GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Petroleum and Gas Revenue Tax Act — P-12
petroleum means crude oil or heavy oil recovered from a natural reservoir in Canada and any liquid or solid hydrocarbon recovered from a bituminous sands, oil sands or oil shale deposit in Canada; ( pétrole )
Petroleum and Gas Revenue Tax Act — P-12
production revenue means petroleum and gas production revenue within the meaning of section 5; ( revenu de production )
Petroleum and Gas Revenue Tax Act — P-12 (a)
production royalty means an amount computed by reference to the amount or value of production after December 31, 1981 of petroleum or gas, including any minimum or advance royalty payment with respect to the amount or value of production, but does not include (a) a resource royalty, or (b) an amount to which paragraph 7(e) applies paid to a person referred to therein; ( redevance de production )
Petroleum and Gas Revenue Tax Act — P-12 (a)
resource royalty means an amount, other than an amount to which paragraph 7(e) applies paid to a person referred to therein, computed by reference to the amount or value of production (a) after December 31, 1980 and before January 1, 1982, of petroleum or gas, including any minimum or advance royalty payment with respect to the amount or value of production, or (b) after December 31, 1981, of petroleum or gas, including any minimum or advance royalty payment with respect to the amount or value of such production, but not including an amount computed by reference to the amount or value of such production of petroleum or gas where (i) the recipient of the amount so computed would have a Crown royalty in respect of (A) such production, or (B) the ownership of property to which such production relates where the Crown royalty is computed by reference to an amount of production from the property if the definition Crown royalty were read without reference to a taxation year and if the determination of the amount of the Crown royalty under that definition were made only in respect of such production or such ownership, or (ii) the recipient of the amount so computed would, but for an exemption or allowance, other than a rate of nil, that is provided by statute by a person referred to in paragraph 7(e), have a Crown royalty determined pursuant to subparagraph (i); ( redevance pétrolière )
Petroleum and Gas Revenue Tax Act — P-12
synthetic production means the production of petroleum from a mine in a bituminous sands deposit; ( production par synthèse )
Petroleum and Gas Revenue Tax Act — P-12
synthetic production revenue means that portion of production revenue that is derived from synthetic production; ( revenu de production par synthèse )
Petroleum and Gas Revenue Tax Act — P-12
taxable incremental oil revenue [Repealed, R.S., 1985, c. 2 (2nd Supp.), s. 1]
Petroleum and Gas Revenue Tax Act — P-12 (a)
taxation year of a person means (a) the taxation year of that person as determined for the purposes of the Income Tax Act , (b) where that person has no taxation year referred to in paragraph (a), the period for which his accounts have been ordinarily made up for the purposes of assessment under this Act, or (c) where neither paragraph (a) nor (b) applies in respect of the person, such taxation year as may be adopted by the person, but in no case shall a taxation year exceed fifty-three weeks. ( année d’imposition )
Petroleum and Gas Revenue Tax Act — P-12 2.1
Application restricted 2.1 This Act does not apply in respect of income or loss of a taxpayer from a source that is (a) the production after September 1986 of petroleum or gas; (b) the processing in Canada after September 1986 of petroleum to any stage that is not beyond the stage of crude oil or its equivalent; or (c) any amount received or receivable by the taxpayer as, on account of or in lieu of payment of, or in satisfaction of, a production royalty or resource royalty computed by reference to the amount or value of production after September 1986 of petroleum or gas. R.S., 1985, c. 45 (2nd Supp.), s. 1
Petroleum and Gas Revenue Tax Act — P-12 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or any province. 1980-81-82-83, c. 68, s. 80
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Tax payable 4 A tax shall be paid as required by this Part on the production revenue of every person for each taxation year. R.S., 1985, c. P-12, s. 4; R.S., 1985, c. 2 (2nd Supp.), s. 2
Petroleum and Gas Revenue Tax Act — P-12 5
required by that subsection to be filed, the Minister may permit the election to be filed after that day and, where the election is filed pursuant to the permission, the election shall be deemed to have been filed on the day on or before which it is required to be filed. R.S., 1985, c. P-12, s. 5; R.S., 1985, c. 2 (2nd Supp.), s. 3, c. 45 (2nd Supp.), s. 2
Petroleum and Gas Revenue Tax Act — P-12 (a)
former corporation means, in respect of (a) an amalgamation of corporations, a “predecessor corporation” described in subsection 87(1) of the Income Tax Act , or (b) a winding-up of a corporation, a “subsidiary” described in subsection 88(1) of the Income Tax Act ; ( personne morale remplacée )
Petroleum and Gas Revenue Tax Act — P-12 (a)
successor corporation means, in respect of (a) an amalgamation of corporations, a “new corporation” described in subsection 87(1) of the Income Tax Act , or (b) a winding-up of a corporation, a “parent” described in subsection 88(1) of the Income Tax Act . ( personne morale remplaçante )
Petroleum and Gas Revenue Tax Act — P-12 8
8 [Repealed, R.S., 1985, c. 2 (2nd Supp.), s. 5]
Petroleum and Gas Revenue Tax Act — P-12 9
cordance with the applicable provisions of that program, on or before the date he is required to file a return of production revenue pursuant to section 11 for the taxation year exceeds (b) the aggregate of all amounts, if any, each of which was an amount deducted under subsection (5) from the tax payable under this Part by the taxpayer for any preceding taxation year. Amalgamations (7) Where after 1980 there has been an amalgamation within the meaning of subsection 87(1) of the Income Tax Act and one or more of the predecessor corporations referred to in that subsection had an exploration and development expense tax credit, for the purposes only of determining the exploration and development expense tax credit of the new corporation referred to in that subsection, the new corporation shall be deemed to be the same corporation as, and a continuation of, each such predecessor corporation. Winding-up (8) Where after 1980 there has been a winding-up described in subsection 88(1) of the Income Tax Act and the subsidiary referred to in that subsection had an exploration and development expense tax credit, for the purposes only of determining the exploration and development expense tax credit of the parent referred to in that subsection, the parent shall be deemed to be the same corporation as, and a continuation of, the subsidiary. Refund of tax credit (9) Where the exploration and development expense tax credit of a taxpayer at the end of a taxation year exceeds the amount deducted under subsection (5) from the tax payable under this Part by him for the year, the taxpayer may, by filing an election in prescribed form with the Minister within three years after the end of the year, elect to have this subsection apply to the taxpayer for the year in respect of the amount, not exceeding the excess, set out in the election and, in that case, the following rules apply: (a) the taxpayer shall be deemed to have paid, on the day the election is filed with the Minister, the amount set out in the election on account of the taxpayer’s tax payable under this Part for the year; and (b) for the purpose of computing the taxpayer’s exploration and development expense tax credit at the end of any subsequent taxation year, the amount set out in the election shall be deemed to have been deducted under subsection (5) from the tax payable under this Part by the taxpayer for the year for which the election was filed. Replacing election (10) Where a taxpayer has made an election under subsection (9) for a taxation year, the taxpayer shall not make another election under that subsection for that year. R.S., 1985, c. P-12, s. 9; R.S., 1985, c. 2 (2nd Supp.), s. 6, c. 45 (2nd Supp.), s. 4
Petroleum and Gas Revenue Tax Act — P-12 11
To be filed with Minister 11 (1) A return of production revenue for each taxation year for which a tax under this Part is payable shall, without notice or demand therefor, be filed with the Minister in prescribed form containing prescribed information, (a) in the case of a corporation, commission or association, by it or on its behalf within six months from the end of the year; (b) in the case of an individual who has died without making the return, by the legal representative of that individual within six months from the day of death; (c) in the case of an estate or trust, by the trustee or legal representative of the estate or trust within ninety days from the end of the year; (d) in the case of any other person, by that person on or before the last day of April in the next year or, if he is unable for any reason to file the return, by the guardian, curator, tutor, committee or other legal representative of that person on or before that day; or (e) where no person described in any of paragraphs (a) to (d) has filed the return, by such person as is required by notice in writing from the Minister to file the return, within such reasonable time as the notice specifies. Demand for returns (2) Whether or not he is liable to pay tax under this Part for a taxation year and whether or not a return has been filed under subsection (1) or (3), every person shall, on demand from the Minister, served personally or by registered letter, file, within such reasonable time as may be stipulated therein, with the Minister in prescribed form and containing prescribed information a return of the production revenue for the taxation year designated in the demand. Trustees, etc. (3) Every trustee in bankruptcy, assignee, liquidator, curator, receiver, trustee or committee and every agent or other person administering, managing, winding-up, controlling or otherwise dealing with the property, business, estate or income of a person who has not filed a return for a taxation year as required by this section shall file a return in prescribed form of the production revenue of that person for that year. (4) [Repealed, R.S., 1985, c. 2 (2nd Supp.), s. 8] R.S., 1985, c. P-12, s. 11; R.S., 1985, c. 2 (2nd Supp.), s. 8
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Estimate of tax 12 Every person required by section 11 to file a return of production revenue shall, in the return, estimate the amount of tax payable. 1980-81-82-83, c. 68, s. 86
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y part of the assessed tax, interest and penalties then remaining unpaid, whether or not an objection to or appeal from the assessment is outstanding. Direction to pay forthwith (7) Where, in the opinion of the Minister, a taxpayer is attempting to avoid payment of taxes under this Part, the Minister may, in writing, direct that all taxes, interest and penalties be paid forthwith on assessment. Payments on behalf of taxpayer (8) Every person required by section 11 to file a return of the production revenue of any other person for a taxation year shall, within thirty days from the day of mailing of the notice of assessment, pay all taxes, interest and penalties payable by or in respect of that other person under this Part to the extent that he has or had, at any time since the taxation year, in his possession or control property belonging to that other person or his estate and shall thereupon be deemed to have made that payment on behalf of the taxpayer. Certificate of Minister required (9) Every assignee, liquidator, administrator, executor and other like person, other than a trustee in bankruptcy, shall, before distributing any property under his control, obtain a certificate from the Minister certifying that taxes, interest or penalties that have been assessed under this Part and that are chargeable against or payable out of the property have been paid or that security for the payment thereof has been accepted by the Minister. Liability where no certificate (10) Distribution of property without a certificate required by subsection (9) renders the person required to obtain the certificate personally liable for the unpaid taxes, interest and penalties. Definition of “instalment base” (11) In this section and section 15, “first instalment base” and “second instalment base” in respect of a corporation, commission or association for a taxation year and instalment base in respect of an individual for a taxation year have the meanings assigned to those expressions by the regulations. (12) [Repealed, R.S., 1985, c. 2 (2nd Supp.), s. 10] R.S., 1985, c. P-12, s. 14; R.S., 1985, c. 2 (2nd Supp.), s. 10
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Excessive refund provisions 16 Where at any time the Minister determines that, as a consequence of the operation of subsection 5(6), an amount has been refunded to a taxpayer for a taxation year in excess of the amount to which the taxpayer was entitled as a refund, (a) the excess shall be deemed to be an amount that became payable under this Part by the taxpayer on the day on which the amount was refunded; (b) the taxpayer shall pay interest at the rate prescribed for the purposes of subsection 161(1) of the Income Tax Act on the excess from  the day it became payable to the date of a payment; and (c) the Minister may at any time assess a taxpayer in respect of any amount payable by the taxpayer by virtue of this section and, in such case, the provisions of this Part are applicable, with such modifications as the circumstances require, in respect of the assessment as though it had been made under section 13. 1984, c. 46, s. 9
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Refunds 18 (1) If the return of a taxpayer’s production revenue for a taxation year has been made within four years from the end of the year, the Minister (a) may, on or after mailing the notice of assessment for the year, refund to a taxpayer, without application therefor, any overpayment made on account of his tax for the year; and (b) shall make such a refund after mailing the notice of assessment if application therefor has been made in writing by the taxpayer within four years from the end of the year. Application of overpayments (2) Instead of making a refund to a taxpayer that might otherwise be made under this section, the Minister may, where the taxpayer is liable or about to become liable to make any payment under this Act, apply the amount of the overpayment to that other liability and notify the taxpayer of that action. Interest on overpayments (3) Where an amount in respect of an overpayment is refunded to a taxpayer or applied under this section on other liability, interest at the rate per annum referred to in subsection 15(1) shall be paid or applied thereon for the period commencing with the latest of (a) the day when the overpayment occurred, (b) the day on or before which the return of the production revenue in respect of which the tax was paid was required to be filed, and (c) the day when the return of the production revenue was actually filed, and ending with the day of the refund or the application on the other liability, as the case may be, unless the amount of the interest so calculated is less than one dollar, in which event no interest shall be paid or applied under this subsection. Excessive interest provisions (4) Where interest has been paid to, or applied to a liability of, a taxpayer pursuant to subsection (3) in respect of an overpayment and it is subsequently determined that the actual overpayment, if any, was less than the overpayment in respect of which interest was paid or applied, (a) the amount by which the interest that has been paid or applied exceeds the interest, if any, computed in respect of the amount subsequently determined to be the actual overpayment shall, on the date on which the interest was so paid or applied, be deemed to be an amount payable by the taxpayer under this Part; (b) the taxpayer shall pay interest at the rate prescribed for the purposes of subsection 161(1) of the Income Tax Act on the amount payable by virtue of this subsection from the date referred to in paragraph (a) to the date the amount is paid; and (c) the Minister may at any time assess a taxpayer in respect of the amount payable by him by virtue of this subsection and in such case the provisions of this Part are applicable, with such modifications as the circumstances require, in respect of the assessment as though it had been made under section 13. Definition of “overpayment” (5) In this section, overpayment made on account of the tax for a taxation year of a taxpayer means the aggregate of all amounts paid on account of his tax for the year minus all amounts payable by him under this Act. 1980-81-82-83, c. 68, s. 91; 1984, c. 46, s. 10
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Objections to assessments 19 (1) A taxpayer who objects to an assessment under this Part may, within ninety days from the day of mailing of the notice of assessment, serve on the Minister a notice of objection in duplicate in prescribed form setting out the reasons for the objection and all relevant facts. Service (2) A notice of objection under this section shall, subject to subsection (6), be served by being sent by registered mail addressed to the Commissioner of Revenue at Ottawa. Duties of Minister re objections (3) On receipt of a notice of objection under this section, the Minister shall, (a) with all due dispatch, reconsider the assessment and vacate, confirm or vary the assessment or reassess, or (b) where the taxpayer indicates in the notice of objection that the taxpayer wishes to appeal immediately to the Tax Court of Canada and that the taxpayer waives reconsideration of the assessment and the Minister consents to the waiver, file a copy of the notice of objection with the Registrar of the Tax Court of Canada, and the Minister shall thereupon notify the taxpayer of his action by registered mail. When assessment deemed confirmed (4) Where the Minister files a copy of a notice of objection pursuant to paragraph (3)(b), the Minister shall be deemed, for the purposes of section 22, to have confirmed the assessment to which the notice relates and the taxpayer who served the notice shall be deemed to have thereupon instituted an appeal in accordance with that section. Idem (5) A reassessment made by the Minister pursuant to subsection (3) is not invalid by reason only that it was not made within four years from the day of mailing of a notice of an original assessment or of a notification described in subsection 13(4). Acceptance of notice of objection (6) The Minister may accept a notice of objection as having been duly served under this section notwithstanding that it was not served in duplicate or in the manner required by subsection (2). Appeals (7) Where a taxpayer has served a notice of objection to an assessment in accordance with this section and thereafter the Minister reassesses the taxpayer’s tax for the taxation year in respect of which the notice of objection was served or makes an additional assessment in respect thereof, and sends to the taxpayer a notice of the reassessment or of the additional assessment, as the case may be, the taxpayer may, without serving a notice of objection to the reassessment or additional assessment, (a) appeal therefrom to the Tax Court of Canada in accordance with section 22; or (b) if an appeal to the Tax Court of Canada has been instituted with respect to the assessment, amend that appeal by joining thereto an appeal in respect of the reassessment or the additional assessment in such manner and on such terms, if any, as that Court directs. R.S., 1985, c. P-12, s. 19; R.S., 1985, c. 51 (4th Supp.), s. 17; 1994, c. 13, s. 7; 1999, c. 17, s. 173; 2005, c. 38, s. 140
Petroleum and Gas Revenue Tax Act — P-12 20
When assessment unaffected 20 An assessment shall not be vacated or varied on appeal by reason only of any irregularity, informality, omission or error on the part of any person in the observation of any directory provision of this Act. 1980-81-82-83, c. 68, s. 93
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Application to Tax Court of Canada for time extension 21 (1) Where no objection to an assessment under section 19 or appeal to the Tax Court of Canada under section 22 has been made or instituted within the time limited by section 19 or 22, as the case may be, an application may be made to the Tax Court of Canada for an order extending the time within which a notice of objection may be served or an appeal instituted and the Tax Court of Canada may, if in its opinion the circumstances of the case are such that it would be just and equitable to do so, make an order extending the time for objecting or appealing and may impose such terms as it deems just. Reasons in application (2) An application under subsection (1) shall set out the reasons why it was not possible to serve the notice of objection or institute the appeal to the Tax Court of Canada within the time otherwise limited by this Act for so doing. Filing application (3) An application under subsection (1) shall be made by filing with the Registrar of the Tax Court of Canada or by sending by registered mail addressed to the Registrar at Ottawa three copies of the application accompanied by three copies of a notice of objection or notice of appeal, as the case may be. (4) [Repealed, R.S., 1985, c. 51 (4th Supp.), s. 18] Where order not to be made (5) No order shall be made under subsection (1) (a) unless the application to extend the time for objecting or appealing is made within one year after the expiration of the time otherwise limited by this Act for objecting to or appealing from the assessment in respect of which the application is made; (b) if the Tax Court of Canada has previously made an order extending the time for objecting to or appealing from the assessment; and (c) unless the Tax Court of Canada is satisfied that (i) but for the circumstances mentioned in subsection (1), an objection or appeal would have been made or taken within the time otherwise limited by this Act for so doing, (ii) the application was brought as soon as circumstances permitted it to be brought, and (iii) there are reasonable grounds for objecting to or appealing from the assessment. R.S., 1985, c. P-12, s. 21; R.S., 1985, c. 51 (4th Supp.), s. 18