Race Tracks Tax Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections33

• 1Definitions

  1 In this Act, “assessment” includes a reassessment; (“cotisation”) “bet” means a bet placed under the system known as pari-mutuel wagering upon a race run at a race meeting; (“pari”) “Minister” means the Minister of Finance; (“ministre”) “operator” means a person who, (a) operates a race course, (b) conducts a race meeting, or (c) is in any manner the custodian or depository of money that is staked or deposited in the placing of a bet upon a race run at a race meeting; (“exploitant”) “person” includes a partnership, an unincorporated association and a club; (“personne”) “prescribed” means prescribed by the regulations; (“prescrit”) “race meeting” means a series of horse races conducted by an operator; (“réunion de courses”) “regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. R.1, s. 1; 1994, c. 18, s. 7 (1, 2); 1996, c. 18, s. 15. Section Amendments w…

• 1.
• 2Tax rate

  2 Every person who places a bet in Ontario upon a race run at a race meeting held in Ontario or elsewhere shall pay to the Crown in right of Ontario a tax equal to 0.5 per cent of the amount of money deposited by the person with the operator at the time the bet is placed. 1996, c. 18, s. 16. Section Amendments with date in force (d/m/y) 1996, c. 18, s. 16 - 30/09/1996 CTS 6 FE 25 - 1

• 2.
• 3Tax collection

  3 (1) Every operator shall collect the tax under section 2 as agent of the Crown in right of Ontario from the person placing the bet by deducting it from the money deposited with the operator by the person placing the bet before recording and applying the money in the placing of the bet. R.S.O. 1990, c. R.1, s. 3 (1). Duties of an operator (2) Every operator shall, (a) be deemed to hold all amounts the operator collects under this Act in trust for the Crown in right of Ontario; (b) keep all amounts collected under this Act separate and apart from the operator’s own money; and (c) remit all amounts collected under this Act to the Minister in the manner and at the time prescribed. R.S.O. 1990, c. R.1, s. 3 (2); 1994, c. 18, s. 7 (3). (3) Repealed: 1994, c. 18, s. 7 (4). [See Note after section 3.1.] Tax return (4) Every operator required to collect tax under this Act shall submit a return …

• 3.
• 3.1Interest

  3.1 (1) If on a particular date a debt as calculated under subsection (2) is payable by any person, the person shall be charged interest payable to the Minister at the prescribed rate and calculated in the prescribed manner on the amount of the debt from that date to the date the amount is received by the Minister. 1994, c. 18, s. 7 (5). Amount of debt calculation (2) In this section, the amount of the debt payable by a person under this Act at a particular date is the amount by which, (a) the aggregate of, (i) all tax under this Act that is collectable or that is payable by the person before that date, (ii) all amounts or penalties or both assessed under this Act against the person at any time before that date, and (iii) the total of all amounts charged under this section against the person in respect of a period of time ending before that date, exceeds, (b) the aggregate of, (i) the am…

• 4Records and books of account

  4 (1) Every operator shall keep records and books of account of such nature and in such manner as is prescribed. R.S.O. 1990, c. R.1, s. 4 (1). Location of records and books of account (2) Records and books of account required to be kept under subsection (1) shall be kept, (a) at the operator’s place of business or residence in Ontario; or (b) at a place in Ontario or elsewhere approved in writing by the Minister, under any terms and conditions the Minister may impose. R.S.O. 1990, c. R.1, s. 4 (2). Requirement by Minister to keep records (3) If, in the opinion of the Minister, an operator fails to keep adequate records and books of account for the purposes of this Act, the Minister may, by notice in writing, require the operator to keep, and the operator shall keep, such records and books of account as are specified in the notice. R.S.O. 1990, c. R.1, s. 4 (3). Records retention period …

• 4.
• 5Audit and inspection

  5 (1) Any person authorized by the Minister for any purpose related to the administration or enforcement of this Act may at all reasonable times enter any premises or place where an operator carries on business or keeps books and records and may, (a) audit or examine the books and records and any account, voucher, letter, telegram or other document that relates to or may relate to the tax imposed by this Act or any return required under this Act; (b) examine any property, process or matter that, in the person’s opinion, may assist in determining or ascertaining, (i) the information that is or should be in the books and records, (ii) the amount of any tax imposed by this Act, or (iii) whether or not a return is required under this Act; and (c) require the operator or the operator’s employees or agents to give all reasonable assistance with the audit or examination and to answer all proper…

• 5.
• 6Demand for information

  6 (1) For the purpose of obtaining any information that the Minister considers necessary for the purposes of this Act, the Minister may demand from any person such information as is indicated in a letter delivered personally or sent by registered or certified mail to the person, and the person shall furnish to the Minister all such information in the person’s personal possession or under the person’s control, in writing, within such reasonable period of time after the delivery or sending of the letter as is stipulated therein. R.S.O. 1990, c. R.1, s. 6. Deemed receipt of registered mail (2) A letter sent to a person by registered mail under subsection (1) is deemed to have been received on the fifth day after the day of mailing unless the person establishes that, although acting in good faith, the person did not receive it or did not receive it until a later date. 2011, c. 9, Sched. 36, …

• 6.
• 7Assessment of tax collected

  7 (1) Where an operator fails to submit a return or fails to remit amounts collected under this Act as required under this Act or the regulations, or if the return is not substantiated by the operator’s records, the Minister may make an assessment of the tax collected by the operator at any time and such assessed amount shall be deemed to be the tax collected by the operator. R.S.O. 1990, c. R.1, s. 7 (1). Idem (2) The Minister is not bound by a return submitted or information furnished by or on behalf of an operator and may, whether or not a return has been submitted, make an assessment of the tax collected by the operator at any time. R.S.O. 1990, c. R.1, s. 7 (2). Continuing liability (3) Liability to remit tax collected under this Act is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made. R.S.O. 1990, c. R.1, s. 7 (3). Notice of asse…

• 7.
• 8Penalty for non-collection of tax

  8 (1) Every operator who fails to collect tax as required under this Act shall pay a penalty, when assessed therefor, equal to the amount of tax that the operator failed to collect. R.S.O. 1990, c. R.1, s. 8 (1). Penalty for failure to submit return, etc. (2) Every operator who fails to submit a return or who fails to remit the tax collected as required by this Act and the regulations shall pay a penalty of an amount equal to 10 per cent of the tax collected for the period covered by the return. 1994, c. 18, s. 7 (8). Note: Subsection 8 (2), as re-enacted by the Statutes of Ontario, 1994, chapter 18, subsection 7 (8), applies with respect to any failure to deliver returns or remit tax required to be delivered or remitted on or after June 23, 1994. See: 1994, c. 18, ss. 7 (15), 9. Where tax not collected because of neglect, fraud, etc. (3) Where the Minister is satisfied that an operator’…

• 8.
• 9Surety bond

  9 (1) The Minister may require an operator to deposit with the Minister a bond by way of cash or other security satisfactory to the Minister in an amount to be determined by the Minister. R.S.O. 1990, c. R.1, s. 9 (1); 1994, c. 18, s. 7 (3). Disposal of surety bond (2) Where an operator who has deposited a bond with the Minister under subsection (1) has failed to collect or remit tax as required under this Act and the regulations, the Minister may apply the bond in whole or in part to the amount that should have been collected or remitted and shall forthwith give written notice thereof to the operator by registered mail or personal service. R.S.O. 1990, c. R.1, s. 9 (2); 1994, c. 18, s. 7 (3). Section Amendments with date in force (d/m/y) 1994, c. 18, s. 7 (3) - 23/06/1994

• 9.
• 10Recovery of tax

  10 (1) Upon default of payment by an operator of any amount payable under this Act, the Minister may, (a) bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in and by the name of the Minister or the Minister’s name of office and may be continued by a successor of the Minister in office as if no change had occurred and shall be tried without a jury; (b) issue a warrant directed to the sheriff for the area in which any property of the operator is located or situate for the amount owing by the operator, together with interest thereon from the date of the issue of the warrant and the fees and expenses of the sheriff, and the warrant has the same force and effect as a writ of seizure and sale issued out of the Superior Court of Justice. R.S.O. 1990, c. R.1, s. 10 (1); 2…

• 10.
• 10.0.1Recovery of costs

  10.0.1 The Minister is entitled to recover from an operator the reasonable costs and charges incurred by or on behalf of the Minister in the course of obtaining payment of any amount required to be paid under this Act by the operator, if the costs and charges relate to any of the following things: 1. Service of a notice or other document. 2. Registration of a notice of lien and charge, including any charges for related searches and for enforcement activities. 3. An action under clause 10 (1) (a) for the recovery of any amount payable under this Act. 4. Issuance and execution of a warrant referred to in clause 10 (1) (b), to the extent that the costs and charges are not recovered by the sheriff upon execution of the warrant. 5. Other prescribed payments made by or on behalf of the Minister to a third party. 2011, c. 9, Sched. 36, s. 3. Section Amendments with date in force (d/m/y) 2011, c…

• 10.1Lien on real property

  10.1 (1) Any tax payable or required to be remitted under this Act by any taxpayer is, upon registration by the Minister in the proper land registry office of a notice claiming a lien and charge conferred by this section, a lien and charge on any interest the taxpayer liable to pay or remit the tax has in the real property described in the notice. 1994, c. 18, s. 7 (10). Lien on personal property (2) Any tax payable or required to be remitted under this Act by any taxpayer is, upon registration by the Minister with the registrar under the Personal Property Security Act of a notice claiming a lien and charge under this section, a lien and charge on any interest in personal property in Ontario owned or held at the time of registration or acquired afterwards by the taxpayer liable to pay or remit the tax. 1994, c. 18, s. 7 (10). Amounts included and priority (3) The lien and charge conferre…

• 11.
• 11Objections

  11 Sections 24 to 30 of the Retail Sales Tax Act apply with necessary modifications for the purposes of objections and appeals by an operator of assessments of tax or penalties under section 7 or 8 of this Act. R.S.O. 1990, c. R.1, s. 11; 2011, c. 9, Sched. 36, s. 4. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 36, s. 4 - 12/05/2011

• 12.
• 12Offences

  12 (1) Every operator who fails to submit a return to the Minister or to remit the tax collected under this Act to the Minister as required by this Act and the regulations is guilty of an offence and, in addition to any penalty otherwise provided under this Act, is liable on conviction to a fine of not less than $100 and not more than double the amount of tax collected and not remitted. R.S.O. 1990, c. R.1, s. 12 (1); 1994, c. 18, s. 7 (3). Idem (2) Every person who has, (a) made, or participated in, assented to or acquiesced in the making of false or deceptive statements in a return, certificate, statement or answer, delivered or made as required by or under this Act or the regulations made under this Act; (b) to evade collection or remittance of a tax imposed by this Act, destroyed, altered, mutilated, secreted or otherwise disposed of records or books of account; (c) made, assented to…

• 13.
• 13Confidentiality

  13 (1) Except as authorized by this section, no person employed by the Government of Ontario shall, (a) knowingly communicate or knowingly allow to be communicated to any person any information obtained by or on behalf of the Minister for the purposes of this Act; or (b) knowingly allow any person to inspect or to have access to any record or thing obtained by or on behalf of the Minister for the purposes of this Act. R.S.O. 1990, c. R.1, s. 13 (1). Non-disclosure (2) Despite any other Act, but subject to subsection (3), no person employed by the Government of Ontario shall be required, in connection with any legal proceedings, (a) to give evidence relating to any information obtained by or on behalf of the Minister for the purposes of this Act; or (b) to produce any record or thing obtained by or on behalf of the Minister for the purposes of this Act. R.S.O. 1990, c. R.1, s. 13 (2). Exc…

• 14.
• 14Regulations: by Lieutenant Governor in Council

  14 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing the method of collection and remittance of the tax imposed under this Act and any condition or requirement affecting the collection or remittance; (b) Repealed: 1994, c. 18, s. 7 (13). (c) defining any word or expression used in this Act that has not already been expressly defined in this Act; (d) prescribing the rate of interest payable under this Act or the regulations, or a formula for computing that rate, and the method of calculating that interest; (e) prescribing the records, books of account and information to be kept and maintained by an operator; (f) prescribing anything that by this Act is to be prescribed or is to be determined by the regulations. R.S.O. 1990, c. R.1, s. 14 (1); 1994, c. 18, s. 7 (13). by Minister (2) The Minister may make regulations, (a) prescribing, defining or determining anyth…

• 15.
• 15Forms

  15 The Minister may approve the use of forms for any purpose of this Act, and requiring their use, and the forms may provide for such information to be furnished as the Minister may require. 1997, c. 19, s. 20 (2). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 20 (2) - 10/10/1997 ______________