8 (1) The Minister may assess the tax, interest or penalties payable in respect of a year under this Act, (a) at any time, if the taxpayer or person delivering the return for the year under this Act, (i) has made any misrepresentation that is attributable to neglect, carelessness or wilful default, or has committed any fraud, in delivering the return or in supplying any information under this Act or in omitting to disclose any information, or (ii) has filed with the Minister a waiver in a form approved by the Minister on or before the expiry of the time provided in clause (b); and (b) within four years from the later of the day on which the return required under this Act to be delivered was received by the Minister and the day the return was required to be delivered to the Minister.  R.S.O. 1990, c. E.11, s. 8 (1); 1994, c. 8, s. 8 (1). Revocation of waiver (1.0.1) If a taxpayer or person who has filed a waiver under subclause (1) (a) (ii) subsequently files with the Minister a notice of revocation of the waiver, in the form approved by the Minister, the Minister shall not issue an assessment under subsection (1) in reliance on the waiver more than one year after the date on which the revocation is filed.  1999, c. 9, s. 108. Tax assessment on default of instalments (1.1) Despite subsection (1), if an employer has failed to pay all or part of one or more instalments as required under this Act on account of tax payable for a particular year or for the immediately preceding year, and the amount of the instalment or part remains unpaid, the Minister may, (a) determine the total amount of tax that would be payable under subsection 2 (2) for the particular year if the total Ontario remuneration paid by the employer during the year were the aggregate of, (i) the total Ontario remuneration paid by the employer prior to that time during the particular year, and (ii) the total Ontario remuneration that can reasonably be expected to be paid subsequently by the employer during the particular year; and (b) assess as tax payable by the employer in respect of the particular year the amount determined under clause (a).  1994, c. 8, s. 8 (2). Same (1.2) The Minister may make one or more assessments under subsection (1.1) in respect of a particular year before or after the end of that year.  1994, c. 8, s. 8 (2). Notice of assessment (2) Where the Minister assesses tax, interest or penalties under this section, the Minister shall send a notice of assessment to the person liable to pay the amount assessed.  R.S.O. 1990, c. E.11, s. 8 (2); 1994, c. 8, s. 8 (3). Continuation of liability (3) Liability for tax or interest payable under this Act is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.  R.S.O. 1990, c. E.11, s. 8 (3). Minister not bound by returns (4) The Minister is not bound by a statement, a return or information delivered under this Act by or on behalf of any person and may assess the tax and any interest and penalties payable under this Act whether or not a return has been delivered and despite the contents of any return or information delivered to the Minister.  R.S.O. 1990, c. E.11, s. 8 (4). Assessment valid and binding (5) An assessment, subject to being varied or vacated on an objection or appeal and subject to further assessment, shall be deemed to be valid and binding despite any error, defect or omission in the assessment or in any proceeding under this Act related to the assessment.  R.S.O. 1990, c. E.11, s. 8 (5). Payment of assessment (6) Every taxpayer shall, within thirty days from the date of sending of an assessment, pay any assessed tax, interest and penalties then remaining unpaid, whether or not an objection to or an appeal from the assessment is outstanding.  R.S.O. 1990, c. E.11, s. 8 (6); 1994, c. 8, s. 8 (4). Payment forthwith (7) The Minister may direct that all taxes, interest and penalties then remaining unpaid by a taxpayer on the day of sending of a notice of assessment be paid forthwith by the taxpayer if, (a) the Minister is of the opinion that the taxpayer is attempting to avoid payment of any amount payable under this Act; (b) the Minister made the assessment after the taxpayer failed to deliver a return required under this Act or delivered an incomplete or inaccurate return; or (c) the Minister made the assessment under subsection (1.1).  1994, c. 8, s. 8 (5). Section Amendments with date in force (d/m/y) 1994, c. 8, s. 8 (1-5) - 01/01/1993; 1999, c. 9, s. 108 - 14/12/1999 8.1 Repealed:  2010, c. 26, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 8, s. 9 - 01/01/1993 2001, c. 23, s. 77
- 05/12/2001 2010, c. 26, Sched. 6, s. 5 - 08/12/2010