Generally, under the Excise Tax Act every recipient of a taxable supply (other than a zero-rated supply) made in Canada is required to pay GST on the value of the consideration for the supply. Consideration is defined in the Act to include any amount payable by operation of law. The Act also provides that all taxes, duties or fees (other than the GST) imposed under an Act of Parliament in respect of a supply of property or a service and payable by the recipient of the supply, or payable/collectible by the supplier in respect of the supply or in respect of the production, importation, consumption or use of the property or service, are included in the consideration for the supply, for GST purposes.
Given the preceding, supplies (for example, sales) made in Canada of fossil fuels would generally be subject to GST, which would be calculated on the price paid for the supply of the fuel. This would include any fuel charge paid or payable in respect of the supply as well as any fuel charge embedded in the price as a result of having been paid earlier on in the distribution chain.
GST registrants are generally entitled to claim an input tax credit to recover the GST paid or payable in respect of the supply of property or a service acquired for consumption, use or supply in the course of commercial activities.
