Excise Act, 2001 — E-14.1 188
 period beginning on the day that is 30 days after the latest of (i) the particular day, (ii) the day on which the return for the reporting period was filed, and (iii) in the case of an overpayment that is attributable to a payment made on a day subsequent to the days referred to in subparagraphs (i) and (ii), that subsequent day, and ending on the day on which the refund is paid to the person. Application of payment (5) If, in assessing the duty payable by a person for a reporting period of the person or an amount (in this subsection referred to as the “overdue amount”) payable by a person under this Act, all or part of a refund is not applied under subsection (3) against that duty payable or overdue amount, except if the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall (a) apply (i) all or part of the refund that was not applied under subsection (3) against (ii) any other amount (in this paragraph referred to as the “outstanding amount”) that, on the particular day that is (A) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was required to be filed, or (B) if the assessment is in respect of an overdue amount, the day on which the overdue amount became payable by the person, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the particular day, paid the refund so applied on account of the outstanding amount; (b) apply (i) all or part of the refund that was not applied under subsection (3) or paragraph (a) together with interest on the refund at the prescribed rate, computed for the period beginning on the day that is 30 days after the later of (A) the particular day, and (B) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was filed, and ending on the day on which the person defaulted in paying the outstanding amount referred to in subparagraph (ii) against (ii) any amount (in this paragraph referred to as the “outstanding amount”) that, on a day (in this paragraph referred to as the “later day”) after the particular day, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the later day, paid the refund and interest so applied on account of the outstanding amount; and (c) refund to the person the part of the refund that was not applied under any of subsection (3) and paragraphs (a) and (b) together with interest on the refund at the prescribed rate, computed for the period beginning on the day that is 30 days after the later of (i) the particular day, and (ii) if the assessment is in respect of duty payable for the reporting period, the day on which the return for the period was filed, and ending on the day on which the refund is paid to the person. Limitation on refunding overpayments (6) An overpayment of duty payable for a reporting period of a person and interest on the overpayment shall not be applied under paragraph (4)(b) or refunded under paragraph (4)(c) unless 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 . 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