| Citation: |
Hodge v. M.N.R., 2009 FCA 210, [2009] 4 F.C.R. D-3 |
A-524-08 |
Income Tax
Application under Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, s. 147.1(13) to vary date when revocation of employee pension plan becoming effective—Act, s. 147.1(12) construed—M.N.R. issuing notice of intent to revoke registration of plan as of initial registration date since no evidence plan ever complying with Income Tax Regulations, C.R.C., c. 945, s. 8502(a)—Administrator of plan applying for revocation as of later date—Issue of which date prevailing under Act, s. 147.1(12) when M.N.R. issuing notice of intent to revoke as of one date, administrator applying for revocation as of later date novel—Subject to Court’s discretion under Act, s. 147.1(13), M.N.R’s view necessarily prevailing in present case—Court recognizing M.N.R.’s responsibility for administration of Act, including taking measures to close down employee pensions plans not meeting statutory criteria for favourable tax treatment—Minister acting within statutory power under s. 147.1(12)—No basis herein for Court to vary date of revocation specified in M.N.R.’s notice—Application dismissed.
Hodge v. M.N.R. (A-524-08, 2009 FCA 210, Evans J.A., judgment dated June 19, 2009, 11 pp.)