Section 98 — Excise Tax Act: Books and records

Every person who is required, by or pursuant to this Act, to pay or collect taxes or other sums or to affix or cancel stamps, or makes an application under any of sections 68 to 70, shall keep records and books of account in English or French at that person’s place of business in Canada in such form and containing such information as will enable the amount of taxes or other sums that should have been paid or collected, the amount of stamps that should have been affixed or cancelled or the amount, if any, of any drawback, payment or deduction that has been made or that may be made to or by that person, to be determined. Every person required by subsection (1) to keep records and books of account shall retain those records and books of account and every account and voucher necessary to verify the information contained therein until the expiration of six years from the end of the calendar year in respect of which those records and books of account are kept or until written permission for their prior disposal is given by the Minister. Every person required by this section to keep records who does so electronically shall retain them in an electronically readable format for the retention period set out in subsection (2). The Minister may, on such terms and conditions as are acceptable to the Minister, exempt a person or a class of persons from the requirement in subsection (2.01). Notwithstanding subsection (2), where a person required by subsection (1) to keep records and books of account serves a notice of objection under section 81.15 or 81.17 or is a party to an appeal under this Part, he shall retain those records and books of account and every account and voucher necessary to verify the information therein until the objection or appeal has been finally disposed of by appeal or otherwise. Every person required by subsection (1) to keep records and books of account shall, at all reasonable times, for any purpose related to the administration or enforcement of this Act make the records and books of account and every account and voucher necessary to verify the information therein available to a particular person that is an officer of the Agency or another person authorized by the Minister; give the particular person all reasonable assistance to inspect, audit or examine the records, books, accounts and vouchers; give the particular person all reasonable assistance, answer all proper questions relating to the administration and enforcement of this Act and attend with the particular person at a place designated by the particular person, or by video-conference or by another form of electronic communication, and answer the questions orally, and answer the questions in writing, in any form specified by the particular person; and give the particular person all reasonable assistance with anything the particular person is authorized to do under this Act.