Section 289 — Excise Tax Act: Requirement to provide documents or information

Despite any other provision of this Part, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of a listed international agreement or this Part, including the collection of any amount payable or remittable under this Part by any person, by a notice served or sent in accordance with subsection (1.1), require that any person provide the Minister, within any reasonable time that is stipulated in the notice, with any information or additional information, including a return under this Part; or any document. A notice referred to in subsection (1) may be served personally; sent by registered or certified mail; or sent electronically to a bank or credit union that has provided written consent to receive notices under subsection (1) electronically. The Minister shall not impose on any person (in this section referred to as a “third party”) a requirement under subsection (1) to provide information or any document relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (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 under subsection (1) relating to an unnamed person or more than one unnamed person (in this subsection referred to as the “group”) if the judge is satisfied by information on oath that the person or group is ascertainable; and the requirement is made to verify compliance by the person or persons in the group with any duty or obligation under this Part. [Repealed, 2013, c. 33, s. 46]