Income Tax Certificate
Marginal note:Income tax certificate
33. (1) Where the Review Board determines or redetermines the fair market value of an object in respect of which a request was made under section 32 and determines that the object meets the criteria set out in paragraphs 29(3)(b) and (c), it shall, where the object has been irrevocably disposed of to a designated institution or public authority, issue to the person who made the disposition a certificate attesting to the fair market value and to the meeting of those criteria, in such form as the Minister of National Revenue may specify.
Marginal note:Copy to Minister of National Revenue
(1.1) The Review Board shall send a copy of a certificate referred to in subsection (1) to the Minister of National Revenue.
Marginal note:Where more than one certificate
(1.2) Where the Review Board has issued more than one certificate referred to in subsection (1) in relation to an object, the last certificate is deemed to be the only certificate issued by the Review Board in relation to that object.
Marginal note:Communication of information
(2) An official of the Department of Canadian Heritage or a member of the Review Board may communicate to an official of the Canada Revenue Agency, solely for the purposes of administering the Income Tax Act, information obtained under this Act for the purposes of administering this section and sections 32, 33.1 and 33.2.
- R.S., 1985, c. C-51, s. 33;
- 1991, c. 49, s. 219;
- 1995, c. 11, s. 45, c. 38, s. 2;
- 1999, c. 17, s. 122;
- 2005, c. 38, s. 138.
Appeals Before the Tax Court of Canada
Marginal note:Appeal of redetermination of fair market value
33.1 (1) Any person who has irrevocably disposed of an object, the fair market value of which has been redetermined under subsection 32(5), to a designated institution or public authority may, within ninety days after the day on which a certificate referred to in subsection 33(1) is issued in relation to that object, appeal the redetermination to the Tax Court of Canada.
Marginal note:Decision of Court
(2) On an appeal under subsection (1), the Tax Court of Canada may confirm or vary the fair market value and, for the purposes of the Income Tax Act, the value fixed by the Court is deemed to be the fair market value of the object determined by the Review Board in respect of its disposition.
- 1995, c. 38, s. 2.
Marginal note:Extension of time for appeal
33.2 (1) Where an appeal has not been instituted by a person under section 33.1 within the time limited by that section, the person may make an application to the Tax Court of Canada for an order extending the time within which the appeal may be instituted and the Court may make an order extending the time for appealing and may impose such terms as it considers just.
Marginal note:Contents of application
(2) An application made under subsection (1) shall set out the reasons why the appeal was not instituted within the time limited by section 33.1.
Marginal note:How application made
(3) An application made under subsection (1) shall be made by filing in the Registry of the Tax Court of Canada, in accordance with the provisions of the Tax Court of Canada Act, three copies of the application accompanied by three copies of the notice of appeal.
Marginal note:Copy to Deputy Attorney General
(4) The Tax Court of Canada shall send a copy of each application made under this section to the office of the Deputy Attorney General of Canada.
Marginal note:When order to be made
(5) No order shall be made under this section unless
(a) the application is made within one year after the expiration of the time limited by section 33.1 for appealing; and
(b) the person making the application demonstrates that
(i) within the time limited by section 33.1 for appealing, the person
(A) was unable to act or to instruct another to act in the person’s name, or
(B) had a bona fide intention to appeal,
(ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application,
(iii) the application was made as soon as circumstances permitted, and
(iv) there are reasonable grounds for the appeal.
- 1995, c. 38, s. 2;
- 2000, c. 30, s. 159.
- Date modified: