Bill C-373

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First Reading

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	2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-373
	An Act to amend the Federal-Provincial Fiscal Arrangements Act (provincial legislation contravening the Canadian Charter of Rights and Freedoms)
R.S. c. F-8; R.S., cc. 22, 39, 44 (1st Supp.), cc. 7, 15, 26, 28 (2nd Supp.), cc. 9, 11, 31 (3rd Supp.), cc. 7, 33, 35, 46, (4th Supp.); 1990, c. 39; 1991, cc. 9, 10, 38, 51; 1992, cc. 1, 10; 1993, c. 34; 1994, c. 2; 1995, cc. 17, 24, 28, 29; 1996, cc. 8, 11, 18	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Subsection 19(1) of the Federal-Provincial Fiscal Arrangements Act* is replaced by the following:**
Criteria for eligibility	19. (1) In order that a province may qualify for a full cash contribution referred to in section 14 for a fiscal year, the laws of the province must not
	(a) require or allow a period of residence in the province or Canada to be set as a condition of eligibility for social assistance or for the receipt or continued receipt thereof;
	(b) make or allow the amount, form or manner of social assistance to be contingent upon a period of such residence; or
	(c) have been declared unconstitutional by the Supreme Court of Canada during the last fiscal year on the grounds that they infringe the rights and freedoms guaranteed to the French linguistic minority of the province by subsection 16(2), section 16.1, subsections 17(2) or 18(2), section 19, subsection 20(2) or section 23 of the Canadian Charter of Rights and Freedoms.
	2. (1) Subsections 21(1) and (2) of the Act are replaced by the following:
Order reducing or withholding contribution	21. (1) Where, on the referral of a matter under section 20, the Governor in Council is of the opinion that the province does not or has ceased to comply with paragraph 19(1)(a) or (b) , the Governor in Council may, by order,
	(a) direct that any cash contribution to that province for a fiscal year be reduced, in respect of each non-compliance, by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the non-compliance; or
	(b) where the Governor in Council considers it appropriate, direct that the whole of any cash contribution to that province for a fiscal year be withheld.
Order reducing and paying contribution	(1.1) Where, on the referral of a matter under section 20, the Governor in Council is of the opinion that the province does not or has ceased to comply with paragraph 19(1)(c), the Governor in Council shall, by order, direct that any cash contribution to that province for a fiscal year be reduced by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the non-compliance, and that the amount be paid to institutions or agencies in the province that, in the opinion of the Minister, are dedicated to the protection or promotion of the use of French in the province or that will be able to offer social programs in French for all or part of the French linguistic minority in the province.
Amending orders	(2) The Governor in Council may, by order, repeal or amend any order made under subsection (1) or (1.1) where the Governor in Council is of the opinion that the repeal or amendment is warranted in the circumstances.
	(2) Subsection 21(4) of the Act is replaced by the following:
Commence- ment of order	(4) An order made under subsection (1) or (1.1) shall 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).
	3. The Act is amended by adding the following after section 23.1:
Report by Minister	23.2 The Minister shall prepare a report on the operation of paragraph 19(1)(c), subsection 21(1.1) and the provisions of this Act that concern that paragraph and subsection and shall cause it to be laid before each House of Parliament not later than the thirtieth sitting day of that House after the 31st day of January of each year.
Permanent review by a parliamen- tary committee	23.3 (1) The operation of paragraph 19(1)(c), subsection 21(1.1) and the provisions of this Act that concern that paragraph and subsection shall be reviewed on a permanent basis by such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established by Parliament for that purpose.
Report	(2) One year after this section comes into force, and every two years thereafter, the committee referred to in subsection (1) shall undertake a comprehensive review of the provisions referred to in that subsection and their operation and shall, within a reasonable period thereafter, cause to be laid before each House of Parliament a report thereon.

Bill C-373

BILL C-373