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O. Reg. 36/04: MISCELLANEOUS

filed February 27, 2004 under Gasoline Tax Act, R.S.O. 1990, c. G.5

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ontario regulation 36/04

made under the

Gasoline Tax Act

Made: February 5, 2004
Filed: February 27, 2004
Printed in The Ontario Gazette: March 13, 2004

Amending Reg. 534 of R.R.O. 1990

(Miscellaneous)

1. (1) Subsection 1 (4) of Regulation 534 of the Revised Regulations of Ontario, 1990 is amended by striking out “statement” and substituting “return”.

(2) Subsection 1 (5) of the Regulation is amended by striking out “statement” and substituting “return”.

(3) Subsection 1 (6) of the Regulation is amended by striking out “statement” in the portion before clause (a) and substituting “return”.

(4) Subsection 1 (7) of the Regulation is amended by striking out “statement” and substituting “return”.

2. The Regulation is amended by adding the following section:

1.1.1 (1) For the purposes of subsection 8 (2) of the Act, every manufacturer shall complete and deliver monthly returns in a form approved by the Minister containing the information described in clauses 5 (1.1) (a) to (d).

(2) A manufacturer shall deliver a monthly return referred to in subsection (1) no later than the 21st day of the second month ending after the month to which the return relates. 

3. (1) Subsections 1.1 (1) and (2) of the Regulation are revoked.

(2) Section 1.1 of the Regulation is amended by adding the following subsection: 

(9) Despite subsection (8), the following rules apply to an exporter if the total amount of refunds that will be claimed by the exporter under this section for a calendar year does not exceed $500:

1. The exporter is not required to submit the required evidence under subsection (8) in support of the returns required under subsection (3) for any month in that calendar year.

2. The exporter shall retain the required evidence in support of each return for a month in that calendar year for a period of not less than seven years after the day the return is delivered to the Minister and shall produce the required evidence at any time during that period at the request of the Minister.

4. Section 3 of the Regulation is amended by adding the following subsection:

(4.1) Despite subsection (4), the following rules apply to an applicant if the total amount of refunds that will be claimed by the applicant under this section for a calendar year does not exceed $500:

1. The applicant is not required to submit the invoices covering the purchase of the gasoline in respect of which an application for refund is made.

2. The applicant shall retain the invoices referred to in paragraph 1 for a period of not less than seven years after the day the application is made to the Minister and shall produce the invoices at any time during that period at the request of the Minister.

5. Section 4 of the Regulation is amended by adding the following subsection:

(3.1) Despite subsection (3), the following rules apply to an applicant if the total amount of refunds that will be claimed by the applicant under this section for a calendar year does not exceed $500:

1. The applicant is not required to submit the invoices covering the purchase of the aviation fuel in respect of which an application for refund is made.

2. The applicant shall retain the invoices referred to in paragraph 1 for a period of not less than seven years after the day the application is made to the Minister and shall produce the invoices at any time during that period at the request of the Minister.

6. (1) Section 5 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of subsection 15 (1) of the Act, every manufacturer shall maintain a record of,

(a) the quantities of gasoline, aviation fuel and propane produced by the manufacturer for its own distribution or for distribution to another person;

(b) the quantities of gasoline, aviation fuel and propane sold, delivered, exported, consumed or transferred into a fuel tank by the manufacturer;

(c) the quantities of products, other than gasoline, aviation fuel and propane that are  produced by the manufacturer that are required to be reported by the manufacturer on its monthly returns; and

(d) the manufacturer’s inventory of gasoline, aviation fuel and propane.

(2) Subsection 5 (2) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”.

7. The Regulation is amended by adding the following section:

10. (1) For the purposes of subsection 11 (7.1) of the Act,

(a) the prescribed threshold for an unverifiable loss is 0.25 per cent;

(b) the amount of a person’s unverifiable losses of gasoline is the amount by which the person’s available inventory exceeds the amount of gasoline that the person verifies to have been sold, lost, destroyed, stolen, contaminated, consumed or distributed; and

(c) a person has excess unverifiable losses to the extent the person’s unverifiable losses of gasoline for a period of 36 continuous months exceeds the amount equal to 0.25 per cent of the person’s available inventory of gasoline for that period.

(2) For the purposes of subsection (1), a person’s available inventory of gasoline for a period of 36 months is calculated using the formula,

A + B – C

in which,

  “A” is the amount of the person’s opening inventory of gasoline at the beginning of the period,

  “B” is the amount of gasoline produced, received or purchased by the person during the period, and

  “C” is the amount of the person’s closing inventory of gasoline at the end of the period.

8. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 3, 4 and 5 shall be deemed to have come into force on May 9, 2001. 

Made by:

Gregory Sorbara

Minister of Finance

Date made: February 5, 2004.