Excise Tax Act

Marginal note:Proof of service by registered or certified mail

• 105 (1) Where a notice or other document under this Act or the regulations is sent by registered or certified mail, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has knowledge of the facts in the particular case,

  • (b) that such a notice or document was sent by registered or certified mail on a named day to the person to whom it was addressed, indicating such address, and

  • (c) that the officer identifies as exhibits annexed to the affidavit the postal certificate of registration or proof of delivery, as the case may be, of the notice or document or a true copy of the relevant portion thereof and a true copy of the notice or document,

  is evidence of the sending and of the notice or document.

• Marginal note:Proof of personal service

  (2) Where a notice or other document under this Act or the regulations is served personally, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has knowledge of the facts in the particular case,

  • (b) that such a notice or document was served personally on a named day on the person to whom it was directed, and

  • (c) that the officer identifies as an exhibit annexed to the affidavit a true copy of the notice or document,

  is evidence of the personal service and of the notice or document.

• Marginal note:Proof of electronic delivery

  (2.1) If, under this Act or a regulation made under this Act, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that

  • (a) the officer has knowledge of the facts in the particular case;

  • (b) the notice was sent electronically to the person on a named day; and

  • (c) the officer identifies as exhibits annexed to the affidavit copies of

    • (i) an electronic message confirming that the notice has been sent to the person, and

    • (ii) the notice.

• Marginal note:Proof of failure to comply

  (3) Where a person is required by this Act or the regulations to file a return or report or to pay any tax, interest, penalty or other sum, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has charge of the appropriate records, and

  • (b) that after careful examination of the records the officer was unable to find in the particular case the return or report or the payment, as the case may be,

  is evidence that, in such case, that person did not file the return or report or pay the tax, interest, penalty or other sum.

• Marginal note:Proof of time of compliance

  (4) Where a person is required or authorized by this Act or the regulations to file an application, notice, return or report or to pay any tax, interest, penalty or other sum, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has charge of the appropriate records, and

  • (b) that after careful examination of the records the officer has found that the application, notice, return or report was filed on a particular day or the payment was received on a particular day, as the case may be,

  is evidence that the application, notice, return or report was filed, or the payment was received, on that day and not prior thereto.

• Marginal note:Proof of documents

  (5) An affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has charge of the appropriate records, and

  • (b) that a document annexed to the affidavit is a document or true copy of a document, or a print-out of an electronic document, made by or on behalf of the Minister or a person exercising the powers of the Minister or by or on behalf of a person,

  is evidence of the nature and contents of the document.

• Marginal note:Proof of documents

  (5.1) An affidavit of an officer of the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has charge of the appropriate records, and

  • (b) that a document annexed to the affidavit is a document or a true copy of a document, or a print-out of an electronic document, made by or on behalf of the Minister of Public Safety and Emergency Preparedness or a person exercising the powers of that Minister or by or on behalf of a person,

  is evidence of the nature and contents of the document.

• Marginal note:Proof of no objection

  (6) An affidavit of an officer of the Agency or the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has charge of the appropriate records,

  • (b) that the officer has knowledge of the practice of the Agency or the Canada Border Services Agency, as the case may be,

  • (c) that an examination of the records shows that a notice of determination or a notice of assessment was sent to a person on a named day pursuant to this Act, and

  • (d) that after careful examination of the records the officer was unable to find that a notice of objection to the determination or assessment was received within the time limited for it,

  is evidence of the statements contained in the affidavit.

• Marginal note:Proof of no assignment

  (7) An affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has charge of the appropriate records, and

  • (b) that after careful examination of the records the officer was unable to find that a notice of assignment of the right to institute proceedings under this Act was received within the time limited therefor,

  is evidence of the statements contained therein.

• Marginal note:Proof of licence

  (8) An affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out

  • (a) that the officer has charge of the appropriate records, and

  • (b) that after careful examination of the records the officer has found that during a stated period a person was the holder of a licence granted under this Act,

  is evidence of the statements contained therein.

• Marginal note:Presumption

  (9) Where evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Agency or the Canada Border Services Agency, as the case may be, it is not necessary to prove his or her signature or that the person is such an officer, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn.