Petroleum and Gas Revenue Tax Act (R.S.C., 1985, c. P-12)

Marginal note:To be filed with Minister

• 11. (1) A return of production revenue for each taxation year for which a tax under this Part is payable shall, without notice or demand therefor, be filed with the Minister in prescribed form containing prescribed information,

  • (a) in the case of a corporation, commission or association, by it or on its behalf within six months from the end of the year;

  • (b) in the case of an individual who has died without making the return, by the legal representative of that individual within six months from the day of death;

  • (c) in the case of an estate or trust, by the trustee or legal representative of the estate or trust within ninety days from the end of the year;

  • (d) in the case of any other person, by that person on or before the last day of April in the next year or, if he is unable for any reason to file the return, by the guardian, curator, tutor, committee or other legal representative of that person on or before that day; or

  • (e) where no person described in any of paragraphs (a) to (d) has filed the return, by such person as is required by notice in writing from the Minister to file the return, within such reasonable time as the notice specifies.

• Marginal note:Demand for returns

  (2) Whether or not he is liable to pay tax under this Part for a taxation year and whether or not a return has been filed under subsection (1) or (3), every person shall, on demand from the Minister, served personally or by registered letter, file, within such reasonable time as may be stipulated therein, with the Minister in prescribed form and containing prescribed information a return of the production revenue for the taxation year designated in the demand.

• Marginal note:Trustees, etc.

  (3) Every trustee in bankruptcy, assignee, liquidator, curator, receiver, trustee or committee and every agent or other person administering, managing, winding-up, controlling or otherwise dealing with the property, business, estate or income of a person who has not filed a return for a taxation year as required by this section shall file a return in prescribed form of the production revenue of that person for that year.

• (4) [Repealed, R.S., 1985, c. 2 (2nd Supp.), s. 8]

Marginal note:Estimate of tax

12. Every person required by section 11 to file a return of production revenue shall, in the return, estimate the amount of tax payable.

Marginal note:Assessment

• 13. (1) The Minister shall, with all due dispatch, examine a taxpayer’s return of production revenue for a taxation year and assess the tax for the year and the interest and penalties, if any, payable.

• Marginal note:Notice of assessment

  (2) After examination of a return of production revenue, the Minister shall send a notice of assessment to the person by whom the return was filed.

• Marginal note:Liability unaffected

  (3) Liability for the tax payable under this Part is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.

• Marginal note:Notice of assessment, etc., at later date

  (4) The Minister may at any time assess tax, interest or penalties under this Part or notify in writing any person by whom a return of production revenue for a taxation year has been filed that no tax is payable for the taxation year, and may

  • (a) at any time, if the taxpayer or person filing the return

    • (i) has made any misrepresentation that is attributable to negligence, carelessness or wilful default or has committed any fraud in filing the return or in supplying any information under this Part, or

    • (ii) has filed with the Minister a waiver in prescribed form within four years from the day of mailing of a notice of an original assessment or of a notification that no tax is payable for a taxation year, and

  • (b) within four years from the day referred to in subparagraph (a)(ii), in any other case,

  reassess or make additional assessments, or assess tax, interest or penalties under this Part, as the circumstances require.

• Marginal note:Revocation of waiver

  (4.1) Where the Minister would, but for this subsection, be entitled to reassess, make an additional assessment or assess tax, interest or penalties by virtue only of the filing of a waiver under subparagraph (4)(a)(ii), the Minister may not make such reassessment, additional assessment or assessment after the day that is six months after the date on which a notice of revocation of the waiver in prescribed form is filed.

• Marginal note:Non-inclusion of certain amounts

  (5) Notwithstanding subsection (4), there shall not be included in computing the production revenue of a taxpayer, for the purposes of any reassessment, additional assessment or assessment of tax, interest or penalties under this Part that is made after the expiration of four years from the day referred to in subparagraph (4)(a)(ii),

  • (a) any amount that was not included in computing the production revenue of the taxpayer for the purposes of an assessment of tax under this Part made before the expiration of four years from that day;

  • (b) any amount in respect of which the taxpayer establishes that the failure so to include it did not result from any misrepresentation that is attributable to negligence, carelessness or wilful default or from any fraud in filing a return of his production revenue or supplying any information under this Part; and

  • (c) where any waiver has been filed with the Minister, in the form and within the time referred to in subsection (4), with respect to a taxation year to which the reassessment, additional assessment or assessment of tax, interest or penalties, as the case may be, relates, any amount that the taxpayer establishes cannot reasonably be regarded as relating to a matter specified in the waiver.

• Marginal note:Minister not bound

  (6) The Minister is not bound by a return or information supplied by or on behalf of a taxpayer and, in making an assessment, may, notwithstanding a return or information so supplied or if no return has been filed, assess the tax payable under this Part.

• Marginal note:Assessment deemed valid

  (7) An assessment shall, subject to being varied or vacated on an objection or appeal under this Part and subject to a reassessment, be deemed to be valid and binding notwithstanding any error, defect or omission therein or in any proceeding under this Act relating thereto.