Excise Act, 2001 — E-14.1 188
eparedness under the Customs Act . Limitation (7) A refund or a part of the refund that was not applied under subsection (3) and interest on the refund under paragraphs (5)(b) and (c) (a) shall not be applied under paragraph (5)(b) against an amount (in this paragraph referred to as the “outstanding amount”) that is payable by a person unless the refund would have been payable to the person as a refund if the person had claimed it in an application under this Act filed on the day on which the person defaulted in paying the outstanding amount and, in the case of a payment under section 176, if that section allowed the person to claim the payment within four years after the person paid the amount in respect of which the payment would be so payable; and (b) shall not be refunded under paragraph (5)(c) unless (i) the refund would have been payable to the person as a refund if the person had claimed it in an application under this Act filed on the day on which notice of the assessment is sent to the person, and (ii) the person has, before the day on which notice of the assessment is sent to the person, filed all returns and other records of which the Minister has knowledge and that the person was required to file with (A) the Minister under this Act, the Excise Act , the Excise Tax Act , the Income Tax Act , the Air Travellers Security Charge Act , the Underused Housing Tax Act , the Select Luxury Items Tax Act and the Global Minimum Tax Act , or (B) the Minister of Public Safety and Emergency Preparedness under the Customs Act . Deemed claim or application (8) If, in assessing any duty, interest or other amount payable by a person under this Act, the Minister applies or refunds an amount under subsection (3), (4) or (5), (a) the person is deemed to have claimed the amount in a return or application filed under this Act; and (b) to the extent that an amount is applied against any duty, interest or other amount payable by the person, the Minister is deemed to have refunded or paid the amount to the person and the person is deemed to have paid the duty, interest or other amount payable against which it was applied. Refund on reassessment (9) If a person has paid an amount on account of any duty, interest or other amount assessed under this section in respect of a reporting period and the amount paid exceeds the amount determined on reassessment to have been payable by the person, the Minister may refund to the person the amount of the excess, together with interest on the excess amount at the prescribed rate for the period that (a) begins on the day that is 30 days after the latest of (i) the day on which the person was required to file a return for the reporting period, (ii) the day on which the person filed a return for the reporting period, and (iii) the day on which the amount was paid by the person; and (b) ends on the day on which the refund is paid. Refund of interest or penalty (9.1) Despite subsection (9), if a person has paid an amount of interest or penalty and the Minister waives or reduces that amount under section 173 or 255.1, as the case may be, the Minister shall refund the amount of the waiver or reduction to the person, together with interest on the amount of the waiver or reduction at the prescribed rate for the period beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that section and ending on the day on which the refund is paid. Meaning of overpayment of duty payable (10) In this section, overpayment of duty payable of a person for a reporting period of the person means the amount, if any, by which the total of all amounts paid by the person on account of duty payable for the period exceeds the total of (a) the duty payable for the period, and (b) all amounts paid to the person under this Act as a refund for the period. 2002, c. 22, s. 188; 2005, c. 38, ss. 95, 145; 2006, c. 4, s. 117; 2007, c. 18, s. 111; 2010, c. 25, s.