Draft Amendments to Various Regulations

Business Investment in Zero-Emission Vehicles

Streamlined Accounting (GST/HST) Regulations

1  (1)  The portion of subsection 21.3(4) of the Streamlined Accounting (GST/HST) Regulations before paragraph (a) is replaced by the following:
(4)  For the purposes of this Part, if any of paragraphs 13(7)(g) to (i) of the Income Tax Act deems an amount to be the capital cost to a registrant of a passenger vehicle for the purposes of section 13 of that Act, the amount, if any, by which
  
(2)  The description of B in paragraph 21.3(4)(b) of the Regulations is replaced by the following:
B is the amount deemed by any of paragraphs 13(7)(g) to (i) of the Income Tax Act to be the capital cost to the registrant of the vehicle for the purposes of section 13 of that Act,
2  Section 1 is deemed to have come into force on Budget Day.

Cannabis Taxation

Draft Excise Duties on Cannabis Regulations

3  Subparagraph 2(b)(i) of the draft Excise Duties on Cannabis Regulations, as published by the Minister of Finance on September 17, 2018, is replaced by the following:
(i)  that contains a known quantity or concentration of a chemical component of cannabis, such as cannabidiol, cannabidiolic acid, THCA or THC,
4  (1)  Subparagraph 3(1)(a)(i) of the draft Regulations is replaced by the following:
(i)  the percentage set out in paragraph 2(a) of Schedule 1, and
(2)  Paragraphs 3(1)(b) and (c) of the draft Regulations are replaced by the following:
(b)  in the case of Quebec, the percentage set out in paragraph 2(a) of Schedule 2;
(c)  in the case of Nova Scotia, the percentage set out in paragraph 2(a) of Schedule 3;
(3)  Subparagraph 3(1)(d)(i) of the draft Regulations is replaced by the following:
(i)  the percentage set out in paragraph 2(a) of Schedule 4, and
(4)  Paragraph 3(1)(e) of the draft Regulations is replaced by the following:
(e)  in the case of British Columbia, the percentage set out in paragraph 2(a) of Schedule 5;
(5)  Subparagraph 3(1)(f)(i) of the draft Regulations is replaced by the following:
(i)  the percentage set out in paragraph 2(a) of Schedule 6, and
(6)  Subparagraph 3(1)(g)(i) of the draft Regulations is replaced by the following:
(i)  the percentage set out in paragraph 2(a) of Schedule 7, and
(7)  Subparagraph 3(1)(h)(i) of the draft Regulations is replaced by the following:
(i)  the percentage set out in paragraph 2(a) of Schedule 8, and
(8)  Subparagraph 3(1)(i)(i) of the draft Regulations is replaced by the following:
(i)  the percentage set out in paragraph 2(a) of Schedule 9, and
(9)  Paragraphs 3(1)(j) and (k) of the draft Regulations are replaced by the following:
(j)  in the case of Yukon, the percentage set out in paragraph 2(a) of Schedule 10;
(k)  in the case of the Northwest Territories, the percentage set out in paragraph 2(a) of Schedule 11; and
(10)  Subparagraph 3(1)(l)(i) of the draft Regulations is replaced by the following:
(i)  the percentage set out in paragraph 2(a) of Schedule 12, and
5  Sections 1 to 4 of Schedule 1 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
6  Sections 1 to 4 of Schedule 2 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
7  Sections 1 to 4 of Schedule 3 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
8  Sections 1 to 4 of Schedule 4 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
9  Sections 1 to 4 of Schedule 5 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
10  Sections 1 to 4 of Schedule 6 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
11  Sections 1 to 4 of Schedule 7 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
12  Sections 1 to 4 of Schedule 8 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
13  Sections 1 to 4 of Schedule 9 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
14  Sections 1 to 4 of Schedule 10 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
15  Sections 1 to 4 of Schedule 11 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
16  Sections 1 to 4 of Schedule 12 to the draft Regulations are replaced by the following:
1    Any cannabis product produced in Canada or imported: the amount equal to
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, the total of
(i)    $0.75 per gram of flowering material included in the cannabis product or used in the production of the cannabis product,
(ii)    $0.225 per gram of non-flowering material included in the cannabis product or used in the production of the cannabis product,
(iii)    $0.75 per viable seed included in the cannabis product or used in the production of the cannabis product, and
(iv)    $0.75 per vegetative cannabis plant included in the cannabis product or used in the production of the cannabis product; and
(b)    in any other case, $0.0075 per milligram of the total THC of the cannabis product.
2    Any cannabis product produced in Canada: the amount obtained by multiplying the dutiable amount for the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
3    Any imported cannabis product: the amount obtained by multiplying the value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
4    Any cannabis product taken for use or unaccounted for: the amount obtained by multiplying the fair market value of the cannabis product by
(a)    in the case of dried cannabis, fresh cannabis, cannabis plants and cannabis plant seeds, 7.5%; and
(b)    in any other case, 0%.
17  Sections 3 to 16 come into force, or are deemed to have come into force, on May 1, 2019 except that in applying subsection 5(2) of the draft Regulations for the purpose of determining the amount of duty imposed on or after that day under subsection 158.2(1) of the Excise Act, 2001 on any cannabis product that is packaged before that day, Schedules 1 to 12 of the draft Regulations are to be read as they did on April 30, 2019.
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