Extraordinary Relief

Remission Orders Under the Financial Administration Act

A discretionary remedy for exceptional cases where the strict application of Canadian tax law leads to an unjust or inequitable outcome.

Grounds for Remission

Severe Financial Hardship

Cases involving severe financial hardship or personal misfortune.

Unjust Enforcement

Where enforcement is unreasonable or inconsistent with legislative intent.

Administrative Error

Undue tax consequences resulting from a CRA error or significant delay.

Extraordinary Circumstances

Situations that are clearly beyond the taxpayer’s control.

No Other Recourse

Only available when no other legislative remedy or appeal exists.

Public Policy

Compelling humanitarian or public policy considerations are present.

The High Standard for Remission

Rarely Granted

Remission requests are an extraordinary remedy and are granted infrequently.

Must Demonstrate Inequity

The application must clearly show that the outcome is fundamentally inequitable.

Contrary to Good Governance

The case must argue that collecting the tax would be contrary to principles of good governance.

Harmful to Public Confidence

It must be shown that enforcement would harm public confidence in the tax system's fairness.

How We Assist with Remission Requests

Legal Basis Evaluation

Evaluating the legal basis and exploring all alternative remedies first.

Comprehensive Submissions

Preparing submissions aligned with the CRA’s Remission Guide.

Evidence Compilation

Compiling and presenting all supporting evidence (medical, financial, procedural).

CRA Liaison

Liaising with the CRA Legislative Policy and Regulatory Affairs Branch.

Compelling Arguments

Advancing arguments that meet the high threshold required under the FAA.

Post-Decision Options

Advising on options after a decision, including potential judicial review.

Remission Order Process

1

Case Assessment & Evidence Gathering

Evaluate legal basis for remission and compile all supporting evidence.

2

Submission Preparation

Prepare a comprehensive submission for the CRA and Department of Finance.

3

Government Review & Liaison

Liaise with the CRA during their review and policy analysis.

4

Governor in Council Decision

Receive final decision and advise on post-decision options.

Why Choose Iqbal Law for Remission Orders

Specialized Knowledge

In-depth understanding of the high threshold required for this unique remedy.

Strategic Submissions

Experience preparing submissions aligned with CRA and Dept. of Finance policy.

Government Liaison

Skilled at liaising with the Legislative Policy and Regulatory Affairs Branch.

End-to-End Counsel

Guidance from initial assessment to post-decision options like judicial review.

Facing an Unjust Tax Liability?

If you are facing a tax liability that cannot be addressed through traditional legal channels, we can help assess whether a Remission Order is a viable option.