Section 252

Child

Administrative Policy

4 August 1995 T.I. 950271 (C.T.O. "Adoption in Fact - Siblings")

Before indicating that there is insufficient information to determine whether the brother of an individual could be considered to be the...

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17 March 1994 Memorandum 940252 (C.T.O. "Child Tax Credit - Supporting Person")

Discussion of whether a child is the "child" of a common-law spouse who is not the natural parent of the child. RC states that "in general terms,...

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Subsection 252(1) - Extended meaning of “child”

Paragraph 252(1)(c)

Administrative Policy

3 November 2015 External T.I. 2015-0584261E5 F - Blood relationship - step brother

Mr. X is the son of Ms. A and Mr. ABC, and Mr. Y is the son of Mr. B (who is the common-law partner of Ms. A) and of Ms. DEF (who is unrelated...

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Subsection 252(3)

See Also

Re McFarland (1987), 39 DLR (4th) 703 (Ont. H.C.)

"[I]n general usage 'spouse' means a person to whom one is bound by a legal marriage."

Words and Phrases
spouse

Subsection 252(4)

Cases

Rosenberg v. Attorney General of Canada, 98 DTC 6286 (Ont CA)

In responding to a submission that Revenue Canada should not have failed to register a pension plan that would have accorded benefits to same-sex...

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See Also

Sanford v. The Queen, 2001 DTC 2662 (TCC)

In finding that the man with whom the appellant lived and who was the father of her child was a cohabiting spouse for purposes of s. 122.6, Mogan...

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Hunter v. The Queen, 2001 DTC 907 (TCC) (Informal Procedure)

S.252(4), which deemed common-law spouses to be spouses, stated that it applied after 1992. The taxpayer had separated from his common-law spouse...

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Administrative Policy

16 February 1994 Memorandum 940385 (C.T.O. "Definition of Spouse")

Where a separation of less than 90 days takes place within a period of 12 continuous months throughout which the couple must cohabit in a conjugal...

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10 February 1994 T.I. 940224 (C.T.O. "Definition of Spouse")

Where a couple who had been living together continuously for under 12 months have a child, their date of marital status will not be considered to...

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2 February 1994 Memorandum 940059 (C.T.O. "Definition of Spouse")

Once a common-law relationship has been severed (by not cohabiting for at least 90 days because of a breakdown in the relationship) the common-law...

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Income Tax Technical News, No. 2, December 30, 1994

Discussion of when a couple are deemed to be spouses under s. 252(4)(a).