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Sales Tax Amendments Act, 2006 (S.C. 2007, c. 18)

Full Document:  

Assented to 2007-06-22

PART 2AMENDMENTS IN RESPECT OF EXCISE DUTY ON ALCOHOL AND TOBACCO PRODUCTS

2002, c. 22Excise Act, 2001

 Paragraph 177(a) of the Act is replaced by the following:

  • (a) the amount has previously been refunded, remitted or paid to that person, or applied against an amount owed by the person to Her Majesty, under this or any other Act of Parliament; or

  •  (1) The Act is amended by adding the following after section 181:

    Marginal note:Destroyed imported manufactured tobacco

    181.1 The Minister may refund to a duty free shop licensee the special duty under section 53 that was paid on imported manufactured tobacco that is destroyed by the licensee in accordance with the Customs Act if the licensee applies for the refund within two years after the tobacco is destroyed.

  • (2) Subsection (1) is deemed to have come into force on July 1, 2003.

  •  (1) Subsection 188(6) of the Act, as enacted by subsection 117(5) of the Budget Implementation Act, 2006, chapter 4 of the Statutes of Canada, 2006, is replaced by the following:

    • Marginal note:Limitation on refunding overpayments

      (6) An overpayment of duty payable for a fiscal month of a person and interest on the overpayment shall not be applied under paragraph (4)(b) or refunded under paragraph (4)(c) unless the person has, before the day on which notice of the assessment is sent to the person, filed all returns and other records of which the Minister has knowledge and that the person was required to file with

  • (2) Subparagraph 188(7)(b)(ii) of the Act, as enacted by subsection 117(6) of the Budget Implementation Act, 2006, chapter 4 of the Statutes of Canada, 2006, is replaced by the following:

    • (ii) the person has, before the day on which notice of the assessment is sent to the person, filed all returns and other records of which the Minister has knowledge and that the person was required to file with

  • (3) Subsections (1) and (2) come into force, or are deemed to have come into force, on April 1, 2007.

  •  (1) Subsection 189(4) of the Act, as enacted by subsection 118(1) of the Budget Implementation Act, 2006, chapter 4 of the Statutes of Canada, 2006, is replaced by the following:

  • (2) Subsection (1) comes into force, or is deemed to have come into force, on April 1, 2007.

  •  (1) Subsection 196(4) of the French version of the Act is replaced by the following:

    • Marginal note:Demande non conforme

      (4) Le ministre peut recevoir la demande qui n’a pas été faite en conformité avec le paragraphe (3).

  • (2) Subparagraph 196(7)(b)(i) of the Act is replaced by the following:

    • (i) within the time limited under this Act for objecting, the person

      • (A) was unable to act or to give a mandate to act in their name, or

      • (B) had a bona fide intention to object to the assessment,

 Subparagraph 197(6)(b)(i) of the Act is replaced by the following:

  • (i) within the time limited under this Act for objecting, the person

    • (A) was unable to act or to give a mandate to act in their name, or

    • (B) had a bona fide intention to object to the assessment,

 Subparagraph 199(5)(b)(i) of the Act is replaced by the following:

  • (i) within the time limited under section 198 for appealing, the person

    • (A) was unable to act or to give a mandate to act in their name, or

    • (B) had a bona fide intention to appeal,

 The portion of subsection 208(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Requirement to provide records or information
  • 208. (1) Despite any other provision of this Act, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of a listed international agreement or of this Act, by notice served personally or by registered or certified mail, require any person to provide the Minister, within any reasonable time that is stipulated in the notice, with

  •  (1) Subparagraph 211(6)(e)(v) of the Act is replaced by the following:

    • (v) to an official of a department or agency of the Government of Canada or of a province as to the name, address, telephone number, occupation, size or type of business of a person, solely for the purpose of enabling the department or agency to obtain statistical data for research and analysis,

  • (2) Subsection 211(6) of the Act is amended by striking out the word “or” at the end of paragraph (j) and by adding the following after paragraph (k):

    • (l) provide confidential information, or allow the inspection of or access to confidential information, as the case may be, solely for the purposes of a provision contained in a listed international agreement; or

    • (m) provide confidential 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, if the information is used by the statistical agency solely for research and analysis and the statistical 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.

  •  (1) The portion of subsection 217(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Punishment for certain alcohol offences
    • 217. (1) Every person who contravenes section 63 or 73, subsection 78(1) or 83(1) or section 90, 93.1, 93.2 or 96 is guilty of an offence and liable

  • (2) Subparagraph 217(2)(a)(iii) of the Act is replaced by the following:

    • (iii) $10 multiplied by the number of litres of specially denatured alcohol or a restricted formulation to which the offence relates, and

  • (3) Subparagraph 217(3)(a)(iii) of the Act is replaced by the following:

    • (iii) $20 multiplied by the number of litres of specially denatured alcohol or a restricted formulation to which the offence relates, and

 The portion of subsection 218(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Punishment for more serious alcohol offences
  • 218. (1) Every person who contravenes any of sections 67, 69 to 72, 75 or 88 or subsection 101(1) or (2) is guilty of an offence and liable

 Paragraph 221(2)(a) of the Act is replaced by the following:

  • (a) to whom confidential information has been provided for a purpose pursuant to paragraph 211(6)(b), (d), (h), (l) or (m), or

 Section 234 of the Act is replaced by the following:

Marginal note:Contravention of section 38, 40, 41, 49, 61, 62.1, 99, 149 or 151

234. Every person who contravenes section 38, 40, 41, 49, 61, 62.1, 99, 149 or 151 is liable to a penalty of not more than $25,000.

 Subsection 236(1) of the Act is replaced by the following:

Marginal note:Diversion of black stock tobacco
  • 236. (1) Every tobacco licensee or customs bonded warehouse licensee is liable to a penalty if manufactured tobacco on which duty was imposed under section 42 at a rate set out in paragraph 1(a), 2(a) or 3(a) of Schedule 1 is

    • (a) in the case of a tobacco licensee,

      • (i) delivered by the licensee other than to a duty free shop or customs bonded warehouse or to a person for use as ships’ stores in accordance with the Ships’ Stores Regulations, or

      • (ii) exported by the licensee other than for delivery to a foreign duty free shop or as foreign ships’ stores; or

    • (b) in the case of a customs bonded warehouse licensee, delivered by the licensee other than to a person for use as ships’ stores in accordance with the Ships’ Stores Regulations.

 

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