The raising of Money by any Mode or System of Taxation.The provincial legislatures have a more restricted authority under ss.
Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.In turn, the provincial legislatures have authorized municipal councils to levy specific types of direct tax, such as property tax.
Bills for appropriating any Part of the Public Revenue, or for imposing any Tax or Impost, shall originate in the House of Commons.
It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed.
No Lands or Property belonging to Canada or any Province shall be liable to Taxation.Since the 1930 Supreme Court of Canada ruling in Lawson v. Interior Tree Fruit and Vegetables Committee of Direction, taxation is held to consist of the following characteristics:[1] In order for a tax to be validly imposed, it must meet the requirements of s. 53 of the Constitution Act, 1867, but the authority for such imposition may be delegated within certain limits.
The provision codifies the principle of no taxation without representation, by requiring any bill that imposes a tax to originate with the legislature.
My interpretation of s. 53 does not prohibit Parliament or the legislatures from vesting any control over the details and mechanism of taxation in statutory delegates such as the Lieutenant Governor in Council.
Rather, it prohibits not only the Senate, but also any other body other than the directly elected legislature, from imposing a tax on its own accord.
But if the legislature expressly and clearly authorizes the imposition of a tax by a delegated body or individual, then the requirements of the principle of “no taxation without representation” will be met.
Second, the government enacting the delegating legislation remains ultimately accountable to the electorate at the next general election.
[4]In Westbank First Nation v. British Columbia Hydro and Power Authority, the SCC declared that a government levy would be in pith and substance a tax if it was "unconnected to any form of a regulatory scheme.
In Confédération des syndicats nationaux v. Canada (Attorney General), a funding scheme for employment insurance that was intended to be self-financing instead generated significant surpluses that were not used to reduce EI premiums in accordance with the legislation.
[8] The question of whether a tax is "direct taxation" (and thus falling within provincial jurisdiction) was summarized by the Judicial Committee of the Privy Council in The Attorney General for Quebec v Reed,[9] where Lord Selborne stated:
The question whether it is a direct or indirect tax cannot depend on those special events which may vary in particular cases; but the best general rule is to look to the time of payment; and if at the time the ultimate incidence is uncertain, then, as it appears to their Lordships, it cannot, in this view, be called direct taxation within the meaning of [s. 92(2)]..."Indirect taxation" has been summarized by Rand J in Canadian Pacific Railway Co. v. Attorney General for Saskatchewan in these words:[10]
However much, in any case, these may be actually "intended" or "expected" to be passed on, it is now settled that they are to be so treated.When the definition of "direct taxation" is read with s. 92(2)'s requirement that it be levied "within the Province", it has been held that: Allard Contractors Ltd. v. Coquitlam (District) held that: Federal taxes are collected by the Canada Revenue Agency (CRA).
[32] Federal and provincial income tax rates are shown at Canada Revenue Agency's website.
Tax-Free Savings Accounts allow people to hold financial instruments without taxation on the income earned.
From 1932[35] until 1951,[36] Canadian companies were able to file consolidated tax returns, but this was repealed with the introduction of the business loss carryover rules.
[37] In 2010, the Department of Finance launched consultations to investigate whether corporate taxation on a group basis should be reintroduced.
[37] As no consensus was reached in such consultations, it was announced in the 2013 Budget that moving to a formal system of corporate group taxation was not a priority at this time.
It is generally accepted that higher prices help deter consumption of these items, which increase health care costs stemming from their use.
The price appreciation or loss during the time the property was not a primary residence will be subject to treatment as capital gains.
[61] It was repealed at the end of 1971, but rules governing the tax on capital gains that then came into effect include gifts as deemed dispositions made at fair market value,[62] that come within their scope.
[64][65] Succession duties were in effect in the various provinces at the following times:[66] Estate taxes, which were not subject to the territorial limitations that affected provincial taxation, were first introduced at the federal level under the Dominion Succession Duty Act in 1941,[67] which was later replaced by the Estate Tax Act in 1958.