Does the presumption in s. 244(20) supersede the obligation stated in s. 152(1.5) to send a notice of determination to each person who was a member of a partnership during the relevant fiscal period? The Directorate responded:
As the intention of subsection 244(20), according to the Department of Finance explanatory notes, is to provide “a more efficient manner in which to administer and enforce the Act”, we have no trouble concluding that it is intended to apply for the purposes of subsection 152(1.5), notwithstanding the slight discrepancy in the wording, i.e. the use of the word “send” in subsection 152(1.5) and the word “provided” in subsection 244(20). [A] similar conclusion was arrived at in…Menzies….
[S]ubsection 244(20) relieves the Minister from its obligation to send a notice of determination to each person who was a member of the partnership during the fiscal period covered by the notice of determination where the notice of determination is mailed to, served on or otherwise sent to the partnership at the latest known address of the partnership.