Bill C-24

53-54 ELIZABETH II

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CHAPTER 7

An Act to amend the Federal-Provincial Fiscal Arrangements Act and to make consequential amendments to other Acts (fiscal equalization payments to the provinces and funding to the territories)

[Assented to 10th March, 2005]

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

FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT

1. (1) Sections 3 to 4.3 of the Federal-Provincial Fiscal Arrangements Act are replaced by the following:

3. Subject to the provisions of this Act, the Minister may pay to a province for each fiscal year that begins after March 31, 2004 a fiscal equalization payment not exceeding the amounts set out in this Part.

4. (1) The fiscal equalization payment that may be paid to a province for the fiscal year beginning on April 1, 2004 is the amount computed in accordance with section 4 of this Act as it read on May 13, 2004 and subsection (4).

(2) The Minister may pay to a province an additional fiscal equalization payment for the fiscal year beginning on April 1, 2004 in the amount determined by the formula

(F - L) x (K/L)

where

F      is $10 billion;

K      is the amount of the fiscal equalization payment to the province under subsection (1); and

L      is the aggregate of the fiscal equalization payments to all provinces under subsection (1).

(3) The Minister may pay to a province an additional fiscal equalization payment for the fiscal year beginning on April 1, 2004 equal to the amount by which

(a) the aggregate of the fiscal equalization payments to the province for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2005 that were set out in the Minister’s interim estimate in February 2004

exceeds

(b) the aggregate of

(i) the fiscal equalization payments, as finally computed in accordance with subsection (4), payable to the province for the fiscal years in the period beginning on April 1, 2002 and ending on March 31, 2004,

(ii) the fiscal equalization payment payable to the province for the fiscal year beginning on April 1, 2001,

(iii) the fiscal equalization payment referred to in subsection (1), and

(iv) the additional fiscal equalization payment referred to in subsection (2).

(4) Notwithstanding section 8 and subsections 9(1) to (5) of the Federal-Provincial Fiscal Arrangements Regulations, 1999, the estimate that was made by the Minister on October 12, 2004 of a fiscal equalization payment payable to a province for each of the fiscal years in the period beginning on April 1, 2002 and ending on March 31, 2005 constitutes the final computation of the fiscal equalization payment payable to the province for each of those fiscal years.

(5) The Minister may pay the amounts referred to in subsections (2) and (3) out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate.

4.1 (1) The fiscal equalization payments to the provinces

(a) for the fiscal year beginning on April 1, 2005, shall equal $10.9 billion;

(b) for the fiscal year beginning on April 1, 2006, shall equal the product obtained by multiplying $10.9 billion by 1.035; and

(c) for each subsequent fiscal year, shall equal the product obtained by multiplying the fiscal equalization payment for the immediately preceding fiscal year by 1.035.

(2) The fiscal equalization payment referred to in paragraph (1)(a) shall be allocated to the provinces as follows:

(a) to Quebec, $4,798,070,000;

(b) to Nova Scotia, $1,343,527,000;

(c) to New Brunswick, $1,347,993,000;

(d) to Manitoba, $1,601,018,000;

(e) to British Columbia, $589,698,000;

(f) to Prince Edward Island, $276,563,000;

(g) to Saskatchewan, $82,172,000; and

(h) to Newfoundland and Labrador, $860,959,000.

(3) The fiscal equalization payments referred to in paragraphs (1)(b) and (c) shall be allocated to each province in the same proportion as the fiscal equalization payment referred to in paragraph (1)(a) is allocated under subsection (2).

(4) The Minister shall pay the fiscal equalization payment to the province in equal monthly instalments on the first and third working days after the 15th day of each month during the relevant fiscal year. For the purpose of this subsection, “working day” includes any day that is not a Saturday or a holiday.

4.2 (1) The Minister may, on the request of a province made in the prescribed manner on or before March 10, 2005, make a payment to the province for the fiscal year beginning on April 1, 2004 in an amount not greater than the amount by which

(a) the estimate, calculated by October 12, 2004, of the fiscal equalization payment referred to in subsection 4(1) for the province for the fiscal year beginning on April 1, 2004

is less than

(b) the estimate, calculated by October 12, 2004, of the average of the fiscal equalization payments for the province for the fiscal years in the period beginning on April 1, 1999 and ending on March 31, 2003.

(2) Where a province has received a payment under subsection (1), the Minister shall, in the prescribed amounts, reduce the fiscal equalization payments to the province for the fiscal years in the period beginning on April 1, 2006 and ending on March 31, 2016. If, on March 31, 2016, the total amount of that payment has not been recovered, the Minister may recover the amount remaining as a debt due to Her Majesty in right of Canada out of any sum of money that may be due or payable by Her Majesty in right of Canada to the province pursuant to this Act or any other Act of Parliament.

4.3 Notwithstanding subsections 4(1) to (3), the Minister may make an additional fiscal equalization payment in the fiscal year beginning on April 1, 2004

(a) to Quebec, in the amount of $69,640,666.74;

(b) to Nova Scotia, in the amount of $8,674,951.83;

(c) to New Brunswick, in the amount of $6,951,991.15;

(d) to Manitoba, in the amount of $10,813,779.78;

(e) to British Columbia, in the amount of $38,634,050.87;

(f) to Prince Edward Island, in the amount of $1,280,669.01;

(g) to Saskatchewan, in the amount of $9,196,695.51; and

(h) to Newfoundland and Labrador, in the amount of $4,807,195.11.

PART I.1

TERRITORIAL FINANCING

4.4 Subject to the provisions of this Part, the Minister may pay to a territory

(a) for each fiscal year in the period beginning on April 1, 2001 and ending on March 31, 2005, a Formula Financing Grant and a Supplemental Formula Financing Grant not exceeding the amounts calculated in accord­ance with sections 4.7 to 4.9; and

(b) for each fiscal year that begins after March 31, 2005, a territorial formula financing payment not exceeding the amount calculated in accordance with section 4.92.

Formula Financing Grant

4.5 (1) In this section and in sections 4.6 to 4.9, “Agreement” means

(a) in the case of Yukon, the Territorial Formula Financing Agreement made with the Government of Yukon in 1999, as extended to 2004-2005;

(b) in the case of the Northwest Territories, the Territorial Formula Financing Agreement made with the Government of the Northwest Territories in 1998, as extended to 2004-2005; and

(c) in the case of Nunavut, the Territorial Formula Financing Agreement made with the Government of Nunavut in 1998, as extended to 2004-2005.

(2) In sections 4.6 to 4.9, the definitions in the Agreement apply.

4.6 (1) Notwithstanding any provisions in the Agreement requiring the revision of estimates and payments of Formula Financing Grants, the amount of the Minister’s final calculation of the aggregate of the Formula Financing Grants payable to a territory under the Agreement for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004 shall be equal to the Formula Grant Estimate made between February 12 and March 31, 2005 in accordance with the Agreement.

(2) The Minister shall make the final calculation of the aggregate of the Formula Financing Grants on the basis of the most recent information provided by Statistics Canada or any other source to the Minister in relation to the matters set out in the Agreement.

4.7 For the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004, the Minister may adjust a territory’s Formula Financing Grant in accordance with the Annex to the Agreement entitled “Schedule and Amounts of Payments and Adjustments”, using the final calculation determined in accordance with section 4.6.

4.8 (1) Subject to subsection (2), for the fiscal year beginning on April 1, 2004, the Minister may pay a Formula Financing Grant

(a) to Yukon, in the amount of $465,707,930;

(b) to the Northwest Territories, in the amount of $678,442,202; and

(c) to Nunavut, in the amount of $755,849,868.

(2) The amount referred to in subsection (1) in respect of a territory shall be reduced by the amount of the Formula Financing Grant paid to the territory for the fiscal year beginning on April 1, 2004 pursuant to

(a) item 15 for the Department of Finance set forth in the Main Estimates for that fiscal year, as laid before the House of Commons during the thirty-seventh Parliament and as enacted by paragraph (2)(a) of Appropriation Act No. 1, 2004-2005, chapter 8 of the Statutes of Canada, 2004; and

(b) any item for the Department of Finance set forth in the supplementary estimates for that fiscal year, as laid before the House of Commons during the thirty-eighth Parliament and as enacted by any other appropriation Act.

4.9 In addition to the Formula Financing Grant referred to in section 4.8, the Minister may pay to a territory a Supplemental Formula Financing Grant equal to the amount by which

(a) the aggregate of

(i) the Minister’s calculation of the aggregate of the amounts of the Formula Financing Grants for the territory for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004, as set out in the Formula Grant Estimate made between February 12 and March 31, 2004 in accordance with the Agreement, and

(ii) the amount of the Grant Entitlement for the territory for the fiscal year beginning on April 1, 2004, as set out in Table A6.2 of the Budget Plan 2004 dated March 23, 2004,

exceeds

(b) the aggregate of

(i) the Minister’s calculation of the aggregate of the amounts of the Formula Financing Grants for the territory for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004, as calculated in accordance with the Agreement using the final calculation determined in accordance with section 4.6, and

(ii) the amount of the Formula Financing Grant referred to in subsection 4.8(1).

4.91 (1) Subject to subsection (2), the Minister may pay to a territory the amount of any underpayment determined pursuant to the adjustment under section 4.7, and the amounts payable under sections 4.8 and 4.9, out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate.

(2) Where it is determined in respect of a territory that the Minister has underpaid any amounts referred to in subsection (1), the Minister may pay the territory an amount equal to the underpayment out of the Consolidated Revenue Fund.

(3) Where it is determined pursuant to the adjustment under section 4.7 that the Minister has made an overpayment or where it is determined that an overpayment has been made in respect of any amounts paid under subsection (1) for a fiscal year, the Minister may recover the amount of that overpayment

(a) from any amount payable to the territory under this Act in the same fiscal year or as soon as possible after the end of that fiscal year; or

(b) from the territory as a debt due to Her Majesty in right of Canada.

Territorial Formula Financing Payment

4.92 (1) For the fiscal year beginning on April 1, 2005, the Minister may pay a territorial formula financing payment

(a) to Yukon, in the amount of $487,140,000;

(b) to the Northwest Territories, in the amount of $714,030,000; and

(c) to Nunavut, in the amount of $798,830,000.

(2) For each subsequent fiscal year, the amount of the territorial formula financing payments for all territories shall equal the product obtained by multiplying the aggregate of the territorial formula financing payments for all territories for the immediately preceding fiscal year by 1.035.

(3) The territorial formula financing payments referred to in subsection (2) shall be allocated to each territory in the same proportion as the territorial formula financing payments referred to in subsection (1) are allocated under that subsection.

(4) In April and May of each fiscal year beginning after March 31, 2005, the Minister shall pay to a territory a monthly instalment of the territorial formula financing payment equal to 16 per cent of the territory’s allocation of the aggregate territorial formula financing payment for that fiscal year. In each of the remaining ten months of the fiscal year, the Minister shall pay to the territory a monthly instalment of the territorial formula financing payment equal to 6.8 per cent of the territory’s allocation of the aggregate territorial formula financing payment under this section.

(5) The Governor in Council may make regulations to change the amount of the monthly instalments or the time at which they are paid.

4.93 (1) Any amount payable under section 4.92 shall be paid by the Minister out of the Consolidated Revenue Fund.

(2) Where it is determined that the Minister has underpaid any amounts payable to a territory under section 4.92, the Minister may pay to the territory an amount equal to the underpayment out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate.

(3) Where it is determined that the Minister has made an overpayment in respect of any amounts payable to a territory under section 4.92 for a fiscal year, the Minister may recover the amount of that overpayment

(a) from any amount payable to the territory under this Act in the same fiscal year or as soon as possible after the end of that fiscal year; or

(b) from the territory as a debt due to Her Majesty in right of Canada.

(2) Subsections 4.1(3) and 4.92(3) of the Act, as enacted by subsection (1), come into force on a day or days to be fixed by order of the Governor in Council.

2. (1) Paragraph 6(1)(b) of the Act is replaced by the following:

(b) the revenue subject to stabilization of the province for the fiscal year, adjusted in the prescribed manner to offset the amount, as determined by the Minister, of any change in the revenue subject to stabilization of the province for the fiscal year resulting from changes made by the province in the rates or in the structures of provincial taxes or other modes of raising the revenue of the province referred to in paragraphs (a) to (y) and (z.1) to (z.3) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, from the rates or structures in effect in the immediately preceding fiscal year.

(2) Paragraph 6(2)(a) of the Act is replaced by the following:

(a) the total revenues, as determined by the Minister, derived by the province for the fiscal year from the revenue sources described in the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, other than the revenue sources described in paragraphs (z) and (z.4) of that definition, and

(3) Subsection 6(3) of the Act is replaced by the following:

(3) For the purpose of determining pursuant to subsection (2) the revenue subject to stabilization of a province for a fiscal year, subsection 4(4) of the former legislation applies, with such modifications as the circumstances require, in determining the revenue derived by the province for the fiscal year from personal income taxes, described in paragraph (a) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, except that no deduction may be made in respect of the tax abatement units referred to in subsection 27(2).

(4) The portion of subsection 6(4) of the Act before paragraph (a) is replaced by the following:

(4) For the purposes of subsection (2), the revenue of a province for a fiscal year derived from the revenue source referred to in paragraph (a) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, shall be deemed to be

(5) The portion of subsection 6(5) of the Act before paragraph (a) is replaced by the following:

(5) For the purposes of subsection (2), the revenue of a province for a fiscal year derived from that part of the revenue source described in paragraph (b) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, that consists of corporation income taxes, shall be deemed to be

(6) Paragraph 6(6)(a) of the Act is replaced by the following:

(a) the total revenues, as determined by the Minister, derived by the province for the immediately preceding fiscal year from the revenue sources described in paragraphs (l) to (w) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, and the part of the revenue source described in paragraph (z.5) of that definition that relates to natural resources

(7) Section 6 of the Act is amended by adding the following after subsection (10):

(11) In this section, “former legislation” means this Act as it read on May 13, 2004.

3. (1) Subparagraphs 16(1)(b)(i) and (ii) of the Act are replaced by the following:

(i) the equalization payment referred to in subsection (1.1) that would be payable to the province for the fiscal year, and

(ii) the amount of equalization that would be paid to the province in respect of the federal income tax reduction in all the provinces in respect of the Canada Health and Social Transfer for the fiscal year, if the method of calculation of fiscal equalization payments as set out in Part I, excluding subsections 4(6) and (9) of this Act as it read on May 13, 2004, were to be applied to the value of the income tax reduction in all the provinces in respect of the Canada Health and Social Transfer for the fiscal year, except that

(A) for the purposes of the calculation under this subparagraph the relevant revenue bases are to be determined in the prescribed manner, and

(B) where subsection 4(6) or (9) of this Act as it read on May 13, 2004 applies in the determination of the fiscal equalization payment to the province for the fiscal year, the amount determined under this subparagraph is to be adjusted in the prescribed manner.

(2) Section 16 of the Act is amended by adding the following after subsection (1):

(1.1) For the purposes of subparagraph (1)(b)(i), for each fiscal year in the period beginning on April 1, 2001 and ending on March 31, 2004, the equalization payment shall be

(a) in the case of a province that receives an additional fiscal equalization payment under subsection 4(3), the estimate that was made by the Minister on February 23, 2004 in respect of the fiscal year in accordance with section 8 of the Federal-Provincial Fiscal Arrangements Regulations, 1999; and

(b) in the case of a province that does not receive an additional fiscal equalization payment under subsection 4(3), the final computation in respect of the fiscal year.

(1.2) Where the cash contribution in respect of the Canada Health and Social Transfer to a province for the fiscal year beginning on April 1, 2001 that was determined in accordance with the final computation made in September 2004 exceeds the cash contribution payable to the province under this Part for that fiscal year and calculated in accordance with subsection (1.1), the Minister may recover the amount of the excess from the province from any amount payable under this Act.

(1.3) Where the cash contribution in respect of the Canada Health and Social Transfer to a province for the fiscal year beginning on April 1, 2001 that was determined under this Part and calculated in accordance with subsection (1.1) exceeds the cash contribution payable to the province for that fiscal year that was determined in accordance with the final computation made in September 2004, the Minister may pay the excess amount to the province out of the Consolidated Revenue Fund at the time and in the manner that the Minister considers appropriate.

4. (1) Subparagraphs 24.7(1)(b)(i) and (ii) of the Act are replaced by the following:

(i) the equalization payment referred to in subsection (1.1) that would be payable to the province for the fiscal year, and

(ii) the amount of equalization that would be paid to the province in respect of the federal income tax reduction in all the provinces in respect of the Canada Health Transfer and the Canada Social Transfer for the fiscal year, if the method of calculation of fiscal equalization payments as set out in Part I, excluding subsection 4(6) of this Act as it read on May 13, 2004, were to be applied to the value of the income tax reduction in all the provinces in respect of the Canada Health Transfer and the Canada Social Transfer for the fiscal year, except that

(A) for the purposes of the calculation under this subparagraph, the relevant revenue bases are to be determined in the prescribed manner, and

(B) where subsection 4(6) of this Act as it read on May 13, 2004 applies in the determination of the fiscal equalization payment to the province for the fiscal year, the amount determined under this subparagraph is to be adjusted in the prescribed manner.

(2) Section 24.7 of the Act is amended by adding the following after subsection (1):

(1.1) For the purposes of subparagraph (1)(b)(i),

(a) for each fiscal year beginning after March 31, 2005, the equalization payment shall be the equalization payment that would be payable to the province for the fiscal year under Part I; and

(b) for the fiscal year beginning on April 1, 2004, the equalization payment shall be

(i) in the case of a province that receives an additional fiscal equalization payment under subsection 4(3), the estimate that was made by the Minister on February 23, 2004 in respect of the fiscal year in accordance with section 8 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, and

(ii) in the case of a province that does not receive an additional fiscal equalization payment under subsection 4(3), the final computation in respect of the fiscal year.

5. Paragraph 40(a) of the Act is repealed.

6. Section 41 of the Act is replaced by the following:

41. The amounts authorized to be paid by Part I and by sections 5 and 9 shall be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed.

CONSEQUENTIAL AMENDMENTS

Appropriation Act No. 1, 2004-2005

7. (1) Section 4 of the Appropriation Act No. 1, 2004-2005 is amended by adding the following after subsection (2):

(3) This section does not apply to the Formula Financing Grants for the fiscal year ending March 31, 2005 set out in item 15 for the Department of Finance in the Estimates referred to in section 2.

(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

Budget Implementation Act, 2004

8. (1) Subsections 8(1) to (3) of the Budget Implementation Act, 2004 are replaced by the following:

8. (1) For the fiscal year beginning on April 1, 2004, the Minister of Finance may make a cash payment to the Province of Nova Scotia in an amount equal to the aggregate of twenty-one million dollars and an amount equal to 20 per cent of the Province’s offshore minerals revenue for that fiscal year included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection 4(2) of the former legislation and subparagraph 5(1)(z.5)(ii) of the Federal-Provincial Fiscal Arrangements Regulations, 1999.

(2) For the fiscal year beginning on April 1, 2005, the Minister of Finance may make a cash payment to the Province of Nova Scotia in an amount equal to 10 per cent of the Province’s offshore minerals revenue for that fiscal year included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection 4(2) of the former legislation and subparagraph 5(1)(z.5)(ii) of the Federal-Provincial Fiscal Arrangements Regulations, 1999.

(3) The offshore minerals revenue of the Province of Nova Scotia for each of the fiscal years referred to in subsections (1) and (2) shall be determined by the Minister of Finance after the end of that fiscal year at the time of the final computation of the amount, if any, of the fiscal equalization payment that is payable to the Province for that fiscal year under Part I of the former legislation.

(2) Section 8 of the Act is amended by adding the following after subsection (4):

(5) In subsections (1) to (3), “former legislation” means the Federal-Provincial Fiscal Arrangements Act as it read on May 13, 2004.