Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.))

Act current to 2014-08-05 and last amended on 2014-06-27. Previous Versions

Marginal note:Inspections
  •  (1) An authorized person may, at all reasonable times, for any purpose related to the administration or enforcement of this Act,

    • (a) inspect, audit or examine the books and records of a taxpayer and any document of the taxpayer or of any other person that relates or may relate to the information that is or should be in the books or records of the taxpayer or to any amount payable by the taxpayer under this Act, and

    • (b) examine property in an inventory of a taxpayer and any property or process of, or matter relating to, the taxpayer or any other person, an examination of which may assist the authorized person in determining the accuracy of the inventory of the taxpayer or in ascertaining the information that is or should be in the books or records of the taxpayer or any amount payable by the taxpayer under this Act,

    and for those purposes the authorized person may

    • (c) subject to subsection 231.1(2), enter into any premises or place where any business is carried on, any property is kept, anything is done in connection with any business or any books or records are or should be kept, and

    • (d) require the owner or manager of the property or business and any other person on the premises or place to give the authorized person all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act and, for that purpose, require the owner or manager to attend at the premises or place with the authorized person.

  • Marginal note:Prior authorization

    (2) Where any premises or place referred to in paragraph 231.1(1)(c) is a dwelling-house, an authorized person may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant under subsection 231.1(3).

  • Marginal note:Application

    (3) Where, on ex parte application by the Minister, a judge is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that a dwelling-house is a premises or place referred to in paragraph 231.1(1)(c),

    • (b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

    • (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused,

    the judge may issue a warrant authorizing an authorized person to enter the dwelling-house subject to such conditions as are specified in the warrant but, where the judge is not satisfied that entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, the judge may

    • (d) order the occupant of the dwelling-house to provide to an authorized person reasonable access to any document or property that is or should be kept in the dwelling-house, and

    • (e) make such other order as is appropriate in the circumstances to carry out the purposes of this Act,

    to the extent that access was or may be expected to be refused and that the document or property is or may be expected to be kept in the dwelling-house.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 231.1;
  • 1994, c. 21, s. 107.