Sustaining Canada’s Economic Recovery Act (S.C. 2010, c. 25)
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Assented to 2010-12-15
PART 2AMENDMENTS IN RESPECT OF EXCISE DUTIES AND SALES AND EXCISE TAXES
R.S., c. E-15Excise Tax Act
Marginal note:2004, c. 22, s. 49
138. Subparagraphs 313(2.2)(a)(i) and (ii) of the Act are replaced by the following:
(i) if a notice of assessment, or a notice referred to in subsection 322(1), in respect of the tax debt, is sent to or served on the person after March 3, 2004, on the last day on which one of those notices is sent or served,
(ii) if no notice referred to in subparagraph (i) in respect of the tax debt was sent or served and the earliest day on which the Minister can commence an action to collect that tax debt is after March 3, 2004, on that earliest day, and
Marginal note:1990, c. 45, s. 12(1)
139. Subsection 315(2) of the English version of the Act is replaced by the following:
Marginal note:Payment of remainder
(2) If the Minister sends a notice of assessment to a person, any amount assessed then remaining unpaid is payable forthwith by the person to the Receiver General.
Marginal note:1990, c. 45, s. 12(1)
140. Subsections 335(10) and (11) of the Act are replaced by the following:
Marginal note:Mailing or sending date
(10) If any notice or demand that the Minister is required or authorized under this Part to send to a person is mailed, or sent electronically, to the person, the day of mailing or sending, as the case may be, shall be presumed to be the date of the notice or demand.
Marginal note:Date electronic notice sent
(10.1) For the purposes of this Part, if a notice or other communication in respect of a person is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister.
Marginal note:Date assessment made
(11) If a notice of assessment has been sent by the Minister as required under this Part, the assessment is deemed to have been made on the day of sending of the notice of assessment.
C.R.C., c. 566Brewery Departmental Regulations
141. Section 7 of the Brewery Departmental Regulations is replaced by the following:
7. (1) The return required by section 175 of the Act shall be made
(a) in the case of a licensed brewer authorized by the Minister to make returns for six-month periods under subsection 36.1(2) of the Act, for each six-month period; or
(b) in any other case, for each month.
(2) The return shall set out the following particulars:
(a) the quantity of beer produced;
(b) the quantity of beer exported;
(c) the quantity of beer on which excise duty was paid that has been destroyed or returned to process stock; and
(d) the amount of excise duty paid on beer.
C.R.C., c. 565Brewery Regulations
142. Section 5 of the Brewery Regulations is replaced by the following:
5. (1) Subject to subsection (2), the duty imposed under the Act in respect of beer produced during a particular month shall be paid not later than the last day of the month following the particular month.
(2) If a licensed brewer is authorized by the Minister to make returns for six-month periods under subsection 36.1(2) of the Act, the duty imposed under the Act in respect of beer produced during a six-month period shall be paid not later than the last day of the month following the period.
SOR/2010-117New Harmonized Value-added Tax System Regulations
143. Subsection 37(4) of the New Harmonized Value-added Tax System Regulations is replaced by the following:
Marginal note:Request for adjustments
(4) If, with respect to a transaction, a notice of assessment, reassessment or additional assessment involving the application of subsection (2) with respect to the transaction has been sent to a person, any person (other than a person to whom such a notice has been sent) is entitled, within 180 days after the day on which the notice was sent, to request in writing that the Minister make an assessment, a reassessment or an additional assessment, applying subsection (2) with respect to that transaction.
PART 3AMENDMENTS TO THE FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT IN RESPECT OF INCOME TAX
R.S., c. F-8Federal-Provincial Fiscal Arrangements Act
144. (1) The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 12.01:
PART IV.01TRANSFER PAYMENTS — TAX IN RESPECT OF STOCK OPTION BENEFIT DEFERRAL UNDER PART I.01 OF THE INCOME TAX ACT
Marginal note:Transfer payments — Consolidated Revenue Fund
12.02 Subject to this Act, the Minister may pay to a province, out of the Consolidated Revenue Fund, at such time as the Minister may determine, an amount equal to 1/3 of the tax payable under subparagraph 180.01(2)(c)(ii) of the Income Tax Act for a taxation year by a taxpayer who is resident in the province on the last day of that taxation year.
Marginal note:Eligibility for payment
12.03 No payment may be made under this Part to a province if, in the opinion of the Minister, the province imposes or purports to impose a tax that is similar to the tax imposed under Part I.01 of the Income Tax Act.
(2) Part IV.01 of the Act, as enacted by subsection (1), is deemed to have come into force on on March 4, 2010.
145. (1) The Act is amended by adding the following after section 12.3:
PART IV.2TRANSFER PAYMENTS — TAX ON PAYMENTS UNDER REGISTERED EDUCATION SAVINGS PLANS UNDER PART X.5 OF THE INCOME TAX ACT
Marginal note:Transfer payments — Consolidated Revenue Fund
12.4 Subject to this Act, the Minister may pay to a province, out of the Consolidated Revenue Fund, at such time as the Minister may determine, an amount equal to 40% of the tax payable under Part X.5 of the Income Tax Act for a taxation year by a person who is resident in the province on the last day of that taxation year.
Marginal note:Eligibility for payment
12.5 No payment may be made under this Part to a province if, in the opinion of the Minister, the province imposes or purports to impose a tax that is similar to the tax imposed under Part X.5 of the Income Tax Act.
(2) Part IV.2 of the Act, as enacted by subsection (1), applies in respect of the 1998 and subsequent taxation years.
PART 4AMENDMENTS RELATING TO EXTERNAL COMPLAINTS BODIES
1991, c. 46Bank Act
146. Section 2 of the Bank Act is amended by adding the following in alphabetical order:
“external complaints body”
« organisme externe de traitement des plaintes »
“external complaints body” means a body corporate approved under subsection 455.01(1) or designated under subsection 455.1(1).
147. The Act is amended by adding the following after section 455:
Marginal note:Approval of external complaints body
455.01 (1) Subject to section 455.1, the Minister may, on the Commissioner’s recommendation and for the purposes of this section, approve a body corporate incorporated under Part II of the Canada Corporations Act or under the Canada Business Corporations Act whose purpose, in the Minister’s view, under its letters patent is dealing with complaints, made by persons having requested or received products or services from its member financial institutions, that have not been resolved to the satisfaction of those persons under procedures established by those financial institutions under paragraph 455(1)(a).
Marginal note:Obligation to be member
(2) A bank must be a member of one body corporate that is approved under subsection (1).
Marginal note:Regulations
(3) The Governor in Council may make regulations respecting the requirements for the approval of a body corporate under subsection (1) and the requirements for a body corporate approved under that subsection for maintaining that approval.
Marginal note:Not an agent
(4) A body corporate approved under subsection (1) is not an agent of Her Majesty.
Marginal note:Approval to be published
(5) An approval given under subsection (1) must be published in the Canada Gazette.
Marginal note:Information, etc.
(6) A body corporate that is seeking an approval under subsection (1) must apply to the Commissioner, and the application must provide, in the form and manner required by the Commissioner, any information, material and evidence that he or she may require.
148. (1) Section 455.1 of the Act is amended by adding the following after subsection (1):
Marginal note:Effect of designation
(1.1) If the Minister makes a designation under subsection (1), any approval given under subsection 455.01(1) is revoked.
Marginal note:Effect of revocation
(1.2) If the Minister makes a designation under subsection (1), the body corporate designated under that subsection must deal with any complaint that was made to a body corporate approved under subsection 455.01(1) and that has not been resolved.
(2) Section 455.1 of the Act is amended by adding the following after subsection (3):
Marginal note:Regulations
(3.1) The Governor in Council may make regulations respecting the requirements to be met by the body corporate designated under subsection (1).
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