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23 March 2011 Internal T.I. 2010-0389081I7 F- Disposition of a resource property-- summary under Element F Summary Under Tax Topics- Income Tax Act- Section 66.2- Subsection 66.2(5)- cumulative Canadian development expense- Element F proceeds from mineral claims sale included undiscounted deferred cash proceeds, but might exclude share consideration until issued; purchaser’s CEE obligation excluded The Vendor sold a percentage of its interest in unproven resource properties (the “Mining Properties”) in consideration for cash paid on signing and for stipulated cash sums and shares of the Purchaser (also a public corporation) which, in each case, were to be paid over a four-year period on the four anniversaries of the effective date of the agreement. ... After noting that the Mining Properties appeared to be property described in (f) of the Canadian resource property definition, that their disposition date was “the effective date and the date on which the conditions … were satisfied,” that the sale agreement did not specify a sale price, and that in F of the CCDE definition the “the expression ‘became receivable’ should have the same meaning as for the purposes of paragraph 12(1)(b),” the Directorate first turned to the cash component of the deferred consideration and stated that, having regard to jurisprudence indicating that where proceeds included note receivable, the value of such notes was not to be discounted: this is even more the case when it comes to monetary consideration. ... The Directorate also stated that it was prepared to extend the position in IT-125R4, para. 14 respecting farmouts to this situation, so that: an amount equal to the exploration expenses [required to be incurred by the Purchaser] would not result in proceeds of disposition to the Vendor for purposes of element F …. ...

23 March 2011 Internal T.I. 2010-0389081I7 F- Disposition of a resource property-- summary under Paragraph 12(1)(g) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(g) deferred share consideration potentially not recognized until issuance The Vendor sold a percentage interest in mineral claims for consideration including shares to be issued by the public-company purchaser, to be issued over a four-year period. The Directorate noted that the shares’ market price could “fluctuate greatly,” and indicated that the TSO accordingly might: conclude that such portion of the proceeds of disposition for the Mining Properties by the Vendor is not determinable prior to the date of issuance of the shares by the Purchaser and that such portion of the proceeds of disposition would be recognized for tax purposes at the times of their issuance …. ...

23 March 2011 Internal T.I. 2010-0389081I7 F- Disposition of a resource property-- summary under Paragraph (a) Summary Under Tax Topics- Income Tax Act- Section 54- Proceeds of Disposition- Paragraph (a) proceeds included full (undiscounted) deferred cash proceeds, but might exclude share consideration (with volatile market price) until issued The Vendor sold a percentage interest in mineral claims (the “Mining Properties”) for consideration including deferred cash payments and shares to be issued by the public-company Purchaser, in each case, to be paid or issued over a four-year period. ... Turning to the deferred share issuance consideration, the Directorate noted that the shares’ market price could “fluctuate greatly,” and indicated that the TSO accordingly might: conclude that such portion of the proceeds of disposition for the Mining Properties by the Vendor is not determinable prior to the date of issuance of the shares by the Purchaser and that such portion of the proceeds of disposition would be recognized for tax purposes at the times of their issuance …. ...

25 January 2010 Internal T.I. 2009-0319951I7- Article 15 & definition of permanent establishment-- summary under Article 15 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 15 PE to be determined under treaty of residence of employee rather than employer ACo is a British company that performed seismic surveys offshore Canada. ... Respecting the Norwegian and Netherlands treaties, CRA stated: Paragraph 1 of Article 21 of the Canada-Norway Treaty- Offshore Activities states that Article 21 applies notwithstanding any other provision of the treaty. … Subparagraph 5(a) of Article 21 states that…remuneration derived by an employee who is resident in Norway in respect of employment connected with the exploration or exploitation of the seabed and subsoil and their natural resources situated in Canada may be taxed in Canada, but only if the employment exceeds 30 days in any 12-month period. Therefore, if the employment exceeds 30 days, remuneration paid by BCo to employees who are resident in Norway may be taxed in Canada. … Paragraph 3 of Article 23 [of the Netherlands Treaty] provides…that "an enterprise of one of the States" will be deemed to be carrying on business in Canada through a permanent establishment if the enterprise carries on Offshore Activities in Canada for more than 30 days in any 12 month period. ...

In finding that the remission was not available, the Directorate stated: [A] "Canadian resource property" does not constitute a TCP. A taxable capital gain from the disposition of a "Canadian resource property" is therefore not included pursuant to subparagraph 115(1)(a)(iii) …. [Furthermore] … it is highly doubtful that the Right can be considered real property …. ...

., to expose steeply-dipping mineralization) and digging test pits (for shallow mineralization) Definition or infill drilling, Resource estimation and deposit delineation, deposit modelling and updating resource estimates Testing of rock stability, of mineral resource dilution (re waste rock) and of metallurgy (re difficulty of separating pay material) including grinding tests Metallurgical separation testing on core or bulk samples (to determine recoverable percentage of minerals) – but not if for determining an optimal method of separation Bulk sampling (in reasonable sizes) for determining the effective grade (after dilution), performing grinding tests and whether any separation process (e.g. flotation or solvent extraction) allows minimum quality specifications- provided it is not for determining the optimal processing method Note: various of the above items do not qualify as CEE if they are performed for camp, infrastructure or mine design purposes. ... (f) potentially may include activities engaged in after the feasibility study preparation “to increase the level of geological knowledge and confidence in the mineral resource.” ... The following are deductible under s. 9 if incurred before making a decision to bring the mine into production (otherwise generally Class 41 or 41.2 assets or other depreciable property, or Class 14.1 if the property is not acquired – or CDE under para. ...

10 October 2006 Internal T.I. 2006-0169051I7- Successor Pool Issues-- summary under Subsection 66.7(5) Summary Under Tax Topics- Income Tax Act- Section 66.7- Subsection 66.7(5) Given that the successor provisions concern income attributable to " production from the particular property", rather than income attributable to the "particular property", a taxpayer may deduct its successored resource pools against income from a particular successor property (e.g., a lease) that has only arisen as a result of development of the property after the successoring of the resource pools, even though the further development could itself be regarded as giving rise to a new form of Canadian resource property (the oil or gas well). ...

Treaty provides that a permanent establishment exists in a Contracting State if the use of an installation or drilling rig or ship in that State to explore for or exploit natural resources is for more than three months in any twelve-month period. ... Accordingly … “three months” generally means the aggregation of the number of days in three months. ... Treaty includes preparation time, it stated: During preparation time, the installation or drilling rig or ship in question is in the process of getting ready to operate and is not yet capable of being utilized to explore for or exploit natural resources. ...

11 August 2020 Internal T.I. 2018-0782181I7- Successored CCEE and Non-Capital Losses-- summary under Subsection 66.7(3) Summary Under Tax Topics- Income Tax Act- Section 66.7- Subsection 66.7(3) deductions of successored resource expenditures cannot generate a non-capital loss Can a principal-business corporation create or increase a non-capital loss with a deduction for successored cumulative Canadian exploration expense (“CCEE”) under s. 66.7(3)? ... This is in contrast to a subsection 66.1(2) deduction … [which] cannot result in the preservation (or creation or increase) of a non-capital loss. … [E]ven though deductions under subsection 66.7(3) (as well as under subsections 66.7(4) and (5)) might effectively preserve all or part of a current year loss as discussed above, they cannot, in and of themselves, create or increase a taxpayer’s non-capital loss. ... For taxation years ending after 2020, the CRA’s assessing practice will take into account the above position for all types of successored resource pools. ...

In our view, this resource constitutes a relief provided by the State to people in need because of their state of health. ... [A]mounts paid when a space reserved by the public facility is not occupied by a user … are paid based on a review of the users' needs because the amount is calculated based on what the users would have needed if they had occupied the spaces. As regards the contribution of users … it could also constitute a social assistance benefit …. ...