Otineka Development Corp. Ltd. v. The Queen, 94 DTC 1234, [1994] 1 CTC 2424 (TCC) -- summary under Paragraph 149(1)(d)

By services, 28 November, 2015

Two corporations carrying on business for profit that were owned by an Indian band were exempt under s. 149(1)(d) because the Indian band was a "municipality" within the ordinary meaning of that word, i.e., a "community having and exercising the powers of self-government and providing the type of services customarily provided by such a body". Bowman TCJ. stated (p. 1239):

"There can be no justification for interpreting the paragraph to deny the exemption to corporations owned by a band of Indians that has all the attributes of a municipality on the ground that it derives those attributes from the Indian Act rather than from one of the provincial statutes that regulate municipal institutions".

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