Alcan Aluminium Ltd. v. Canada
A-292-94
Marceau J.A.
17/9/97
3 pp.
Appeal from Trial Division decision ([1994] 3 F.C. D-33) dismissing action challenging notice of reassessment for appellant's 1980 taxation year-Determination by taxpayer of "earned depletion base" under Income Tax Regulations, s. 1205 to be done on basis of computation to be performed at end of taxation year only-Amendment to Regulations, s. 1205(b) must accordingly apply to any determination of depletion base to be made and in fact made after that date, that is, for taxpayers whose taxation year ends after December 11, 1979, for 1979 year and all subsequent years-Not broad application of amendment but application consistent with terms thereof, taking strictly into account date on which provision came into force as clearly intended by Parliament-Such application not in any way running counter to objectives contemplated by provision-Immediate application of amendment creating no inequality between similarly situated taxpayers-Appeal dismissed-Income Tax Regulations, C.R.C., c. 945, s. 1205(b) (as am. by SOR/81-974, s. 6).