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Clarified - vitamins and supplements NOT eligible

February 2, 2026

After the 2009 Budget was released the next step is to release a raft of changes to the Income Tax Act and Regulations relating to the Income Tax Act.

Find the technical wording changes released today by Finance here:

http://www.fin.gc.ca/drleg-apl/wmmJan09.pdf

If you scroll down or change the page number in the little box at the top of the PDF to 179 or 180, you will find the exact wording for additions to devices and equipment eligible under S. 118.2(2)(m) listed in detail in Regulation 5700.

Devices and equipment are listed in Regulation rather than in the Income Tax Act because supposedly it's easier to add items to the Regulation than it is to add them directly to the Income Tax Act.

Find the Income Tax Act on the Justice website pointed directly at medical expenses (you won't find the budget changes posted to the Income Tax Act or Regulations until the Bill is passed by Parliament, refer above to the Notice of Ways and Means Motion for those amendments):
laws.justice.gc.ca/en/I-3.3/section-118.2.html

and Regulation 5700:
laws.justice.gc.ca/en/showdoc/cr/C.R.C.-c.945/bo-ga:l_LVII//en#anchorbo-ga:l_LVII

Amendments to S.118.2(2)(n) and Regulation relating to S. 118.2(2)(n) are a reaction to a court case last year over a claim for vitamins and supplements issued by a naturopath.

The Tax Act was amended to address and clarify that these are not "lawfully" allowed and this is the Regulation 5701 referred to in the amendment.

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