Economic and Fiscal Update Implementation Act, 2021 (S.C. 2022, c. 5)

Consequential Amendments

R.S., c. A-1Access to Information Act

• 11 (1) Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to

  • Underused Housing Tax Act

    Loi sur la taxe sur les logements sous-utilisés

  and a corresponding reference to “section 32”.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act

• 12 (1) Subsection 149(3) of the Bankruptcy and Insolvency Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after that paragraph:

  • (h) the Underused Housing Tax Act.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

R.S., c. C-46Criminal Code

13 Paragraph 462.48(2)(c) of the Criminal Code is replaced by the following:

R.S., c. E-15Excise Tax Act

• 14 (1) Section 77 of the Excise Tax Act is replaced by the following:

  Marginal note:Restriction on refunds and credits

  77 A refund shall not be paid, and a credit shall not be allowed, to a person under this Act until the person has filed with the Minister all returns and other records of which the Minister has knowledge that are required to be filed under the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 or the Underused Housing Tax Act.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 15 (1) Subsection 229(2) of the Act is replaced by the following:

  • Marginal note:Restriction

    (2) A net tax refund for a reporting period of a person shall not be paid to the person under subsection (1) at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 16 (1) Subsection 230(2) of the Act is replaced by the following:

  • Marginal note:Restriction

    (2) An amount paid on account of net tax for a reporting period of a person shall not be refunded to the person under subsection (1) at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 17 (1) Subparagraph 238.1(2)(c)(iii) of the Act is replaced by the following:

  • (iii) all amounts required under this Act (other than this Part), sections 21 and 33 of the Canada Pension Plan, the Excise Act, the Customs Act, the Income Tax Act, section 82 and Part VII of the Employment Insurance Act, the Customs Tariff, the Excise Act, 2001 and the Underused Housing Tax Act to be remitted or paid before that time by the registrant have been remitted or paid, and

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 18 (1) Section 263.02 of the Act is replaced by the following:

  Marginal note:Restriction on rebate

  263.02 A rebate under this Part shall not be paid to a person at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 19 (1) Subsection 296(7) of the Act is replaced by the following:

  • Marginal note:Restriction on refunds

    (7) An amount under this section shall not be refunded to a person at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

R.S., c. F-11Financial Administration Act

• 20 (1) Paragraph 155.2(6)(c) of the Financial Administration Act is replaced by the following:

  • (c) an amount owing by a person to Her Majesty in right of Canada, or payable by the Minister of National Revenue to any person, under the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Softwood Lumber Products Export Charge Act, 2006 or the Underused Housing Tax Act.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

R.S., c. T-2Tax Court of Canada Act

• 21 (1) Subsection 12(1) of the Tax Court of Canada Act is replaced by the following:

  Marginal note:Jurisdiction

  • 12 (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Canada Pension Plan, the Cultural Property Export and Import Act, Part IX of the Excise Tax Act, the Old Age Security Act, the Petroleum and Gas Revenue Tax Act, Part V.1 of the Customs Act, the Income Tax Act, the Employment Insurance Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Softwood Lumber Products Export Charge Act, 2006, the Disability Tax Credit Promoters Restrictions Act, Part 1 of the Greenhouse Gas Pollution Pricing Act and the Underused Housing Tax Act when references or appeals to the Court are provided for in those Acts.

• (2) Subsections 12(3) and (4) of the Act are replaced by the following:

  • Marginal note:Further jurisdiction

    (3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 310 or 311 of the Excise Tax Act, section 97.58 of the Customs Act, section 173 or 174 of the Income Tax Act, section 51 or 52 of the Air Travellers Security Charge Act, section 204 or 205 of the Excise Act, 2001, section 62 or 63 of the Softwood Lumber Products Export Charge Act, 2006, section 121 or 122 of the Greenhouse Gas Pollution Pricing Act or section 45 or 46 of the Underused Housing Tax Act.

  • Marginal note:Extensions of time

    (4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 304 or 305 of the Excise Tax Act, section 97.51 or 97.52 of the Customs Act, section 166.2 or 167 of the Income Tax Act, subsection 103(1) of the Employment Insurance Act, section 45 or 47 of the Air Travellers Security Charge Act, section 197 or 199 of the Excise Act, 2001, section 115 or 117 of the Greenhouse Gas Pollution Pricing Act or section 39 or 41 of the Underused Housing Tax Act.

• (3) Subsections (1) and (2) come into force, or are deemed to have come into force, on January 1, 2022.

• 22 (1) Paragraph 18.29(3)(a) of the Act is amended by striking out “or” at the end of subparagraph (vii), by replacing “and” at the end of subparagraph (viii) with “or” and by adding the following after subparagraph (viii):

  • (ix) section 39 or 41 of the Underused Housing Tax Act; and

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 23 (1) Subsection 18.31(2) of the Act is replaced by the following:

  • Marginal note:Determination of a question

    (2) If it is agreed under section 310 of the Excise Tax Act, section 97.58 of the Customs Act, section 51 of the Air Travellers Security Act, section 204 of the Excise Act, 2001, section 62 of the Softwood Lumber Products Export Act, 2006, section 121 of the Greenhouse Gas Pollution Pricing Act or section 45 of the Underused Housing Tax Act that a question should be determined by the Court, sections 17.1, 17.2 and 17.4 to 17.8 apply, with any modifications that the circumstances require, in respect of the determination of the question.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 24 (1) Subsection 18.32(2) of the Act is replaced by the following:

  • Marginal note:Provisions applicable to determination of a question

    (2) If an application has been made under section 311 of the Excise Tax Act, section 52 of the Air Travellers Security Charge Act, section 205 of the Excise Act, 2001, section 63 of the Softwood Lumber Products Export Charge Act, 2006, section 122 of the Greenhouse Gas Pollution Pricing Act or section 46 of the Underused Housing Tax Act for the determination of a question, the application or determination of the question must, subject to section 18.33, be determined in accordance with sections 17.1, 17.2 and 17.4 to 17.8, with any modifications that the circumstances require.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

R.S., c. 1 (2nd Supp.)Customs Act

• 25 (1) The description of B in paragraph 97.29(1)(a) of the Customs Act is replaced by the following:

  B

  is the amount, if any, by which the amount assessed the transferee under subsection 325(2) of the Excise Tax Act, subsection 160(2) of the Income Tax Act, subsection 297(3) of the Excise Act, 2001 and subsection 80(3) of the Underused Housing Tax Act in respect of the property exceeds the amount paid by the transferor in respect of the amount so assessed, and

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 26 (1) Paragraph 107(5)(g.1) of the Act is replaced by the following:

  • (g.1) an official of the Canada Revenue Agency solely for a purpose relating to the administration or enforcement of the Canada Pension Plan, the Excise Act, the Excise Tax Act, the Income Tax Act, the Employment Insurance Act, the Excise Act, 2001 or the Underused Housing Tax Act;

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

R.S., c. 1 (5th Supp.)Income Tax Act

• 27 (1) Paragraph 18(1)(t) of the Income Tax Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

  • (iv) as interest under the Underused Housing Tax Act;

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.

• 28 (1) Subsection 164(2.01) of the Act is replaced by the following:

  • Marginal note:Withholding of refunds

    (2.01) The Minister shall not, in respect of a taxpayer, refund, repay, apply to other debts or set-off amounts under this Act at any time unless all returns of which the Minister has knowledge and that are required to be filed by the taxpayer at or before that time under this Act, the Excise Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister.

• (2) Subsection (1) comes into force, or is deemed to have come into force, on January 1, 2022.