Excise Tax Act — E-15 68.5
r filing (6) The Minister may at any time, in writing, extend the time required by subsection (5) for filing a reconciliation report. Effect of extension for filing (7) If the Minister has, under subsection (6), extended the time required by subsection (5) for filing a reconciliation report (a) the report shall be filed within the time so extended; and (b) any amount of excess rebate that is required to be paid within the time otherwise required by subsection (9) shall be paid within the time so extended. (c) [Repealed, 2003, c. 15, s. 97] Additional amount payable to rebate recipient (8) If a person files a reconciliation report for a rebate period and the amount referred to in paragraph (5)(b) exceeds the amount referred to in paragraph (5)(a) in respect of the period, (a) the Minister shall pay to the person an amount equal to that excess amount; and (b) the filing of the reconciliation report is deemed to be an application to the Minister for payment of that excess amount. Liability for excess rebate and interest up to due date of reconciliation (9) If the rebate paid to a person for a rebate period is determined on the basis of an estimate referred to in paragraph (3)(a) and the amount paid exceeds the amount referred to in paragraph (5)(b) in respect of the period, the person shall pay to the Receiver General (a) on or before the day on or before which the reconciliation report for the rebate period is required to be filed, an amount (in this section referred to as the “excess rebate”) equal to that excess amount; and (b) interest at the prescribed rate in respect of the excess rebate for the period beginning on the first day after the day on which the rebate is paid to the person and ending on the earlier of the day on which the excess rebate is paid to the Receiver General and the day on or before which the reconciliation report is required to be filed. Failure to file a report when required (9.1) Every person who fails to file a reconciliation report for a period as and when required under this section shall pay a penalty equal to the sum of (a) an amount equal to 1% of the total of all amounts each of which is an amount that is required to be paid for the period and was not paid before April 1, 2007, and (b) the amount obtained when one quarter of the amount determined under paragraph (a) is multiplied by the number of complete months, not exceeding 12, from that day to the day on which the report is filed. 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. (11) to (13) [Repealed, 2003, c. 15, s. 97] 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 any interest that has accrued to that time. Limitation period (15) An application may not be made under subsection (2) after December 31, 2006. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 2002, c. 22, s. 428; 2003, c. 15, s. 97; 2006, c. 4, s. 125