Insurable Earnings and Collection of Premiums Regulations (SOR/97-33)

Regulations are current to 2019-07-01 and last amended on 2018-04-04. Previous Versions

PART IVInformation Returns (continued)

Legal Representatives and Others

  •  (1) When a person who is required to make an information return under this Part dies without having made the return as required, the return shall be made and filed by the person’s executor, the liquidator of the person’s succession or other legal representative of the person within 90 days after the date of the person’s death and shall be in respect of the year in which the person died or, if the return is required in respect of a year before the year in which the person died, in respect of that year.

  • (2) Every trustee in bankruptcy, assignee, liquidator, curator, receiver, trustee, tutor or committee and every agent, mandatary or other person administering, managing, winding up, controlling or otherwise dealing with the property, business or estate of a person who has not filed a return for a year as required by this Part shall file that return, duly completed, on that person’s behalf.

Distribution of Insured Person’s Portion of Return

  •  (1) Every person required by sections 11 to 13 to file an information return for a year with the Minister shall supply to each insured person to whose premiums the return relates two copies of the portion of the return relating to that insured person.

  • (2) The copies referred to in subsection (1) shall, on or before the day the information return is required to be filed with the Minister, be sent to the insured person by mail addressed to the person at the person’s latest known address or delivered to the person.

Penalties

  •  (1) Every person who fails to file a return as and when required by this Part is liable to a penalty equal to the greater of $100 and the product obtained when $25 is multiplied by the number of days during which the non-compliance occurs, to a maximum of $2,500.

  • (2) Every person who fails to comply with section 14 is liable to a penalty equal to the greater of $100 and the product obtained when $25 is multiplied by the number of days during which the non-compliance occurs, to a maximum of $2,500.

PART VRecords

  •  (1) Where records, books of account, accounts or vouchers of an employer are not kept as required by section 87 of the Act, or any document related thereto is not kept, an officer of the Department of National Revenue shall determine in accordance with the Act and these Regulations the amount of insurable earnings and premiums payable on those insurable earnings in respect of each insured person who is employed in insurable employment by the employer.

  • (2) Where an amount of insurable earnings of an insured person or a remitted amount of employee’s premiums cannot be allocated to a particular person, that amount may, within three years after the end of the year to which the insurable earnings or employee’s premiums relate, be allocated to a particular insured person to whom it pertains for a pay period based on such evidence as the Minister may, obtain.

PART VIPrescribed Interest Rates and Refunds of Overpayment

  •  (1) Where an overpayment of premiums is refunded to a person, other than an employer or purported employer or person deemed to be an employer by these Regulations, or applied to a liability of the person being refunded to Her Majesty in right of Canada, interest to be paid or applied under subsection 96(13) of the Act shall be calculated at the rate prescribed in paragraph 18(2)(b) and for the period that begins on the latest of

    • (a) June 15 of the year following the year in respect of which the premiums were paid,

    • (b) 45 days after the day on which the application for the refund was received, and

    • (c) the day on which the overpayment arose

    and ends on the day on which the amount is so refunded or applied.

  • (2) Where an overpayment of premiums is refunded to an employer or purported employer or person deemed by these Regulations to be an employer, or applied to a liability of the employer or purported or deemed employer to Her Majesty in right of Canada, interest to be paid or applied under subsection 96(13) of the Act shall be calculated at the rate prescribed in paragraph 18(2)(b) and for the period that begins on the later of

    • (a) the day on which the remittance that created the overpayment was received, and

    • (b) the day on which the remittance that created the overpayment was due to be received

    and ends on the day the amount is so refunded or applied.

  •  (1) For the purposes of subsection (2), quarter means any of the following periods in a year:

    • (a) the period that begins on January 1 and ends on March 31;

    • (b) the period that begins on April 1 and ends on June 30;

    • (c) the period that begins on July 1 and ends on September 30; and

    • (d) the period that begins on October 1 and ends on December 31.

  • (2) For the purposes of

    • (a) every provision of the Act that requires interest at a prescribed rate to be paid to the Receiver General, the prescribed rate in effect during any particular quarter is the total of

      • (i) the rate that is the simple arithmetic mean, expressed as a percentage per annum and rounded to the next higher whole percentage if the mean is not a whole percentage, of all amounts each of which is the average equivalent yield, expressed as a percentage per annum, of Government of Canada Treasury Bills that mature approximately three months after their date of issue and that are sold at auctions of Government of Canada Treasury Bills during the first month of the quarter preceding the particular quarter, and

      • (ii) 4 per cent; and

    • (b) every provision of the Act that requires interest at a prescribed rate to be paid or applied on an amount payable by the Minister, the prescribed rate in effect during any particular quarter is the total of

      • (i) the rate determined under subparagraph (a)(i) in respect of the particular quarter, and

      • (ii) if the amount is payable to a corporation, zero per cent, and in any other case, 2 per cent.

  • (3) For the purposes of subsection 152.26(1) and (2) of the Act, the prescribed rate in effect is the same as that set out in paragraph (2)(a).

  • SOR/98-137, s. 3
  • 2010, c. 12, s. 35
  • SOR/2010-11, s. 1
  •  (1) For the purpose of subsection 96(9) of the Act, employers are associated employers

    • (a) if they are associated or deemed to be associated under the Income Tax Act; or

    • (b) if one of them acquires a business or part of a business from the other by purchase, sale, amalgamation or merger, or by any other means.

  • (2) If two or more employers are associated with each other and are entitled to a premium refund under subsection 96(6), (7), (8.2) or (8.3) of the Act, the premium refund for the employers shall not exceed the maximum premium refund available under the Act, and the refund shall be allocated among them either

    • (a) according to the terms of a written agreement signed by all the associated employers and filed with the Minister no later than February 28 of the year after the year in which the employer premiums were paid, or

    • (b) in the absence of such an agreement, by

      • (i) multiplying the premium refund for the year calculated under section 96 of the Act by the amount paid in employer premiums by the associated employer in the year, and

      • (ii) dividing the amount calculated under subparagraph (i) by the total amount of employer premiums paid by all the associated employers in the year.

  • SOR/98-137, s. 4
  • SOR/98-306, s. 1
  • SOR/99-137, s. 4
  • SOR/2000-158, s. 3

Coming into Force

 These Regulations come into force on January 1, 1997.

 
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