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Select Luxury Items Tax Act (S.C. 2022, c. 10, s. 135)

Act current to 2024-05-28 and last amended on 2022-09-01. Previous Versions

PART 2Administration (continued)

DIVISION 2Administration and Enforcement (continued)

SUBDIVISION KCollection (continued)

Marginal note:Garnishment

  •  (1) If the Minister has knowledge or suspects that a person is, or will be within one year, liable to make a payment to another person that is liable to pay an amount under this Act (in this section referred to as a “debtor”), the Minister may, by notice in writing, require the person to pay without delay, if the money is immediately payable, and in any other case, as and when the money is payable, the money otherwise payable to the debtor in whole or in part to the Receiver General on account of the debtor’s liability under this Act.

  • Marginal note:Garnishment of loans or advances

    (2) Without limiting the generality of subsection (1), if the Minister has knowledge or suspects that within 90 days

    • (a) a bank, credit union, trust company or other similar person (in this section referred to as an “institution”) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by, a debtor that is indebted to the institution and that has granted security in respect of the indebtedness, or

    • (b) a person, other than an institution, will loan or advance money to, or make a payment on behalf of, a debtor that the Minister knows or suspects

      • (i) is employed by, or is engaged in providing services or property to, that person or was or will be, within 90 days, so employed or engaged, or

      • (ii) if that person is a corporation, is not dealing at arm’s length with that person,

    the Minister may, by notice in writing, require the institution or person, as the case may be, to pay in whole or in part to the Receiver General on account of the debtor’s liability under this Act the money that would otherwise be so loaned, advanced or paid.

  • Marginal note:Effect of receipt

    (3) A receipt issued by the Minister for money paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment.

  • Marginal note:Effect of requirement

    (4) If the Minister has, under this section, required a person to pay to the Receiver General on account of the liability under this Act of a debtor money otherwise payable by the person to the debtor as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the requirement applies to all such payments to be made by the person to the debtor until the liability under this Act is satisfied and operates to require payments to the Receiver General out of each such payment of any amount that is stipulated by the Minister in a notice in writing.

  • Marginal note:Failure to comply

    (5) Every person that fails to comply with a requirement under subsection (1) or (4) is liable to pay to Her Majesty in right of Canada an amount equal to the amount that the person was required under that subsection to pay to the Receiver General.

  • Marginal note:Failure to comply

    (6) Every institution or person that fails to comply with a requirement under subsection (2) with respect to money to be loaned, advanced or paid is liable to pay to Her Majesty in right of Canada an amount equal to the lesser of

    • (a) the total of money so loaned, advanced or paid, and

    • (b) the amount that the institution or person was required under that subsection to pay to the Receiver General.

  • Marginal note:Assessment

    (7) The Minister may assess any person for any amount payable under this section by the person to the Receiver General and, if the Minister sends a notice of assessment, sections 72 and 92 to 106 apply with any modifications that the circumstances require.

  • Marginal note:Time limit

    (8) An assessment of an amount payable under this section by a person to the Receiver General is not to be made more than four years after the notice from the Minister requiring the payment was received by the person.

  • Marginal note:Effect of payment as required

    (9) If an amount that would otherwise have been advanced, loaned or paid to or on behalf of a debtor is paid by a person to the Receiver General in accordance with a notice from the Minister issued under this section or with an assessment under subsection (7), the person is deemed for all purposes to have advanced, loaned or paid the amount to or on behalf of the debtor.

Marginal note:Recovery by deduction or set-off

 If a person is indebted to Her Majesty in right of Canada under this Act, the Minister may require the retention by way of deduction or set-off of any amount that the Minister may specify out of any amount that may be or become payable to that person by Her Majesty in right of Canada.

Marginal note:Acquisition of debtor’s property

 For the purpose of collecting debts owed by a person to Her Majesty in right of Canada under this Act, the Minister may purchase or otherwise acquire any interest in, or for civil law any right in, the person’s property that the Minister is given a right to acquire in legal proceedings or under a court order or that is offered for sale or redemption and may dispose of any interest or right so acquired in any manner that the Minister considers reasonable.

Marginal note:Money seized from debtor

  •  (1) If the Minister has knowledge or suspects that a person is holding money that was seized by a police officer in the course of administering or enforcing the criminal law of Canada from another person that is liable to pay any amount under this Act (in this section referred to as the “debtor”) and that is restorable to the debtor, the Minister may in writing require the person to turn over the money otherwise restorable to the debtor, in whole or in part, to the Receiver General on account of the debtor’s liability under this Act.

  • Marginal note:Receipt issued by Minister

    (2) A receipt issued by the Minister for money turned over as required under this section is a good and sufficient discharge of the requirement to restore the money to the debtor to the extent of the amount so turned over.

Marginal note:Seizure

  •  (1) If a person fails to pay an amount as required under this Act, the Minister may in writing give 30 days notice to the person, addressed to their latest known address, of the Minister’s intention to direct that the person’s things be seized and disposed of. If the person fails to make the payment before the expiry of the 30 days, the Minister may issue a certificate of the failure and direct that the person’s things be seized.

  • Marginal note:Disposition

    (2) Things that have been seized under subsection (1) must be kept for 10 days at the expense and risk of the owner. If the owner does not pay the amount due together with all expenses within the 10 days, the Minister may dispose of the things in a manner the Minister considers appropriate in the circumstances.

  • Marginal note:Proceeds of disposition

    (3) Any surplus resulting from a disposition, after deduction of the amount owing and all expenses, must be paid or returned to the owner of the things seized.

  • Marginal note:Exemptions from seizure

    (4) Any thing of any person in default that would be exempt from seizure under a writ of execution issued by a superior court of the province in which the seizure is made is exempt from seizure under this section.

Marginal note:Person leaving Canada or defaulting

  •  (1) If the Minister suspects that a person has left or is about to leave Canada, the Minister may, before the day otherwise fixed for payment, by notice to the person served personally or sent by confirmed delivery service addressed to their latest known address, demand payment of any amount for which the person is liable under this Act or would be so liable if the time for payment had arrived, and the amount must be paid without delay despite any other provision of this Act.

  • Marginal note:Seizure

    (2) If a person fails to pay an amount required under subsection (1), the Minister may direct that things of the person be seized, and subsections 146(2) to (4) apply, with any modifications that the circumstances require.

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    assessed period

    assessed period of a person, in respect of an authorization under subsection (2) relating to a particular reporting period of the person, means

    • (a) if the hearing date is before the last day of the particular reporting period, the period beginning on the first day of the particular reporting period and ending on the assessment date; and

    • (b) in any other case, the particular reporting period. (période visée)

    assessment date

    assessment date, in respect of an authorization under subsection (2), means the day immediately before the hearing date. (date de cotisation)

    hearing date

    hearing date, in respect of an authorization under subsection (2), means the day on which a judge hears the application for the authorization. (date d’audience)

  • Marginal note:Authorization to assess and take collection action

    (2) Despite section 139, if, on ex parte application by the Minister relating to a particular reporting period of a person, a judge is satisfied that there are reasonable grounds to believe that the net tax for the period, determined without reference to this section, would be a positive amount and that the collection of all or any part of that net tax would be jeopardized by a delay in its collection, the judge must, on any terms that the judge considers reasonable in the circumstances, authorize the Minister to, without delay,

    • (a) assess the net tax for the assessed period, determined in accordance with subsection (3); and

    • (b) take any of the actions described in sections 141 to 146 in respect of that amount.

  • Marginal note:Effect of authorization

    (3) For the purposes of this Act, if an authorization is granted under subsection (2) in respect of an application relating to a particular reporting period of a person,

    • (a) if the hearing date is before the last day of the particular reporting period, the following periods are each deemed to be a separate reporting period of the person:

      • (i) the assessed period, and

      • (ii) the period beginning on the hearing date and ending on the last day of the particular reporting period;

    • (b) the day on or before which the person is required to file a return under section 55 for the assessed period is deemed to be the hearing date;

    • (c) the net tax for the assessed period is deemed to be equal to the amount that would be the net tax for the period if, on the assessment date, the person were to claim in a return filed under section 55 for the period all amounts, each of which is an amount that the person would be entitled on that day to claim as a rebate under Subdivision A of Division 4 of Part 1 or a negative amount that is required to be added in determining the net tax for the period;

    • (d) the net tax for the assessed period is deemed to have become due to the Receiver General on the hearing date;

    • (e) if, in assessing the net tax for the assessed period, the Minister takes into account an amount that the person would be entitled to claim as a rebate under Subdivision A of Division 4 of Part 1 or a negative amount that is required to be added in determining the net tax for the period, the person is deemed to have claimed the amount in a return filed under section 55 for the assessed period; and

    • (f) sections 82, 107, 116, 117 and 119 apply as if the net tax for the assessed period were not required to be paid, and the return for that period were not required to be filed, until the last day of the period described in subsection (9).

  • Marginal note:Affidavits

    (4) Statements contained in an affidavit filed in the context of an application under this section may be based on belief in which case it must include the grounds for that belief.

  • Marginal note:Service of authorization and notice of assessment

    (5) An authorization granted under subsection (2) in respect of a person must be served by the Minister on the person within 72 hours after it is granted, except if the judge orders the authorization to be served at some other time specified in the authorization, and a notice of assessment for the assessed period must be served on the person together with the authorization.

  • Marginal note:How service effected

    (6) For the purpose of subsection (5), service on a person must be effected by personal service on the person or service in accordance with the directions of a judge.

  • Marginal note:Application to judge for direction

    (7) If service cannot reasonably be effected as and when required under this section, the Minister may, as soon as practicable, apply to a judge for further direction.

  • Marginal note:Review of authorization

    (8) If a judge of a court has granted an authorization under subsection (2) in respect of a person, the person may, on six clear days notice to the Deputy Attorney General of Canada, apply to a judge of the court to review the authorization.

  • Marginal note:Limitation period for review application

    (9) An application by a person under subsection (8) to review an authorization must be made

    • (a) within 30 days after the day on which the authorization was served on the person in accordance with this section; or

    • (b) within any further time that a judge may allow, on being satisfied that the application was made as soon as practicable.

  • Marginal note:Hearing in camera

    (10) An application by a person under subsection (8) may, on the application of the person, be heard in private, if the person establishes to the satisfaction of the judge that the circumstances of the case justify proceedings heard in private.

  • Marginal note:Disposition of application

    (11) On an application under subsection (8), the judge must determine the question summarily and may confirm, vary or set aside the authorization and make any other order that the judge considers appropriate.

  • Marginal note:Effect of setting aside authorization

    (12) If an authorization is set aside under subsection (11), subsection (3) does not apply in respect of the authorization and any assessment made as a result of the authorization is deemed to be void.

  • Marginal note:Directions

    (13) If any question arises as to the course to be followed in connection with anything done or being done under this section and there is no relevant direction in this section, a judge may give any direction with regard to the course to be followed that, in the opinion of the judge, is appropriate.

  • Marginal note:No appeal from review order

    (14) No appeal lies from an order of a judge made under subsection (11).

Marginal note:Compliance by unincorporated bodies

  •  (1) If any amount is required to be paid or any other thing is required to be done by or under this Act by a person (in this section referred to as the “body”) that is not an individual, estate or succession of a deceased individual, partnership, corporation, trust or joint venture, it is the joint and several, or solidary, liability and responsibility of

    • (a) every member of the body holding office as president, chairperson, treasurer, secretary or similar officer of the body,

    • (b) if there are no officers of the body referred to in paragraph (a), every member of any committee having management of the affairs of the body, and

    • (c) if there are no officers of the body referred to in paragraph (a) and no committee referred to in paragraph (b), every member of the body,

    to pay that amount or to comply with the requirement, and if the amount is paid or the requirement is fulfilled by an officer of the body referred to in paragraph (a), a member of a committee referred to in paragraph (b) or a member of the body, it is considered as compliance with the requirement.

  • Marginal note:Assessment

    (2) The Minister may assess any person for any amount for which the person is liable under this section and, if the Minister sends a notice of assessment, sections 72 and 92 to 106 are applicable, with any modifications that the circumstances require.

  • Marginal note:Limitation

    (3) An assessment of a person under subsection (2) must not

    • (a) include any amount that the body was liable to pay before the day the person became jointly and severally, or solidarily, liable;

    • (b) include any amount that the body became liable to pay after the day the person ceased to be jointly and severally, or solidarily, liable; or

    • (c) be made more than two years after the day on which the person ceased to be jointly and severally, or solidarily, liable unless the person was grossly negligent in the carrying out of any obligation imposed on the body by or under this Act or made, or participated in, assented to or acquiesced in the making of, a false statement or omission in a return, application, form, certificate, statement, invoice or answer made by the body.

 

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