Canada: Canadian authorities may access taxpayer self-assessments for uncertain tax positions

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada: Canadian authorities may access taxpayer self-assessments for uncertain tax positions

shafer.jpg

schmid.jpg

Jeffrey Shafer


Evan Schmid

The Federal Court of Canada recently ruled that the Canada Revenue Agency (CRA) can compel a taxpayer to produce material related to the taxpayer's assessment of its own uncertain tax positions. In MNR v BP Canada Energy Company, 2015 FC 714, CRA applied for an order compelling BP to disclose the list of tax issues considered uncertain in connection with the preparation of financial statements for BP's ultimate parent. BP argued that mandatory production of the 'issues list' was not necessary for CRA to perform its audit, was unfair to BP, and was contrary to CRA's longstanding policy that "although not routinely required, officials may request tax accrual working papers".

The Court agreed with CRA and ordered BP to produce the issues list. The Court found that:

  • it was irrelevant that CRA did not need the list to conduct and conclude a comprehensive and complete audit;

  • it was sufficient that CRA wanted the issues list for purposes of assisting with ongoing and future audits;

  • the mandatory production of the issues list did not constitute a 'self-audit' requirement for the taxpayer;

  • it was irrelevant that the issues list was not required to be kept by BP pursuant to the Income Tax Act (Canada); and

  • the issues list, even though based on BP's subjective views, was within the scope of CRA's audit powers because it relates to the enforcement of the Income Tax Act.

The Court also rejected the arguments that an order compelling production of the issues list would be unfair or discriminatory, or that the order should be refused because of alleged CRA bad faith during the audit.

This decision fits with a trend of decisions focussing on increased transparency (including, for example, the recent Superior Plus Corp. case requiring CRA to disclose internal documents relevant to the decision to apply the general anti-avoidance rule (GAAR)). It is not clear whether the decision will change CRA's practice in terms of when it demands production of accounting working papers. As of the writing of this article, BP's appeal period has not yet lapsed.

Jeffrey Shafer (jeffrey.shafer@blakes.com) andEvan Schmid (evan.schmid@blakes.com), Toronto

Blake, Cassels & Graydon

Tel: +1 416 863 3187 and +1 416 863 4341

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

If Trump continues to poke the world’s ‘middle powers’ with a stick, he shouldn’t be surprised when they retaliate
The Netherlands-based bank was described as an ‘exemplar of total transparency’; in other news, Kirkland & Ellis made a senior tax hire in Dallas
Zion Adeoye, a tax specialist, had been suspended from the African law firm since October over misconduct allegations
The deal establishes Ryan’s property tax presence in Scotland and expands its ability to serve clients with complex commercial property portfolios across the UK, the firm said
Trump announced he will cut tariffs after India agreed to stop buying Russian oil; in other news, more than 300 delegates gathered at the OECD to discuss VAT fraud prevention
Taxpayers should support the MAP process by sharing accurate information early on and maintaining open communication with the competent authorities, the OECD also said
The Fortune 150 energy multinational is among more than 12 companies participating in the initiative, which ‘helps tax teams put generative AI to work’
The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don’t count, potentially reshaping compliance for multinationals
User-friendly digital tax filing systems, transformative AI deployment, and the continued proliferation of DSTs will define 2026, writes Ascoria’s Neil Kelley
Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
Gift this article