partnership wholly owns; or

(e) by a corporation to a related corporation.  O. Reg. 391/04, s. 2.

(2) No tax is payable on a sale to which this section applies if any of the following conditions is satisfied throughout a period of not less than 180 consecutive days after the day on which the sale occurs:

1. The transferor continues to wholly own the purchaser, if the purchaser is a corporation and the transferor is an individual or partnership.

2. The purchaser continues to wholly own the transferor, if the purchaser is an individual or partnership and the transferor is a corporation.

3. The purchaser and the transferor continue to be related, if both the transferor and the purchaser are corporations.  O. Reg. 391/04, s. 2.

Sale between corporations

Shareholder to corporation

13.2 (1) This section applies to a sale of eligible property after July 19, 2004 between corporations, if the transferor directly or indirectly owns shares of the purchaser immediately after the sale.  O. Reg. 391/04, s. 2.

(2) On a sale of eligible property to which this section applies, no tax is payable by the purchaser on the portion of the fair value of the eligible property that is calculated using the formula,

in which,

  “A” is the fair value of the eligible property,

  “B” is the amount that would be the sum of the stated capital of all classes and series of shares of the purchaser if the only issued and outstanding shares of the purchaser were shares that are owned directly or indirectly by the transferor throughout the period commencing immediately before the sale and ending on the 180th day after the day of the sale, and

  “C” is the sum of the stated capital of all classes and series of shares of the purchaser immediately after the sale.

O. Reg. 391/04, s. 2.

Sale between corporations

Corporation to shareholder

13.3 (1) This section applies to a sale of eligible property after July 19, 2004 between corporations, if the purchaser directly or indirectly owns shares of the transferor immediately before the sale.  O. Reg. 391/04, s. 2.

(2) On a sale of eligible property to which this section applies, no tax is payable by the purchaser on the portion of the fair value of the eligible property that is calculated using the formula,

in which,

  “A” is the fair value of the eligible property,

  “D” is the amount that would be the sum of the stated capital of all classes and series of shares of the transferor if the only issued and outstanding shares of the transferor were shares that are owned directly or indirectly by the purchaser throughout the period commencing immediately before the sale and ending on the 180th day after the day of the sale, and

“E” is the sum of the stated capital of all classes and series of shares of the transferor immediately after the sale.

O. Reg. 391/04, s. 2.

Sale between corporation and shareholder that is an individual or partnership

13.4 (1) This section applies to a sale of eligible property after July 19, 2004 by a corporation to an eligible shareholder or by an eligible shareholder to a corporation, if the eligible shareholder directly or indirectly owns shares of the corporation immediately after the sale.  O. Reg. 391/04, s. 2.

(2) In this section,

“eligible shareholder” means, in respect of a corporation,

(a) an individual who directly or indirectly owns shares of the corporation, but who does not wholly own the corporation, or

(b) a partnership that directly or indirectly owns shares of the corporation, but that does not wholly own the corporation.  O. Reg. 391/04, s. 2.

(3) On a sale of eligible property to which this section applies, no tax is payable on the portion of the fair value of the eligible property that is calculated using the formula,

in which,

  “A” is the fair value of the eligible property,

“F” is the amount that would be the sum of the stated capital of all classes and series of shares of the corporation if the only issued and outstanding shares of the corporation were shares that are owned directly or indirectly by the eligible shareholder throughout the period commencing immediately before the sale and ending on the 180th day after the day of the sale, and

  “G” is the sum of the stated capital of all classes and series of shares of the corporation immediately after the sale.

O. Reg. 391/04, s. 2.

Sale where consideration includes shares of purchaser corporation

13.5 (1) This section applies to a sale of eligible property after July 19, 2004 to a corporation, if all or part of the consideration for the sale consists of shares of the corporation.  O. Reg. 391/04, s. 2.

(2) On a sale of eligible property to which this section applies, no tax is payable on the portion of the fair value of the eligible property that is calculated using the formula,

in which,

  “A” is the fair value of the eligible property,

  “H” is the amount that would be the sum of the stated capital of all classes and series of shares of the corporation if the only issued and outstanding shares of the corporation were shares that are issued by the corporation to the transferor as consideration on the sale and which the transferor continues to own for a period of at least 180 consecutive days after the day of the sale, and

“I” is the total value of the consideration paid by the corporation to the transferor on the sale.

O. Reg. 391/04, s. 2.

Sale between partner and partnership

13.6 (1) This section applies to a sale of eligible property after July 19, 2004,

(a) from a person to a partnership in which the person is a partner immediately after the sale; or

(b) from a partnership to a person who is a partner in the partnership immediately before the sale and the eligible property was not previously transferred to the partnership by another person who was a partner of the partnership immediately after the property was transferred to the partnership.  O. Reg. 391/04, s. 2.

(2) On a sale described in clause (1) (a), no tax is payable on the portion of the fair value of the eligible property that is calculated using the formula,

A × J

in which,

  “A” is the fair value of the eligible property, and

“J” is the person’s percentage share of the income or loss of the partnership immediately after the sale.

O. Reg. 391/04, s. 2.

(3) On a sale described in clause (1) (b), no tax is payable on the portion of the fair value of the eligible property that is calculated using the formula,

A × K

in which,

  “A” is the fair value of the eligible property, and

  “K” is the person’s percentage share of the income or loss of the partnership immediately before the sale.

O. Reg. 391/04, s. 2.

(4) Despite subsections (2) and (3), no tax is payable in the following circumstances:

1. No tax is payable on a sale of eligible property from a person to a partnership on the creation of the partnership except on the amount, if any, by which the total value of all consideration for the sale exceeds the value of the partnership interest acquired on the sale.

2. A sale of eligible property from a partnership to a person who is a partner in the partnership immediately before the sale, if the partnership had acquired the property from the person in a sale described in paragraph 1.  O. Reg. 391/04, s. 2.

Transfer of interest in partnership

13.7 No tax is payable under the Act, in respect of any tangible personal property held by a partnership, on the transfer of an interest in a partnership from a partner in the partnership to another person.  O. Reg. 391/04, s. 2.

Rebate of Tax

14. (1) The Minister may rebate to the governing body of a religious, charitable or benevolent organization an amount as calculated under subsection (3) or (4), in respect of tangible personal property incorporated into a building or structure,

(a) owned by the organization; or

(b) leased to the organization for a period of not less than twenty years.  O. Reg. 624/92, s. 2 (1).

(2) Subsection (1) does not apply with respect to a building or structure that,

(a) is a university that receives financial assistance directly or indirectly from the province;

(b) is a school, as defined in clause (a), (b) or (c) of the definition of “school” in section 1;

(c) is a hospital or nurses’ residence; or

(d) is, or on completion will be, owned by or leased to a municipality or local board.  O. Reg. 624/92, s. 2 (2); O. Reg. 375/94, s. 2.

(2.1) A religious, charitable or benevolent organization is not eligible for a rebate unless it is a registered charity under the Income Tax Act (Canada) at the time of applying for the rebate.  O. Reg. 624/92, s. 2 (2).

(2.2) Subject to subsection (2.2.1), a religious, charitable or benevolent organization is not eligible for a rebate in respect of the purchase, lease or acquisition of a building or structure.  O. Reg. 247/03, s. 2 (1).

(2.2.1) A religious, charitable or benevolent organization is eligible for a rebate in respect of the lease of a building or structure if,

(a) the lease is for a period of not less than 20 years;

(b) under the terms of the lease, possession of the building or structure is to be transferred to the organization immediately following substantial completion of the building or structure; and

(c) the organization has the right to acquire the building or structure for nil or nominal consideration after the period described in clause (a).  O. Reg. 247/03, s. 2 (1).

(2.3) A religious, charitable or benevolent organization that leases a building or structure described in subsection (1) is not eligible for a rebate unless, at the time of applying for the rebate, the remaining term of the lease is at least ten years from,

(a) the date on which it purchased the tangible personal property in respect of which it applies for the rebate; or

(b) the date on which it entered into a written construction contract under subsection (4).  O. Reg. 624/92, s. 2 (2).

(3) If the religious, charitable or benevolent organization or the lessor purchases the tangible personal property in respect of which it applies for a rebate, the amount of the rebate comprises the tax paid on the tangible personal property.  O. Reg. 624/92, s. 2 (3); O. Reg. 247/03, s. 2 (2).

(4) If the religious, charitable or benevolent organization or the lessor enters into a written construction contract for the supply and incorporation into a building or structure of the tangible personal property in respect of which the organization applies for a rebate, the amount of the rebate is determined by applying the following percentages to the payments made in satisfaction of the total contract price, which price shall include the price of construction and the architect’s fees:

1. If the payments made in satisfaction of a contract price are subject to the tax imposed by Part IX of the Excise Tax Act (Canada), 3.0 per cent of the payments and the tax imposed by Part IX of the Excise Tax Act (Canada).

2. In all situations other than those set out in paragraph 1, 3.4 per cent.  O. Reg. 624/92, s. 2 (4); O. Reg. 247/03, s. 2 (3).

(4.1) If a construction contract pursuant to an arrangement described in subsection (2.2.1) was entered into before March 28, 2003, the amount of the rebate to the governing body of the religious, charitable or benevolent organization shall be determined under subsection (4) using as a total contract price the amount of the total contract price, as otherwise determined, that is paid on or after that date.  O. Reg. 247/03, s. 2 (4).

(5) No rebate shall be made under subsection (4) with respect to that portion of the contract price that is attributable to,

(a) land or land improvement costs;

(b) the value of performance bonds;

(c) equipment rental charges;

(d) charges for temporary facilities;

(e) building permit fees;

(f) the cost of tangible personal property that does not become a fixture after installation;

(g) demolition charges;

(h) the cost of making, installing or repairing stained glass windows; or

(i) charges for development or project consulting services.  R.R.O. 1990, Reg. 1013, s. 14 (5); O. Reg. 624/92, s. 2 (5).

(6) Where a construction contract requires progress payments on account of the contract price to be made by the religious, charitable or benevolent organization or the lessor, the amount to be paid under subsection (1) may be made by instalments equal to the appropriate percentage referred to in subsection (4) of the progress payments required to be made.  R.R.O. 1990, Reg. 1013, s. 14 (6); O. Reg. 247/03, s. 2 (5).

(7) An application for a rebate under this section shall be made in writing, and shall set out such information as the Minister may require to determine the eligibility of the applicant for the rebate claimed.  R.R.O. 1990, Reg. 1013, s. 14 (7).

(8) No rebate shall be made under subsection (3) unless the application is made,

(a) within three years after the payment of the tax in respect of which the rebate is claimed if the materials are purchased before the 1st day of January, 1991; or

(b) within four years after the payment of the tax in respect of which the rebate is claimed if the materials are purchased on or after the lst day of January, 1991.  O. Reg. 150/91, s. 3.

(9) No rebate shall be made under subsection (4) unless the application is made,

(a) within three years after the last payment has been made under the contract in respect of which the rebate is claimed if the contract is entered into before the lst day of January, 1991; or

(b) within four years after the last payment has been made under the contract in respect of which the rebate is claimed if the contract is entered into on or after the lst day of January, 1991.  O. Reg. 150/91, s. 3.

(10) A religious, charitable or benevolent organization is not eligible for a rebate unless it provides an undertaking, in a form satisfactory to the Minister, that all of the rebate will be used solely for the religious, charitable or benevolent purposes of the organization.  O. Reg. 624/92, s. 2 (6).

(11) In this section,

“lessor” means the lessor under a lease of a building or structure in respect of which a religious, charitable or benevolent organization is eligible for a rebate under this section by reason of subsection (2.2.1).  O. Reg. 247/03, s. 2 (6).

15. The consumption by a contractor of tangible personal property that enters directly into and becomes part of real property that is a building or structure constructed on a reserve, as defined in the Indian Act (Canada) or by the Minister, is exempt from the tax imposed by the Act if the cost of the construction of the building or structure is directly borne by the council of the band and if the building or structure is constructed,

(a) to provide a community service or facility for the use of Indians; or

(b) for the provision of services by the band to its members.  R.R.O. 1990, Reg. 1013, s. 15.

16. (1) Where a contractor or subcontractor purchases tangible personal property on or after the 2nd day of May, 1988 under a written construction contract entered into by the contractor either before the 21st day of April, 1988 or by acceptance on or after that date of an irrevocable written offer tendered by the contractor before that date and where under the terms of the contract the contractor is not entitled to recover the amount of any increase in retail sales tax payable by that person from any other party to the contract, the Minister may rebate to such contractor or subcontractor the 1 per cent increase in the tax so paid, or in the case of purchases of ready mix or asphalt mix, all of the tax so paid, provided that the cost of such taxable tangible personal property is shown to have been directly borne by such person.  R.R.O. 1990, Reg. 1013, s. 16 (1).

(2) Where a manufacturer of ready-mix concrete or asphalt mix contracts for the supply and installation of these products on or after the 2nd day of May, 1988 under a written construction contract entered into by the manufacturer before the 21st day of April, 1988 or by acceptance on or after that date of an irrevocable written offer tendered by the manufacturer before that date and where under the terms of the contract the manufacturer is not entitled to recover the amount of increase in retail sales tax payable by that person from any other party to the contract, the Minister, provided that the cost of the ready-mix concrete or asphalt mix is shown to have been directly borne by the manufacturer, may rebate to the manufacturer the amount by which,

(a) the tax paid by the manufacturer on the fair value determined under clause (e) of the definition of “fair value” in section 1 of the Act of ready-mix concrete or asphalt mix consumed by the manufacturer in the performance of the construction contract,

exceeds,

(b) the tax paid or payable to suppliers before the 2nd day of May, 1988 by the manufacturer upon the purchase of materials to be used in the manufacture of ready-mix concrete or asphalt mix.  R.R.O. 1990, Reg. 1013, s. 16 (2).

(3) No rebate or payment shall be made unless an application in writing is made,

(a) within three years after the payment of tax in respect of which the rebate is claimed if the tangible personal property is purchased or the ready-mix concrete or asphalt mix is manufactured before the lst day of January, 1991; or

(b) within four years after the payment of tax in respect of which the rebate is claimed if the tangible personal property is purchased or the ready-mix concrete or asphalt mix is manufactured on or after the lst day of January, 1991.  O. Reg. 150/91, s. 4.

(4) An applicant for a rebate or payment shall furnish to the Minister all information in support of the application that is necessary to establish the eligibility of the applicant for the rebate or payment claimed.  O. Reg. 150/91, s. 4.

17. Revoked:  O. Reg. 314/97, s. 2.

Uncollectable Accounts

18. (1) In this section,

“accounting principles” means generally accepted accounting principles as recommended by the Accounting Standards Board of the Canadian Institute of Chartered Accountants, as set out in the CICA Handbook;

“vendor” includes a person deemed to be a vendor under subsection 13 (3) of the Act.  O. Reg. 444/99, s. 3.

(2) In this section, a person shall not be considered to be dealing with another person at arm’s length if they would not be considered to be dealing with each other at arm’s length for the purposes of the Income Tax Act (Canada).  O. Reg. 444/99, s. 3.

(2.1) For the purposes of this section, subsection 13 (3) sets out the circumstances in which a corporation shall be considered to be wholly owned by a person or an individual.  O. Reg. 391/04, s. 3.

(3) The Minister may rebate tax to a vendor that has been remitted to the Minister under the Act in respect of a sale if,

(a) the vendor shows to the satisfaction of the Minister that there has been a default in the payment to the vendor of all or part of the amount payable to the vendor in respect of the sale;

(b) the vendor has written off as a bad debt in the vendor’s books of account the unpaid amount owing to the vendor in respect of the sale; and

(c) the write-off of the unpaid amount as a bad debt is in accordance with accounting principles applicable at the time of the write-off.  O. Reg. 444/99, s. 3.

(4) Despite subsection (3), no rebate of tax shall be made to a vendor under this section in respect of an unpaid amount if,

(a) the vendor does not claim the rebate within four years from the end of the fiscal year in which the vendor wrote off the unpaid amount as a bad debt;

(b) the vendor and the purchaser were not dealing at arm’s length at the time of the sale or at the time the vendor wrote off the unpaid amount as a bad debt;

(c) the vendor is entitled to offset the unpaid amount against an amount payable by the vendor to the purchaser;

(d) the vendor has assigned, without recourse and for consideration, other than for security purposes, part or all of the unpaid amount, whether or not the assignee and the vendor are related persons; or

(e) the payment for the purchase was made through the use of a credit card that is not issued by,

(i) the vendor,

(ii) a corporation that is wholly-owned by the vendor or that wholly owns the vendor, either directly or through one or more wholly-owned corporations, or

(iii) a corporation that is wholly-owned by the same corporation that wholly owns the vendor, either directly or through one or more wholly-owned corporations.  O. Reg. 444/99, s. 3.

(5) The tax that may be rebated to a vendor under this section in respect of an unpaid amount shall be determined in accordance with the following formula:

where,

  “A” is the tax remitted by the vendor with respect to the sale,

  “B” is the unpaid amount less all amounts, if any, required by subsection (6) to be deducted from the unpaid amount for the purposes of determining the amount of the rebate of tax under this section, and

  “C” is the total amount that was payable in respect of the sale, including the amount of tax imposed by the Act.

O. Reg. 444/99, s. 3.

(6) For the purposes of determining the amount of a rebate of tax under this section in respect of an unpaid amount, the following amounts, to the extent they are applicable, shall be deducted from the unpaid amount:

1. All interest, finance, carrying, collection or similar charges imposed by the vendor with respect to the sale, except to the extent the charges are deemed to be part of the fair value under subsection 12 (2) for the purposes of determining the amount of tax payable under the Act in respect of the sale.

2. All proceeds of sale received by the vendor on any repossession and resale of the property on account of the unpaid amount.

3. All amounts received by the vendor on the realization of any security given to secure the unpaid amount.

4. If the tangible personal property is repossessed and leased by the vendor or is taken out of inventory and used by the vendor or by others at the vendor’s expense, the fair value of the tangible personal property at the time of the leasing or change in use.  O. Reg. 444/99, s. 3.

(7) The following rules apply for the purposes of claiming a rebate of tax under this section:

1. The vendor may claim only one rebate under this section in respect of a sale.

2. The vendor may claim the rebate by making an adjustment to the vendor’s sales tax liability account for the amount of the rebate claimed.

3. The vendor shall make only one adjustment to the vendor’s sales tax liability account during any 12-month period for all claims for rebate of tax under this section, unless the vendor has applied in writing to the Minister for consent to make an additional adjustment and the Minister has consented to the making of the additional adjustment to the account.

4. The vendor shall retain in the vendor’s records sufficient information and documentation to permit the confirmation to the satisfaction of the Minister of the correct amount of the rebate of tax.

5. Where the payment for a purchase was made through the use of a credit card issued by the vendor or by a corporation referred to in subclause (4) (e) (ii) or (iii), but the purchase was not made from the vendor or the corporation, none of the amount of such indebtedness shall be included in the unpaid amount specified as “B” under subsection (5) and where money was paid on the credit card account, such money shall be applied to the earliest indebtedness before determining the unpaid amount specified as “B” under subsection (5).  O. Reg. 444/99, s. 3.

(8) If, after claiming a rebate of tax under this section, a vendor recovers from any person or through any means, other than a rebate under this section, any of the unpaid amount in respect of which the rebate of tax was claimed, the vendor shall repay to the Minister by way of adjustment to the vendor’s sales tax liability account the same percentage of the rebate made under this section that the amount recovered by the vendor is of the amount designated as “B” in the formula in subsection (5) in respect of the unpaid amount.  O. Reg. 444/99, s. 3.

(9) For the purposes of subsection (8), the repossession of tangible personal property and the sale or use by the vendor or by others at the vendor’s expense of the repossessed property shall be considered to be a recovery of part or all of the unpaid amount in respect of the sale of the property to the extent of the lesser of the unpaid amount and,

(a) the proceeds from the sale, if the repossessed property is the subject of a resale; or

(b) the fair value of the property if the repossessed property is used by the vendor or by others at the vendor’s expense.  O. Reg. 444/99, s. 3.

(10) This section applies in respect of unpaid amounts written off on and after January 1, 1997.  O. Reg. 444/99, s. 3.

19. Revoked:  O. Reg. 300/91, s. 1.

20. (1) Every person who acquires any visual or aural production recorded on motion picture film, video tape, audio tape, phonograph record or on other recording media for the purpose of exhibition or broadcast to the public in a theatre or cinema or through a radio or television station or pay television system is not a consumer or user thereof.  R.R.O. 1990, Reg. 1013, s. 20 (1).

(2) For the purposes of subsection (1), a theatre or cinema means a place accessible to the general public where, in the normal course of business, motion picture films are exhibited or where live theatrical performances are staged and a price for admission is usually charged.  R.R.O. 1990, Reg. 1013, s. 20 (2).

21. (1) In this section,

“adjustment date” means January 1, April 1, July 1 or October 1;

“average prime rate”, on a particular date, means the mean, rounded to the nearest whole percentage point, of the annual rates of interest announced by each of The Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada.  O. Reg. 314/97, s. 3 (1).

(2) For the purposes of the Act, the prescribed rates of interest shall be determined in accordance with the following rules:

1. A base rate of interest shall be determined for January 1, 1997 and for each adjustment date after January 1, 1997 and shall be equal to the average prime rate on,

i. October 15 of the previous year, if the adjustment date is January 1,

ii. January 15 of the same year, if the adjustment date is April 1,

iii. April 15 of the same year, if the adjustment date is July 1, and

iv. July 15 of the same year, if the adjustment date is October 1.

2. The base rate of interest in effect on a particular date shall be,

i. the base rate for the particular date, if the particular date is an adjustment date, and

ii. the base rate for the last adjustment date before the particular date, otherwise.

3. The prescribed rate of interest payable by a person under the Act in respect of a particular day shall be an annual interest rate that is three percentage points higher than the base rate of interest in effect on that day.

4. The prescribed rate of interest to be paid or allowed by the Minister to a person under the Act in respect of a particular day shall be an annual interest rate that is two percentage points lower than the base rate of interest in effect for that day.

5. For an overpayment that results from a decision of the Minister or a court on an objection to, or an appeal from, an assessment or a statement of disallowance, the prescribed rate of interest to be paid or allowed by the Minister in respect of a particular day after December 31, 1998 is the base rate of interest in effect for that day.  O. Reg. 314/97, s. 3 (1); O. Reg. 456/99, s. 1.

(3) Revoked:  O. Reg. 314/97, s. 3 (1).

(4) If a rebate of tax under a regulation made under clause 48 (2) (d) or (f) of the Act is made or applied on another liability, interest shall be paid or applied on the amount of the rebate, calculated under section 35 of the Act as if the rebate were a refund of an overpayment of tax.  O. Reg. 314/97, s. 3 (2).

22. (1) Subject to subsection (2), where a religious, charitable, benevolent or non-profit organization holds, stages or operates in any year, fundraising events including bazaars or rummage sales, the purchaser is exempt from the payment and the organization is exempt from the collection of the tax imposed by subsection 2 (1) of the Act in respect of the tangible personal property sold by that organization at those fundraising events if,

(a) the events are not scheduled on a weekly, monthly or other regularly scheduled basis; and

(b) the organization has paid to the Minister of Finance an amount equal to the amount of any tax in respect of the tangible personal property sold by the organization at the events that would have been payable by the organization if the tangible personal property that the organization purchased for sale at such events had been purchased by the organization for its own consumption and use.  R.R.O. 1990, Reg. 1013, s. 22 (1).

(2) Despite subsection (1), the purchaser shall pay, and the religious, charitable, benevolent or non-profit organization shall collect, tax on prepared food products, where the prepared food products are,

(a) sold by the organization at an occasion or event sponsored or arranged by another organization or person who contracts with the religious, charitable, benevolent or non-profit organization for catering; or

(b) sold on a site or as part of an event where persons in the business of selling prepared food products are selling prepared food products.  R.R.O. 1990, Reg. 1013, s. 22 (2).

(3) A person who purchases prepared food products that are sold as part of a program, whereby the prepared food products are provided at nominal charge to persons who are disabled, disadvantaged or underprivileged or who because of age or an infirmity require support, is exempt from the tax imposed in the Act with respect to the purchase of the prepared food products.  R.R.O. 1990, Reg. 1013, s. 22 (3).

(4) Revoked:  O. Reg. 427/95, s. 1.

22.1 (1) A student who receives prepared food products under a meal plan is exempt from the tax imposed by the Act with respect to the prepared food products.  O. Reg. 427/95, s. 2.

(2) In subsection (1),

“meal plan” means an arrangement whereby a student enrolled at an educational institution is entitled to acquire at least 40 meals consisting of prepared food products over a period of not less than four weeks at a total non-refundable cost to the student of not less than $120 where,

(a) the meals are acquired from an eating establishment located on the premises of the educational institution and operated by or on behalf of the educational institution, and

(b) the student pays a single comprehensive price or deposits an amount of money in an account with the educational institution from which the price of the meals acquired by the student is deducted;

“student” means an individual who is enrolled in at least one credit course at an educational institution in Ontario that is a university, a community college or a school that provides residential facilities to the individuals enrolled in courses at the school.  O. Reg. 427/95, s. 2.

23. (1) Revoked:  O. Reg. 116/00, s. 3.

(2) Revoked:  O. Reg. 319/01, s. 2.

24. For the purposes of clause (a) of the definition of “taxable service” in subsection 1 (1) of the Act,

“community antenna television and cable television service” means the delivery for a fee of television programs;

“pay television service” means the reception for a fee of television programs, films and other information additional to those programs broadcast without charge for direct reception by the general public;

“private line telephone service” means the lease of a circuit or communications channel dedicated to a customer for his, her or its exclusive use;

“telephone services” means the provision of communications by means of a telephone system or network, including,

(a) local and long distance telephone service, wide area telephone service, foreign exchange telephone service and private line telephone service, and

(b) communication services between a cellular telephone that is located in Ontario at the time a call is placed and a local cellular network in Ontario, including any long distance service required for the call;

“telegraph services” means the transmission or reception of telegrams, cablegrams and radiogram.  O. Reg. 444/99, s. 4.

25. (1) The Minister may rebate to a person who has received a refund of tax paid under the Excise Tax Act (Canada) on tangible personal property purchased by the person, the retail sales tax paid on the portion of the fair value of the tangible personal property represented by the amount of the excise tax refund received under the Excise Tax Act (Canada).  R.R.O. 1990, Reg. 1013, s. 25 (1).

(2) No rebate shall be made under subsection (1) where the tangible personal property was purchased by any person other than the person claiming the rebate under this section and no interest shall be paid on the rebate.  R.R.O. 1990, Reg. 1013, s. 25 (2).

(3) No rebate under this section shall be made unless an application in writing therefor is made by the purchaser of the tangible personal property within three years from the date of payment of the refund made under the Excise Tax Act (Canada) with respect to which the rebate is claimed and there is furnished to the Minister in support of the application, all information that the Minister considers necessary to establish the eligibility of the applicant for the rebate claimed.  R.R.O. 1990, Reg. 1013, s. 25 (3).

26. (1) A purchaser is excluded from the exemption from tax that would otherwise be available under subsection 9 (2) of the Act in respect of the price of admission to a professional sporting event in Ontario that is held under the auspices or sponsorship of a sponsor, except in the circumstances described in subsection (2).  O. Reg. 319/01, s. 3.

(2) Subsection (1) does not apply to a purchaser referred to in that subsection if,

(a) the sponsor actively participates in planning and managing the professional sporting event;

(b) the organizer of the event can reasonably anticipate that there will be net proceeds from the event; and

(c) the sponsor is entitled, under the sponsorship agreement, to receive at least 90 per cent of the net proceeds from the event and intends to use those proceeds solely for the purposes of the sponsor.  O. Reg. 319/01, s. 3.

(3) In this section,

“direct expenses”, with respect to a professional sporting event, do not include travel expenses or expenses relating to the remuneration of players;

“home game” means, in respect of a sports team, a game played by the team in the location where it ordinarily plays games against a team that ordinarily plays its games in another location;

“net proceeds” means, with respect to a professional sporting event, the amount by which the sum of the gate receipts and the broadcasting, parking and concession revenues from the event exceeds the direct expenses of the organizers for the event;

“organizer” means a person who enters into a sponsorship agreement with a sponsor;

“professional league” means Major League Baseball, the Canadian Football League, the National Basketball Association, the National Hockey League, the National Lacrosse League, United Soccer League or any other league of sports teams in which the players on a team are ordinarily paid salary or other remuneration by the team that is not just a reimbursement of expenses incurred by the players;

“professional sporting event” means a game,

(a) that is played in Ontario as a home game by a sports team that belongs to a professional league, and

(b) that is played during the regular season of the professional league to which the sports team belongs;

“sponsor” means, with respect to a professional sporting event, a person described in clause 9 (2) (a), (b), (c), (e) or (f) of the Act;

“sponsorship agreement” means an agreement between a sponsor and a person under which the sponsor agrees to sponsor one or more professional sporting events.  O. Reg. 319/01, s. 3.

27. Revoked:  O. Reg. 201/95, s. 10.