Words and Phrases - "immediately before the transfer"

The taxpayer had actively farmed his land for 27 years and then for three years leased it to an arm’s length farmer, before transferring the land to his adult son. In finding that this three-year period likely caused the previous version of s. 73(3) not to apply, CCRA stated:

[T]he more time that elapses between the time when the taxpayer begins to use the taxpayer’s property for another purpose and the time of the transfer of that property to a child of the taxpayer, the more difficult it will be to claim that the conditions set out in subsection 73(3) were met “before the transfer”. ...

[I]t is highly likely that the expression “before the transfer” refers only to the period during which Mr. A leased his land. In fact, a great deal of time (three years) has elapsed since the farm property was used in a farming business in which Mr. A was actively involved on a regular and continuous basis.