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Excise Act, 2001

Version of section 208 from 2021-06-29 to 2024-10-30:


Marginal note:Requirement to provide records or information

  •  (1) Despite any other provision of this Act, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of a listed international agreement or of this Act, by a notice served or sent in accordance with subsection (1.1), require any person to provide the Minister, within any reasonable time that is stipulated in the notice, with

    • (a) any information or additional information, including a return under this Act; or

    • (b) any record.

  • Marginal note:Notice

    (1.1) A notice referred to in subsection (1) may be

    • (a) served personally;

    • (b) sent by registered or certified mail; or

    • (c) sent electronically to a bank or credit union, as those terms are defined in subsection 123(1) of the Excise Tax Act, that has provided written consent to receive notices under subsection (1) electronically.

  • Marginal note:Unnamed persons

    (2) The Minister shall not impose on any person (in this section referred to as a “third party”) a requirement to provide information or any record relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (3).

  • Marginal note:Judicial authorization

    (3) A judge of the Federal Court may, on application by the Minister and subject to any conditions that the judge considers appropriate, authorize the Minister to impose on a third party a requirement relating to an unnamed person or more than one unnamed person (in this section referred to as the “group”) if the judge is satisfied by information on oath that

    • (a) the person or group is ascertainable; and

    • (b) the requirement is made to verify compliance by the person or persons in the group with any duty or obligation under this Act.

  • (4) to (6) [Repealed, 2013, c. 33, s. 53]

  • 2002, c. 22, s. 208
  • 2007, c. 18, s. 116
  • 2013, c. 33, s. 53
  • 2021, c. 23, s. 74

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