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Ministry of Revenue Act

R.S.O. 1990, CHAPTER M.33

Historical version for the period May 17, 2007 to August 19, 2007.

Last amendment: 2007, c. 7, Sched. 25.

Definitions

1. In this Act,

“Minister” means the Minister of Revenue; (“ministre”)

“Ministry” means the Ministry of Revenue. (“ministère”) R.S.O. 1990, c. M.33, s. 1.

Ministry continued

2. The ministry of the public service known in English as the Ministry of Revenue and in French as ministère du Revenu is continued. R.S.O. 1990, c. M.33, s. 2.

Minister to have charge

3. The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.33, s. 3.

Administration of Acts

4. The Minister is responsible for the administration of this Act, and the Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.33, s. 4.

Deputy Minister

5. (1) The Lieutenant Governor in Council shall appoint a Deputy Minister of Revenue as deputy head of the Ministry. R.S.O. 1990, c. M.33, s. 5 (1).

Deputy Minister’s duties

(2) Under the direction of the Minister, the Deputy Minister of Revenue shall perform such duties as the Minister may assign to him or her. R.S.O. 1990, c. M.33, s. 5 (2).

Officers and employees

6. There shall be appointed under the Public Service Act such other employees as the Minister considers necessary for the proper conduct of the business of the Ministry. R.S.O. 1990, c. M.33, s. 6.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 6 is repealed by the Statutes of Ontario, 2006, chapter 35, Schedule C, section 79 and the following substituted:

Employees

6. Such employees as are considered necessary for the proper conduct of the business of the Ministry shall be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 79.

See: 2006, c. 35, Sched. C, ss. 79, 137 (1).

Delegation of powers and duties

7. (1) Any power or duty conferred or imposed on the Minister under this or any other Act may be delegated by the Minister to the deputy minister or to any other public servant within the meaning of the Public Service Act who is employed in or provides services to the Ministry and, when purporting to exercise a delegated power or duty, the delegate shall be presumed conclusively to act in accordance with the delegation. 2007, c. 7, Sched. 25, s. 1 (1).

Note: On the day the Statutes of Ontario, 2006, chapter 35, Schedule C, section 1 comes into force, subsection (1) is amended by the Statutes of Ontario, 2007, chapter 7, Schedule 25, subsection 1 (2) by striking out “to any other public servant within the meaning of the Public Service Act who is employed in or provides services to the Ministry” and substituting “to a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in or provides services to the Ministry”. See: 2007, c. 7, Sched. 25, ss. 1 (2), 3 (2).

Exception

(2) The Minister is not permitted to delegate the Minister’s powers under subsection 11 (2.1). 2007, c. 7, Sched. 25, s. 1 (1).

Delegation subject to conditions

(3) A delegation under subsection (1) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 2007, c. 7, Sched. 25, s. 1 (1).

Subdelegation

(4) In a delegation under subsection (1), the Minister may authorize a person to whom a power or duty is delegated to delegate to others the exercise of the delegated power or duty, subject to such limitations, conditions and requirements as the person may impose. 2007, c. 7, Sched. 25, s. 1 (1).

Deeds and contracts

(5) Despite section 6 of the Executive Council Act, a deed or contract signed by a person empowered to do so under a delegation or subdelegation made under this section has the same effect as if it were signed by the Minister. 2007, c. 7, Sched. 25, s. 1 (1).

Protection from personal liability

8. (1) No action or other proceeding for damages shall be instituted against the Deputy Minister, any officer or employee of the Ministry or anyone acting under the authority of the Minister or the Deputy Minister for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. R.S.O. 1990, c. M.33, s. 8 (1).

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. R.S.O. 1990, c. M.33, s. 8 (2).

Seal

9. (1) The Lieutenant Governor in Council may authorize a seal for the Minister. R.S.O. 1990, c. M.33, s. 9 (1).

Idem

(2) The seal may be reproduced by engraving, lithographing, printing or any other method of reproduction, and when so reproduced has the same force and effect as if manually affixed. R.S.O. 1990, c. M.33, s. 9 (2).

Facsimile signature

10. (1) The Minister or Deputy Minister may authorize the use of a facsimile of his or her signature on any document except an affidavit or statutory declaration. R.S.O. 1990, c. M.33, s. 10 (1).

Idem

(2) A facsimile of the signature of the Minister or the Deputy Minister affixed to a document under an authorization made under subsection (1) shall be deemed to be the signature of the Minister or the Deputy Minister, as the case may be. R.S.O. 1990, c. M.33, s. 10 (2).

Remission of taxes, fees and penalties

11. (1) In this section,

“other debt” means an amount owing to Her Majesty in right of Ontario other than,

(a) a tax, fee or penalty, and

(b) a recoverable grant as defined in subsection 12 (1); (“autre créance”)

“penalty” includes any forfeiture or pecuniary penalty imposed or authorized to be imposed by any Act of the Legislature for any contravention of the laws relating to the collection of the revenue or to the management of any public work producing toll or revenue, despite the fact that part of such forfeiture or penalty is payable to any other person; (“pénalité”)

“tax” includes any tax, interest, impost, duty or toll payable to Her Majesty, imposed or authorized to be imposed by any Act of the Legislature. (“impôt”) R.S.O. 1990, c. M.33, s. 11 (1); 2006, c. 33, Sched. U, s. 1 (1).

Authority to remit

(2) Despite any other Act, the Lieutenant Governor in Council, on the recommendation of the Minister, may remit any tax, fee, penalty or other debt if the Lieutenant Governor in Council considers it to be in the public interest to do so. 2005, c. 28, Sched. H, s. 2; 2006, c. 33, Sched. U, s. 1 (2).

Same

(2.1) Despite any other Act, the Minister may remit any tax, fee or penalty that is $10,000 or less if the Minister considers it to be in the public interest to do so. 2005, c. 28, Sched. H, s. 2.

Same

(3) A remission under this section may be total or partial, conditional or unconditional, and may be granted,

(a) before, after or pending any suit or proceeding for the recovery of the tax, fee, penalty or other debt in respect of which it is granted;

(b) before or after any payment thereof has been made or enforced by process or execution; or

(c) in the case of a tax or fee, in any particular case or class of case and before the liability therefor arises. R.S.O. 1990, c. M.33, s. 11 (3); 2006, c. 33, Sched. U, s. 1 (3).

Form of remission

(4) A remission under this section may be granted,

(a) by forbearing to institute a suit or proceeding for the recovery of the tax, fee, penalty or other debt in respect of which the remission is granted;

(b) by delaying, staying or discontinuing any suit or proceeding already instituted;

(c) by forbearing to enforce, staying or abandoning any execution or process upon any judgment;

(d) by the entry of satisfaction upon any judgment; or

(e) by repaying any sum of money paid to or recovered by the Minister for the tax, fee, penalty or other debt. R.S.O. 1990, c. M.33, s. 11 (4); 2006, c. 33, Sched. U, s. 1 (3).

Conditional remission

(5) Where a remission is granted under this section subject to a condition and the condition is not performed, the tax, fee, penalty or other debt remitted or to be remitted may be collected or all proceedings may be had as if there had been no remission. R.S.O. 1990, c. M.33, s. 11 (5); 2006, c. 33, Sched. U, s. 1 (4).

Effect of conditional remission

(6) A conditional remission, upon performance of the condition, and an unconditional remission, have effect as if the remission was made after the tax, fee, penalty or other debt in respect of which it was granted had been sued for and recovered. R.S.O. 1990, c. M.33, s. 11 (6); 2006, c. 33, Sched. U, s. 1 (5).

Payments

(7) Remissions granted under this or any other Act may be paid out of the Consolidated Revenue Fund. R.S.O. 1990, c. M.33, s. 11 (7).

Report

(8) A statement of each remission of $1,000 or more granted under this section shall be reported to the Legislature in the public accounts. R.S.O. 1990, c. M.33, s. 11 (8).

Remission has effect of pardon

(9) Where a penalty imposed by any law relating to the revenue has been wholly and unconditionally remitted under this section, the remission has the effect of a pardon for the offence for which the penalty was incurred, and thereafter the offence has no legal effect prejudicial to the person to whom the remission was granted. R.S.O. 1990, c. M.33, s. 11 (9).

Cancellation of remission

(10) Order in Council number 962/2002, made on April 2, 2002 by the Lieutenant Governor in Council under this section, is hereby revoked and the remission of taxes that was granted by the Order in Council to the Toronto Blue Jays Baseball Club and to Ontario teams other than the Toronto Blue Jays Baseball Club that are members of a professional sports league shall be deemed not to have been granted. 2002, c. 22, s. 140.

Remission of recoverable grants

12. (1) In this section,

“recoverable grant” means any grant, amount in excess of any grant, increment, amount in excess of any increment, monthly benefit, amount in excess of any monthly benefit, tax credit and interest that is required to be paid or repaid by the recipient to Her Majesty under any of the Acts administered by the Minister. R.S.O. 1990, c. M.33, s. 12 (1).

Same

(2) Despite any other Act, the Lieutenant Governor in Council, on the recommendation of the Minister, may, if he or she considers it in the public interest, remit any recoverable grant. R.S.O. 1990, c. M.33, s. 12 (2).

Same

(3) A remission under this section may be total or partial, conditional or unconditional, and may be granted,

(a) before, after or pending any suit or proceeding for the recovery of the recoverable grant in respect of which it is granted;

(b) before or after any payment or repayment thereof has been made or enforced by process or execution; or

(c) in any particular case or class of case, before the liability for repayment of the recoverable grant arises. R.S.O. 1990, c. M.33, s. 12 (3).

Form of remission

(4) A remission under this section may be granted,

(a) by forbearing to institute a suit or proceeding for recovery of the recoverable grant;

(b) by delaying, staying or discontinuing any suit or proceeding already instituted;

(c) by forbearing to enforce, staying or abandoning any execution or process upon any judgment;

(d) by the entry of satisfaction upon any judgment; or

(e) by repaying any sum of money paid to or recovered by the Minister in satisfaction of the recoverable grant. R.S.O. 1990, c. M.33, s. 12 (4).

Conditional remission

(5) Where a remission is granted under this section subject to a condition and the condition is not performed, the recoverable grant may be recovered or all proceedings may be had as if there had been no remission. R.S.O. 1990, c. M.33, s. 12 (5).

Effect of conditional remission

(6) A conditional remission, upon the performance of the condition, and an unconditional remission have effect as if the remission was made after the recoverable grant in respect of which it was granted had been sued for and recovered. R.S.O. 1990, c. M.33, s. 12 (6).

Payment

(7) Remissions granted under this or any other Act may be paid out of the Consolidated Revenue Fund. R.S.O. 1990, c. M.33, s. 12 (7).

Report

(8) A statement of each remission of $1,000 or more granted under this section shall be reported to the Legislature in the public accounts. R.S.O. 1990, c. M.33, s. 12 (8).

Regulations

13. The Lieutenant Governor in Council may make regulations,

(a) authorizing or requiring the Deputy Minister of Revenue or any officer of the Ministry to exercise any power or perform any duty conferred or imposed upon the Minister by this or any Act;

(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. M.33, s. 13.

Reciprocal provision of information

14. (1) Despite any other Act, the Minister may communicate or allow to be communicated information obtained under an Act that he or she administers to a person employed by any government, or may allow such a person to inspect written statements made under any such Act if,

(a) the government who employs the person agrees to provide similar information and written statements to the Minister on a reciprocal basis; and

(b) the information and written statements will not be used by that government for any purpose other than the administration or enforcement of a law that imposes a tax or confers a benefit. R.S.O. 1990, c. M.33, s. 14.

Same

(2) For any of the following purposes, the Minister and any person employed by the Crown who is engaged, directly or indirectly, in the administration and enforcement of an Act described in subsection (3) may communicate information and material obtained in the course of his or her duties, or allow it to be communicated, to another person employed by the Crown or may receive information and material in the course of his or her duties from another person employed by the Crown:

Note: On the day the Statutes of Ontario, 2006, chapter 35, Schedule C, section 1 comes into force, subsection (2) is amended by the Statutes of Ontario, 2007, chapter 7, Schedule 25, subsection 2 (2) by,

(a) striking out “any person employed by the Crown” in the portion before paragraph 1 and substituting “any public servant employed under Part III of the Public Service of Ontario Act, 2006”;

(b) striking out “to another person employed by the Crown” in the portion before paragraph 1 and substituting “to another public servant”; and

(c) striking out “from another person employed by the Crown” in the portion before paragraph 1 and substituting “from another public servant”.

See: 2007, c. 7, Sched. 25, ss. 2 (2), 3 (2).

1. For use in the administration or enforcement of an Act described in subsection (3) or another Act that imposes a tax or confers a benefit.

2. For use in developing or evaluating tax policy for the Crown.

3. For use in developing or evaluating a program that confers a benefit. 2007, c. 7, Sched. 25, s. 2 (1).

Same

(3) Subsection (2) applies despite any provision in an Act administered by the Minister or in an Act under which the Minister exercises powers or performs duties as assigned to him or her under the Executive Council Act. 2007, c. 7, Sched. 25, s. 2 (1).

Minister may withhold tax refunds

15. Despite the provisions of any other Act, if a person who is entitled to a refund on account of tax, interest or penalties under any Act administered by the Minister has failed to deliver one or more returns under any Act or Acts administered by the Minister, the Minister may withhold payment of the refund until such time as the Minister is satisfied that the person has delivered the return or returns. 2004, c. 31, Sched. 24, s. 1.

Alternative means for delivery of documents and information

Definitions

16. (1) In this section and in sections 17 and 18,

“Act” means an Act administered by the Minister; (“loi”)

“regulation” means a regulation made under an Act; (“règlement”)

“send” includes, in respect of a document or information, deliver, file, serve, give or transmit the document or information by any means. (“envoyer”) 2005, c. 31, Sched. 15, s. 1.

Minister may approve alternative means of delivery

(2) The Minister may approve one or more alternative means of delivery,

(a) by which the Minister or another person may satisfy a requirement in an Act or regulation to send a document or information by mail or registered mail or to notify the Minister or another person by mail or registered mail; or

(b) by which a person may satisfy a requirement in an Act or regulation to send information that is required to be provided to the Minister or another person in a prescribed or approved form. 2005, c. 31, Sched. 15, s. 1.

Same

(3) The Minister may approve an alternative means of delivery that has general application or that applies only to particular documents or information or in particular circumstances and may establish conditions that must be satisfied before a person may send or receive documents or information through the alternative means of delivery. 2005, c. 31, Sched. 15, s. 1.

Exception

(4) The Minister shall not approve an alternative means of delivery unless the recipient of a document or information sent by the alternative means will be able to access the document or information and retain it for subsequent reference. 2005, c. 31, Sched. 15, s. 1.

Rules

(5) If the Minister approves an alternative means of delivery under subsection (2), the following rules apply:

1. Subject to section 17, no person shall be required, without his or her consent, to send a document or information by the alternative means of delivery or to accept a document or information sent by the alternative means of delivery.

2. The Minister shall not be required to accept a document or information sent by the alternative means of delivery if the sender has not complied with any conditions established by the Minister in respect of the use by senders of the alternative means of delivery.

3. For the purposes of determining when a document or information is received by the Minister, a document or information sent by the alternative means of delivery shall not be considered to be received by the Minister unless the document or information is in a form that can be accessed and retained by the Minister for subsequent reference. 2005, c. 31, Sched. 15, s. 1.

Revocation of approval of alternative means

(6) The Minister may, at any time, revoke his or her approval of an alternative means of delivery. 2005, c. 31, Sched. 15, s. 1.

Minister may require use of specified means of delivery

17. (1) Despite section 3 of the Electronic Commerce Act, 2000 and any other Act or regulation, such persons or classes of persons as may be specified by the Minister shall do one or more of the following:

1. Send such documents or information under an Act or regulation as may be specified by the Minister by using such electronic or other means as may be specified by the Minister.

2. Receive by such electronic or other means as may be specified by the Minister such documents or information as may be specified by the Minister that are sent under an Act or regulation.

3. Make such payments or tax remittances under an Act or regulation as may be specified by the Minister by using such electronic or other means as may be specified by the Minister.

4. Receive such payments under an Act or regulation as may be specified by the Minister by such electronic or other means as may be specified by the Minister. 2005, c. 31, Sched. 15, s. 1.

Time of receipt

(2) For the purposes of determining when a document or information is received by the Minister, a document or information sent by a means specified by the Minister shall not be considered to be received by the Minister unless the document or information is in a form that can be accessed and retained by the Minister for subsequent reference. 2005, c. 31, Sched. 15, s. 1.

Forms and records

18. Despite any other Act or regulation, the Minister may require any person to maintain any book, record, other document or information required to be kept or maintained for the purposes of an Act or regulation in a form specified by the Minister and may dispense with,

(a) a requirement under any other Act or regulation to maintain any book, record, other document or information for a particular period of time and may specify a period of time that will apply instead; and

(b) a requirement under any other Act or regulation that any book, record, other document or information be kept in a particular form and may specify the form in which it is to be kept. 2005, c. 31, Sched. 15, s. 1.

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