An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act (S.C. 2016, c. 14)
Full Document:
Assented to 2016-12-15
Marginal note:2011, c. 24, s. 175
13 (1) Subsection 21(1) of the Act is replaced by the following:
Marginal note:Amount to be deducted and remitted by employer
21 (1) Every employer paying remuneration to an employee employed by the employer at any time in pensionable employment shall deduct from that remuneration as or on account of the employee’s contributions for the year in which the remuneration in respect of the pensionable employment is paid to the employee any amount that is determined in accordance with prescribed rules and shall remit that amount, together with any amount that is prescribed with respect to the contributions required to be made by the employer under this Act, to the Receiver General at any time that is prescribed and, if at that prescribed time the employer is a prescribed person, the remittance shall be made to the account of the Receiver General at a financial institution (within the meaning that would be assigned by the definition financial institution in subsection 190(1) of the Income Tax Act if that definition were read without reference to its paragraphs (d) and (e)).
Marginal note:1997, c. 40, s. 62
(2) Subsection 21(3.1) of the Act is replaced by the following:
Marginal note:Payment and deemed notification
(3.1) Once the decision under subsection 27.2(3) or section 28 is communicated to the employer, the employer is liable without interest or penalties under this Act to pay any contribution required to be paid by the employer with respect to the employee. On payment by the employer of any amount as or on account of that contribution, the employee is deemed to have notified the Minister as required by paragraph 15(1)(b), 15.1(1)(b) or 15.2(1)(b) of the employer’s failure to deduct the amount of that contribution from the remuneration of the employee.
Marginal note:1998, c. 19, s. 252(1)
14 Subsection 23(3) of the French version of the Act is replaced by the following:
Marginal note:Montant déduit non remis
(3) L’employeur qui a déduit de la rémunération d’un employé un montant au titre des cotisations que ce dernier est tenu de verser, ou à valoir sur celles-ci, mais ne l’a pas remis au receveur général est réputé, malgré toute autre garantie au sens du paragraphe 224(1.3) de la Loi de l’impôt sur le revenu concernant le montant, le détenir en fiducie pour Sa Majesté, séparé de ses propres biens et des biens détenus par son créancier garanti, au sens de ce paragraphe qui, en l’absence de la garantie, seraient ceux de l’employeur, et en vue de le verser à Sa Majesté selon les modalités et dans le délai prévus par la présente loi.
Marginal note:1991, c. 49, ss. 210(1) and 211(1); 1993, c. 24, ss. 145(1) and 146(1); 1994, c. 21, s. 124(1)
15 Sections 31 to 34 of the Act are replaced by the following:
Marginal note:Estimate to be made
31 Every person who is required by section 30 to file a return of the person’s self-employed earnings shall in the return estimate the amount of the contributions to be made by the person in respect of those earnings.
Marginal note:Examination of return and notice of assessment
32 The Minister shall, with all due dispatch, examine each return of self-employed earnings and assess the contributions for the year in respect of those earnings and the interest and penalties, if any, payable, and, after the examination, shall send a notice of assessment to the person by whom the return was filed.
Marginal note:Payment of contributions
33 (1) If the amount of the contributions required to be made by a person for a year in respect of the person’s self-employed earnings is $40 or less, or a person who is required by this Act to make contributions for a year in respect of the person’s self-employed earnings is not required by section 155 or 156 of the Income Tax Act to pay instalments for that year in respect of the person’s income tax, the person shall, on or before the person’s balance-due day for the year, pay to the Receiver General the whole amount of the contributions.
Marginal note:Farmers and fishers
(2) Every person to whom section 155 of the Income Tax Act applies, other than a person to whom subsection (1) applies, shall pay to the Receiver General on or before December 31 in each year, two thirds of
Marginal note:Other persons
(3) Every person, other than a person to whom subsection (1) or (2) applies, shall pay to the Receiver General in respect of each year
(a) on or before March 15, June 15, September 15 and December 15 in the year, an amount equal to one quarter of
(b) on or before
(i) March 15 and June 15 in the year, an amount equal to one quarter of the contributions required in respect of the person’s self-employed earnings for the second preceding year, and
(ii) September 15 and December 15 in the year, an amount equal to one half of the amount, if any, by which
(A) the contributions required in respect of the person’s self-employed earnings for the preceding year
exceeds
(B) one half of the contributions required in respect of the person’s self-employed earnings for the second preceding year.
Marginal note:Payment of remainder of estimated contributions
(4) A person referred to in subsection (2) or (3) shall also pay to the Receiver General, on or before the person’s balance-due day for the year, the remainder of the contributions as estimated under section 31. However, paragraphs (2)(a) and (b) and (3)(a) and (b) do not require the payment of any amount in respect of the person that would otherwise become due after the person’s death.
Marginal note:Interest on unpaid contributions
34 (1) If the amount paid by a person on or before the person’s balance-due day for a year on account of contributions required to be made by the person for the year in respect of the person’s self-employed earnings is less than the amount of the contributions required to be made by the person, interest at a prescribed rate per annum is payable by the person on the difference between those amounts from the balance-due day for the year to the day of payment.
Marginal note:Interest on instalments
(2) In addition to any interest payable under subsection (1), if a person, being required by section 33 to pay a part or instalment of the contributions required to be made by the person, has failed to pay all or any part of the contributions as required, the person shall, on payment of the amount that the person failed to pay, pay interest on the amount at a prescribed rate per annum from the day on or before which the person was required to make the payment to the day of payment or the beginning of the period in respect of which the person is liable to pay interest on the amount under subsection (1), whichever is the earlier.
Marginal note:Limitation for farmers and fishers
(3) For the purposes of subsection (2), if a person is required by subsection 33(2) to pay a part or instalment of the contributions required to be made by the person in respect of the person’s self-employed earnings, the person is deemed to have been liable to pay on or before the day referred to in subsection 33(2) a part or instalment that is equal to one of the following amounts, whichever gives rise to the least amount required to be paid by the person on or before that day:
(a) the contributions required to be made by the person for the year in respect of the person’s self-employed earnings, minus $40;
(b) the contributions required in respect of the person’s self-employed earnings for the preceding year;
(c) the amount stated to be the amount of the instalment payable by the person for the year in the notice, if any, sent to the person by the Minister.
Marginal note:Limitation for other persons
(4) For the purposes of subsection (2), if a person is required by subsection 33(3) to pay a part or instalment of the contributions required to be made by the person in respect of the person’s self-employed earnings, the person is deemed to have been liable to pay on or before each day referred to in subsection 33(3) a part or instalment that is equal to one of the following amounts, whichever gives rise to the least total amount of those parts or instalments required to be paid by the person by that day:
(a) the contributions required to be made by the person for the year in respect of the person’s self-employed earnings, minus $40;
(b) the contributions required in respect of the person’s self-employed earnings for the preceding year;
(c) the amounts determined under paragraph 33(3)(b) in respect of the person for the year;
(d) the amounts stated to be the amounts of instalment payable by the person for the year in the notices, if any, sent to the person by the Minister.
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