jswizzle3737/ontario_laws_and_regs huggingface dataset:
94 (1) Every corporation that is required by this Act to pay taxes shall keep records and books of account, including an annual inventory kept in the same manner as is required for purposes of the Income Tax Act (Canada) and the regulations made thereunder at its permanent establishment in Ontario or at such other place as is designated by the Minister, in such form and containing such information as will enable the taxes payable under this Act to be determined.  R.S.O. 1990, c. C.40, s. 94 (1); 2004, c. 16, s. 2 (2). Idem (2) Where a corporation has failed to keep adequate records and books of account for the purpose of this Act, the Minister may require the corporation to keep such records and books of account as he or she specifies and the corporation shall thereafter keep records and books of account as so required.  R.S.O. 1990, c. C.40, s. 94 (2); 2004, c. 16, s. 2 (2). Idem (3) Every corporation required by this section to keep records and books of account shall, until written permission for their disposal is obtained from the Minister, retain every such record or book of account and every account or voucher necessary to verify the information in any such records or books of account.  R.S.O. 1990, c. C.40, s. 94 (3); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
95 (1) Every corporation that has failed to deliver a return as and when required by this Act or the regulations is guilty of an offence and, in addition to any penalty otherwise provided, on conviction is liable to a fine of not less than $200 for each day of default.  R.S.O. 1990, c. C.40, s. 95 (1); 2004, c. 16, s. 2 (2). Idem (2) Every person who has failed to comply with or contravened section 93 or 94 is guilty of an offence and, in addition to any penalty otherwise provided, on conviction is liable to a fine of $200 for each day during which the default continues.  R.S.O. 1990, c. C.40, s. 95 (2); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
96 Where a corporation is guilty of an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in, or participated in, the commission of the offence is a party to and guilty of the offence and on conviction is liable to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.  R.S.O. 1990, c. C.40, s. 96; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
97 An information in respect of an offence against this Act shall be laid within six years of the time when the matter of the information arose.  R.S.O. 1990, c. C.40, s. 97; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
101 (1) Where the Minister knows or suspects that a person is holding money that was seized by a police officer in the course of administering or enforcing the criminal law of Canada from a corporation, which is liable to make a payment under this Act, that are restorable to the corporation, the Minister may, by registered letter or by a letter served personally, require that person to turn over the money otherwise restorable to the corporation in whole or in part to the Minister on account of the corporation’s liability under this Act.  R.S.O. 1990, c. C.40, s. 101 (1); 1994, c. 14, s. 46; 2004, c. 16, s. 2 (2). Receipt (2) The receipt of the Minister for money turned over as required by this section is a good and sufficient discharge of the requirement to restore the money to the corporation to the extent of the amount so turned over.  R.S.O. 1990, c. C.40, s. 101 (2); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 1994, c. 14, s. 46 - 23/06/1994 2004, c. 16, s. 2 (2)
- 01/01/2004
102 (1) Upon default of payment by a corporation of any amount required by this Act to be paid, (a) the Minister may bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in and by the name of the Minister or his or her name of office and may be continued by his or her successor in office as if no change had occurred, and shall be tried without a jury; (b) the Minister may issue a warrant, directed to the sheriff for any area in which any property of the corporation is located or situate, for any amount required by this Act to be paid by the corporation, together with interest thereon from the date of the issue of the warrant and the costs, expenses and poundage of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Superior Court of Justice.  R.S.O. 1990, c. C.40, s. 102 (1); 1994, c. 14, s. 47; 2001, c. 23, s. 62; 2004, c. 16, s. 2 (2). Compliance of Minister to be proved by affidavit (2) For the purpose of any proceeding taken under this Act, the facts necessary to establish compliance on the part of the Minister with this Part as well as the failure of any person, partnership, syndicate, trust or corporation to comply with the requirements of this Part shall, unless evidence to the contrary satisfactory to the court is adduced, be sufficiently proven in any court of law by affidavit of the Minister or of any officer of the Ministry of Finance.  R.S.O. 1990, c. C.40, s. 102 (2); O.C. 355/93; 1997, c. 19, s. 4 (4); 2004, c. 16, s. 2 (2). Application of subrule 60.07 (2), Rules of Civil Procedure (3) Subrule 60.07 (2) of the Rules of Civil Procedure does not apply in respect of a warrant issued by the Minister under clause (1) (b).  2010, c. 26, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) O.C. 355/93 - 03/02/1993; 1994, c. 14, s. 47 (1, 2) - 23/06/1994; 1997, c. 19, s. 4 (4) - 10/10/1997 2001, c. 23, s. 62
- 05/12/2001 2004, c. 16, s. 2 (2)
- 01/01/2004 2010, c. 26, Sched. 4, s. 2 - 08/12/2010
103 The Minister may, if he or she considers it advisable, accept security for the payment of taxes by a corporation by way of a mortgage or other charge of any kind upon the property of the corporation or of any other person, or by way of a guarantee of the payment of the taxes by another person.  R.S.O. 1990, c. C.40, s. 103; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
104 The Minister is entitled to recover from a corporation the reasonable costs and charges incurred by or on behalf of the Minister in the course of obtaining payment of any amount required to be paid under this Act by the corporation, if the costs and charges relate to any of the following things: 1. Service of a notice or other document. 2. Registration of a notice of lien and charge, including any charges for related searches and for enforcement activities. 3. An action under clause 102 (1) (a) for the recovery of any amount payable under this Act. 4. Issuance and execution of a warrant referred to in clause 102 (1) (b), to the extent that the costs and charges are not recovered by the sheriff upon execution of the warrant. 5. Other prescribed payments made by or on behalf of the Minister to a third party.  2011, c. 9, Sched. 8, s. 6. Section Amendments with date in force (d/m/y) 1994, c. 14, s. 48 - 23/06/1994 2004, c. 16, s. 2 (2)
- 01/01/2004 2011, c. 9, Sched. 8, s. 6 - 12/05/2011
105 For the purpose of collecting debts owed by a corporation to Her Majesty in right of Ontario under this Act, the Minister may purchase or otherwise acquire any interest in the corporation’s property that the Minister is given a right to acquire in legal proceedings or under a court order or that is offered for sale or redemption and may dispose of any interest so acquired in such manner as he or she considers reasonable.  R.S.O. 1990, c. C.40, s. 105; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
106 The use of any of the remedies provided by sections 100 and 102 does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery or enforcement of the payment of any amount required to be paid under this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any lien, charge or priority existing under this Act or otherwise.  R.S.O. 1990, c. C.40, s. 106; 1994, c. 14, s. 49; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 1994, c. 14, s. 49 - 23/06/1994 2004, c. 16, s. 2 (2)
- 01/01/2004
107 (1) Every person required under subsection 75 (7) to deliver a return for a corporation for a taxation year shall, immediately on receipt of a notice of assessment or reassessment in respect of the taxation year, pay all taxes, interest, penalties and other amounts payable under this Act by or in respect of the corporation to the extent that the person has or had in the person’s possession or control property belonging to the corporation or its estate, at any time since the taxation year, and the person shall thereupon be deemed to have made the payment on behalf of the corporation.  1994, c. 14, s. 50 (1); 2004, c. 16, s. 2 (2). Certificate of tax paid (2) Every assignee, liquidator, receiver, receiver-manager, and other agent, other than a trustee in bankruptcy, before distributing any property of the corporation under their control, shall obtain a certificate from the Minister certifying that all taxes, interest, penalties and other amounts payable by the corporation under this Act have been paid or that security for the payment thereof in a form acceptable to the Minister has been given under section 103.  1994, c. 14, s. 50 (1); 2004, c. 16, s. 2 (2). Personal liability of receivers (3) Any person referred to in subsection (2) who fails to obtain the certificate referred to therein shall be personally liable to Her Majesty in right of Ontario for an amount equal to the taxes, interest, penalties and other amounts payable under subsection (1) and such debt shall be deemed to be tax owing by such person under this Act and may be enforced in accordance with the provisions of this Act.  R.S.O. 1990, c. C.40, s. 107 (3); 1994, c. 14, s. 50 (2); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 1994, c. 14, s. 50 (1, 2) - 23/06/1994 2004, c. 16, s. 2 (2)
- 01/01/2004
108 (1) Where a corporation has failed to pay an amount payable under this Act for a period of more than three years from the date of mailing of the notice of assessment or reassessment under this Act, no person shall sell any property of the corporation unless the person has given written notice by registered mail to the Minister not less than ten days before the date of the sale.  1994, c. 14, s. 51; 2004, c. 16, s. 2 (2). Penalty (2) Every person who contravenes subsection (1) is liable to a penalty equal to the amount payable by the corporation under this Act as of the date of the sale, and such penalty is recoverable by action in any court in which a debt or money demand of a similar amount may be collected.  1994, c. 14, s. 51; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 1994, c. 14, s. 51 - 23/06/1994 2004, c. 16, s. 2 (2)
- 01/01/2004
109 If any doubt or dispute arises as to the liability of a corporation to pay a tax or any portion of a tax demanded under the authority of this Act, or if owing to special circumstances it is deemed inequitable to demand payment of the whole amount imposed by this Act, the Minister may accept such amount as he or she deems proper.  R.S.O. 1990, c. C.40, s. 109; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
109.1 (1) The Minister may remit all or part of any interest and penalties otherwise payable under this Act by a corporation in respect of a taxation year beginning on or after January 1, 2008 and, despite section 80, may make any assessment or reassessment of the interest and penalties payable by the corporation that is necessary to take into account the remission.  2007, c. 11, Sched. B, s. 2 (18). Time limit (2) No remission under subsection (1) may be granted and no assessment or reassessment referred to in subsection (1) may be made more than 120 months after the end of the taxation year to which the remission relates.  2007, c. 11, Sched. B, s. 2 (18). Section Amendments with date in force (d/m/y) 2007, c. 11, Sched. B, s. 2 (18) - 04/06/2007
110 Every person who, and every corporation that, contravenes or fails to comply with any of the provisions of this Act or the regulations for which no other fine is provided is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $5,000.  R.S.O. 1990, c. C.40, s. 110; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004
111 The fines imposed for offences under this Act are payable to the Minister.  R.S.O. 1990, c. C.40, s. 111; O.C. 355/93; 1997, c. 19, s. 4 (5); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) O.C. 355/93 - 03/02/1993; 1997, c. 19, s. 4 (5) - 10/10/1997 2004, c. 16, s. 2 (2)
- 01/01/2004
112.1 (1) The Minister may approve forms for the purposes of this Act and the forms may provide for such information to be furnished as the Minister may require.  1997, c. 19, s. 4 (6); 2004, c. 16, s. 2 (2). Fees (2) The Minister may establish and charge fees for anything that the Minister is required or authorized to do under this Act.  1997, c. 19, s. 4 (6); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 4 (6) - 10/10/1997 2004, c. 16, s. 2 (2)
- 01/01/2004 PART VII   TRANSITIONAL PROVISIONS
113 (1) For the purposes of this Act, the Income Tax Application Rules, 1971
(Canada) shall, where applicable, be deemed to apply with necessary modifications to taxation years ended in 1972 and subsequent taxation years.  R.S.O. 1990, c. C.40, s. 113 (1); 2004, c. 16, s. 2 (2). Idem (2) In this Act where reference is made to The Corporations Tax Application Rules, 1972, such reference shall mean the provisions made applicable by subsection (1).  R.S.O. 1990, c. C.40, s. 113 (2); 2004, c. 16, s. 2 (2). Reference to predecessor Act (3) In this Act where reference is made to The Corporations Tax Act, such reference shall mean the provisions of The Corporations Tax Act, R.S.O. 1970, c. 91, as amended.  R.S.O. 1990, c. C.40, s. 113 (3); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, s. 2 (2)
- 01/01/2004 PART VIII   MISCELLANEOUS