(b) interest at the prescribed rate, in respect of each month or fraction of a month in the period that begins on the first day following the day on which the rebate is paid to the person and that ends on the earlier of the day the total of the excess rebate and all interest under this paragraph is paid and the day on or before which the reconciliation report is required to be filed, calculated on the total of the amount of the excess rebate that has not been paid to the Receiver General, and of the amount of interest that is outstanding, in the month or fraction of a month.

Deemed tax liability

(10) The portion of the total of the excess rebate payable by a person in respect of a rebate period, and of the interest payable by the person under paragraph (9)(b), that is outstanding at the end of the day on or before which the reconciliation report for the period is required to be filed is deemed to be an amount of tax payable under this Act that is required to be, and that has not been, paid by the person on or before that day.

Interest and penalty on deemed tax

(11) A person who is in default in paying an amount of tax referred to in subsection (10) shall pay to the Receiver General interest at the prescribed rate, and penalty of one-half of one percent, in respect of each month or fraction of a month in the period that begins on the first day following the day on or before which the reconciliation report is required to be filed and that ends on the day the total of that tax is paid, calculated on the total of the tax, penalty and interest outstanding in that month or fraction of a month.

Time for paying interest and penalty

(12) Any interest under paragraph (9)(b) or subsection (11) and any penalty under that subsection shall be paid not later than the last day of the month in respect of which the interest or penalty was calculated.

Interest and penalty under ten dollars

(13) No interest under paragraph (9)(b) or subsection (11) and no penalty under that subsection is required to be paid if the person who would otherwise be liable to pay the interest or the penalty pays all taxes under this section payable by the person and, on the payment, the total interest and penalty otherwise payable by the person under those provisions is less than ten dollars.

Restriction

(14) The Minister shall not, at a particular time, pay an amount to a person under this section unless the person has

    (a) filed with the Minister all reconciliation reports for rebate periods ending before that time for which a rebate was paid to the person that was based on an estimate referred to in paragraph (3)(a); and

    (b) paid all excess rebates in respect of rebate periods ending before that time and all interest and penalty under this section that have accrued to that time.

Limitation period

(15) An application may not be made under subsection (2) after December 31, 2006.

Replacement of ``approvision nements de navire'' with ``provisions de bord''

429. The French version of the Act is amended by replacing the words ``approvisionnements de navire'' with the words ``provisions de bord'', with any grammatical changes that the circumstances require, in the following provisions:

    (a) paragraph 23.11(1)(c);

    (b) subsection 68.17(1); and

    (c) paragraph 70(1)(b).

SOR/86-878

Ships' Stores Regulations

Valid and effective from November 10, 1986

430. The Ships' Stores Regulations made by Order in Council P.C. 1986-1856 of August 13, 1986 and registered as SOR/86-878, as amended, are deemed to have been validly made and everything done under, and all consequences flowing from, those Regulations since November 10, 1986 are deemed effective as if those Regulations were so made.

SOR/96-40

Ships' Stores Regulations

Valid and effective from January 1, 1996

431. The Ships' Stores Regulations made by Order in Council P.C. 1995-2248 of December 28, 1995, and registered as SOR/96-40, are deemed to have been validly made and everything done under, and all consequences flowing from, those Regulations since January 1, 1996 are deemed effective as if those Regulations were so made.

SOR/78-376

Ships Suppliers Drawback Regulations

432. The Ships Suppliers Drawback Regulations are repealed.

PART 11

COMING INTO FORCE

Coming into force

433. The provisions of this Act, other than sections 1 and 408 to 432, come into force on a day or days to be fixed by order of the Governor in Council.