Limitation on refunding allowable rebates	(4.1) An allowable rebate referred to in subsection (2.1) or a part thereof that was not applied under that subsection and interest thereon under paragraphs (3.1)(b) and (c)
	(a) may not be applied under paragraph (3.1)(b) against an amount (in this para graph referred to as the ``outstanding amount'') that is payable or remittable by a person unless the allowable rebate would have been payable to the person as a rebate if the person had claimed it in an application under this Part filed on the day the person defaulted in paying or remitting the out standing amount and, in the case of a rebate under section 261, if subsection 261(3) allowed the person to claim the rebate within four years after the person paid or remitted the amount in respect of which the rebate would be so payable; and
	(b) may not be refunded under paragraph (3.1)(c) unless
	(i) the allowable rebate would have been payable to the person as a rebate if the person had claimed it in an application under this Part filed on the day notice of the assessment is sent to the person and, where the rebate is in respect of an amount that is being assessed, if the person had paid or remitted that amount, and
	(ii) the person has filed all returns under Division V that the person was required to file with the Minister before the day notice of the assessment is sent to the person.
Deemed claim or application	(5) Where, in assessing the net tax of a person or tax or any other amount payable by a person , the Minister takes an amount into account under subsection (2) or applies or refunds an amount under subsection (2.1) , (3) or (3.1) ,
	(a) the person is deemed to have claimed the amount in a return or application filed under this Part; and
	(b) to the extent that an amount is applied against any tax or other amount payable or remittable by the person under this Part, the Minister is deemed to have refunded or paid the amount to the person and the person is deemed to have paid or remitted the tax or other amount against which it was applied.
	(3) Subsection (1) comes into force on royal assent except that paragraph 296(1)(e) of the Act, as enacted by that subsection, shall, before April 1, 1997, be read without reference to ``subsection 177(1.1) or''.
	(4) Subsection (2) is deemed to have come into force on July 1, 1996.
1993, c. 27, s. 131(2)	79. (1) Paragraph 298(1)(b) of the Act is replaced by the following:
	(b) in the case of an assessment of tax payable by the person under Division II in respect of a supply of real property made by way of sale to that person by a supplier in circumstances in which subsection 221(2) applies, more than four years after the later of the day on or before which the person was required to file the return in which that tax was required to be reported and the day the return was filed;
	(2) Paragraph 298(1)(d) of the Act is replaced by the following:
	(d) in the case of an assessment of tax payable by the person under Division IV, more than four years after the later of the day on or before which the person was required to file the return in which that tax was required to be reported and the day the return was filed;
	(3) Paragraph 298(1)(f) of the Act is replaced by the following:
	(f) in the case of an assessment of an amount for which a person became liable under subsection 177(1.1) , section 266 or 267.1 , subsection 270(4) or Subdivision b.1 of Division VII , more than four years after the person became liable; and
	(4) Subsection (3) comes into force on royal assent except that paragraph 298(1)(f) of the Act, as enacted by that subsection, shall, before April 1, 1997, be read without reference to ``subsection 177(1.1),''.
	80. Section 299 of the Act is amended by adding the following after subsection (3):
Binding effect where unincorpor- ated body	(3.1) Where a person (referred to in this subsection as the ``body'') that is not an individual or a corporation is assessed in respect of any matter,
	(a) the assessment is not invalid only because one or more other persons (each of which is referred to in this subsection as a ``representative'') who are liable for obliga tions of the body did not receive a notice of the assessment;
	(b) the assessment is binding on each representative of the body, subject to a reassessment of the body and the rights of the body to object to or appeal from the assessment under this Part; and
	(c) an assessment of a representative in respect of the same matter is binding on the representative subject only to a reassess ment of the representative and the rights of the representative to object to or appeal from the assessment of the representative under this Part on the grounds that the representative is not a person who is liable to pay or remit an amount to which the assessment of the body relates, the body has been reassessed in respect of that matter or the assessment of the body in respect of that matter has been vacated.
1990, c. 45, s. 12(1)	81. Subsection 300(2) of the Act is re placed by the following:
Scope of notice	(2) A notice of assessment may include assessments in respect of any number or combination of reporting periods, transac tions, rebates or amounts payable or remit table under this Part .
	82. (1) Section 301 of the Act is amended by adding the following before subsection (1) and by renumbering subsection (1) as subsection (1.1):
Meaning of ``specified person''	301. (1) Where an assessment is issued to a person in respect of net tax for a reporting period of the person, an amount (other than net tax) that became payable or remittable by the person during a reporting period of the person or a rebate of an amount paid or remitted by the person during a reporting period of the person, for the purposes of this section, the person is a ``specified person'' in respect of the assessment or a notice of objection to the assessment if
	(a) the person was a listed financial institu tion during that reporting period; or
	(b) the person was not a charity during that reporting period and the person's threshold amounts, determined in accordance with subsection 249(1), exceed $6 million for both the person's fiscal year that includes the reporting period and the person's pre vious fiscal year.
	(2) Section 301 of the Act is amended by adding the following after subsection (1.1) as renumbered by subsection (1):
Issue to be decided	(1.2) Where a person objects to an assess ment in respect of which the person is a specified person, the notice of objection shall
	(a) reasonably describe each issue to be decided;
	(b) specify in respect of each issue the relief sought, expressed as the change in any amount that is relevant for the purposes of the assessment; and
	(c) provide the facts and reasons relied on by the person in respect of each issue.
Late compliance	(1.3) Notwithstanding subsection (1.2), where a notice of objection filed by a person to whom that subsection applies does not include the information required by paragraph (1.2)(b) or (c) in respect of an issue to be decided that is described in the notice, the Minister may in writing request the person to provide the information, and those paragraphs shall be deemed to be complied with in respect of the issue if, within 60 days after the request is made, the person submits the information in writing to the Minister.
Limitation on objections	(1.4) Notwithstanding subsection (1.1), where a person has filed a notice of objection to an assessment (in this subsection referred to as the ``earlier assessment'') in respect of which the person is a specified person and the Minister makes a particular assessment under subsection (3) pursuant to the notice of objection, except where the earlier assessment was made under subsection 274(8) or in accordance with an order of a court vacating, varying or restoring an assessment or referring an assessment back to the Minister for recon sideration and reassessment, the person may object to the particular assessment in respect of an issue
	(a) only if the person complied with subsec tion (1.2) in the notice with respect to that issue; and
	(b) only with respect to the relief sought in respect of that issue as specified by the person in the notice.
Application of subsection (1.4)	(1.5) Where a person has filed a notice of objection to an assessment (in this subsection referred to as the ``earlier assessment'') and the Minister makes a particular assessment under subsection (3) pursuant to the notice of objection, subsection (1.4) does not limit the right of the person to object to the particular assessment in respect of an issue that was part of the particular assessment and not part of the earlier assessment.
Limitation on objections	(1.6) Notwithstanding subsection (1.1), no objection may be made by a person in respect of an issue for which the right of objection has been waived in writing by the person.
	(3) Subsections 301(1) to (1.5) of the Act, as enacted by subsections (1) and (2), apply to any assessment notice of which is issued after April 1996 (other than an assessment the notice of which is issued after that month under subsection 301(3) of the Act pursuant to a notice of objection to an assessment issued before May 1996) except that, in their application to notices of assessment issued before 1997, the refer ence to ``charity'' in paragraphs 301(1)(b) of the Act, as enacted by subsection (1), shall be read as a references to ``charity (other than a school authority, a public college, a university, a hospital authority or a local authority determined under paragraph (b) of the definition ``municipality'' in subsec tion 123(1) to be a municipality)''.
	(4) Subsection 301(1.6) of the Act, as enacted by subsection (1), applies after April 23, 1996 to waivers signed at any time.
	83. (1) The Act is amended by adding the following after section 306:
Limitation on appeals to the Tax Court	306.1 (1) Notwithstanding sections 302 and 306, where a person has filed a notice of objection to an assessment in respect of which the person is a specified person (within the meaning assigned by subsection 301(1)), the person may appeal to the Tax Court to have the assessment vacated, or a reassessment made, only with respect to
	(a) an issue in respect of which the person has complied with subsection 301(1.2) in the notice, or
	(b) an issue described in subsection 301(1.5) where the person was not required to file a notice of objection to the assess ment that gave rise to the issue
	and, in the case of an issue described in para graph (a), the person may so appeal only with respect to the relief sought in respect of the is sue as specified by the person in the notice.
Idem	(2) Notwithstanding sections 302 and 306, a person may not appeal to the Tax Court to have an assessment vacated or varied in respect of an issue for which the right of objection or appeal has been waived in writing by the person.
	(2) Subsection 306.1(1) of the Act, as enacted by subsection (1), applies to any appeal, instituted after the day this Act is assented to, in respect of an assessment notice of which is issued after April 1996 (other than an assessment the notice of which is issued after that month under subsection 301(3) of the Act pursuant to a notice of objection to an assessment issued before May 1996).
	(3) Subsection 306.1(2) of the Act, as enacted by subsection (1), applies after the day this Act receives royal assent to waivers signed at any time.
	84. (1) Section 335 of the Act is amended by adding the following after subsection (12):
Proof of return	(12.1) For the purposes of this Part, a document presented by the Minister purport ing to be a print-out of the information in respect of a person received under section 278.1 by the Minister shall be received as evidence and, in the absence of evidence to the contrary, is proof of the return filed by the person under that section.
	(2) Subsection (1) applies after Septem ber 1994.
	84.1 (1) Section 336 of the Act is amended by adding the following after subsection (4):
Self-supply of residential condominium unit by limited partnership	(5) Where
	(a) an offering memorandum, in respect of an offer to sell interests in a limited partnership, is issued to prospective sub scribers before October 14, 1989,
	(b) at the time the offering memorandum is issued, it is proposed that the limited partnership will exclusively engage in the activities of acquiring land or a beneficial interest therein, constructing a condomini um complex on the land, owning residential condominium units located in the complex and supplying those units by way of lease, licence or similar arrangement for the purpose of their occupancy by individuals as places of residence,
	(c) the offering memorandum does not provide for an increase in the subscription prices of the interests in the partnership because of a change in the application of taxes and those subscription prices are not increased after October 13, 1989 and before the offer to sell the interests expires,
	(d) a particular interest in the limited partnership is transferred to a subscriber before 1991 in accordance with the offering memorandum,
	(e) the limited partnership, whether or not in concert with another person,
	(i) acquires ownership of land or a beneficial interest therein before 1991, and
	(ii) engages a person to construct a condominium complex on that land
	under agreements in writing entered into before October 14, 1989 or under agree ments in writing entered into on or after that date that substantially conform with terms and conditions relating to those agreements as set out in the offering memorandum,
	(f) the particular interest relates to a particu lar residential condominium unit that is owned by the limited partnership and is located in the condominium complex, and
	(g) possession of the particular residential condominium unit is given after 1990 to a person under a lease, licence or similar arrangement for the purpose of its occupan cy by an individual as a place of residence,
	the amount of tax that is payable and collect ible by the limited partnership, and the amount of tax deemed to have been paid and collected by the limited partnership under paragraph 191(1)(e), in respect of the supply of the par ticular residential condominium unit that is deemed to have been made under paragraph 191(1)(d) are equal to 4% of 80% of the sub scription price for the particular interest.
Definitions	(6) The definitions in this subsection apply in subsection (5).
``offering memorandum '' « notice d'offre »	``offering memorandum'', in respect of an of fer to sell interests in a limited partnership to the prospective subscribers, means one or more documents in writing that set out
	(a) all facts concerning the limited part nership and its activities or proposed activities that significantly affect, or could reasonably be expected to have a significant effect on, the value of those interests;
	(b) the price at which those interests are being offered; and
	(c) the date on which ownership of the interests in the partnership are to be transferred to persons who subscribe to the offering.
``subscription price'' « prix de souscrip- tion »	``subscription price'', for an interest in a lim ited partnership, means the consideration payable for the interest as set out in the of fering memorandum.
	(2) Subsection (1) is deemed to have come into force on December 17, 1990 but does not apply to a limited partnership in respect of residential condominium units owned by the partnership that are located in a partic ular condominium complex where
	(a) the limited partnership was deemed under subsection 191(1) of the Act to have made, before December 1996, supplies of one or more of those units, and
	(b) all of the tax in respect of those supplies that the partnership was deemed, under Part IX of the Act as it read immediately before this Act is ass ented to, to have collected and was required under the Act to remit before December 1, 1996 was remitted before that day,
	unless the partnership applies for a rebate in respect of that tax under section 261 of the Act before 1998.
	(3) Subsection 261(3) of the Act does not apply to a rebate referred to in subsection (2) where an application for the rebate is filed with the Minister of National Revenue before 1998.
	(4) Where the Minister of National Reve nue has assessed any tax that was, under Part IX of the Act as it read immediately before this Act is assented to, remittable by a limited partnership in respect of supplies deemed under subsection 191(1) of the Act to have been made of residential condomin ium units to which subsection 336(5) of the Act, as enacted by subsection (1), applies, the Minister may, before 1998 and notwith standing section 298 of the Act, reassess the tax that is remittable by the partnership in respect of those supplies in accordance with Part IX of the Act as it reads after this Act is assented to.
	(5) Where
	(a) a limited partnership applied for a rebate under section 121 of the Act in respect of a condominium complex and subsection 336(5) of the Act, as enacted by subsection (1), applies to residential condominium units owned by the part nership that are located in the complex, and
	(b) the Minister of National Revenue assesses
	(i) any tax that is, in accordance with Part IX of the Act as it reads after this Act is assented to, remittable by the partnership in respect of supplies of those units deemed under subsection 191(1) of the Act to have made, or
	(ii) the amount of a rebate referred to in subsection (2) that is payable to the partnership under section 261 of the Act in respect of those units,
	notwithstanding section 81.11 of the Act and the fact that the Minister may have made a previous determination under sec tion 72 of the Act respecting the application for the rebate under section 121 of the Act, the Minister may, on or before the later of