39. For the administration and enforcement of a fiscal law, in particular for the recovery of an amount owed by a person under such a law, the Minister may, by a formal demand delivered by registered mail or personal service, require from any person, whether or not the person is liable to pay a duty, that the person file by registered mail or personal service, within a reasonable time fixed in the demand:
(a) information or additional information, including a return, report or supplementary return or report, or
The person to whom the demand is made must, within the delay fixed, comply with that demand, whether or not he has already filed such return or report, or an answer to a similar demand made under a fiscal law or regulations made under such a law.
The Minister may also apply ex parte to a judge of the Court of Québec, acting in chambers, for authorization to send a person such a formal demand relating to one or more unnamed persons, on the conditions that the judge considers reasonable in the circumstances.
The judge may grant the authorization if satisfied that the filing of the information or document is required to ascertain whether the person or persons concerned carried out an obligation or a duty prescribed by a fiscal law and that the person or persons are identifiable.
The formal demand must set out the consequences of a failure to comply therewith set out in section 39.1.
1972, c. 22, s. 39; 1975, c. 83, s. 84; 1991, c. 67, s. 578; 1996, c. 31, s. 24; 1998, c. 16, s. 299; 2000, c. 25, s. 17; 2002, c. 9, s. 141; 2006, c. 7, s. 6.