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Health Reform Transfer |
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Purposes
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24.6 (1) For the purpose of giving effect to
the 2003 First Ministers' Accord on Health
Care Renewal and accelerating health care
reform in the priority areas of primary health
care, home care and catastrophic drug
coverage, the Minister may make direct
payments to the provinces to
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Payments
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(2) The amounts that may be paid under this
section are
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Provincial
share
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(3) The amount that may be paid to a
province for each of the fiscal years
mentioned in subsection (2) is the amount
determined by multiplying the amount set out
for that fiscal year by the quotient obtained by
dividing
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by
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Total Equalized Tax Transfer |
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Total
equalized tax
transfer
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24.7 (1) The total equalized tax transfer
applicable to a province for a fiscal year is the
aggregate of
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Federal
income tax
reduction
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(2) For the purposes of subsection (1), the
amount represented by the federal income tax
reduction in a province in respect of the
Canada Health Transfer and the Canada
Social Transfer for a fiscal year is an amount
equal to the aggregate of
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Payments |
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Payments out
of C.R.F.
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24.8 Any amount payable under this Part
may be paid by the Minister out of the
Consolidated Revenue Fund at the times and
in the manner that may be prescribed.
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Reduction or Withholding |
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Definitions
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24.9 The following definitions apply in
sections 25 to 25.5.
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``Minister'' « ministre »
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``Minister'' means the Minister of Human
Resources Development.
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``social
assistance'' « assistance sociale »
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``social assistance'' means aid in any form to
or in respect of a person in need.
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Reduction or
withholding
- Canada
Health
Transfer and
Canada Social
Transfer
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25. The cash contribution that may be
provided to a province under section 24.2 or
24.5 or subsection 24.6(3) is to be reduced or
withheld for the purposes of giving effect to
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Criteria for
eligibility
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25.1 (1) In order that a province may qualify
for a full cash contribution under sections 24.2
and 24.5 and subsection 24.6(3) for a fiscal
year, the laws of the province must not
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Exception
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(2) The criteria in subsection (1) are not
contravened by a requirement of a health
insurance plan of a province of a minimum
period of residence in the province or waiting
period that does not contravene paragraph
11(1)(a) of the Canada Health Act.
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Referral to
Governor in
Council
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25.2 (1) Subject to subsection (3), if the
Minister, after consultation in accordance
with subsection (2) with the minister
responsible for social assistance in a province,
is of the opinion that the province does not or
has ceased to comply with section 25.1 and the
province has not given an undertaking
satisfactory to the Minister to remedy the
non-compliance within a period that the
Minister considers reasonable, the Minister
must refer the matter to the Governor in
Council.
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Consultation
process
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(2) Before referring a matter to the
Governor in Council under subsection (1) in
respect of a province, the Minister must
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Exception
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(3) The Minister may act under subsection
(1) without consultation if he or she is of the
opinion that a sufficient time has expired after
reasonable efforts to achieve consultation
were made and that consultation will not be
achieved.
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Order
reducing or
withholding
contribution
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25.3 (1) If the Governor in Council, on the
referral of a matter under section 25.2, is of the
opinion that the province does not or has
ceased to comply with section 25.1, the
Governor in Council may, by order,
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Amending
orders
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(2) The Governor in Council may, by order,
repeal or amend any order made under
subsection (1) if the Governor in Council is of
the opinion that the repeal or amendment is
warranted in the circumstances.
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Copy of order
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(3) A copy of each order made under this
section together with a statement of any
findings on which the order was based must be
sent without delay by registered mail to the
government of the province concerned, and
the Minister must have the order and
statement laid before each House of
Parliament on any of the first fifteen days on
which that House is sitting after the order is
made.
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Commenceme
nt of order
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(4) An order made under subsection (1)
does not come into force earlier than thirty
days after a copy of the order has been sent to
the government of the province concerned
under subsection (3).
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Reimposition
of reductions
or
withholdings
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25.4 In the case of a continuing failure to
comply with section 25.1, any reduction or
withholding under section 25.3 of a cash
contribution to a province for a fiscal year
must be reimposed for each succeeding fiscal
year as long as the Minister is satisfied, after
consultation with the minister responsible for
social assistance in the province, that the
non-compliance is continuing.
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When
reduction or
withholding
imposed
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25.5 Any reduction or withholding under
section 25.3 or 25.4 of a cash contribution may
be imposed in the fiscal year in which the
non-compliance that gave rise to the reduction
or withholding occurred or in the following
fiscal year.
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Additional Withholding and Deduction |
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Definition of
``federal
payment''
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25.6 (1) In this section, ``federal payment'',
in respect of a province, means a payment by
Canada to the province under this or any other
Act of Parliament or any fiscal arrangement or
agreement between Canada and the province,
whether enacted or entered into before or after
the coming into force of this section.
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Additional
withholding
or reduction
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(2) If the Governor in Council makes an
order under subsection 15(1) of the Canada
Health Act or subsection 25.3(1) of this Act
directing, in respect of a fiscal year, the
withholding of an amount that, but for this
section, would exceed the amount that could
be withheld under that subsection, the
Governor in Council may, in that order, deem
any federal payment to the province to be,
despite any provision of the Act, arrangement
or agreement under which the federal
payment is made, a cash contribution to that
province for that fiscal year for the purpose of
a reduction by, or a withholding of, the excess
amount under either of those subsections,
under section 16 or 17 of the Canada Health
Act or under section 25.4 or 25.5 of this Act.
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Additional
deduction
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(3) If the amount to be deducted under
subsection 20(1) or (2) of the Canada Health
Act for a fiscal year exceeds the amount from
which it is to be deducted, the Governor in
Council may, by order, deem any federal
payment to the province to be, despite any
provision in the Act, arrangement or
agreement under which the federal payment is
made, a cash contribution to that province for
that fiscal year for the purpose of deducting
the excess amount under that subsection or
section 21 of that Act.
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