"It is important to recognize that the statutory requirements for reassessing a statute-barred year are not the same as the statutory requirements for assessing gross negligence penalties. While there may well be cases where the same facts could justify both the reassessment of a statute-barred year and the assessment of gross negligence penalties, it will not necessarily always be the case.\n\nThe right to reassess a statute-barred year is set out in paragraph 152(4)(a) of the Act. Unless a waiver has been filed by the taxpayer within the prescribed period of time, the Minister may only reassess a taxpayer in relation to a statute-barred year if “the taxpayer or person filing the return (i) has made any misrepresentation that is attributable to neglect, carelessness or wilful default or has committed any fraud in filing the return or in supplying any information under this Act […]”.\n\nThe requirements for reassessing a statute-barred year are met if the misrepresentation is attributable to neglect or carelessness, without the need to consider whether the misrepresentation was attributable to wilful default or whether the taxpayer committed fraud (which in and of themselves could also justify the reassessment of a statute-barred year)."