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FederalDid not become law (session ended)41st Parliament, 1st Session

Bill S-205 explained in plain English

An Act to amend the Income Tax Act (carbon offset tax credit)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 1st Session
Bill number
Bill S-205
Full title
An Act to amend the Income Tax Act (carbon offset tax credit)
Current status
Did not become law (session ended)
Latest event
At consideration in committee in the Senate
Last updated
May 9, 2012

Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At consideration in committee in the Senate
Latest Activity
May 9, 2012
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-205 would add a new non-refundable federal tax credit for individuals who pay for carbon offset investments approved by the Minister.

What It Means

This bill proposes to amend the federal Income Tax Act to create a new tax credit for people who purchase carbon offsets. Under the proposed changes, individuals could reduce their federal income tax by claiming a credit based on money they spend on approved carbon offset projects. The bill defines an "offset project" as any project, program, or activity that avoids, reduces, stores, displaces, or reduces the effects of carbon dioxide emissions. Only spending on approved projects through designated carbon offset providers would qualify for the credit. The Minister of National Revenue would have the authority to approve which offset projects qualify and which organizations can be carbon offset providers. The bill also makes related technical changes to how other tax credits interact with this new credit to prevent double-counting or improper stacking of credits. The new credit would apply starting in the 2012 taxation year.

What This Bill Does
  • Creates a new non-refundable federal tax credit for eligible carbon offset purchase expenses paid to approved carbon offset providers
  • Defines 'offset project' as any project, program, or activity that avoids, reduces, sequesters, displaces, or mitigates the effects of carbon dioxide emissions
  • Grants the Minister of National Revenue authority to approve offset projects or types of projects based on prescribed criteria
  • Grants the Minister authority to designate persons or entities as carbon offset providers
  • Allows the Minister to revoke approvals of offset projects or designations of offset providers in writing
  • Requires that individuals must file receipts with the Minister to claim the credit
  • Excludes from the credit any spending that is required to be paid under federal or provincial law
  • Excludes from the credit spending with parties that the individual does not deal with at arm's length, or projects managed by such parties
  • Makes technical changes to sections 118.3, 118.61, 118.8, 118.81, 118.92, 118.94, 127.531, and 128 of the Income Tax Act to coordinate the new credit with existing tax credits
  • Specifies the order in which various tax credits are applied when computing tax payable
Who Is Affected
  • Individuals who purchase carbon offsets through approved providers
  • Canadian residents for tax purposes (non-residents cannot claim the credit unless substantially all their income is from Canadian sources)
  • The Minister of National Revenue (responsible for approving projects and designating providers)
  • Persons or entities seeking to be designated as carbon offset providers
  • Project operators managing approved carbon offset projects
Rights, Duties, Or Obligations
  • Individuals have the right to claim the carbon offset tax credit if they pay eligible expenses to approved providers and file receipts with the Minister
  • The credit is non-refundable, meaning it can only reduce tax owed, not generate a refund
  • Individuals must file receipts evidencing their eligible carbon offset purchase expenses with the Minister to claim the credit
  • The Minister has sole discretion to approve offset projects and designate providers based on prescribed criteria (criteria are not specified in the bill)
  • The Minister may revoke project approvals or provider designations at any time in writing
Important Dates
  • Bill had first reading in the Senate on September 29, 2011
  • The proposed new section 118.06 and related amendments would apply to the 2012 taxation year and all subsequent taxation years
Financial Or Tax Impacts
  • Creates a new federal non-refundable tax credit available to individuals who purchase approved carbon offsets
  • The credit amount is calculated as a percentage (the 'appropriate percentage' for the taxation year) multiplied by total eligible carbon offset purchase expenses
  • The bill does not specify what the percentage will be; this would be determined by regulation or government policy
  • The credit reduces federal income tax payable but cannot result in a refund
  • Related changes to other tax credits ensure the new credit does not improperly stack with or duplicate existing credits
Enforcement Or Penalties
  • The bill does not specify enforcement mechanisms or penalties for non-compliance
  • The bill does not address penalties for false claims of eligible expenses or fraudulent receipts
  • The bill does not specify consequences for providers or projects that fail to meet approval criteria
Uncertainties Or Limits
  • The bill does not specify what the 'appropriate percentage' will be for calculating the credit amount
  • The bill does not specify what 'prescribed criteria' the Minister will use to approve offset projects or evaluate providers
  • The bill does not define which government agency would administer the provider designation and approval process
  • The bill does not explain how 'arm's length' relationships will be determined or verified
  • The bill does not detail what documentation or receipts must be filed with the Minister
  • The bill does not specify how or when the Minister will approve projects or designate providers
  • The bill does not state whether eligible expenses must be paid in Canadian dollars or what conversion rules apply to foreign payments
  • The bill does not clarify whether the credit applies to carbon offset purchases made outside Canada
  • The bill does not specify enforcement mechanisms or penalties for false claims
  • The bill does not explain how the credit interacts with provincial carbon pricing schemes or other carbon-related incentives
Laws Or Regulations Affected
Income Tax Act
amended

New section 118.06 added to create a carbon offset tax credit; sections 118.3, 118.61, 118.8, 118.81, 118.92, 118.94, 127.531, and 128 amended to coordinate the new credit with other tax credits and prevent improper stacking

Source: Section 1(1), Sections 2-9

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Sep 29, 2011
Completed

Bill S-205 completed first reading in the Senate on September 29, 2011, and was later referred to committee after second reading.

Introduction and first reading, Sep 29, 2011
End of stage activity, Sep 29, 2011
Chamber sittings
Introduction and first reading - Sep 29, 2011

In a Senate sitting on September 29, 2011, Bill S-205, aiming to amend the Income Tax Act regarding a carbon offset tax credit, was introduced and received its first reading.

Step 2
Second reading
May 9, 2012
Completed

Bill S-205 completed second reading in the Senate on November 23, 2011, and was subsequently referred to committee for further consideration.

Second reading, May 9, 2012
Referral to committee, May 9, 2012
End of stage activity, May 9, 2012
Chamber sittings
Debate at second reading - Nov 23, 2011

During a Senate sitting on November 23, 2011, various procedural matters were addressed, including the adjournment of debate on Bill S-205 concerning carbon offset tax credits and the passage of the Eeyou Marine Region Land Claims Agreement Bill.

We don't have a plain-language summary for Sponsor’s speech yet. The official source linked below is the full record.

Debate at second reading - Feb 8, 2012

During a Senate sitting on February 8, 2012, senators discussed various issues, tabled reports, debated questions, and continued debate on Bill S-205 concerning a carbon offset tax credit, with that specific debate being adjourned.

Debate at second reading - Apr 4, 2012

During the Senate's second reading debate on Bill S-205, Senator Bert Brown questioned the scientific consensus on climate change and the IPCC, leading to a debate with Senator Grant Mitchell, before the debate on the bill was adjourned.

Debate at second reading - May 9, 2012

During a Senate sitting on May 9, 2012, senators discussed various issues, tabled reports, debated Bill C-26 on criminal code amendments, and advanced Bill S-205, regarding a carbon offset tax credit, to committee.

Step 3
Consideration in committee
Oct 16, 2012
Not completed

Bill S-205 was undergoing consideration in a Senate committee on October 16, 2012, with this stage of the process not yet finished.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Grant Mitchell
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced