Marginal note:1993, c. 27, s. 127(1)

• 149. (1) Section 281.1 of the Act is replaced by the following:

  Marginal note:Waiving or cancelling interest

  • 281.1 (1) The Minister may, on or before the day that is ten calendar years after the end of a reporting period of a person, waive or cancel interest payable by the person under section 280 on an amount that is required to be remitted or paid by the person under this Part in respect of the reporting period.

  • Marginal note:Waiving or cancelling penalties

    (2) The Minister may, on or before the day that is ten calendar years after the end of a reporting period of a person, waive or cancel all or any portion of any

    • (a) penalty that became payable by the person under section 280 before April 1, 2007, in respect of the reporting period; and

    • (b) penalty payable by the person under section 280.1 in respect of a return for the reporting period.

• (2) Subsection (1) comes into force on April 1, 2007.

Marginal note:1990, c. 45, s. 12(1)

• 150. (1) Section 283 of the Act is replaced by the following:

  Marginal note:Failure to answer demand

  283. Every person who fails to file a return when required pursuant to a demand issued under section 282 is liable to a penalty equal to $250.

• (2) Subsection (1) applies in respect of any demand under section 282 of the Act served by the Minister of National Revenue on or after April 1, 2007.

Marginal note:1997, c. 10, s. 78(2)

• 151. (1) The portion of subsection 296(2) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Application d’un crédit non demandé

    (2) Le ministre, s’il constate les faits ci-après relativement à un montant (appelé « crédit déductible » au présent paragraphe) lors de l’établissement d’une cotisation concernant la taxe nette d’une personne pour une période de déclaration donnée de celle-ci, prend en compte le crédit déductible dans l’établissement de la taxe nette pour cette période comme si la personne avait demandé le crédit déductible dans une déclaration produite pour cette pé- riode :

• Marginal note:1997, c. 10, s. 78(2)

  (2) The portion of subsection 296(2) of the English version of the Act after paragraph (c) is replaced by the following:

  the Minister shall take the allowable credit into account in assessing the net tax for the particular reporting period as if the person had claimed the allowable credit in a return filed for the period.

• Marginal note:1997, c. 10, s. 78(2)

  (3) The portion of subsection 296(2.1) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Application d’un montant de remboursement non demandé

    (2.1) Le ministre, s’il constate les faits ci-après relativement à un montant (appelé « montant de remboursement déductible » au présent paragraphe) lors de l’établissement d’une cotisation concernant la taxe nette d’une personne pour une période de déclaration de celle-ci ou concernant un montant (appelé « montant impayé » au présent paragraphe) qui est devenu payable par une personne en vertu de la présente partie, applique tout ou partie du montant de remboursement déductible en réduction de la taxe nette ou du montant impayé comme si la personne avait payé ou versé, à la date visée aux sous-alinéas a)(i) ou (ii), le montant ainsi appliqué au titre de la taxe nette ou du montant impayé :

• Marginal note:1997, c. 10, s. 78(2)

  (4) The portion of subsection 296(2.1) of the English version of the Act after paragraph (c) is replaced by the following:

  the Minister shall apply all or part of the allowable rebate against that net tax or overdue amount as if the person had, on the particular day, paid or remitted the amount so applied on account of that net tax or overdue amount.

• Marginal note:1997, c. 10, s. 78(2)

  (5) The portion of subsection 296(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Application or payment of credit

    (3) If, in assessing the net tax of a person for a particular reporting period of the person, the Minister determines that there is an overpayment of net tax for the particular period, except where the assessment is made in the circumstances described in paragraph 298(4)(a) or (b) after the time otherwise limited for the assessment by paragraph 298(1)(a), the Minister shall

• Marginal note:1997, c. 10, s. 78(2)

  (6) The portion of subparagraph 296(3)(b)(i) of the Act before clause (A) is replaced by the following:

  • (i) all or part of the overpayment that was not applied under paragraph (a) together with interest at the prescribed rate on all or that part of the overpayment, computed for the period beginning on the day that is 30 days after the latest of

• Marginal note:1997, c. 10, s. 78(2)

  (7) The portion of paragraph 296(3)(c) of the Act before subparagraph (i) is replaced by the following:

  • (c) refund to the person that part of the overpayment that was not applied under paragraphs (a) and (b) together with interest at the prescribed rate on that part of the overpayment, computed for the period beginning on the day that is 30 days after the latest of

• Marginal note:1997, c. 10, s. 78(2)

  (8) The portion of subsection 296(3.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Application or payment of rebate

    (3.1) If, in assessing the net tax of a person for a particular reporting period of the person or an amount (in this subsection referred to as the “overdue amount”) that became payable by a person under this Part, all or part of an allowable rebate referred to in subsection (2.1) is not applied under that subsection against that net tax or overdue amount, except where the assessment is made in the circumstances described in paragraph 298(4)(a) or (b) after the time otherwise limited for the assessment by paragraph 298(1)(a), the Minister shall

• Marginal note:1997, c. 10, s. 78(2)

  (9) The portion of subparagraph 296(3.1)(b)(i) of the Act before clause (A) is replaced by the following:

  • (i) all or part of the allowable rebate that was not applied under subsection (2.1) or paragraph (a) together with interest at the prescribed rate on all or that part of the allowable rebate, computed for the period beginning on the day that is 30 days after the later of

• Marginal note:1997, c. 10, s. 78(2)

  (10) The portion of paragraph 296(3.1)(c) of the Act before subparagraph (i) is replaced by the following:

  • (c) refund to the person that part of the allowable rebate that was not applied under any of subsection (2.1) and paragraphs (a) and (b) together with interest at the prescribed rate on that part of the allowable rebate, computed for the period beginning on the day that is 30 days after the later of

• Marginal note:1997, c. 10, s. 78(2)

  (11) Paragraph 296(4)(b) of the Act is replaced by the following:

  • (b) shall not be refunded under paragraph (3)(c) unless the input tax credit or deduction would have been allowed as an input tax credit or deduction, as the case may be, in determining the net tax for another reporting period of the person if the person had claimed the input tax credit or deduction in a return under Division V filed on the day notice of the assessment is sent to the person.

• Marginal note:1997, c. 10, s. 78(2)

  (12) Paragraph 296(4.1)(b) of the Act is replaced by the following:

  • (b) shall not be refunded under paragraph (3.1)(c) unless the allowable rebate would have been payable to the person as a rebate if the person had claimed it in an application under this Part filed on the day notice of the assessment is sent to the person, and, where the rebate is in respect of an amount that is being assessed, if the person had paid or remitted that amount.

• Marginal note:1990, c. 45, s. 12(1)

  (13) Subsection 296(7) of the Act is replaced by the following:

  • Marginal note:Interest on cancelled amounts

    (6.1) Despite subsection (6), if a person has paid an amount of interest or penalty and the Minister cancels that amount under section 281.1, the Minister shall refund the amount to the person, together with interest on the amount at the prescribed rate for the period beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that section and ending on the day on which the refund is paid.

  • Marginal note:Restriction on refunds

    (7) An amount under this section shall not be refunded to a person at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Income Tax Act have been filed with the Minister.

• (14) Subsections (1) to (5), (8) and (11) to (13) come into force on April 1, 2007.

• (15) Subsections (6), (7), (9) and (10) apply to any reporting period of a person that ends on or after April 1, 2007.

Marginal note:1990, c. 45, s. 12(1); 1993, c. 27, s. 130(4)

• 152. (1) Subsection 297(4) of the Act is replaced by the following:

  • Marginal note:Interest on rebate

    (4) If a rebate under section 215.1 or Division VI (other than section 253) is paid to a person under subsection (3), the Minister shall pay interest at the prescribed rate to the person on the rebate for the period beginning on the day that is 30 days after the day the application in which the rebate is claimed is filed with the Minister and ending on the day the rebate is paid.

• Marginal note:1990, c. 45, s. 12(1)

  (2) Subsection 297(5) of the Act is repealed.

• (3) Subsection (1) applies

  • (a) to any rebate under section 259, 259.1 or 261.01 of the Act if the claim period for the rebate ends on or after April 1, 2007; and

  • (b) to any other rebate if the application in which the rebate is claimed is filed with the Minister of National Revenue on or after April 1, 2007.

• (4) Subsection (2) applies in respect of interest payable by the Minister of National Revenue under subsection 297(4) of the Act on or after April 1, 2007.

• 153. (1) The Act is amended by adding the following after section 297:

  Marginal note:Minimum amounts owed to Her Majesty

  • 297.1 (1) If the Minister determines, at any time, that the total of all amounts owing by a person to Her Majesty in right of Canada under this Part does not exceed two dollars, those amounts are deemed to be nil.

  • Marginal note:Minimum amounts payable by Minister

    (2) If, at any time, the total of all amounts payable by the Minister to a person under this Part does not exceed two dollars, the Minister may apply those amounts against any amount owing, at that time, by the person to Her Majesty in right of Canada. However, if the person, at that time, does not owe any amount to Her Majesty in right of Canada, those amounts payable are deemed to be nil.

• (2) Subsection (1) comes into force on April 1, 2007.

Marginal note:2000, c. 19, s. 71

• 154. (1) Paragraph 298(1)(e) of the Act is replaced by the following:

  • (e) in the case of any penalty payable by the person, other than a penalty under section 280.1, 285 or 285.1, more than four years after the person became liable to pay the penalty;

• (2) Subsection (1) applies in respect of any penalty that becomes payable on or after April 1, 2007.

Marginal note:1990, c. 45, s. 12(1)

• 155. (1) Subsection 313(3) of the Act is replaced by the following:

  • Marginal note:Interest on judgments

    (3) If a judgment is obtained for any tax, net tax, penalty, interest or other amount payable or remittable under this Part, including a certificate registered under section 316, the provisions of this Part by which interest is payable for failure to pay or remit the amount apply, with such modifications as the circumstances require, to failure to pay the judgment debt, and the interest is recoverable in like manner as the judgment debt.

• (2) Subsection (1) applies in respect of any judgment obtained for amounts that became payable or remittable to the Receiver General on or after April 1, 2007.

Marginal note:1990, c. 45, s. 12(1)

• 156. (1) Subsection 315(1) of the Act is replaced by the following:

  Marginal note:Assessment before collection

  • 315. (1) The Minister may not take any collection action under sections 316 to 321 in respect of any amount payable or remittable by a person that may be assessed under this Part, other than interest, unless the amount has been assessed.

• (2) Subsection (1) comes into force on April 1, 2007.

Marginal note:2000, c. 30, s. 94(3)

• 157. (1) Subparagraphs 316(11)(b)(i) and (ii) of the Act are replaced by the following:

  • (i) in the case of interest, interest at the prescribed rate under this Part applicable from time to time on amounts payable to the Receiver General, without indicating the specific rates of interest to be charged on each of the separate amounts or to be charged for any particular period of time, or

  • (ii) in the case of a penalty, a penalty under section 280.1 on amounts payable to the Receiver General.

• (2) Subsection (1) applies in respect of any certificate made under subsection 316(1) of the Act in respect of amounts that became payable or remittable to the Receiver General on or after April 1, 2007.

Marginal note:2000, c. 14, s. 36

• 158. (1) Paragraph 322.1(3)(f) of the Act is replaced by the following:

  • (f) sections 280, 280.1 and 284 apply as if the net tax for the assessed period were not required to be remitted, and the return for that period were not required to be filed, until the last day of the period described in subsection (9).

• (2) Subsection (1) comes into force on April 1, 2007.

Marginal note:1990, c. 45, s. 12(1)

• 159. (1) Subsection 326(3) of the Act is replaced by the following:

  • Marginal note:Saving

    (3) A person who is convicted under this section of failing to comply with a provision of this Part or a regulation made under this Part is not liable to pay a penalty imposed under section 280.1, 283 or 284 for the same failure, unless a notice of assessment for the penalty was issued before the information or complaint giving rise to the conviction was laid or made.

• (2) Subsection (1) comes into force on April 1, 2007.

Marginal note:2000, c. 19, s. 72

• 160. (1) Subsection 327(3) of the Act is replaced by the following:

  • Marginal note:Penalty on conviction

    (3) A person who is convicted of an offence under this section is not liable to pay a penalty imposed under any of sections 280.1 and 283 to 285.1 for the same evasion or attempt unless a notice of assessment for that penalty was issued before the information or complaint giving rise to the conviction was laid or made.

• (2) Subsection (1) comes into force on April 1, 2007.

R.S., c. 1 (5th Supp.)Income Tax Act

• 161. (1) Paragraph 18(1)(t) of the Income Tax Act is replaced by the following:

  • Marginal note:Payments under different acts

    (t) any amount paid or payable

    • (i) under this Act (other than tax paid or payable under Part XII.2 or Part XII.6),

    • (ii) as interest under Part IX of the Excise Tax Act, or

    • (iii) as interest under the Air Travellers Security Charge Act;

• (2) Subsection (1) applies to taxation years that begin on or after April 1, 2007.