Income Tax Act

Version of section 241 from 2011-12-15 to 2011-12-31:

Marginal note:Provision of information
  •  (1) Except as authorized by this section, no official or other representative of a government entity shall

    • (a) knowingly provide, or knowingly allow to be provided, to any person any taxpayer information;

    • (b) knowingly allow any person to have access to any taxpayer information; or

    • (c) knowingly use any taxpayer information otherwise than in the course of the administration or enforcement of this Act, the Canada Pension Plan, the Unemployment Insurance Act or the Employment Insurance Act or for the purpose for which it was provided under this section.

  • Marginal note:Evidence relating to taxpayer information

    (2) Notwithstanding any other Act of Parliament or other law, no official or other representative of a government entity shall be required, in connection with any legal proceedings, to give or produce evidence relating to any taxpayer information.

  • Marginal note:Communication where proceedings have been commenced

    (3) Subsections 241(1) and 241(2) do not apply in respect of

    • (a) criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament; or

    • (b) any legal proceedings relating to the administration or enforcement of this Act, the Canada Pension Plan, the Unemployment Insurance Act or the Employment Insurance Act or any other Act of Parliament or law of a province that provides for the imposition or collection of a tax or duty.

  • Marginal note:Circumstances involving danger

    (3.1) The Minister may provide to appropriate persons any taxpayer information relating to imminent danger of death or physical injury to any individual.

  • Marginal note:Registered charities

    (3.2) An official may provide to any person the following taxpayer information relating to another person that was at any time a registered charity (in this subsection referred to as the “charity”):

    • (a) a copy of the charity’s governing documents, including its statement of purpose;

    • (b) any information provided in prescribed form to the Minister by the charity on applying for registration under this Act;

    • (c) the names of the persons who at any time were the charity’s directors and the periods during which they were its directors;

    • (d) a copy of the notification of the charity’s registration, including any conditions and warnings;

    • (e) if the registration of the charity has been revoked or annulled, a copy of the entirety of or any part of any letter sent by or on behalf of the Minister to the charity relating to the grounds for the revocation or annulment;

    • (f) financial statements required to be filed with an information return referred to in subsection 149.1(14);

    • (g) a copy of the entirety of or any part of any letter or notice by the Minister to the charity relating to a suspension under section 188.2 or an assessment of tax or penalty under this Act (other than the amount of a liability under subsection 188(1.1)); and

    • (h) an application by the charity, and information filed in support of the application, for a designation, determination or decision by the Minister under subsection 149.1(5), (6.3), (7), (8) or (13).

  • Marginal note:Where taxpayer information may be disclosed

    (4) An official may

    • (a) provide to any person taxpayer information that can reasonably be regarded as necessary for the purposes of the administration or enforcement of this Act, the Canada Pension Plan, the Unemployment Insurance Act or the Employment Insurance Act, solely for that purpose;

    • (b) provide to any person taxpayer information that can reasonably be regarded as necessary for the purposes of determining any tax, interest, penalty or other amount that is or may become payable by the person, or any refund or tax credit to which the person is or may become entitled, under this Act or any other amount that is relevant for the purposes of that determination;

    • (c) provide to the person who seeks a certification referred to in paragraph 147.1(10)(a) the certification or a refusal to make the certification, solely for the purposes of administering a registered pension plan;

    • (d) provide taxpayer information

      • (i) to an official of the Department of Finance solely for the purposes of the formulation or evaluation of fiscal policy,

      • (ii) to an official solely for the purposes of the initial implementation of a fiscal policy or for the purposes of the administration or enforcement of an Act of Parliament that provides for the imposition and collection of a tax or duty,

      • (iii) to an official solely for the purposes of the administration or enforcement of a law of a province that provides for the imposition or collection of a tax or duty,

      • (iv) to an official of the government of a province solely for the purposes of the formulation or evaluation of fiscal policy,

      • (v) to an official of the Department of Natural Resources or of the government of a province solely for the purposes of the administration or enforcement of a program of the Government of Canada or of the province relating to the exploration for or exploitation of Canadian petroleum and gas resources,

      • (vi) to an official of the government of a province that has received or is entitled to receive a payment referred to in this subparagraph, or to an official of the Department of Natural Resources, solely for the purposes of the provisions relating to payments to a province in respect of the taxable income of corporations earned in the offshore area with respect to the province under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, chapter 28 of the Statutes of Canada, 1988, the Canada-Newfoundland Atlantic Accord Implementation Act, chapter 3 of the Statutes of Canada, 1987, or similar Acts relating to the exploration for or exploitation of offshore Canadian petroleum and gas resources,

      • (vi.1) to an official of the Department of Natural Resources solely for the purpose of determining whether property is prescribed energy conservation property or whether an outlay or expense is a Canadian renewable and conservation expense,

      • (vii) to an official solely for the purposes of the administration or enforcement of the Pension Benefits Standards Act, 1985 or a similar law of a province,

      • (vii.1) to an official solely for the purpose of the administration or enforcement of the Canada Education Savings Act or a designated provincial program as defined in subsection 146.1(1),

      • (vii.2) to an official solely for the purposes of the administration and enforcement of Part 1 of the Energy Costs Assistance Measures Act,

      • (vii.3) to an official solely for the purposes of the administration and enforcement of the Children’s Special Allowances Act or the evaluation or formation of policy for that Act,

      • (vii.4) to an official solely for the purposes of the administration and enforcement of the Universal Child Care Benefit Act or the evaluation or formation of policy for that Act,

      • (vii.5) to an official solely for the purposes of the administration or enforcement of the Canada Disability Savings Act or a designated provincial program as defined in subsection 146.4(1),

      • (viii) to an official of the Department of Veterans Affairs solely for the purposes of the administration of the War Veterans Allowance Act, the Canadian Forces Members and Veterans Re-establishment and Compensation Act or Part XI of the Civilian War-related Benefits Act,

      • (ix) to an official of a department or agency of the Government of Canada or of a province as to the name, address, occupation, size or type of business of a taxpayer, solely for the purposes of enabling that department or agency to obtain statistical data for research and analysis,

      • (x) to an official of the Canada Employment Insurance Commission, the Department of Human Resources and Skills Development or the Department of Social Development, solely for the purpose of the administration or enforcement of the Employment Insurance Act, an employment program of the Government of Canada or the evaluation or formation of policy for that Act or program,

      • (xi) to an official of the Department of Agriculture and Agri-Food or of the government of a province solely for the purposes of the administration or enforcement of a program of the Government of Canada or of the province established under an agreement entered into under the Farm Income Protection Act,

      • (xii) to an official of the Department of Canadian Heritage or a member of the Canadian Cultural Property Export Review Board solely for the purposes of administering sections 32 to 33.2 of the Cultural Property Export and Import Act.

      • (xiii) to an official solely for the purposes of setting off against any sum of money that may be due or payable by Her Majesty in right of Canada a debt due to

        • (A) Her Majesty in right of Canada, or

        • (B) Her Majesty in right of a province, or

      • (xiv) to an official solely for the purposes of section 7.1 of the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act;

    • (e) provide taxpayer information, or allow the inspection of or access to taxpayer information, as the case may be, under, and solely for the purposes of,

    • (f) provide taxpayer information solely for the purposes of sections 23 to 25 of the Financial Administration Act;

    • (f.1) provide taxpayer information to an official for the purposes of the administration and enforcement of the Charities Registration (Security Information) Act, and where an official has so received taxpayer information, the official may provide that information to another official as permitted by subsection (9.1);

    • (g) use taxpayer information to compile information in a form that does not directly or indirectly reveal the identity of the taxpayer to whom the information relates;

    • (h) use, or provide to any person, taxpayer information solely for a purpose relating to the supervision, evaluation or discipline of an authorized person by Her Majesty in right of Canada in respect of a period during which the authorized person was employed by or engaged by or on behalf of Her Majesty in right of Canada to assist in the administration or enforcement of this Act, the Canada Pension Plan, the Unemployment Insurance Act or the Employment Insurance Act, to the extent that the information is relevant for the purpose;

    • (i) provide access to records of taxpayer information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist, solely for the purposes of section 12 of the Library and Archives of Canada Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act;

    • (j) use taxpayer information relating to a taxpayer to provide information to the taxpayer;

    • (j.1) provide taxpayer information to an official or a designated person solely for the purpose of permitting the making of an adjustment to

      • (i) a social assistance payment made on the basis of a means, needs or income test, or

      • (ii) a payment pursuant to a prescribed law of a province in respect of a child within the meaning of the prescribed law,

      where the purpose of the adjustment is to take into account the amount determined for C in subsection 122.61(1) in respect of a person for a taxation year;

    • (k) provide, or allow inspection of or access to, taxpayer information to or by any person otherwise legally entitled to it under an Act of Parliament solely for the purposes for which that person is entitled to the information;

    • (l) subject to subsection (9.2), provide to a representative of a government entity the business number of, the name of (including any trade name or other name used by), and any contact information, corporate information and registration information in respect of, the holder of a business number (other than an excluded individual), if the information is provided solely for the purposes of the administration or enforcement of

      • (i) an Act of Parliament or of a legislature of a province, or

      • (ii) a by-law of a municipality in Canada or a law of an aboriginal government;

    • (m) provide taxpayer information to an official of the government of a province solely for use in the management or administration by that government of a program relating to payments under subsection 164(1.8);

    • (n) provide taxpayer information to any person, solely for the purposes of the administration or enforcement of a law of a province that provides for workers’ compensation benefits;

    • (o) provide taxpayer information to any person solely for the purpose of enabling the Chief Statistician, within the meaning assigned by section 2 of the Statistics Act, to provide to a statistical agency of a province data concerning business activities carried on in the province, where the information is used by the agency solely for research and analysis and the agency is authorized under the law of the province to collect the same or similar information on its own behalf in respect of such activities;

    • (p) provide taxpayer information to a police officer (within the meaning assigned by subsection 462.48(17) of the Criminal Code) solely for the purpose of investigating whether an offence has been committed under the Criminal Code, or the laying of an information or the preferring of an indictment, where

      • (i) such information can reasonably be regarded as being necessary for the purpose of ascertaining the circumstances in which an offence under the Criminal Code may have been committed, or the identity of the person or persons who may have committed an offence, with respect to an official, or with respect to any person related to that official,

      • (ii) the official was or is engaged in the administration or enforcement of this Act, and

      • (iii) the offence can reasonably be considered to be related to that administration or enforcement; or

    • (q) provide taxpayer information to an official of the government of a province solely for the use in the management or administration by that government of a program relating to earning supplementation or income support.

  • Marginal note:Measures to prevent unauthorized use or disclosure

    (4.1) The person who presides at a legal proceeding relating to the supervision, evaluation or discipline of an authorized person may order such measures as are necessary to ensure that taxpayer information is not used or provided to any person for any purpose not relating to that proceeding, including

    • (a) holding a hearing in camera;

    • (b) banning the publication of the information;

    • (c) concealing the identity of the taxpayer to whom the information relates; and

    • (d) sealing the records of the proceeding.

  • Marginal note:Disclosure to taxpayer or on consent

    (5) An official or other representative of a government entity may provide taxpayer information relating to a taxpayer

    • (a) to the taxpayer; and

    • (b) with the consent of the taxpayer, to any other person.

  • Marginal note:Appeal from order or direction

    (6) An order or direction that is made in the course of or in connection with any legal proceedings and that requires an official, other representative of a government entity or authorized person to give or produce evidence relating to any taxpayer information may, by notice served on all interested parties, be appealed forthwith by the Minister or by the person against whom the order or direction is made to

    • (a) the court of appeal of the province in which the order or direction is made, in the case of an order or direction made by a court or other tribunal established by or pursuant to the laws of the province, whether or not that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or

    • (b) the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established by or pursuant to the laws of Canada.

  • Marginal note:Disposition of appeal

    (7) The court to which an appeal is taken pursuant to subsection 241(6) may allow the appeal and quash the order or direction appealed from or dismiss the appeal, and the rules of practice and procedure from time to time governing appeals to the courts shall apply, with such modifications as the circumstances require, to an appeal instituted pursuant to that subsection.

  • Marginal note:Stay of order or direction

    (8) An appeal instituted pursuant to subsection 241(6) shall stay the operation of the order or direction appealed from until judgment is pronounced.

  • Marginal note:Threats to security

    (9) An official may provide, to an official of the Canadian Security Intelligence Service, of the Royal Canadian Mounted Police or of the Financial Transactions and Reports Analysis Centre of Canada,

    • (a) publicly accessible charity information;

    • (b) designated taxpayer information, if there are reasonable grounds to suspect that the information would be relevant to

      • (i) an investigation by the Canadian Security Intelligence Service of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act,

      • (ii) an investigation of whether an offence may have been committed under

        • (A) Part II.1 of the Criminal Code, or

        • (B) section 462.31 of the Criminal Code, if that investigation is related to an offence under Part II.1 of that Act, or

      • (iii) the prosecution of an offence referred to in subparagraph (ii); and

    • (c) information setting out the reasonable grounds referred to in paragraph (b), to the extent that any such grounds rely on information referred to in paragraph (a) or (b).

  • Marginal note:Threats to security

    (9.1) Information — other than designated donor information — provided to an official of the Canadian Security Intelligence Service or the Royal Canadian Mounted Police, as permitted by paragraph (4)(f.1), may be used by such an official, or communicated by such an official to another official of the Canadian Security Intelligence Service or the Royal Canadian Mounted Police for use by that other official, for the purpose of

    • (a) investigating whether an offence may have been committed, ascertaining the identity of a person or persons who may have committed an offence, or prosecuting an offence, which offence is

      • (i) described in Part II.1 of the Criminal Code, or

      • (ii) described in section 462.31 of the Criminal Code, if that investigation, ascertainment or prosecution is related to an investigation, ascertainment or prosecution in respect of an offence described in Part II.1 of that Act; or

    • (b) investigating whether the activities of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act.

  • Marginal note:Restrictions on information sharing

    (9.2) No information may be provided to a representative of a government entity under paragraph (4)(l) in connection with a program, activity or service provided or undertaken by the government entity unless the government entity uses the business number as an identifier in connection with the program, activity or service.

  • Marginal note:Public disclosure

    (9.3) The Minister may, in connection with a program, activity or service provided or undertaken by the Minister, make available to the public the business number of, and the name of (including any trade name or other name used by), the holder of a business number (other than an excluded individual).

  • Marginal note:Public disclosure by representative of government entity

    (9.4) A representative of a government entity may, in connection with a program, activity or service provided or undertaken by the government entity, make available to the public the business number of, and the name of (including any trade name or other name used by), the holder of a business number (other than an excluded individual), if

    • (a) a representative of the government entity was provided with that information pursuant to paragraph (4)(l); and

    • (b) the government entity uses the business number as an identifier in connection with the program, activity or service.

  • Marginal note:Definitions

    (10) In this section

    “aboriginal government”

    « gouvernement autochtone »

    “aboriginal government” means an aboriginal government as defined in subsection 2(1) of the Federal-Provincial Fiscal Arrangements Act;

    “authorized person”

    « personne autorisée »

    “authorized person” means a person who is engaged or employed, or who was formerly engaged or employed, by or on behalf of Her Majesty in right of Canada to assist in carrying out the provisions of this Act, the Canada Pension Plan, the Unemployment Insurance Act or the Employment Insurance Act;

    “business number”

    “business number”[Repealed, 1998, c. 19, s. 236(9)]

    “contact information”

    « coordonnées »

    “contact information”, in respect of a holder of a business number, means the name, address, telephone number, facsimile number and preferred language of communication of the holder, or similar information as specified by the Minister in respect of the holder, and includes such information in respect of one or more

    • (a) trustees of the holder, if the holder is a trust,

    • (b) members of the holder, if the holder is a partnership,

    • (c) officers of the holder, if the holder is a corporation, or

    • (d) officers or members of the holder, if the holder is not described by any of paragraphs (a) to (c);

    “corporate information”

    « renseignements d’entreprise »

    “corporate information”, in respect of a holder of a business number that is a corporation, means the name (including the number assigned by the incorporating authority), date of incorporation, jurisdiction of incorporation and any information on the dissolution, reorganization, amalgamation, winding-up or revival of the corporation;

    “court of appeal”

    « cour d’appel »

    “court of appeal” has the meaning assigned by the definition “court of appeal” in section 2 of the Criminal Code;

    “designated donor information”

    « renseignements désignés sur les donateurs »

    “designated donor information” means information of a charity, or of a person who has at any time made an application for registration as a registered charity, that is directly attributable to a gift that has been made or proposed to be made to the charity or applicant and that is presented in any form that directly or indirectly reveals the identity of the donor or prospective donor, other than a donor or prospective donor who is not resident in Canada and is neither a citizen of Canada nor a person described in subsection 2(3);

    “designated person”

    « personne déterminée »

    “designated person” means any person who is employed in the service of, who occupies a position of responsibility in the service of, or who is engaged by or on behalf of,

    • (a) a municipality in Canada, or

    • (b) a public body performing a function of government in Canada,

    or any person who was formerly so employed, who formerly occupied such a position or who was formerly so engaged;

    “designated taxpayer information”

    « renseignement confidentiel désigné »

    “designated taxpayer information” means taxpayer information — other than designated donor information — of a registered charity, or of a person who has at any time made an application for registration as a registered charity, that is

    • (a) in respect of a financial transaction

    • (b) information provided to the Minister by the Canadian Security Intelligence Service, the Royal Canadian Mounted Police or the Financial Transactions and Reports Analysis Centre of Canada,

    • (c) the name, address, date of birth and citizenship of any current or former director, trustee or like official, or of any agent, mandatary or employee, of the charity or applicant,

    • (d) information submitted by the charity or applicant in support of an application for registration as a registered charity that is not publicly accessible charity information,

    • (e) publicly available, including commercially available databases, or

    • (f) information prepared from publicly accessible charity information and information referred to in paragraphs (a) to (e);

    “excluded individual”

    « particulier exclu »

    “excluded individual” means an individual who is a holder of a business number solely because the individual is required under this Act to deduct or withhold an amount from an amount paid or credited or deemed to be paid or credited;

    “government entity”

    « entité gouvernementale »

    “government entity” means

    • (a) a department or agency of the government of Canada or of a province,

    • (b) a municipality in Canada,

    • (c) an aboriginal government,

    • (d) a corporation all of the shares (except directors’ qualifying shares) of the capital stock of which are owned by one or more persons each of which is

      • (i) Her Majesty in right of Canada,

      • (ii) Her Majesty in right of a province,

      • (iii) a municipality in Canada, or

      • (iv) a corporation described in this paragraph, or

    • (e) a board or commission, established by Her Majesty in right of Canada or Her Majesty in right of a province, that performs an administrative or regulatory function of government, or by one or more municipalities in Canada, that performs an administrative or regulatory function of a municipality;

    “official”

    « fonctionnaire »

    “official” means any person who is employed in the service of, who occupies a position of responsibility in the service of, or who is engaged by or on behalf of,

    • (a) Her Majesty in right of Canada or a province, or

    • (b) an authority engaged in administering a law of a province similar to the Pension Benefits Standards Act, 1985,

    or any person who was formerly so employed, who formerly occupied such a position or who was formerly so engaged and, for the purposes of subsection 239(2.21), subsections 241(1) and 241(2), the portion of subsection 241(4) before paragraph (a), and subsections 241(5) and 241(6), includes a designated person;

    “publicly accessible charity information”

    « renseignement d’organismes de bienfaisance accessible au public »

    “publicly accessible charity information” means taxpayer information that is

    • (a) described in subsection (3.2), or that would be described in that subsection if the words “that was at any time a registered charity” were read as “that has at any time made an application for registration as a registered charity”,

    • (b) information — other than designated donor information — submitted to the Minister with, or required to be contained in, any public information return filed or required to be filed under subsection 149.1(14), or

    • (c) information prepared from information referred to in paragraph (a) or (b);

    “registration information”

    « renseignements relatifs à l’inscription »

    “registration information”, in respect of a holder of a business number, means

    • (a) any information pertaining to the legal form of the holder,

    • (b) the type of activities carried on or proposed to be carried on by the holder,

    • (c) each date on which

      • (i) the business number was issued to the holder,

      • (ii) the holder began activities,

      • (iii) the holder ceased or resumed activities, or

      • (iv) the business number assigned to the holder was changed, and

    • (d) the reasons for the cessation, resumption or change referred to in subparagraph (c)(iii) or (iv);

    “representative”

    « représentant »

    “representative” of a government entity means a person who is employed in the service of, who occupies a position of responsibility in the service of, or who is engaged by or on behalf of, a government entity, and includes, for the purposes of subsections (1), (2), (5) and (6), a person who was formerly so employed, who formerly occupied such a position or who formerly was so engaged;

    “taxpayer information”

    « renseignement confidentiel »

    “taxpayer information” means information of any kind and in any form relating to one or more taxpayers that is

    • (a) obtained by or on behalf of the Minister for the purposes of this Act, or

    • (b) prepared from information referred to in paragraph (a),

    but does not include information that does not directly or indirectly reveal the identity of the taxpayer to whom it relates and, for the purposes of applying subsections (2), (5) and (6) to a representative of a government entity that is not an official, taxpayer information includes only the information referred to in paragraph (4)(l).

  • Marginal note:References to Petroleum and Gas Revenue Tax Act

    (11) The references in subsections 241(1), 241(3), 241(4) and 241(10) to “this Act” shall be read as references to “this Act or the Petroleum and Gas Revenue Tax Act”.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 241;
  • 1994, c. 7, Sch. II, s. 190, Sch. IV, s. 16, Sch. VIII, s. 137, c. 38, s. 26, c. 41, s. 38;
  • 1995, c. 3, s. 51, c. 11, s. 45, c. 38, s. 5;
  • 1996, c. 11, s. 63, c. 21, s. 59, c. 23, s. 187, 189;
  • 1997, c. 25, s. 70;
  • 1998, c. 19, ss. 65, 236, c. 21, ss. 75, 97, 120;
  • 1999, c. 10, s. 45, c. 26, s. 41;
  • 2001, c. 17, s. 186, c. 41, s. 118;
  • 2004, c. 11, s. 32, c. 26, s. 22;
  • 2005, c. 19, s. 51, c. 21, s. 103, c. 34, s. 71, c. 49, s. 6;
  • 2006, c. 4, s. 179, c. 12, s. 45;
  • 2007, c. 35, ss. 64, 122;
  • 2009, c. 2, s. 75;
  • 2010, c. 12, s. 21;
  • 2011, c. 24, s. 71.