The Agnico-Eagle methodology would appear to potentially result in an issuer of U.S.-dollar debentures (where the underlying shares have appreciated even if the U.S. dollar has appreciated) being considered to have realized a loss. Does CRA agree that an issuer could be considered to realize a loss on the conversion?
CRA indicated that the loss did not arise because of the fluctuation in a foreign currency relative to the Canadian dollar (and instead arose from the appreciation of shares of the taxpayer), so that it was not described in s. 39(2) (nor was it a s. 39(1) loss from the disposition of property).
CRA also indicated that if a similar case arose, it would consider that s. 143.3(3)(b) also denied a loss respecting the share appreciation.