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Vol. 141, No. 23 — November 14, 2007

Registration
SI/2007-99 November 14, 2007

FINANCIAL ADMINISTRATION ACT

Certain Former Employees of SDL Optics, Inc. Remission Order

P.C. 2007-1635 October 25, 2007

Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of National Revenue, pursuant to subsection 23(2) (see footnote a) of the Financial Administration Act, hereby makes the annexed Certain Former Employees of SDL Optics, Inc. Remission Order.

CERTAIN FORMER EMPLOYEES OF SDL OPTICS, INC. REMISSION ORDER

INTERPRETATION

1. In this Order, "employment benefit" means a benefit under subsection 7(1) of the Income Tax Act in respect of the acquisition of shares, in 1999 and 2000, through the stock purchase plan for employees of SDL Optics, Inc.

REMISSION

2. Remission is granted to the taxpayers set out in column 1 of the schedule for the amount set out in column 2, in respect of the 1999 or 2000 taxation years, as the case may be, which represents,

(a) for those taxpayers set out in items 1 to 21 of the schedule, all or a portion of tax paid or payable under Part I of the Income Tax Act in respect of an employment benefit; or

(b) for those taxpayers set out in items 22 to 42 of the schedule, all or a portion of interest paid or payable under Part I of that Act, on tax paid or payable under that Part in respect of an employment benefit.

CONDITIONS

3. The remission set out in paragraph 2(a) is granted with one of the following conditions:

(a) in respect of those taxpayers set out in items 1, 4 to 11, 13, 15, and 17 to 19 of the schedule, that the taxpayer agrees to reduce the adjusted cost base of any shares held at the close of the stock markets on December 29, 2006 that were, or are identical to those, purshased in 1999 or 2000 through the stock purchase plan for employees of SDL Optics, Inc. by the amount set out in column 2 of the schedule, divided be the taxpayer's effective federal tax rate on the employment benefit; and

(b) in respect of those taxpayers set out in item 2, 3, 12, 14, 20 and 21 of the schedule, that the taxpayer agrees not to claim a deduction in respect of net capital losses, equal to one-half the amount set out in column 2 of the schedule, divided by the taxpayer's effective federal tax rate on the employment benefit.

SCHEDULE
(Sections 2 and 3)



Item
Column 1

Taxpayer
Column 2

Amount ($)
1. Sheri Colwell 1,430.92
2. Timothy Couch 6,551.90
3. Grant Coulombe 7,261.63
4. Rhonda Fleming 10,753.70
5. Vicki Harris 15,868.95
6. Hanna Kowalski 3,563.23
7. John Lauder 734.62
8. Howard Lo 14,285.42
9. Timothy Ying Tai Lo 30,675.50
10. Laura Meyer 134,847.28
11. Christie Michaud 2,587.67
12. Christine Mollerud 183,371.94
13. Anthony Ong 14,247.68
14. Mark Ord 2,718.19
15. Dennis Rasmussen 3,975.60
16. Dean Rheault 4,038.83
17. Cornelis Scheffer 672.63
18. Pamela Shwab 183.47
19. Peter Stern 5,945.87
20. Penny Taylor 20,202.28
21. Sandra Woodward 2,641.04
22. Victoria Barter 14,589.26
23. Allan Baxter 3,451.66
24. David Bengston 441.50
25. David Benson 860.22
26. Shannon Campbell 3,390.45
27. Timothy Couch 1,679.34
28. Grant Coulombe 2,733.15
29. Gloria Davenport 21,102.90
30. Connie Gethings 479.08
31. Don Hargreaves 12,706.01
32. Howard Lo 1,003.51
33. Laura Meyer 52,089.41
34. Tracy Mills 47,108.37
35. Christine Mollerud 179,260.64
36. Carina Paredes 3,287.87
37. Martha Perdomo 543.98
38. Dean Rheault 1,584.06
39. Penny Taylor 28.91
40. Richard Van Acken 51.82
41. Joseph Wood 14,330.76
42. Sandra Woodward 3.30

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order remits all or a portion of federal income tax paid or payable in respect of the 1999 or 2000 taxation years, as the case may be, by certain former employees of SDL Optics, Inc. Those individuals qualify for tax remission if the tax assessed on the employment benefit associated with shares acquired in 1999 or 2000 through the stock purchase plan for employees of SDL Optics, Inc. exceeds the total of the proceeds of disposition realized on the disposition of those shares and the market value of any of those shares held at the close of stock markets on December 29, 2006. The amount remitted is subject to certain conditions and adjustments.

The Order also remits, to certain former employees of SDL Optics, Inc., all or a portion of interest paid or payable on tax paid or payable on an employment benefit in respect of shares acquired in 1999 or 2000 through the stock purchase plan for employees of SDL Optics, Inc.

Footnote a

S.C. 1991, c. 24, s. 7(2)


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