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Bill C-28

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51-52 ELIZABETH II

CHAPTER 15

An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003

[Assented to 19th June, 2003]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Budget Implementation Act, 2003.

PART 1

DIAGNOSTIC AND MEDICAL EQUIPMENT

Payments to trust - equipment and training

2. (1) The Minister of Finance may make direct payments, in an aggregate amount of not more than $1.5 billion, to a trust established to provide the provinces with funding for the purposes of acquiring diagnostic and medical equipment and related specialized staff training in order to improve access to publicly funded diagnostic and treatment services.

Provincial share

(2) The amount that may be provided to a province under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1).

Payments out of C.R.F.

(3) Any amount payable under this section may be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate.

PART 2

R.S., c. F-8; 1995, c. 17, s. 45(1)

AMENDMENTS TO THE FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT

2001, c. 19, s. 1

3. Paragraph 4(9)(a) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

(a) the total amount of the fiscal equalization payments to all provinces as determined under this Part for any fiscal year in the period beginning on April 1, 2000 and ending on March 31, 2002

2000, c. 35, s. 5(2)

3.1 Subsection 13(4) of the Act is replaced by the following:

Definition of ``social programs''

(4) In this section, ``social programs'' includes programs in respect of health, post-secondary education, social assistance and social services, including early childhood development, and early learning and child care services.

2000, c. 35, s. 6

4. (1) Paragraph 14(f) of the Act is repealed.

2000, c. 35, s. 6

(2) Paragraph 14(g) of the Act is amended by adding the word ``and'' at the end of subparagraph (ii) and by replacing subparagraphs (iii) to (v) with the following:

      (iii) $4.325 billion for the fiscal year beginning on April 1, 2003; and

(3) Section 14 of the Act is amended by adding the following after paragraph (g):

    (h) a cash contribution of $2.5 billion to be paid to the trust referred to in section 16.3.

5. Section 15 of the Act is amended by adding the following after subsection (5):

Provincial share of cash contribution established under paragraph 14(h)

(6) The portion of the cash contribution established under paragraph 14(h) that may be provided to a province is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in section 16.3.

1999, c. 31, s. 238

6. (1) The portion of paragraph 16(2)(a) of the French version of the Act after subparagraph (iii) is replaced by the following;

    égal au produit obtenu en multipliant par 13,5/(100-9,143) l'« impôt qu'il est par ailleurs tenu de payer en vertu de la présente partie », au sens du paragraphe 120(4) de la Loi de l'impôt sur le revenu, sur ces revenus;

1999, c. 31, s. 238

(2) The portion of paragraph 16(2)(b) of the French version of the Act after subparagraph (iii) is replaced by the following;

    égal au produit obtenu en multipliant par 13,5/(100-9,143) l'« impôt qu'il est par ailleurs tenu de payer en vertu de la présente partie », au sens du paragraphe 120(4) de la Loi de l'impôt sur le revenu, sur ces revenus;

7. The Act is amended by adding the following after section 16.2:

Payments to trust - Canada Health and Social Transfer supplement

16.3 The Minister may make direct payments, in an aggregate amount of not more than $2.5 billion, to a trust established to provide the provinces with funding for the purposes of relieving existing pressures in the health care system.

8. The Act is amended by adding the following after section 23.2:

PART V.1

CANADA HEALTH TRANSFER, CANADA SOCIAL TRANSFER AND HEALTH REFORM TRANSFER

Canada Health Transfer

Purposes

24. Subject to this Part and for the purpose of giving effect to the 2003 First Ministers' Accord on Health Care Renewal, a Canada Health Transfer in the amounts referred to in subsection 24.1(1) is to be provided to the provinces for the purposes of

    (a) maintaining the national criteria and conditions in the Canada Health Act, including those respecting public administration, comprehensiveness, universality, portability and accessibility, and the provisions relating to extra-billing and user charges; and

    (b) contributing to providing the best possible health care system for Canadians and to making information about the health care system available to Canadians.

Amount

24.1 (1) The Canada Health Transfer is to consist of

    (a) a cash contribution of

      (i) $12.65 billion for the fiscal year beginning on April 1, 2004,

      (ii) $13 billion for the fiscal year beginning on April 1, 2005,

      (iii) $13.4 billion for the fiscal year beginning on April 1, 2006, and

      (iv) $13.75 billion for the fiscal year beginning on April 1, 2007; and

    (b) the portion of the total equalized tax transfer for all provinces that is determined by multiplying the total equalized tax transfer for all provinces by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph (a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs (a)(i) and 24.4(1)(a)(i).

Meaning of ``total equalized tax transfer''

(2) In subsection (1), ``total equalized tax transfer'' means the total equalized tax transfer as determined in accordance with subsection 24.7(1).

Provincial share

24.2 The cash contribution established under paragraph 24.1(1)(a) that may be provided to a province for each of the fiscal years mentioned in that paragraph is the amount determined by the formula

F x (K/L) - M

where

F is the total of the amounts established under paragraphs 24.1(1)(a) and (b) for the fiscal year;

K is the population of the province for the fiscal year;

L is the total of the population of all provinces for the fiscal year; and

M is the amount obtained by multiplying the total equalized tax transfer for the province as determined in accordance with subsection 24.7(1) by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph 24.1(1)(a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs 24.1(1)(a)(i) and 24.4(1)(a)(i).

Canada Social Transfer

Purposes

24.3 (1) Subject to this Part, a Canada Social Transfer in the amounts referred to in subsection 24.4(1) is to be provided to the provinces for the purposes of

    (a) financing social programs in a manner that provides provincial flexibility;

    (b) maintaining the national standard, set out in subsection 25.1(1), that no period of minimum residency be required or allowed with respect to social assistance; and

    (c) promoting any shared principles and objectives that are developed under subsection (2) with respect to the operation of social programs.

Discussion with provinces

(2) The Minister of Human Resources Development shall invite representatives of all the provinces to consult and work together to develop, through mutual consent, a set of shared principles and objectives for social programs that could underlie the Canada Social Transfer.

Definition of ``social programs''

(3) In this section, ``social programs'' includes programs in respect of post-secondary education, social assistance and social services, including early childhood development, and early learning and child care services.

Amount

24.4 (1) The Canada Social Transfer is to consist of

    (a) a cash contribution of

      (i) $7.75 billion for the fiscal year beginning on April 1, 2004,

      (ii) $75 million for the fiscal year beginning on April 1, 2004,

      (iii) $8.15 billion for the fiscal year beginning on April 1, 2005,

      (iv) $8.5 billion for the fiscal year beginning on April 1, 2006, and

      (v) $8.8 billion for the fiscal year beginning on April 1, 2007; and

    (b) the portion of the total equalized tax transfer for all provinces that is determined by multiplying the total equalized tax transfer for all provinces by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph (a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs (a)(i) and 24.1(1)(a)(i).

Meaning of ``total equalized tax transfer''

(2) In subsection (1), ``total equalized tax transfer'' means the total equalized tax transfer as determined in accordance with subsection 24.7(1).

Provincial share

24.5 The cash contribution established under paragraph 24.4(1)(a) that may be provided to a province for each of the fiscal years mentioned in that paragraph is the amount determined by the formula

F x (K/L) - M

where

F is the total of the amounts established under paragraphs 24.4(1)(a) and (b) for the fiscal year;

K is the population of the province for the fiscal year;

L is the total of the population of all provinces for the fiscal year; and

M is the amount obtained by multiplying the total equalized tax transfer for the province as determined in accordance with subsection 24.7(1) by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph 24.4(1)(a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs 24.1(1)(a)(i) and 24.4(1)(a)(i).