1993, c. 25,
s. 55(4)
|
(7) Subsections 23(9.2) and (9.3) of the
Act are repealed.
|
|
R.S., c. 12
(4th Supp.),
s. 12(3)
|
(8) The portion of subsection 23(10) of the
Act before paragraph (a) is replaced by the
following:
|
|
Appropriation
by
manufacturer
or producer
|
(10) If goods of any class mentioned in
Schedule I that were manufactured or
produced in Canada are appropriated by the
manufacturer or producer for their own use,
for the purposes of this Part,
|
|
1993, c. 25,
s. 56; 1994,
c. 29, s. 5(1);
1997, c. 26,
s. 59(1); 2001,
c. 16,
ss. 18(1),
21(1)
|
368. Sections 23.1 to 23.3 of the Act are
repealed.
|
|
|
369. Section 24 of the Act is replaced by
the following:
|
|
Security that
true returns
rendered
|
24. For the purposes of this Part, the
Minister may require every manufacturer or
producer to give security that they will render
true returns of their sales as required by
section 78 or by any regulations made under it
and pay any tax imposed by this Act on the
sales. The security shall be in an amount of not
more than two hundred and fifty thousand
dollars and not less than one thousand dollars
and shall be by bond of a guarantee company
authorized to do business in Canada,
acceptable to the Government of Canada, or
by deposit of Government of Canada bonds.
|
|
R.S., c. 1 (2nd
Supp.), s. 189,
c. 7 (2nd
Supp.),
s. 11(1); 1990,
c. 45, s. 7(1);
1991, c. 42,
s. 1; 1993,
c. 25, s. 57;
2000, c. 30,
s. 9(F)
|
370. Parts IV and V of the Act are
repealed.
|
|
R.S., c. 12
(4th Supp.),
s. 14(1)
|
371. Subparagraph 48(4)(a)(ii) of the Act
is replaced by the following:
|
|
|
|
|
|
372. Subsection 50(9) of the Act is
repealed.
|
|
1990, c. 45,
s. 8(1)
|
373. Subsection 56(3) of the Act is
replaced by the following:
|
|
Tax on
cancellation
|
(3) On the cancellation under subsection (1)
of the licence granted to any licensed
wholesaler, or if the licence is cancelled at the
request of the licensee, or if any such licence
expires and is not renewed by the licensee, all
taxes imposed by this Act are forthwith
payable on all goods then in the possession of
the licensee that have been purchased free of
tax by virtue of the licence, which taxes shall
be paid at the rate in force when the licence is
cancelled or expires and is not renewed and
shall be computed in accordance with
paragraph 50(1)(c) and Part III.
|
|
R.S., c. 12
(4th Supp.),
s. 22(1)
|
374. Subsection 64(1) of the Act is
replaced by the following:
|
|
Application
for licence
|
64. (1) Every person who is required under
Part III to pay taxes shall, from time to time as
required under the regulations, apply for a
licence in respect of that Part.
|
|
1993, c. 25,
s. 59; 2000,
c. 30, s. 11(1)
|
375. Sections 66 and 66.1 of the Act are
replaced by the following:
|
|
Exemption on
exported
goods
|
66. The tax imposed under this Act is not
payable if evidence satisfactory to the
Minister is produced to establish
|
|
|
|
|
|
|
|
|
376. The portion of section 67 of the Act
before paragraph (a) is replaced by the
following:
|
|
Taxes on
goods
imported by
Crown
|
67. The tax imposed under Part III is
applicable
|
|
2000, c. 30,
s. 12(1)
|
377. Subsection 68.1(1) of the Act is
renumbered as section 68.1 and subsection
68.1(2) of the Act is repealed.
|
|
1993, c. 25,
s. 61; 2001,
c. 16, s. 28(1)
|
378. Sections 68.17 to 68.172 of the Act
are replaced by the following:
|
|
Payment
where use as
ships' stores
|
68.17 If tax under Part III has been paid in
respect of any goods and a manufacturer,
producer, wholesaler, jobber or other dealer
has sold the goods for use as ships' stores, an
amount equal to the amount of that tax shall,
subject to this Part, be paid to that dealer if that
dealer applies for it within two years after that
sale of the goods.
|
|
R.S., c. 7 (2nd
Supp.),
s. 34(1); 2001,
c. 16, s. 29(1)
|
379. Subsections 68.18(1) to (3.1) of the
Act are replaced by the following:
|
|
Payment
where goods
in inventory
|
68.18 (1) If tax under Part III has been paid
in respect of any goods and a person holds the
goods in an unused condition in inventory on
the day a licence is granted to that person
under section 54 or 64 and could thereafter
have obtained the goods exempt from tax
under subsection 23(7), an amount equal to the
amount of that tax shall, subject to this Part, be
paid to that person if that person applies for it
within two years after the licence was granted.
|
|
Payment
where goods
in inventory
|
(2) If tax under Part III has been paid in
respect of any goods and a person holds the
goods in an unused condition in inventory on
the day a licence is granted to that person
under section 55 and could thereafter have
obtained the goods exempt from tax under
subsection 23(6), (7) or (8), an amount equal
to the lesser of the amount of that tax and the
amount of tax under Part III that would be
payable if the goods were acquired in a taxable
transaction by that person on that day shall,
subject to this Part, be paid to that person if
that person applies for it within two years
after the licence was granted.
|
|
Exception
|
(3) No amount equal to the amount of tax
under Part III shall be paid under subsection
(2) to a person in respect of any goods that are
not subject to tax under that Part on the day a
licence is granted to that person under section
55.
|
|
1991, c. 42,
s. 3
|
380. The portion of subsection 68.19(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
Payment
where use by
province
|
68.19 (1) If tax under Part III has been paid
in respect of any goods and Her Majesty in
right of a province has purchased or imported
the goods for any purpose other than
|
|
1993, c. 25,
s. 62(1)
|
381. (1) The portion of subsection 70(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
Drawback on
certain goods
|
70. (1) On application, the Minister may,
under regulations of the Governor in Council,
grant a drawback of the tax imposed under
Part III and paid on or in respect of
|
|
1995, c. 41,
s. 114
|
(2) Subsection 70(2.1) of the Act is
replaced by the following:
|
|
Drawback on
imported
goods
|
(2.1) On application, the Minister may,
under section 100 of the Customs Tariff, grant
a drawback of the tax imposed under Part III
and paid on or in respect of goods imported
into Canada.
|
|
1993, c. 25,
s. 62(2)
|
(3) Subsection 70(5) of the Act is
repealed.
|
|
2001, c. 16,
s. 32(1)
|
382. (1) Subsections 78(1) and (2) of the
Act are replaced by the following:
|
|
Monthly
returns
|
78. (1) Every person who is required to pay
tax under Part III shall make each month a
return in the prescribed form containing
prescribed information of all amounts that
became payable by the person on account of
that tax in the preceding month.
|
|
Nil returns
|
(2) Every person who holds a licence
granted under or in respect of Part III and
whose tax payable under that Part in the
preceding month is nil shall make a return as
required under subsection (1) reporting that
fact.
|
|
R.S., c. 12
(4th Supp.),
s. 31(1); 2001,
c. 16, s. 32(2)
|
(2) Paragraphs 78(3)(b) and (c) of the Act
are replaced by the following:
|
|
|
|
|
|
|
|
R.S., c. 12
(4th Supp.),
s. 32(1)
|
383. Subsection 79(1.1) of the Act is
replaced by the following:
|
|
Minimum
penalty and
interest
|
(1.1) No penalty or interest is payable under
subsection (1) if the person liable to pay the
tax pays all amounts of tax payable by them
under Part III and, at the time of the payment,
the total penalty and interest payable in
respect of those amounts of tax is less than ten
dollars.
|
|
R.S., c. 12
(4th Supp.),
s. 33(1)
|
384. (1) Clause 79.1(1)(a)(i)(A) of the Act
is replaced by the following:
|
|
|
|
|
R.S., c. 12
(4th Supp.),
s. 33(1)
|
(2) Clause 79.1(1)(a)(ii)(A) of the Act is
replaced by the following:
|
|
|
|
|
R.S., c. 12
(4th Supp.),
s. 33(1)
|
(3) Clause 79.1(1)(a)(iii)(A) of the Act is
replaced by the following:
|
|
|
|
|
R.S., c. 12
(4th Supp.),
s. 33(1); 1999,
c. 31,
par. 247(b)(F)
|
(4) Subparagraphs 79.1(1)(b)(i) and (ii) of
the Act are replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
R.S., c. 12
(4th Supp.),
s. 33(1)
|
(5) Subsection 79.1(6) of the Act is
replaced by the following:
|
|
Minimum
penalty and
interest
|
(6) No penalty or interest is payable under
subsection (4) or (5) if the large taxpayer or
other person liable to pay the instalment pays
all amounts of tax payable by the taxpayer or
other person under Part III and, at the time of
the payment, the total penalty and interest
payable in respect of the instalment is less than
five dollars and in respect of those amounts of
tax is less than ten dollars.
|
|
1990, c. 45,
s. 11(1)
|
385. Subsection 80(1) of the Act is
replaced by the following:
|
|
Report by
licence
holders
|
80. (1) Every person holding a licence in
respect of Part III shall submit to the Minister
each year, within six months after the end of
that person's fiscal year, a report in the
prescribed form containing details of that
person's sales, taxes paid under this Act and
deductions under subsection 69(2) in the fiscal
year and any other prescribed information.
|
|
2001, c. 16,
s. 39(1)
|
386. Subsection 100(5) of the Act is
repealed.
|
|
1990, c. 45,
s. 12(1)
|
387. The definition ``excisable goods'' in
subsection 123(1) of the Act is replaced by
the following:
|
|
``excisable
goods'' « produit soumis à l'accise »
|
``excisable goods'' means beer or malt liquor
(within the meaning assigned by section 4
of the Excise Act) and spirits, wine and
tobacco products (within the meaning
assigned by section 2 of the Excise Act,
2001);
|
|
1996, c. 23,
s. 170
|
388. Subparagraph 238.1(2)(c)(iii) of the
Act is replaced by the following:
|
|
|
|
|
1993, c. 27,
s. 107(1);
1997, c. 10,
s. 58(1)
|
389. Paragraph 252(1)(b) of the Act is
repealed.
|
|
1994, c. 29,
s. 14(1); 1997,
c. 26, s. 74(1);
2001, c. 16,
ss. 40(1), (2),
41(1)
|
390. Schedule II to the Act is repealed.
|
|
1990, c. 45,
s. 18
|
391. Section 3 of Part V of Schedule VI to
the Act is replaced by the following:
|
|
|
3. A supply of an excisable good if the
recipient exports the good without the
payment of duty in accordance with the Excise
Act or the Excise Act, 2001.
|
|
2001, c. 16,
s. 42(1)
|
392. Section 1.1 of Schedule VII to the Act
is replaced by the following:
|
|
|
1.1 For the purposes of section 1, ``duty''
does not include a special duty imposed under
section 54 of the Excise Act, 2001 .
|
|
R.S., c. E-18
|
Export Act
|
|
R.S., c. 1 (2nd
Supp.),
s. 213(3)
(Sch. III, s. 5)
|
393. Paragraph 6(1)(a) of the Export Act
is replaced by the following:
|
|
|
|
|
R.S., c. I-3
|
Importation of Intoxicating Liquors Act
|
|
|
394. Section 2 of the Importation of
Intoxicating Liquors Act is amended by
adding the following in alphabetical order:
|
|
``beer'' « bière »
|
``beer'' has the same meaning as in section 4
of the Excise Act;
|
|
``bulk'' « en vrac »
|
``bulk'' has the same meaning as in section 2
of the Excise Act, 2001;
|
|
``denature'' « dénaturatio n »
|
``denature'' has the same meaning as in
section 2 of the Excise Act, 2001;
|
|
``excise
warehouse'' « entrepôt d'accise »
|
``excise warehouse'' has the same meaning as
in section 2 of the Excise Act, 2001;
|
|
``licensed
distiller'' « distillateur agréé »
|
``licensed distiller'' means a person who holds
a spirits licence under section 14 of the
Excise Act, 2001;
|
|
''packaged'' « emballé »
|
``packaged'' has the same meaning as in
section 2 of the Excise Act, 2001;
|
|
``spirits'' « spiritueux »
|
``spirits'' has the same meaning as in section
2 of the Excise Act, 2001;
|
|
``wine'' « vin »
|
``wine'' has the same meaning as in section 2
of the Excise Act, 2001.
|
|
1993, c. 44,
s. 160(1)
|
395. (1) Subsection 3(1.1) of the Act is
replaced by the following:
|
|