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  (2) Subsection 297(5) of the Act is repealed.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

• 162. (1) Subsection 161.4(2) of the Act is replaced by the following:

  • Marginal note:Minister

    (2) If, at any time, the total of all amounts payable by the Minister to a person under this Act 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) applies to amounts owing on or after April 1, 2007.

• 163. (1) Section 164 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Withholding of refunds

    (2.01) The Minister shall not, in respect of a taxpayer, refund, repay, apply to other debts or set-off amounts under this Act at any time unless all returns of which the Minister has knowledge and that are required to be filed by the taxpayer at or before that time under this Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act have been filed with the Minister.

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

• 164. (1) Subsection 220(3) of the Act is replaced by the following:

  • Marginal note:Extensions for returns

    (3) The Minister may at any time extend the time for making a return under this Act.

• (2) Section 220 of the Act is amended by adding the following after subsection (3.7):

  • Marginal note:Dishonoured instruments

    (3.8) For the purposes of this Act and section 155.1 of the Financial Administration Act

    • (a) any charge that becomes payable at any time by a person under the Financial Administration Act in respect of an instrument tendered in payment or settlement of an amount that is payable or remittable under this Act is deemed to be an amount that becomes payable or remittable by the person at that time under this Act;

    • (b) sections 152, 158 and 159, subsections 161(1), (2) and (11), sections 162 to 167 and Division J of this Part are applicable to the amount deemed to become payable or remittable by this subsection with any modifications that the circumstances require;

    • (c) Part II of the Interest and Administrative Charges Regulations does not apply to the charge; and

    • (d) any debt under subsection 155.1(3) of the Financial Administration Act in respect of the charge is deemed to be extinguished at the time the total of the amount and any applicable interest under this Act is paid.

• (3) Subsection (1) applies in respect of extensions granted on or after April 1, 2007.

• (4) Subsection (2) applies in respect of any instrument that is dishonoured on or after April 1, 2007.