;

Bill C-52

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First Session, Thirty-ninth Parliament,

55-56 Elizabeth II, 2006-2007

STATUTES OF CANADA 2007
CHAPTER 29

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007

ASSENTED TO

22nd JUNE, 2007

BILL C-52

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007”.

SUMMARY

Part 1 implements income tax measures proposed or referenced in Budget 2007 to

(a) introduce a tax on distributions from certain publicly traded income trusts and limited partnerships, effective beginning with the 2007 taxation year;

(b) reduce the general corporate income tax rate by one half of a percentage point, effective January 1, 2011;

(d) permit income splitting for pensioners, effective beginning in 2007;

(e) introduce a new child tax credit of $2,000 multiplied by the appropriate percentage for a taxation year, effective beginning in 2007;

(f) increase the spousal and other amounts to equal the basic personal amount, effective beginning in 2007;

(g) increase the age limit for maturing registered retirement savings plans, registered pension plans and deferred profit sharing plans to 71 years of age, effective beginning in 2007;

(h) expand the types of investments eligible for registered retirement savings plans and other deferred income plans, effective March 19, 2007; and

(i) increase the contribution limits for registered education savings plans and expand eligible payments for part-time studies, effective beginning in 2007.

Part 1 also amends the Canada Education Savings Act to increase the maximum annual grant payable on contributions made to a registered education savings plan after 2006.

Part 2 amends the Excise Tax Act to clarify the legislative authority that allows the Canada Revenue Agency to pay refunds of excise tax directly to end-users, where fuel subject to excise has been used in tax-exempt circumstances. It also amends that Act to repeal the excise tax on heavy vehicles and to implement the Green Levy on vehicles with fuel consumption of 13 litres or more per 100 kilometres. It also provides an authority for the Canada Revenue Agency to pay a refund of the Green Levy for vans equipped for wheelchair access.

Part 3 implements goods and services tax/harmonized sales tax (GST/HST) measures proposed or referenced in Budget 2007. It amends the Excise Tax Act to exempt midwifery services from the GST/HST and to zero-rate certain supplies of intangible personal property made to non-GST/HST registered non-residents. It also amends that Act to repeal the GST/HST Visitor Rebate Program and to implement a new Foreign Convention and Tour Incentive Program, which provides rebates of tax in respect of certain property and services used in the course of conventions held in Canada and the accommodation portion of tour packages for non-residents, and establishes new information requirements in the case where rebates are credited by the vendor.

Part 4 implements other measures relating to taxation. It amends the Customs Tariff to increase the duty-free exemption for returning Canadian residents, from $200 to $400, for absences from Canada of not less than 48 hours. It amends the Federal-Provincial Fiscal Arrangements Act to clarify that when a federal corporation listed in Schedule I to that Act pays provincial taxes or fees, wholly-owned subsidiaries of that corporation also pay provincial taxes or fees. It also authorizes the Minister of Finance to make payments totaling $400 million out of the Consolidated Revenue Fund to the Province of Ontario to assist the province in the transition to a single corporate tax administration. This last measure is consequential to the October 6, 2006 Canada-Ontario Memorandum of Agreement Concerning a Single Administration of Ontario Corporate Tax.

Part 5 enacts the Tax-back Guarantee Act, which legislates the Government’s commitment to dedicate all effective interest savings from federal debt reduction each year to ongoing personal income tax reductions. That Part also commits the Minister of Finance to report publicly at least once a year on personal income tax relief provided under the Guarantee to Canadians.

Part 6 amends the Federal-Provincial Fiscal Arrangements Act to set out the amounts of the fiscal equalization payments to the provinces and the territorial formula financing payments to the territories for the fiscal year beginning on April 1, 2007 and to provide for the method by which those amounts will be calculated for subsequent fiscal years. It also authorizes certain deductions from those amounts that would otherwise be payable under that Act. In addition, it makes consequential amendments to other Acts.

Part 6 also amends that Act to provide increased funding for the Canada Social Transfer beginning on April 1, 2007, and to provide for the method by which the Canada Social Transfer and the Canada Health Transfer amounts will be calculated for subsequent fiscal years, including per capita cash allocations. It also provides for transition protection.

Part 7 amends the Financial Administration Act to modernize Crown borrowing authorities.

Part 8 amends the Canada Mortgage and Housing Corporation Act to permit the Minister of Finance to lend money to the Canada Mortgage and Housing Corporation.

Part 9 amends the Bankruptcy and Insolvency Act, the Canada Deposit Insurance Corporation Act, the Companies’ Creditors Arrangement Act, the Payment Clearing and Settlement Act and the Winding-up and Restructuring Act to allow the Governor in Council to prescribe the meaning of “eligible financial contract”. Those Acts are also amended to provide that, after an insolvency event occurs, a party to an eligible financial contract can deal with supporting collateral in accordance with the terms of the contract despite any stay of proceedings or court order to the contrary. This Part also includes amendments to the Bankruptcy and Insolvency Act and the Winding-up and Restructuring Act to provide that collateral transactions executed in accordance with the terms of an eligible financial contract are not void only because they occurred in the prescribed pre-insolvency or winding-up period.

Part 10 authorizes payments to provinces and territories.

Part 11 authorizes payments to certain entities.

Part 12 extends the sunset provisions of financial institutions statutes by six months from April 24, 2007 to October 24, 2007.

Part 13 amends the Department of Public Works and Government Services Act to provide the Minister of Public Works and Government Services with the power to authorize another minister, to whom he or she has delegated powers under that Act, to subdelegate those powers to the chief executive of the relevant department. That Act is also amended with respect to the application of section 9 to certain departments.

Part 14 amends the Financial Consumer Agency of Canada Act to allow the Minister of Finance to provide funding to the Agency for activities related to financial education.

Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

TABLE OF PROVISIONS

AN ACT TO IMPLEMENT CERTAIN PROVISIONS OF THE BUDGET TABLED IN PARLIAMENT ON MARCH 19, 2007

SHORT TITLE

1. Budget Implementation Act, 2007

PART 1

AMENDMENTS RELATED TO INCOME TAX

Income Tax Act

2-29. Amendments

Income Tax Regulations

30-36. Amendments

Canada Education Savings Act

37. Amendments

Canada Education Savings Regulations

38. Amendments

Coordinating Amendments

39-42. Bill C-33

PART 2

AMENDMENTS TO THE EXCISE TAX ACT (OTHER THAN WITH RESPECT TO THE GOODS AND SERVICES TAX/HARMONIZED SALES TAX)

43-44. Amendments

PART 3

AMENDMENTS IN RESPECT OF THE GOODS AND SERVICES TAX/HARMONIZED SALES TAX

Excise Tax Act

45-52. Amendments

Coordinating Amendments

53. Bill C-40

PART 4

OTHER MEASURES RELATING TO TAXATION

Customs Tariff

54. Amendments

Federal-Provincial Fiscal Arrangements Act

55-56. Amendments

57. Coming into force

Payments to Ontario

58. Payment of $250,000,000

59. Payment of $150,000,000

PART 5

TAX-BACK GUARANTEE ACT

60. Enactment of Act

1. Tax-back Guarantee Act

2. Direction to provide personal tax relief

3. Meaning of “federal debt”

4. Imputed interest savings

5. Effective interest rate

6. Public announcement

PART 6

FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT

Federal-Provincial Fiscal Arrangements Act

61-74. Amendments

Transitional Provisions

75. Amounts paid before coming into force (Part I)

76. Amounts paid before coming into force (Part I.1)

77. Amounts paid before coming into force (Part V.1)

Consequential Amendments

78-80. Canada-Newfoundland Atlantic Accord Implementation Act

81-82. Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act

83. Transitional Provisions

Coming into Force

84. Newfoundland and Labrador and Nova Scotia

PART 7

AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT

Financial Administration Act

85-88. Amendments

Coming into Force

89. Order in council

PART 8

AMENDMENTS TO THE CANADA MORTGAGE AND HOUSING CORPORATION ACT

90. Amendments

PART 9

AMENDMENTS RELATING TO ELIGIBLE FINANCIAL CONTRACTS

Bankruptcy and Insolvency Act

91-102. Amendments

Canada Deposit Insurance Corporation Act

103. Amendments

Companies’ Creditors Arrangement Act

104-109. Amendments

Payment Clearing and Settlement Act

110-112. Amendments

Winding-up and Restructuring Act

113-116. Amendments

Transitional Provisions

117. Bankruptcy and Insolvency Act

118. Canada Deposit Insurance Corporation Act

119. Companies’ Creditors Arrangement Act

120. Payment Clearing and Settlement Act

121. Winding Up and Restructuring Act

Coordinating Amendments

122. An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act and to make consequential amendments to other Acts

Coming into Force

123. Order in council

PART 10

PAYMENTS TO PROVINCES AND TERRITORIES

Payment to British Columbia

124. Maximum payment of $30,000,000

Clean Air and Climate Change Trust Fund

125. Maximum payment of $1,519,000,000

Transitional Payments

126. Payment of $614,100,000

Human Papillomavirus Immunization

127. Maximum payment of $300,000,000

Patient Wait Times Guarantee

128. Maximum payment of $612,000,000

Child Care Spaces

129. Maximum payment of $250,000,000

Payment to Yukon

130. Payment of $3,500,000

Payment to Northwest Territories

131. Payment of $54,400,000

PART 11

PAYMENTS TO CERTAIN ENTITIES

Nature Conservancy of Canada

132. Maximum payment of $225,000,000

Canada Health Infoway Inc.

133. Maximum payment of $400,000,000

CANARIE Inc.

134. Maximum payment of $96,000,000

Genome Canada

135. Maximum payment of $100,000,000

Aid to Afghanistan

136. Afghanistan Reconstruction Trust Fund — $90,000,000

137. UN Mine Action Service — $20,000,000

138. UN Office on Drugs and Crime — $13,000,000

139. Counter Narcotics Trust Fund — $2,000,000

140. Law and Order Trust Fund for Afghanistan — $10,000,000

Rick Hansen Man in Motion Foundation

141. Maximum payment of $30,000,000

The Perimeter Institute for Theoretical Physics

142. Maximum payment of $50,000,000

Canada Foundation for Sustainable Development Technology

143. Maximum payment of $200,000,000

PART 12

AMENDMENTS RELATING TO FINANCIAL INSTITUTIONS

Bank Act

144-145. Amendments

Cooperative Credit Associations Act

146. Amendment

Insurance Companies Act

147-148. Amendments

Trust and Loan Companies Act

149. Amendment

Coordinating Amendments

150. Bill C-37

PART 13

AMENDMENTS TO THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES ACT

151-153. Amendments

PART 14

AMENDMENT TO THE FINANCIAL CONSUMER AGENCY OF CANADA ACT

154. Amendment

55-56 ELIZABETH II

——————

CHAPTER 29

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007

[Assented to 22nd June, 2007]

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, 2007.

PART 1

AMENDMENTS RELATED TO INCOME TAX

R.S., c. 1 (5th Supp.)

Income Tax Act

2. (1) Subparagraph 53(2)(h)(i.1) of the Income Tax Act is amended by striking out the word “or” at the end of clause (A) and by adding the following after that clause:

(A.1) that was deemed by subsection 104(16) to be a dividend received by the taxpayer, or

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

3. (1) Subsection 56(1) of the Act is amended by adding the following after paragraph (a.1):

Pension income reallocation

(a.2) where the taxpayer is a pension transferee (as defined in subsection 60.03(1)), any amount that is a split-pension amount (as defined in that subsection) in respect of the pension transferee for the taxation year;

(2) Subsection (1) applies to the 2007 and subsequent taxation years.

4. (1) Section 60 of the Act is amended by adding the following after paragraph (b):

Pension income reallocation

(c) where the taxpayer is a pensioner (as defined in subsection 60.03(1)), any amount that is a split-pension amount (as defined in that subsection) in respect of the pensioner for the taxation year;

(2) Subsection (1) applies to the 2007 and subsequent taxation years.

5. (1) The Act is amended by adding the following after section 60.02:

Definitions

60.03 (1) The following definitions apply in this section.

“eligible pension income”
« revenu de pension déterminé »

“eligible pension income” has the same meaning as in subsection 118(7).

“joint election”
« choix conjoint »

“joint election” in respect of a pensioner and a pension transferee for a taxation year means an election made jointly in prescribed form by the pensioner and the pension transferee and filed with the Minister with both the pensioner’s and the pension transferee’s returns of income for the taxation year in respect of which the election is made, on or before their respective filing-due dates for the taxation year.

“pensioner”
« pensionné »

“pensioner” for a taxation year means an individual who

(a) receives eligible pension income in the taxation year; and

(b) is resident in Canada,

(i) if the individual dies in the taxation year, at the time that is immediately before the individual’s death, or

(ii) in any other case, at the end of the calendar year in which the taxation year ends.

“pension income”
« revenu de pension »

“pension income” has the meaning assigned by section 118.

“pension transferee”
« cessionnaire »

“pension transferee” for a taxation year means an individual who

(a) is resident in Canada,

(i) if the individual dies in the taxation year, at the time that is immediately before the individual’s death, or

(ii) in any other case, at the end of the calendar year in which the taxation year ends; and

(b) at any time in the taxation year is married to, or in a common-law partnership with, a pensioner and is not, by reason of the breakdown of their marriage or common-law partnership, living separate and apart from the pensioner at the end of the taxation year and for a period of at least 90 days commencing in the taxation year.

“qualified pension income”
« revenu de pension admissible »

“qualified pension income” has the meaning assigned by section 118.

“split-pension amount”
« montant de pension fractionné »

“split-pension amount” for a taxation year is the amount elected by a pensioner and a pension transferee in a joint election for the taxation year not exceeding the amount determined by the formula

0.5A × B/C

where

A is the eligible pension income of the pensioner for the taxation year;

B is the number of months in the pensioner’s taxation year at any time during which the pensioner was married to, or was in a common-law partnership with, the pension transferee; and

C is the number of months in the pensioner’s taxation year.

Effect of pension income split

(2) For the purpose of subsection 118(3), if a pensioner and a pension transferee have made a joint election in a taxation year,

(a) the pensioner is deemed not to have received the portion of the pensioner’s pension income or qualified pension income, as the case may be, for the taxation year that is equal to the amount of the pensioner’s split-pension amount for that taxation year; and

(b) the pension transferee is deemed to have received the split-pension amount

(i) as pension income, to the extent that the split-pension amount was pension income to the pensioner, and

(ii) as qualified pension income, to the extent that the split-pension amount was qualified pension income to the pensioner.

Limitation

(3) A pensioner may file only one joint election for a particular taxation year.

False declaration

(4) A joint election is invalid if the Minister establishes that a pensioner or a pension transferee has knowingly or under circumstances amounting to gross negligence made a false declaration in the joint election.

(2) Subsection (1) applies to the 2007 and subsequent taxation years.

6. (1) The definition “eligible dividend” in subsection 89(1) of the Act is replaced by the following:

“eligible dividend”
« dividende déterminé »

“eligible dividend” means

(a) a taxable dividend that is received by a person resident in Canada, paid after 2005 by a corporation resident in Canada and designated, as provided under subsection (14), to be an eligible dividend, and

(b) in respect of a person resident in Canada, an amount that is deemed by subsection 96(1.11) or 104(16) to be a taxable dividend that is received by the person;

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

7. (1) Section 96 of the Act is amended by adding the following after subsection (1.1):

Deemed dividend of SIFT partnership

(1.11) If a SIFT partnership is liable to tax for a taxation year under Part IX.1,

(a) paragraph (1)(f) is to be read as if the expression “the amount of the income of the partnership for a taxation year from any source or from sources in a particular place” were read as “the amount, if any, by which the income of the partnership for a taxation year from any source or from sources in a particular place exceeds, in respect of each such source, the portion of the partnership’s taxable non-portfolio earnings for the taxation year that is applicable to that source”; and

(b) the partnership is deemed to have received a dividend in the taxation year from a taxable Canadian corporation equal to the amount by which the partnership’s taxable non-portfolio earnings for the taxation year exceeds the tax payable by the partnership for the taxation year under Part IX.1.

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

8. (1) The portion of subparagraph 104(6)(b)(i) of the Act before clause (A) is replaced by the following:

(i) such part (in this section referred to as the trust’s “adjusted distributions amount” for the taxation year) of the amount that, but for

(2) Paragraph 104(6)(b) of the Act is amended by striking out the word “and” at the end of subparagraph (ii.1), by adding the word “and” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

(iv) where the trust is a SIFT trust for the taxation year, the amount, if any, by which

(A) its adjusted distributions amount for the taxation year

exceeds

(B) the amount, if any, by which

(I) the amount that would, if this Act were read without reference to this subsection, be its income for the taxation year

exceeds

(II) its non-portfolio earnings for the taxation year.

(3) Section 104 of the Act is amended by adding the following after subsection (15):

SIFT deemed dividend

(16) If an amount (in this subsection and section 122 referred to as the trust’s “non-deductible distributions amount” for the taxation year) is determined under subparagraph (6)(b)(iv) in respect of a SIFT trust for a taxation year

(a) each beneficiary under the SIFT trust to whom at any time in the taxation year an amount became payable by the trust is deemed to have received at that time a taxable dividend that was paid at that time by a taxable Canadian corporation;

(b) the amount of a dividend described in paragraph (a) as having been received by a beneficiary at any time in a taxation year is equal to the amount determined by the formula

A/B × C

where

A is the amount that became payable at that time by the SIFT trust to the beneficiary,

B is the total of all amounts, each of which became payable in the taxation year by the SIFT trust to a beneficiary under the SIFT trust, and

C is the SIFT trust’s non-deductible distributions amount for the taxation year;

(c) the amount of a dividend described in paragraph (a) in respect of a beneficiary under the SIFT trust is deemed for the purpose of subsection (13) not to be an amount payable to the beneficiary; and

(d) for the purposes of applying Part XIII in respect of each dividend described in paragraph (a), the SIFT trust is deemed to be a corporation resident in Canada that paid the dividend.

(4) Subsection 104(24) of the Act is replaced by the following:

Amount payable

(24) For the purposes of subsections (6), (7), (13), (16) and (20) and subparagraph 53(2)(h)(i.1), an amount is deemed not to have become payable to a beneficiary in a taxation year unless it was paid in the year to the beneficiary or the beneficiary was entitled in the year to enforce payment of it.

(5) Subsections (1) to (4) are deemed to have come into force on October 31, 2006.

9. (1) Paragraph (a) of the description of B in subsection 118(1) of the Act is replaced by the following:

Married or common-law partnership status

(a) in the case of an individual who at any time in the year is a married person or a person who is in a common-law partnership who supports the individual’s spouse or common-law partner and is not living separate and apart from the spouse or common-law partner by reason of a breakdown of their marriage or common-law partnership, an amount equal to the total of

(i) $7,131, and

(ii) the amount determined by the formula

$6,055 - C

where

C is the income of the individual’s spouse or common-law partner for the year or, where the individual and the individ-ual’s spouse or common-law partner are living separate and apart at the end of the year because of a breakdown of their marriage or common-law partnership, the spouse’s income for the year while married to, or in a common-law partnership with, the individual and not so separated,

(2) The portion of paragraph 118(1)(b) of the French version of the Act before subparagraph (i) is replaced by the following:

Crédit équivalent pour personne entièrement à charge

b) le total de 7 131 $ et de la somme obtenue par la formule suivante :

6 055 $ - D

où :

D représente le revenu d’une personne à charge pour l’année,

si le particulier ne demande pas de déduction pour l’année par l’effet de l’alinéa a) et si, à un moment de l’année :

(3) Subparagraph (b)(iv) of the description of B in subsection 118(1) of the English version of the Act is replaced by the following:

(iv) the amount determined by the formula

$6,055 - D

where

D is the dependent person’s income for the year,

(4) The description of B in subsection 118(1) of the Act is amended by adding the following after paragraph (b):

Child amount

(b.1) where

(i) a child of the individual ordinarily resides throughout the taxation year with the individual together with another parent of the child, $2,000 for each such child who is under the age of 18 years at the end of the taxation year, or

(ii) except where subparagraph (i) applies, the individual may deduct an amount under paragraph (b) in respect of the individual’s child who is under the age of 18 years at the end of the taxation year, or could deduct such an amount in respect of that child if paragraph 118(4)(a) did not apply to the individual for the taxation year, $2,000 for each such child,

(5) The formula in subsection 118(2) of the Act is replaced by the following:

A × ($5,066 - B)

(6) The description of B in subsection 118(3) of the Act is replaced by the following:

B is the lesser of $2,000 and the eligible pension income of the individual for the taxation year.

(7) Paragraphs 118(3.2)(c) to (e) of the Act are replaced by the following:

(d) for the 2008 taxation year, to be replaced by the amount that is the total of $200 and the amount that would be determined for that description for that taxation year in respect of the particular amount by applying section 117.1 (without reference to subsection 117.1(3)) to the amount determined under paragraph (c);

(e) for the 2009 taxation year, to be replaced by the amount that is the greater of

(i) the total of $600 and the amount that would be determined for that description for that taxation year in respect of the particular amount by applying section 117.1 (without reference to subsection 117.1(3)) to the amount determined under paragraph (d), and

(ii) $10,000; and

(8) Subsection 118(3.3) of the Act is repealed.

(9) Paragraph 118(4)(b) of the Act is replaced by the following:

(b) not more than one individual is entitled to a deduction under subsection (1) because of paragraph (b) or (b.1) of the description of B in that subsection for a taxation year in respect of the same person or the same domestic establishment and where two or more individuals otherwise entitled to such a deduction fail to agree as to the individual by whom the deduction may be made, no such deduction for the year shall be allowed to either or any of them;

(10) The portion of subsection 118(7) of the Act before the definition “pension income” is replaced by the following:

Definitions

(7) Subject to subsections (8) and (8.1), for the purposes of this subsection and subsection (3),

(11) Subsection 118(7) of the Act is amended by adding the following in alphabetical order:

“eligible pension income”
« revenu de pension déterminé »

“eligible pension income” of an individual for a taxation year means

(a) if the individual has attained the age of 65 years before the end of the taxation year, the pension income received by the individ-ual in the taxation year, and

(b) if the individual has not attained the age of 65 years before the end of the taxation year, the qualified pension income received by the individual in the taxation year;

(12) The portion of subsection 118(8) of the Act before paragraph (a) is replaced by the following:

Interpretation

(8) For the purposes of subsection (7), “pension income” and “qualified pension income” received by an individual in a taxation year do not include any amount that is

(13) Paragraph 118(8)(d) of the Act is replaced by the following:

(d) the amount, if any, by which

(i) an amount required to be included in computing the individual’s income for the year

exceeds

(ii) the amount, if any, by which the amount referred to in subparagraph (i) exceeds the total of all amounts deducted (other than under paragraph 60(c)) by the individual for the year in respect of that amount;

(14) Subsection 118(8) of the Act is amended by adding the word “or” at the end of paragraph (e) and by adding the following after that paragraph:

(f) a payment (other than a payment under the Judges Act or the Lieutenant Governors Superannuation Act) received out of or under an unfunded supplemental plan or arrangement, being a plan or arrangement where

(i) the payment was in respect of services rendered to an employer by the individual or the individual’s spouse or common-law partner or former spouse or common-law partner as an employee, and

(ii) the plan or arrangement would have been a retirement compensation arrangement or an employee benefit plan had the employer made a contribution in respect of the payment to a trust governed by the plan or arrangement.

(15) Subsection 118(9) of the Act is replaced by the following:

Bridging benefits

(8.1) For the purposes of subsection (7), a payment in respect of a life annuity under a superannuation or pension plan is deemed to include a payment in respect of bridging benefits, being benefits payable under a registered pension plan on a periodic basis and not less frequently than annually to an individual where

(a) the individual or the individual’s spouse or common-law partner or former spouse or common-law partner was a member (as defined in subsection 147.1(1)) of the registered pension plan;

(b) the benefits are payable for a period ending no later than the end of the month following the month in which the member attains 65 years of age or would have attained that age if the member had survived to that day; and

(c) the amount (expressed on an annualized basis) of the benefits payable to the individual for a calendar year does not exceed the total of the maximum amount of benefits payable for that year under Part I of the Old Age Security Act and the maximum amount of benefits (other than disability, death or survivor benefits) payable for that year under either the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act.

Rounding

(9) If an amount determined under any of paragraphs (3.1)(a) to (f) and (3.2)(a) to (f) is not a multiple of one dollar, it shall be rounded to the nearest multiple of one dollar or, where it is equidistant from two such consecutive multiples, to the greater multiple.

Child tax credit

(9.1) For greater certainty, in the case of a child who in a taxation year is born, adopted or dies, the reference to “throughout the taxation year” in subparagraph 118(1)(b.1)(i) is to be read as a reference to “throughout the portion of the taxation year that is after the child’s birth or adoption or before the child’s death”.

(16) Subsections (1) to (4) and (6) to (15) apply to the 2007 and subsequent taxation years.

(17) Subsection (5) applies to the 2006 and subsequent taxation years.

10. (1) The description of B in section 118.8 of the Act is replaced by the following:

B is the total of all amounts each of which is deductible under subsection 118(1), because of paragraph (b.1) of the description of B in that subsection, or subsection 118(2) or (3) or 118.3(1) in computing the spouse’s or common-law partner’s tax payable under this Part for the year; and

(2) Subsection (1) applies to the 2007 and subsequent taxation years.

11. (1) Subsection 120(3) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) in the case of a SIFT trust, the amount, if any, by which its income for the year determined without reference to this paragraph exceeds its taxable SIFT trust distributions (as defined in subsection 122(3)) for the year.

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

12. (1) Subsection 122(1) of the Act is replaced by the following:

Tax payable by inter vivos trust

122. (1) Notwithstanding section 117, the tax payable under this Part for a taxation year by an inter vivos trust is the total of

(a) 29% of its amount taxable for the taxation year, and

(b) if the trust is a SIFT trust for the taxation year, the positive or negative amount determined by the formula

A × B

where

A is the positive or negative decimal fraction determined by the formula

C + D - E

where

C is the net corporate income tax rate in respect of the SIFT trust for the taxation year,

D is the provincial SIFT tax factor for the taxation year, and

E is the decimal fraction equivalent of the percentage rate of tax provided in paragraph (a) for the taxation year, and

B is the SIFT trust’s taxable SIFT trust distributions for the taxation year.

(2) Section 122 of the Act is amended by adding the following after subsection (2):

Definitions

(3) The following definitions apply in this section.

“non-deductible distributions amount”
« montant de distribution non déductible »

“non-deductible distributions amount” for a taxation year has the meaning assigned by subsection 104(16).

“taxable SIFT trust distributions”
« montant de distribution imposable »

“taxable SIFT trust distributions”, of a SIFT trust for a taxation year, means the lesser of

(a) its amount taxable for the taxation year, and

(b) the amount determined by the formula

A/(1 - (B + C))

where

A is its non-deductible distributions amount for the taxation year,

B is the net corporate income tax rate in respect of the SIFT trust for the taxation year, and

C is the provincial SIFT tax factor for the taxation year.

(3) Subsections (1) and (2) are deemed to have come into force on October 31, 2006.

13. (1) The Act is amended by adding the following after section 122:

Definitions

122.1 (1) The following definitions apply in this section and in sections 104 and 122.

“entity”
« entité »

“entity” means a corporation, trust or partnership.

“equity value”
« valeur des capitaux propres »

“equity value”, of an entity at any time, means the total fair market value at that time of

(a) if the entity is a corporation, all of the issued and outstanding shares of the capital stock of the corporation;

(b) if the entity is a trust, all of the income or capital interests in the trust; or

“investment”
« placement »

“investment”, in a trust or partnership, means

(a) a property that is a security of the trust or partnership; or

(b) a right which may reasonably be considered to replicate a return on, or the value of, a security of the trust or partnership.

“non-portfolio earnings”
« gains hors portefeuille »

“non-portfolio earnings”, of a SIFT trust for a taxation year, means the total of

(a) the amount, if any, by which

(i) the total of all amounts each of which is the SIFT trust’s income for the taxation year from a business carried on by it in Canada or from a non-portfolio property, other than income that is a taxable dividend received by the SIFT trust,

exceeds

(ii) the total of all amounts each of which is the SIFT trust’s loss for the taxation year from a business carried on by it in Canada or from a non-portfolio property, and

(b) the amount, if any, by which

(i) the total of

(A) all taxable capital gains of the SIFT trust from dispositions of non-portfolio properties during the taxation year, and

(B) one-half of the total of all amounts each of which is deemed under subsection 131(1) to be a capital gain of the SIFT trust for the taxation year in respect of a non-portfolio property of the SIFT trust for the taxation year

exceeds

(ii) the total of the allowable capital losses of the SIFT trust for the taxation year from dispositions of non-portfolio properties during the taxation year.

“non-portfolio property”
« bien hors portefeuille »

“non-portfolio property” of a trust or partnership for a taxation year means a property, held by the trust or partnership at any time in the taxation year, that is

(a) a security of a subject entity, if at that time the trust or partnership holds

(i) securities of the subject entity that have a total fair market value that is greater than 10% of the equity value of the subject entity, or

(ii) securities of the subject entity that, together with all of the securities that the trust or partnership holds of entities affiliated with the subject entity, have a total fair market value that is greater than 50% of the equity value of the trust or partnership;

(b) a Canadian real, immovable or resource property, if at any time in the taxation year the total fair market value of all properties held by the trust or partnership that are Canadian real, immovable or resource properties is greater than 50% of the equity value of the trust or partnership; or

(c) a property that the trust or partnership, or a person or partnership with whom the trust or partnership does not deal at arm’s length, uses at that time in the course of carrying on a business in Canada.

“public market”
« marché public »

“public market” includes any trading system or other organized facility on which securities that are qualified for public distribution are listed or traded, but does not include a facility that is operated solely to carry out the issuance of a security or its redemption, acquisition or cancellation by its issuer.

“qualified REIT property”
« bien admissible de FPI »

“qualified REIT property” of a trust means a property, held by the trust, that is

(a) a real or immovable property situated in Canada;

(b) a security of a subject entity, if the entity derives all or substantially all of its revenues from maintaining, improving, leasing or managing real or immovable properties that are capital properties of the trust or of an entity of which the trust holds a share or an interest, including real or immovable properties that the trust, or an entity of which the trust holds a share or an interest, holds together with one or more other persons or partnerships;

(i) legal title to real or immovable property of the trust (including real or immovable property that the trust holds together with one or more other persons or partnerships), and

(ii) property described in paragraph (d); or

(d) ancillary to the earning by the trust of the amounts described in subparagraphs (b)(i) and (iii) of the definition “real estate investment trust”.

“real estate investment trust”
« fiducie de placement immobilier »

“real estate investment trust”, for a taxation year, means a trust that is resident in Canada throughout the taxation year, if

(a) the trust at no time in the taxation year holds any non-portfolio property other than qualified REIT properties;

(b) not less than 95% of the trust’s revenues for the taxation year are derived from one or more of the following:

(i) rent from real or immovable properties,

(ii) interest,

(iii) capital gains from dispositions of real or immovable properties,

(iv) dividends, and

(v) royalties;

(i) rent from real or immovable properties, to the extent that it is derived from real or immovable properties situated in Canada,

(ii) interest from mortgages, or hypothecs, on real or immovable properties situated in Canada, and

(iii) capital gains from dispositions of real or immovable properties situated in Canada; and

(d) at no time in the taxation year is the total fair market value of all properties held by the trust, each of which is a real or immovable property situated in Canada, cash, or a prop-erty described in clause 212(1)(b)(ii)(C), less than 75% of the equity value of the trust at that time.

“real or immovable property”
« bien immeuble ou réel »

“real or immovable property”, of a taxpayer,

(a) includes

(i) a security held by the taxpayer, if the security is a security of a trust that satisfies (or of any other entity that would, if it were a trust, satisfy) the conditions set out in paragraphs (a) to (d) of the definition “real estate investment trust”, or

(ii) an interest in real property or a real right in immovables (other than a right to a rental or royalty described in paragraph (d) or (e) of the definition “Canadian resource property” in subsection 66(15)); but

(b) does not include any depreciable property, other than

(i) a property included, otherwise than by an election permitted by regulation, in Class 1, 3 or 31 of Schedule II to the Income Tax Regulations,

(ii) a property ancillary to the ownership or utilization of a property described in subparagraph (i), or

(iii) a lease in, or a leasehold interest in respect of, land or property described in subparagraph (i).

“rent from real or immovable properties”
« loyer de biens immeubles ou réels »

“rent from real or immovable properties”

(a) includes

(i) rent or similar payments for the use of, or right to use, real or immovable properties,

(ii) payment for services ancillary to the rental of real or immovable properties and customarily supplied or rendered in connection with the rental of real or immovable properties; but

(b) does not include

(i) payment for services supplied or rendered, other than those described in subparagraph (a)(ii), to the tenants of such properties,

(ii) fees for managing or operating such properties,

(iii) payment for the occupation of, use of, or right to use a room in a hotel or other similar lodging facility, or

(iv) rent based on profits.

“security”
« titre »

“security” of a particular entity means any right, whether absolute or contingent, conferred by the particular entity or by an entity that is affiliated with the particular entity, to receive, either immediately or in the future, an amount that can reasonably be regarded as all or any part of the capital, of the revenue or of the income of the particular entity, or as interest paid or payable by the particular entity, and for greater certainty includes

(a) a liability of the particular entity;

(b) if the particular entity is a corporation,

(i) a share of the capital stock of the corporation, and

(ii) a right to control in any manner whatever the voting rights of a share of the capital stock of the corporation;

(d) if the particular entity is a partnership, an interest as a member of the partnership; and

(e) a right to, or to acquire, anything described in this paragraph and any of paragraphs (a) to (d).

“SIFT trust”
« fiducie intermédiaire de placement déterminée »

“SIFT trust”, being a specified investment flow-through trust, for a taxation year means a trust (other than a trust that is a real estate investment trust for the taxation year) that meets the following conditions at any time during the taxation year:

(a) the trust is resident in Canada;

(b) investments in the trust are listed or traded on a stock exchange or other public market; and

“subject entity”
« entité déterminée »

“subject entity” means a person or partnership that is

(a) a corporation resident in Canada;

(b) a trust resident in Canada;

(d) a non-resident person, or a partnership that is not described in paragraph (c), the principal source of income of which is one or any combination of sources in Canada.

Application of definition “SIFT trust”

(2) The definition “SIFT trust” applies to a trust for a taxation year of the trust that ends after 2006, except that if the trust would have been a SIFT trust on October 31, 2006 had that definition been in force and applied to the trust as of that date, that definition does not apply to the trust for a taxation year of the trust that ends before the earlier of

(a) 2011, and

(b) the first day after December 15, 2006 on which the trust exceeds normal growth as determined by reference to the normal growth guidelines issued by the Department of Finance on December 15, 2006, as amended from time to time, unless that excess arose as a result of a prescribed transaction.

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

14. The definition “general rate reduction percentage” in subsection 123.4(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:

(d) that proportion of 9% that the number of days in the taxation year that are in 2010 is of the number of days in the taxation year, and

(e) that proportion of 9.5% that the number of days in the taxation year that are after 2010 is of the number of days in the taxation year.

15. (1) Section 126 of the Act is amended by adding the following after subsection (7):

Deemed dividend — partnership

(8) If an amount is deemed by subsection 96(1.11) to be a taxable dividend received by a person in a taxation year of the person in respect of a partnership, and it is reasonable to consider that all or part of the amount (in this subsection referred to as the “foreign-source portion”) is attributable to income of the partnership from a source in a country other than Canada, the person is deemed for the purposes of this section to have an amount of income from that source for that taxation year equal to the amount determined by the formula

A × B/C

where

A is the total amount included under subsection 82(1) in computing the income of the person in respect of the taxable dividend for that taxation year;

B is the foreign-source portion; and

C is the amount of the taxable dividend deemed to be received by the person.

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

16. (1) Paragraph 132(7)(a) of the Act is replaced by the following:

(a) at that time, all or substantially all of its property consisted of property other than property that would be taxable Canadian property if the definition “taxable Canadian property” in subsection 248(1) were read without reference to paragraph (b) of that definition; or

(2) Subsection (1) is deemed to have come into force on January 1, 2004.

17. (1) Paragraphs (a) and (b) of the definition “qualified investment” in subsection 146(1) of the Act are replaced by the following:

(a) an investment that would be described by any of paragraphs (a) to (d), (f) and (g) of the definition “qualified investment” in section 204 if the reference in that definition to “a trust governed by a deferred profit sharing plan or revoked plan” were read as a reference to “a trust governed by a registered retirement savings plan” and if that definition were read without reference to the words “with the exception of excluded property in relation to the trust”,

(2) Subparagraph (c.2)(iv) of the definition “qualified investment” in subsection 146(1) of the Act is replaced by the following:

(iv) the day on which the periodic payments began or are to begin (in this paragraph referred to as the “start date”) is not later than the end of the year in which the RRSP annuitant attains 72 years of age,

(3) Paragraph 146(2)(b.4) of the Act is replaced by the following:

(b.4) the plan does not provide for maturity after the end of the year in which the annuitant attains 71 years of age;

(4) Subsections 146(13.2) and (13.3) of the Act are repealed.

(5) Subsection (1) applies in determining whether a property is, at any time after March 18, 2007, a qualified investment.

(6) Subsections (2) to (4) apply after 2006, except that subsection (4) does not apply to retirement savings plans under which the annuitant attained 69 years of age before 2007.

18. (1) The definition “RESP annual limit” in subsection 146.1(1) of the Act is repealed.

(2) Paragraphs (a) and (b) of the definition “qualified investment” in subsection 146.1(1) of the Act are replaced by the following:

(a) an investment that would be described by any of paragraphs (a) to (d), (f) and (g) of the definition “qualified investment” in section 204 if the reference in that definition to “a trust governed by a deferred profit sharing plan or revoked plan” were read as a reference to “a trust governed by a registered education savings plan” and if that definition were read without reference to the words “with the exception of excluded property in relation to the trust”,

(3) Subsection 146.1(1) of the Act is amended by adding the following in alphabetical order:

“specified educational program”
« programme de formation déterminé »

“specified educational program” means a program at a post-secondary school level of not less than three consecutive weeks duration that requires each student taking the program to spend not less than 12 hours per month on courses in the program;

(4) Subparagraphs 146.1(2)(g.1)(i) and (ii) of the Act are replaced by the following:

(i) either

(A) the individual is, at that time, enrolled as a student in a qualifying educational program at a post-secondary educational institution, or

(B) the individual has, before that time, attained the age of 16 years and is, at that time, enrolled as a student in a specified educational program at a post-secondary educational institution, and

(ii) either

(A) the individual satisfies, at that time, the condition set out in clause (i)(A), and

(I) has satisfied that condition throughout at least 13 consecutive weeks in the 12-month period that ends at that time, or

(II) the total of the payment and all other educational assistance payments made under a registered education savings plan of the promoter to or for the individual in the 12-month period that ends at that time does not exceed $5,000 or any greater amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to the individual, or

(B) the individual satisfies, at that time, the condition set out in clause (i)(B) and the total of the payment and all other educational assistance payments made under a registered education savings plan of the promoter to or for the individual in the 13-week period that ends at that time does not exceed $2,500 or any greater amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to the individual;

(5) Paragraph 146.1(2)(k) of the Act is repealed.

(6) Subsections (1) and (5) apply to contributions made after 2006.

(7) Subsection (2) applies in determining whether a property is, at any time after March 18, 2007, a qualified investment.

(8) Subsections (3) and (4) apply to the 2007 and subsequent taxation years.

19. (1) The definition “retirement income fund” in subsection 146.3(1) of the Act is replaced by the following:

“retirement income fund”
« fonds de revenu de retraite »

“retirement income fund” means an arrangement between a carrier and an annuitant under which, in consideration for the transfer to the carrier of property, the carrier undertakes to pay amounts to the annuitant (and, where the annuitant so elects, to the annuitant’s spouse or common-law partner after the annuitant’s death), the total of which is, in each year in which the minimum amount under the arrangement for the year is greater than nil, not less than the minimum amount under the arrangement for that year, but the amount of any such payment does not exceed the value of the property held in connection with the arrangement immediately before the time of the payment.

(2) The portion of the definition “minimum amount” in subsection 146.3(1) of the Act before the formula is replaced by the following:

“minimum amount”
« minimum »

“minimum amount” under a retirement income fund for a year means, for the year in which the fund was entered into, a nil amount, and, for any other year, the amount determined by the formula

(3) Paragraphs (a) and (b) of the definition “qualified investment” in subsection 146.3(1) of the Act are replaced by the following:

(a) an investment that would be described by any of paragraphs (a) to (d), (f) and (g) of the definition “qualified investment” in section 204 if the reference in that definition to “a trust governed by a deferred profit sharing plan or revoked plan” were read as a reference to “a trust governed by a registered retirement income fund” and if that definition were read without reference to the words “with the exception of excluded property in relation to the trust”,

(4) Subsections (1) and (2) apply after 2006, except that

(a) in applying subsection (2) in 2007 (other than for the purposes of subsection 146.3(5.1) of the Act, regulations made under subsection 153(1) of the Act and the definition “periodic pension payment” in section 5 of the Income Tax Conventions Interpretation Act), the portion of the definition “minimum amount” in subsection 146.3(1) of the Act before the formula, as enacted by subsection (2), shall be read as follows:

“minimum amount” under a retirement income fund for a year means, for the year in which the fund was entered into (and for 2007, if the individual who was the annuitant under the fund on January 1, 2007 attained 69 or 70 years of age in 2006), a nil amount, and, for any other year, the amount determined by the formula”

(b) in applying subsection (2) in 2008 (other than for the purposes of subsection 146.3(5.1) of the Act, regulations made under subsection 153(1) of the Act and the definition “periodic pension payment” in section 5 of the Income Tax Conventions Interpretation Act), the portion of the definition “minimum amount” in subsection 146.3(1) of the Act before the formula, as enacted by subsection (2), shall be read as follows:

“minimum amount” under a retirement income fund for a year means, for the year in which the fund was entered into (and for 2008, if the individual who was the annuitant under the fund on January 1, 2008 attained 70 years of age in 2007), a nil amount, and, for any other year, the amount determined by the formula”

(5) Subsection (3) applies in determining whether a property is, at any time after March 18, 2007, a qualified investment.

(6) For the purpose of applying clause 60(l)(v)(B.2) of the Act for the 2007 and 2008 taxation years, an eligible amount of a taxpayer for a taxation year in respect of a registered retirement income fund (within the meaning assigned by subsection 146.3(6.11) of the Act) is deemed to include

(a) if the taxation year is 2007, the taxpayer was the annuitant under the fund on January 1, 2007 and the taxpayer attained 69 or 70 years of age in 2006, the lesser of

(i) the total amounts included because of subsection 146.3(5) of the Act in computing the income of the taxpayer for the taxation year in respect of amounts received out of or under the fund (other than an amount paid by direct transfer from the fund to another fund or a registered retirement savings plan), and

(ii) the amount that would, but for paragraph (4)(a), be the minimum amount under the fund for 2007; and

(b) if the taxation year is 2008, the taxpayer was the annuitant under the fund on January 1, 2008 and the taxpayer attained 70 years of age in 2007, the lesser of

(ii) the amount that would, but for paragraph (4)(b), be the minimum amount under the fund for 2008.

20. (1) Subparagraph 147(2)(k)(i) of the French version of the Act is replaced by the following:

(i) la fin de l’année dans laquelle le bénéficiaire atteint 71 ans,

(2) Subparagraph 147(2)(k)(iii) of the English version of the Act is replaced by the following:

(iii) the end of the year in which the beneficiary attains 71 years of age, and

(3) Clause 147(2)(k)(iv)(A) of the French version of the Act is replaced by the following:

(A) dont le service doit commencer au plus tard à la fin de l’année dans laquelle le bénéficiaire atteint 71 ans,

(4) Clause 147(2)(k)(vi)(A) of the English version of the Act is replaced by the following:

(A) payment of the annuity is to begin not later than the end of the year in which the beneficiary attains 71 years of age, and

(5) Section 147 of the Act is amended by adding the following after subsection (10.4):

Amended contract

(10.5) Where an amendment is made to an annuity contract to which subparagraph (2)(k)(vi) applies, the sole effect of which is to defer annuity commencement to no later than the end of the calendar year in which the individual in respect of whom the contract was purchased attains 71 years of age, the annuity contract is deemed not to have been disposed of by the individual.

(6) Subsection 147(10.6) of the Act is repealed.

(7) Subsections (1) to (6) apply after 2006, except that subsection (6) does not apply to annuities under which the annuitant attained 69 years of age before 2007.

21. (1) Subparagraph 147.4(2)(a)(i) of the Act is replaced by the following:

(i) defer annuity commencement to no later than the end of the calendar year in which the individual in respect of whom the contract was purchased attains 71 years of age, or

(2) Subsection 147.4(4) of the Act is repealed.

(3) Subsections (1) and (2) apply after 2006, except that subsection (2) does not apply to annuities under which the annuitant attained 69 years of age before 2007.

22. (1) Section 153 of the Act is amended by adding the following after subsection (1.2):

Split-pension amount

(1.3) A joint election made or expected to be made under section 60.03 is not to be considered a basis on which the Minister may determine a lesser amount under subsection (1.1).

Deemed withholding

(2) If a pensioner and a pension transferee (as those terms are defined in section 60.03) make a joint election under section 60.03 in respect of a split-pension amount (as defined in that section) for a taxation year, the portion of the amount deducted or withheld under subsection (1) that may be reasonably considered to be in respect of the split-pension amount is deemed to have been deducted or withheld on account of the pension transferee’s tax for the taxation year under this Part and not on account of the pensioner’s tax for the taxation year under this Part.

(2) Subsection (1) applies to the 2007 and subsequent taxation years.

23. (1) Section 160 of the Act is amended by adding the following after subsection (1.2):

Joint liability — tax on split-pension income

(1.3) Where a pensioner and a pension transferee (as those terms are defined in section 60.03) make a joint election under section 60.03 in respect of a split-pension amount (as defined in that section) for a taxation year, they are jointly and severally, or solidarily, liable for the tax payable by the pension transferee under this Part for the taxation year to the extent that that tax payable is greater than it would have been if no amount were required to be added because of paragraph 56(1)(a.2) in computing the income of the pension transferee under this Part for the taxation year.

(2) Subsection (1) applies to the 2007 and subsequent taxation years.

24. (1) The Act is amended by adding the following after section 196:

PART IX.1

TAX ON SIFT PARTNERSHIPS

Definitions

197. (1) The following definitions apply in this Part and in section 96.

“non-portfolio earnings”
« gains hors portefeuille »

“non-portfolio earnings”, of a SIFT partnership for a taxation year, means the total of

(a) the amount, if any, by which

(i) the total of all amounts each of which is the SIFT partnership’s income for the taxation year from a business carried on by it in Canada or from a non-portfolio property, other than income that is a taxable dividend received by the SIFT partnership,

exceeds

(ii) the total of all amounts each of which is the SIFT partnership’s loss for the taxation year from a business carried on by it in Canada or from a non-portfolio property, and

(b) the amount, if any, by which all taxable capital gains of the SIFT partnership from dispositions of non-portfolio properties during the taxation year exceeds the total of the allowable capital losses of the SIFT partnership for the taxation year from dispositions of non-portfolio properties during the taxation year.

“SIFT partnership”
« société de personnes intermédiaire de placement déterminée »

“SIFT partnership”, being a specified investment flow-through partnership, for any taxation year, means a partnership that meets the following conditions at any time during the taxation year:

(a) the partnership is a Canadian resident partnership;

(b) investments (as defined in subsection 122.1(1)) in the partnership are listed or traded on a stock exchange or other public market; and

“taxable non-portfolio earnings”
« gains hors portefeuille imposables »

“taxable non-portfolio earnings” of a SIFT partnership, for a taxation year, means the lesser of

(a) the amount that would, if the SIFT partnership were a taxpayer for the purposes of Part I and if subsection 96(1) were read without reference to its paragraph (d), be its income for the taxation year as determined under section 3; and

(b) its non-portfolio earnings for the taxation year.

Tax on partnership income

(2) Every partnership that is a SIFT partnership for a taxation year is liable to a tax under this Part equal to the amount determined by the formula

A × (B + C)

where

A is the taxable non-portfolio earnings of the SIFT partnership for the taxation year;

B is the net corporate income tax rate in respect of the SIFT partnership for the taxation year; and

C is the provincial SIFT tax factor for the taxation year.

Ordering

(3) This Part and section 122.1 are to be applied as if this Act were read without reference to subsection 96(1.11).

Partnership to file return

(4) Every member of a partnership that is liable to pay tax under this Part for a taxation year shall — on or before the day on or before which the partnership return is required to be filed for the year under section 229 of the Income Tax Regulations — file with the Minister a return for the taxation year under this Part in prescribed form containing an estimate of the tax payable by the partnership under this Part for the taxation year.

Authority to file return

(5) For the purposes of subsection (4), if, in respect of a taxation year of a partnership, a particular member of the partnership has authority to act for the partnership,

(a) if the particular member has filed a return as required by this Part for a taxation year, each other person who was a member of the partnership during the taxation year is deemed to have filed the return; and

(b) a return that has been filed by any other member of the partnership for the taxation year is not valid and is deemed not to have been filed by any member of the partnership.

Provisions applicable to Part

(6) Subsection 150(2), sections 152, 156, 156.1, 158, 159 and 161 to 167 and Division J of Part I apply to this Part, with any modifications that the circumstances require, and for greater certainty,

(a) a notice of assessment referred to in subsection 152(2) in respect of tax payable under this Part is valid notwithstanding that a partnership is not a person; and

(b) notwithstanding subsection 152(4), the Minister may at any time make an assessment or reassessment of tax payable under this Part or Part I to give effect to a determination made by the Minister under subsection 152(1.4), including the assessment or reassessment of Part I tax payable in respect of the disposition of an interest in a SIFT partnership by a member of the partnership.

Payment

(7) Every SIFT partnership shall pay to the Receiver General, on or before its SIFT partnership balance-due day for each taxation year, its tax payable under this Part for the taxation year.

Application of definition “SIFT partnership”

(8) The definition “SIFT partnership” applies to a partnership for a taxation year of the partnership that ends after 2006, except that if the partnership would have been a SIFT partnership on October 31, 2006 had that definition been in force and applied to the partnership as of that date, that definition does not apply to the partnership for a taxation year of the partnership that ends before the earlier of

(a) 2011, and

(b) the first day after December 15, 2006 on which the partnership exceeds normal growth as determined by reference to the normal growth guidelines issued by the Department of Finance on December 15, 2006, as amended from time to time, unless that excess arose as a result of a prescribed transaction.

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

25. (1) Paragraph 198(6)(d) of the Act is replaced by the following:

(d) the cash surrender value of the policy (exclusive of accumulated dividends) is or will be, at or before the end of the year in which the insured person attains 71 years of age, if all premiums under the policy are paid, not less than the maximum total amount (exclusive of accumulated dividends) payable by the insurer under the policy, and

(2) Subsection (1) applies after 2006.

26. (1) The portion of the definition “qualified investment” in section 204 of the Act before paragraph (a) is replaced by the following:

“qualified investment”
« placement admissible »

“qualified investment” for a trust governed by a deferred profit sharing plan or revoked plan means, with the exception of excluded property in relation to the trust,

(2) Paragraphs (b) to (d) of the definition “qualified investment” in section 204 of the Act are replaced by the following:

(b) debt obligations described in clause 212(1)(b)(ii)(C),

(i) a corporation, mutual fund trust or limited partnership the shares or units of which are listed on a prescribed stock exchange in Canada,

(ii) a corporation the shares of which are listed on a prescribed stock exchange outside Canada, or

(iii) an authorized foreign bank and payable at a branch in Canada of the bank,

(c.1) debt obligations that, at the time of acquisition by the trust, met the following criteria, namely,

(i) the debt obligations had an investment grade rating with a prescribed credit rating agency, and

(ii) either

(A) the debt obligations were issued as part of a single issue of debt of at least $25 million, or

(B) in the case of debt obligations that are issued on a continuous basis, the issuer of the debt obligations had issued and outstanding debt of that type of at least $25 million,

(d) securities (other than futures contracts or other derivative instruments in respect of which the holder’s risk of loss may exceed the holder’s cost) that are listed on a prescribed stock exchange,

(3) The definition “qualified investment” in section 204 of the Act is amended by adding the word “and” at the end of paragraph (g) and by replacing paragraphs (h) and (i) with the following:

(h) prescribed investments;

(4) Section 204 of the Act is amended by adding the following in alphabetical order:

“debt obligation”
« titre de créance »

“debt obligation” means a bond, debenture, note or similar obligation;

“excluded property”
« bien exclu »

“excluded property”, in relation to a trust governed by a deferred profit sharing plan or revoked plan, means a debt obligation or bankers’ acceptance issued by

(a) an employer by whom payments are made in trust to a trustee under the plan for the benefit of beneficiaries under the plan, or

(b) a corporation with whom that employer does not deal at arm’s length;

(5) Subsections (1) to (4) apply in determining whether a property is, at any time after March 18, 2007, a qualified investment.

27. (1) The definitions “excess amount” and “RESP lifetime limit” in subsection 204.9(1) of the Act are replaced by the following:

“excess amount”
« excédent »

“excess amount” for a year at any time in respect of an individual means

(a) for years before 2007, the amount, if any, by which the total of all contributions made after February 20, 1990 in the year and before that time into all registered education savings plans by or on behalf of all subscribers in respect of the individual exceeds the lesser of

(i) the RESP annual limit for the year, and

(ii) the amount, if any, by which the RESP lifetime limit for the year exceeds the total of all contributions made into registered education savings plans by or on behalf of all subscribers in respect of the individual in all preceding years; and

(b) for years after 2006, the amount, if any, by which the total of all contributions made in the year and before that time into all registered education savings plans by or on behalf of all subscribers in respect of the individual exceeds the amount, if any, by which

(i) the RESP lifetime limit for the year

exceeds

(ii) the total of all contributions made into registered education savings plans by or on behalf of all subscribers in respect of the individual in all preceding years.

“RESP lifetime limit”
« plafond cumulatif de REEE »

“RESP lifetime limit” for a year means

(a) for 1990 to 1995, $31,500;

(b) for 1996 to 2006, $42,000; and

(2) Subsection (1) applies for the purpose of determining tax under Part X.4 of the Act for months that are after 2006.

28. (1) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:

“Canadian real, immovable or resource property”
« bien canadien immeuble, réel ou minier »

“Canadian real, immovable or resource property” means

(a) a property that would, if this Act were read without reference to the definition “real or immovable property” in subsection 122.1(1), be a real or immovable property situated in Canada,

(b) a Canadian resource property,

(d) a share of the capital stock of a corporation, an income or a capital interest in a trust or an interest in a partnership, if more than 50% of the fair market value of the share or interest is derived directly or indirectly from one or any combination of properties described in paragraphs (a) to (c), or

(e) any right to or interest in — or, for civil law, any right to or in — any property described in any of paragraphs (a) to (d);

“Canadian resident partnership”
« société de personnes résidant au Canada »

“Canadian resident partnership” means a partnership that, at any time in respect of which the expression is relevant,

(a) is a Canadian partnership,

(b) would, if it were a corporation, be resident in Canada (including, for greater certainty, a partnership that has its central management and control in Canada), or

“net corporate income tax rate”
« taux net d’imposition du revenu des sociétés »

“net corporate income tax rate” in respect of a SIFT trust or SIFT partnership for a taxation year means the amount, expressed as a decimal fraction, by which

(a) the percentage rate of tax provided under paragraph 123(1)(a) for the taxation year

exceeds

(b) the total of

(i) the percentage that would, if the SIFT trust or SIFT partnership were a corporation, be its general rate reduction percent- age, within the meaning assigned by subsection 123.4(1), for the taxation year, and

(ii) the percentage deduction from tax provided under subsection 124(1) for the taxation year;

“non-portfolio property”
« bien hors portefeuille »

“non-portfolio property” has the same meaning as in subsection 122.1(1);

“provincial SIFT tax factor”
« facteur fiscal provincial »

“provincial SIFT tax factor” for a taxation year means the decimal fraction 0.13;

“public market”
« marché public »

“public market” has the same meaning as in subsection 122.1(1);

“SIFT partnership”
« société de personnes intermédiaire de placement déterminée »

“SIFT partnership” has the meaning assigned by section 197;

“SIFT partnership balance-due day”
« date d’échéance du solde »

“SIFT partnership balance-due day”, in respect of a taxation year of a SIFT partnership, means the day on or before which the partnership is required to file a return for the taxation year under section 229 of the Income Tax Regulations;

“SIFT trust”
« fiducie intermédiaire de placement déterminée »

“SIFT trust” has the meaning assigned by section 122.1;

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

29. (1) Paragraph 249(1)(a) of the Act is replaced by the following:

(a) in the case of a corporation or Canadian resident partnership, a fiscal period, and

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

C.R.C., c. 945

Income Tax Regulations

30. (1) The portion of subsection 229(1) of the Income Tax Regulations before paragraph (a) is replaced by the following:

229. (1) Every member of a partnership that carries on a business in Canada, or that is a Canadian partnership or a SIFT partnership, at any time in a fiscal period of the partnership shall make for that period an information return in prescribed form containing the following information:

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

31. (1) Part XXVI of the Regulations is amended by adding the following after section 2607:

Sift Trusts

2608. For the purposes of this Part, if the individual is a SIFT trust, a reference to income earned in a taxation year shall be read as a reference to the amount that would, if this Part were read without reference to this section, be the amount, if any, by which its income for the taxation year exceeds its taxable SIFT trust distributions for the taxation year.

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

32. (1) The portion of subsection 4900(1) of the Regulations before paragraph (a) is replaced by the following:

4900. (1) For the purposes of paragraph (d) of the definition “qualified investment” in subsection 146(1) of the Act, paragraph (e) of the definition “qualified investment” in subsection 146.1(1) of the Act, paragraph (c) of the definition “qualified investment” in subsection 146.3(1) of the Act and paragraph (h) of the definition “qualified investment” in section 204 of the Act, each of the following investments is prescribed as a qualified investment for a plan trust at a particular time if at that time it is

(2) Paragraph 4900(1)(d.1) of the Regulations is repealed.

(3) Paragraph 4900(1)(e.01) of the Regulations is repealed.

(4) Paragraphs 4900(1)(m) to (n.1) of the Regulations are repealed.

(5) Paragraphs 4900(1)(p) and (p.1) of the Regulations are repealed.

(6) Subsection 4900(2) of the Regulations is replaced by the following:

(2) For the purposes of paragraph (c.1) of the definition “qualified investment” in section 204 of the Act, each of the following is a prescribed credit rating agency:

(a) A.M. Best Company, Inc.;

(b) Dominion Bond Rating Service Limited;

(d) Moody’s Investors Service, Inc.; and

(e) the Standard and Poor’s Division of the McGraw-Hill Companies, Inc.

(7) Subsection 4900(3) of the Regulations is replaced by the following:

(3) For the purpose of paragraph (h) of the definition “qualified investment” in section 204 of the Act, a contract with a licensed annuities provider for an annuity payable to an employee who is a beneficiary under a deferred profit sharing plan beginning not later than the end of the year in which the employee attains 71 years of age, the guaranteed term of which, if any, does not exceed 15 years, is prescribed as a qualified investment for a trust governed by such a plan or revoked plan.

(8) The portion of subsection 4900(7) of the Regulations before paragraph (a) is replaced by the following:

(7) Subject to subsection (11), for the purposes of paragraph (h) of the definition “qualified investment” in section 204 of the Act, a property is prescribed as a qualified investment for a trust governed by a deferred profit sharing plan or revoked plan at any time if at that time the property is an interest

(9) Subsections (1) to (6) and (8) apply in determining whether a property is, at any time after March 18, 2007, a qualified investment.

(10) Subsection (7) applies after 2006 except that, for the period before March 19, 2007, the reference in subsection 4900(3) of the Regulations, as enacted by subsection (7), to “paragraph (h)” shall be read as a reference to “paragraph (i)”.

33. (1) Paragraph 8308.3(1)(c) of the Regulations is replaced by the following:

(c) a plan or arrangement that does not provide in any circumstances for payments to be made to or for the benefit of the individual after the later of the last day of the calendar year in which the individual attains 71 years of age and the day that is 5 years after the day of termination of the individual’s employment with the employer;

(2) Subsection (1) applies after 2006.

34. (1) Subparagraph 8502(e)(i) of the Regulations is replaced by the following:

(i) requires that the retirement benefits of a member under each benefit provision of the plan begin to be paid not later than the end of the calendar year in which the member attains 71 years of age except that,

(A) in the case of benefits provided under a defined benefit provision, the benefits may begin to be paid at any later time that is acceptable to the Minister, if the amount of benefits (expressed on an annualized basis) payable does not exceed the amount of benefits that would be payable if payment of the benefits began at the end of the calendar year in which the member attains 71 years of age, and

(B) in the case of benefits provided under a money purchase provision in accordance with paragraph 8506(1)(e.1), the benefits may begin to be paid not later than the end of the calendar year in which the member attains 72 years of age, and

(2) Subsection (1) applies after 2006.

35. (1) Clause 8503(2)(f)(iii)(B) of the Regulations is replaced by the following:

(B) the end of the calendar year in which the beneficiary attains 71 years of age,

(2) Section 8503 of the Regulations is amended by adding the following after subsection (11):

Special Rules for Member Aged 70 or 71 in 2007

(11.1) Where

(a) a member of a registered pension plan attained 69 years of age in 2005 or 2006,

(b) the member’s retirement benefits under a defined benefit provision of the plan commenced to be paid to the member in the year in which the member attained 69 years of age,

(d) the member was employed with a participating employer from the time the member’s retirement benefits commenced to be paid to the particular time,

the following rules apply:

(e) subsections (9) and (11) shall apply with respect to the member as though the member became an employee of the participating employer at the particular time, and

(f) for the purpose of subsection (10), retirement benefits paid under the provision to the member before the particular time shall be disregarded.

(3) Subsections (1) and (2) apply after 2006.

36. (1) Subparagraph 8506(1)(e)(iii) of the Regulations is replaced by the following:

(iii) the retirement benefits are payable to the beneficiary beginning no later than on the later of one year after the day of death of the member and the end of the calendar year in which the beneficiary attains 71 years of age;

(2) The portion of paragraph 8506(2)(c.1) of the Regulations before subparagraph (i) is replaced by the following:

(c.1) no contribution is made under the provision with respect to a member, and no amount is transferred for the benefit of a member to the provision from another benefit provision of the plan, at any time after the calendar year in which the member attains 71 years of age, other than an amount that is transferred for the benefit of the member to the provision

(3) Paragraph 8506(7)(b) of the Regulations is replaced by the following:

(b) that individual had not attained 71 years of age at the end of the preceding calendar year.

(4) Subsections (1) to (3) apply after 2006.

2004, c. 26

Canada Education Savings Act

37. (1) Subparagraph 5(2)(b)(i) of the Canada Education Savings Act is replaced by the following:

(i) $1,000, unless the particular year is any of 1998 to 2006, in which case, $800, and

(2) Paragraph 5(3)(b) of the Act is replaced by the following:

(b) in any other case, determined by the formula

$400A + $500B - C

where

A is the number of years after 1997 and before 2007 in which the beneficiary was alive, other than a year throughout which the beneficiary was

(i) an ineligible beneficiary in accord-ance with the regulations, or

(ii) not resident in Canada,

B is the number of years after 2006 in which the beneficiary was alive, up to and including the particular year, other than a year throughout which the beneficiary was

(i) an ineligible beneficiary in accord-ance with the regulations, or

(ii) not resident in Canada, and

C is the total of all CES grants paid before that time — other than those amounts paid under subsection (4) — in respect of contributions made in a preceding year in respect of the beneficiary.

SOR/2005-151

Canada Education Savings Regulations

38. Paragraph 4(1)(d) of the Canada Education Savings Regulations is replaced by the following:

(d) the total of the contribution and all other contributions to RESPs made, or deemed to have been made for the purpose of Part X.4 of the Income Tax Act, in respect of the beneficiary does not exceed the RESP lifetime limit (as defined in subsection 204.9(1) of the Income Tax Act) for the year in which the contribution is made;

Coordinating Amendments

Bill C-33

39. Sections 40 to 42 apply if Bill C-33 (in those sections referred to as the “other Act”), introduced in the 1st session of the 39th Parliament and entitled Income Tax Amendments Act, 2006, receives royal assent.

40. (1) Subsection 104(24) of the Act, having been amended by subsection 8(4) of this Act and 23(8) of the other Act, is replaced by the following:

Amount payable

(24) For the purposes of subparagraph 53(2)(h)(i.1), paragraph (c) of the definition “specified charity” in subsection 94(1), subsection 94(8) and subsections (6), (7), (7.01), (13), (16) and (20), an amount is deemed not to have become payable to a beneficiary in a taxation year unless it was paid in the year to the beneficiary or the beneficiary was entitled in the year to enforce payment of it.

(2) Subsection (1) applies in respect of taxation years of a trust that begin after 2006.

41. If the other Act is assented to on the same day as or after the day on which this Act is assented to, subsections 106(1) and (3) of the other Act are deemed to have come into force before subsections 9(1) and (16) of this Act.

42. (1) Subsection 249(1) of the Act, having been amended by subsection 188(1) of the other Act and subsection 29(1) of this Act, is replaced by the following:

Definition of “taxation year”

249. (1) Except as expressly otherwise provided in this Act, a “taxation year” is

(a) in the case of a corporation, a fiscal period;

(b) in the case of an individual (other than a testamentary trust), a calendar year;

(c) in the case of a testamentary trust, the period for which the accounts of the trust are made up for purposes of assessment under this Act; and

(d) in the case of a Canadian resident partnership, a fiscal period.

(2) Subsection (1) is deemed to have come into force on October 31, 2006.

PART 2

R.S., c. E-15

AMENDMENTS TO THE EXCISE TAX ACT (OTHER THAN WITH RESPECT TO THE GOODS AND SERVICES TAX/HARMONIZED SALES TAX)

R.S., c. 7 (2nd Supp.), s. 34(1)

43. (1) Section 68 of the Excise Tax Act is replaced by the following:

Payment where error

68. (1) If a person, otherwise than pursuant to an assessment, has paid any moneys in error in respect of any goods, whether by reason of mistake of fact or law or otherwise, and the moneys have been taken into account as taxes, penalties, interest or other sums under this Act, an amount equal to the amount of the moneys shall, subject to this Part, be paid to the person if the person applies for the payment of the amount within two years after the payment of the moneys.

Exception

(2) Subsection (1) does not apply if an application for a payment in respect of the goods can be made by any person under section 68.01.

Payment for end-users — diesel fuel

68.01 (1) If tax under this Act has been paid in respect of diesel fuel, the Minister may pay an amount equal to the amount of that tax

(a) in the case where a vendor delivers the diesel fuel to a purchaser

(i) to the vendor, if the vendor applies for the payment, the purchaser certifies that the diesel fuel is for use exclusively as heating oil and the vendor reasonably believes that the purchaser will use it exclusively as heating oil,

(ii) to the purchaser, if the purchaser applies for the payment, the purchaser uses the diesel fuel as heating oil and no application in respect of the diesel fuel can be made by the vendor under subparagraph (i); or

(b) to a purchaser who applies for the payment and who uses the diesel fuel to generate electricity, except if the electricity so generated is used primarily in the operation of a vehicle.

Payment for end-users — fuel used as ships’ stores

(2) If tax under this Act has been paid in respect of fuel and no application is made in respect of the fuel by any person under section 68.17 or 70, the Minister may pay an amount equal to the amount of that tax to a purchaser who applies for the payment and who uses the fuel as ships’ stores.

Timing of application

(3) No payment shall be made under this section unless

(a) the vendor described in subparagraph (1)(a)(i) applies for it within two years after the vendor sells the diesel fuel to the purchaser described in paragraph (1)(a); or

(b) the purchaser described in subparagraph (1)(a)(ii), paragraph (1)(b) or subsection (2) applies for it within two years after the purchase.

Conditions

(4) The Minister is not required to make a payment under this section unless the Minister is satisfied that all the conditions for the payment have been met.

Deemed tax payable

(5) If, under this section, the Minister pays an amount to a person to which that person is not entitled, or pays an amount to a person in excess of the amount to which that person is entitled, the amount of the payment or the excess is deemed to be a tax payable by that person under this Act on the day on which the Minister made the payment.

Payment to end-users — specially equipped van

68.02 (1) If tax under this Act has been paid in respect of a van to which section 6 of Schedule I applies, the Minister may pay an amount equal to the amount of the tax paid at the rate set out in that section

(a) if the van was manufactured or produced in Canada, to a person who is the first final consumer of the van if, at the time of the acquisition of the van by the person or within six months after that time, the van has been equipped with a device designed exclusively to assist in placing a wheelchair in the van without having to collapse the wheelchair; or

(b) if the van was imported, to a person who is the first final consumer of the van after the importation if, at the time of importation, the van was equipped with a device designed exclusively to assist in placing a wheelchair in the van without having to collapse the wheelchair.

Timing of application

(2) No payment in respect of a van shall be made under this section unless the person to whom the payment can be made applies for it within two years after the person acquires the van.

Deemed tax payable

(3) If, under this section, the Minister pays an amount to a person to which that person is not entitled, or pays an amount to a person in excess of the amount to which that person is entitled, the amount of the payment or the excess is deemed to be a tax payable by that person under this Act on the day on which the Minister made the payment.

(2) Sections 68 and 68.01 of the Act, as enacted by subsection (1), are deemed to have come into force on September 3, 1985 except that, before March 20, 2007,

(a) subsection 68(2) of the Act, as enacted by subsection (1), shall be read as follows:

(2) Subsection (1) does not apply if an application for a payment in respect of the goods is made by any person under section 68.01.

(b) subparagraph 68.01(1)(a)(ii) of the Act, as enacted by subsection (1), shall be read as follows:

(ii) to the purchaser, if the purchaser applies for the payment, the purchaser uses the diesel fuel as heating oil and no application in respect of the diesel fuel is made by the vendor under subparagraph (i); or

(3) Section 68.02 of the Act, as enacted by subsection (1), applies in respect of each van to which section 6 of Schedule I to the Act, as enacted by section 44 of this Act, applies.

(4) If, before this Act is assented to, an application under section 68 of the Act has been made by a person who could have made an application under section 68.01 of the Act had that section been in force at that time, the application made under section 68 of the Act is deemed to have been made under subsection 68.01(1) or (2) of the Act, as the case may be.

44. (1) Section 6 of Schedule I to the Act is replaced by the following:

6. (1) Automobiles (including station wag- ons, vans and sport utility vehicles) designed primarily for use as passenger vehicles but not including pickup trucks, vans equipped to accommodate 10 or more passengers, ambulances and hearses, at the following rates:

(a) $1,000, in the case of an automobile that has a weighted fuel consumption rating of 13 litres or more per 100 kilometres but less than 14 litres per 100 kilometres;

(b) $2,000, in the case of an automobile that has a weighted fuel consumption rating of 14 litres or more per 100 kilometres but less than 15 litres per 100 kilometres;

(c) $3,000, in the case of an automobile that has a weighted fuel consumption rating of 15 litres or more per 100 kilometres but less than 16 litres per 100 kilometres; and

(d) $4,000, in the case of an automobile that has a weighted fuel consumption rating of 16 litres or more per 100 kilometres.

(2) For the purposes of subsection (1), the weighted fuel consumption rating of an automobile shall be the amount determined by the formula

0.55A + 0.45B

where

A is the city fuel consumption rating (based on the number of litres of fuel, other than E85, per 100 kilometres) for automobiles of the same model with the same attributes as the automobile, as determined by reference to data published by the Government of Canada under the EnerGuide mark, or, if no rating can be so determined that would apply to the automobile, by reference to the best available data, which may include the city fuel consumption rating for the most similar model and attributes; and

B is the highway fuel consumption rating (based on the number of litres of fuel, other than E85, per 100 kilometres) for automobiles of the same model with the same attributes as the automobile, as determined by reference to data published by the Government of Canada under the EnerGuide mark, or, if no rating can be so determined that would apply to the automobile, by reference to the best available data, which may include the highway fuel consumption rating for the most similar model and attributes.

(2) Subsection (1) applies to each automobile delivered by a manufacturer or producer to a purchaser after March 19, 2007, and each automobile imported into Canada after that day unless the automobile had been put into service before March 20, 2007, but does not apply to an automobile for which an agreement in writing has been entered into before March 20, 2007 between a person in the business of selling vehicles to consumers and a final consumer, and for which possession is taken by the final consumer before October 2007.

PART 3

AMENDMENTS IN RESPECT OF THE GOODS AND SERVICES TAX/HARMONIZED SALES TAX

R.S., c. E-15

Excise Tax Act

45. (1) Section 234 of the Excise Tax Act is amended by adding the following after subsection (2):

Late filing of information and adjustment for failure to file

(2.1) If a registrant is required to file prescribed information in accordance with subsection 252.1(10) or 252.4(5) in respect of an amount claimed as a deduction under subsection (2) in respect of an amount paid or credited on account of a rebate,

(a) in the case where the registrant files the information on a day (in this subsection referred to as the “filing day”) that is after the day on or before which the registrant is required to file its return under Division V for the reporting period in which the registrant claimed the deduction under subsection (2) in respect of the amount paid or credited and before the particular day that is the earlier of

(i) the day that is four years after the day on or before which the registrant was required under section 238 to file a return for the period, and

(ii) the day stipulated by the Minister in a demand to file the information,

the registrant shall, in determining the net tax for the reporting period of the registrant that includes the filing day, add an amount equal to interest, at the prescribed rate, on the amount claimed as a deduction under subsection (2) computed for the period beginning on the day on or before which the registrant was required to file the prescribed information under subsection 252.1(10) or 252.4(5) and ending on the filing day; and

(b) in the case where the registrant fails to file the information before the particular day, the registrant shall, in determining the net tax for the reporting period of the registrant that includes the particular day, add an amount equal to the total of the amount claimed as a deduction under subsection (2) and interest, at the prescribed rate, on that amount computed for the period beginning on the day on or before which the registrant was required to file the information under subsection 252.1(10) or 252.4(5) and ending on the day on or before which the registrant is required under section 238 to file a return for the reporting period of the registrant that includes the particular day.

(2) Subsection (1) applies in respect of any amount claimed as a deduction under subsection 234(2) of the Act in respect of an amount that is paid to, or credited in favour of, a person after March 2007 and that relates to a supply for which tax under Part IX of the Act becomes payable after March 2007.

1993, c. 27, s. 107(1); 1997, c. 10, s. 58(1)

46. (1) The portion of subsection 252(1) of the Act before paragraph (c) is replaced by the following:

Non-resident rebate in respect of exported goods

252. (1) If a non-resident person is the recipient of a supply of tangible personal property acquired by the person for use primarily outside Canada, the person is not a consumer of the property, the property is not

(a) excisable goods, or

(2) Subsection (1) applies to any supply of property in respect of which tax under Part IX of the Act becomes payable after March 2007.

1997, c. 10, s. 59(2); 2000, c. 30, s. 68(2)

47. (1) Subsection 252.1(2) of the Act is replaced by the following:

Accommodation rebate for tour packages

(2) If

(a) a non-resident person is the recipient of a supply made by a registrant of a tour package that includes short-term accommodation or camping accommodation,

(b) the tour package is acquired by the person otherwise than for supply in the ordinary course of a business of the person of making such supplies, and

the Minister shall, subject to subsection (8) and section 252.2, pay a rebate to the person equal to the tax paid by the person in respect of the accommodation.

1993, c. 27, s. 107(1); 1997, c. 10, s. 59(3)

(2) The portion of subsection 252.1(3) of the Act after paragraph (a) is replaced by the following:

(b) if the supply is a supply of a tour package, the tour package is acquired by the person for supply in the ordinary course of a business of the person of making supplies of tour packages,

(b.1) if the supply is a supply of accommodation, the accommodation is acquired by the person in the ordinary course of a business of the person for the purpose of making a supply (in this subsection referred to as the “subsequent supply”) of a tour package that includes the accommodation,

(c) a supply of the tour package or the subsequent supply is made to another non-resident person and payment of the consideration for the supply of the tour package or the subsequent supply, as the case may be, is made at a place outside Canada at which the supplier, or an agent of the supplier, is conducting business, and

(d) the accommodation is made available to a non-resident individual,

the Minister shall, subject to subsection (8) and section 252.2, pay a rebate to the particular person equal to the tax paid by the particular person in respect of the accommodation.

2000, c. 30, s. 68(4)

(3) Subsection 252.1(4) of the Act is repealed.

1993, c. 27, s. 107(1); 1997, c. 10, s. 59(6)F; 2000, c. 30, s. 68(7)

(4) The descriptions of A and B in paragraph 252.1(5)(a) of the Act are replaced by the following:

A is the total number of nights for which short-term accommodation included in that tour package is made available in Canada under the agreement for the supply, and

B is the total number of nights for which camping accommodation included in that tour package is made available in Canada under the agreement for the supply; and

2000, c. 30, s. 68(8)

(5) The description of C in paragraph 252.1(5)(b) of the Act is replaced by the following:

C is the total number of nights for which short-term accommodation, or camping accommodation, included in that tour package is made available in Canada under the agreement for the supply of that tour package,

2000, c. 30, s. 68(9)

(6) Subsection 252.1(6) of the Act is repealed.

1993, c. 27, s. 107(1); 2000, c. 30, s. 68(10)

(7) The portion of subsection 252.1(8) of the Act before paragraph (b) is replaced by the following:

Rebate paid by registrant

(8) If

(a) a registrant makes a supply of a tour package that includes short-term accommodation or camping accommodation to a non-resident recipient who either is an individual or is acquiring the tour package for use in the course of a business of the recipient or for supply in the ordinary course of a business of the recipient of making supplies of tour packages,

1993, c. 27, s. 107(1); 2000, c. 30, s. 68(11)

(8) Paragraph 252.1(8)(c) of the Act is replaced by the following:

(c) the amount paid or credited is equal to the amount that would be determined in respect of the supply under paragraph (5)(b), and

1993, c. 27, s. 107(1)

(9) The portion of subparagraph 252.1(8)(d)(ii) of the Act before clause (A) is replaced by the following:

(ii) if the supply of the tour package includes the short-term accommodation or camping accommodation and also includes other property or services (other than meals or property or services that are provided or rendered by the person who provides the accommodation and in connection with it), a deposit of at least 20% of the total consideration for the tour package is paid

(10) Section 252.1 of the Act is amended by adding the following after subsection (9):

Filing of information

(10) If, in accordance with subsection (8), a registrant

(a) pays to, or credits in favour of, a person an amount on account of a rebate, and

(b) in determining the registrant’s net tax for a reporting period, claims a deduction under subsection 234(2) in respect of the amount paid or credited,

the registrant shall file with the Minister prescribed information in respect of the amount in prescribed form and in prescribed manner on or before the day on or before which the registrant’s return under Division V for the reporting period in which the amount is deducted is required to be filed.

(11) Subsections (1) to (9) apply in respect of any supply of short-term accommodation, camping accommodation or a tour package that includes short-term accommodation or camping accommodation, for which accommodation is first made available after March 2007, unless

(a) the accommodation is not included in a tour package, is first made available before April 2009 and is supplied under an agreement in writing entered into before September 25, 2006; or

(b) the accommodation is included in a tour package, the first night of accommodation in Canada included in the tour package is made available before April 2009 and the tour package is supplied under an agreement in writing entered into before September 25, 2006.

(12) Subsection (10) applies in respect of any supply of a tour package

(a) for which tax under Part IX of the Act becomes payable after March 2007; and

(b) for which the supplier claimed an amount as a deduction under subsection 234(2) of the Act in respect of an amount that the supplier paid to, or credited in favour of, a non-resident person after March 2007.

2000, c. 30, s. 69(2)

48. (1) Section 252.2 of the Act is amended by adding the word “and” at the end of paragraph (e) and by repealing paragraph (f).

(2) Subsection (1) applies for the purpose of determining any rebate under section 252 or 252.1 of the Act, unless the rebate is in respect of short-term accommodation, or camping accommodation, not included in a tour package and the rebate is determined in accordance with the formula in subsection 252.1(4) of the Act.

1993, c. 27, s. 107(1)

49. (1) Paragraph 252.4(1)(a) of the French version of the Act is replaced by the following:

a) la fourniture de biens ou de services relatifs au congrès, effectué par un inscrit qui est l’organisateur du congrès;

2000, c. 30, s. 70(3)

(2) Paragraphs 252.4(3)(a) and (b) of the Act are replaced by the following:

(a) the tax paid by the organizer calculated on that part of the consideration for the supply or on that part of the value of property that is reasonably attributable to the convention facility or related convention supplies other than property or services that are food or beverages or are supplied under a contract for catering, and

(b) 50% of the tax paid by the organizer calculated on that part of the consideration for the supply or on that part of the value of property that is reasonably attributable to related convention supplies that are food or beverages or are supplied under a contract for catering.

(3) Section 252.4 of the Act is amended by adding the following after subsection (4):

Filing of information

(5) If, in accordance with subsection (2) or (4), a registrant

(a) pays to, or credits in favour of, a person an amount on account of a rebate, and

(b) in determining the registrant’s net tax for a reporting period, claims a deduction under subsection 234(2) in respect of the amount paid or credited,

(4) Subsections (1) and (2) apply in respect of the supply, importation or bringing into a participating province of property or services in relation to, or in connection with, a convention that begins after March 2007, except that those subsections do not apply in respect of a supply of property or services in relation to, or in connection with, a convention that begins before April 2009 if the supply is made under an agreement in writing entered into before September 25, 2006.

(5) Subsection (3) applies in respect of any supply relating to a foreign convention

(a) for which tax under Part IX of the Act becomes payable after March 2007; and

(b) for which the supplier claimed an amount as a deduction under subsection 234(2) of the Act in respect of an amount that the supplier paid to, or credited in favour of, a person after March 2007.

2001, c. 15, s. 23(1)

50. (1) The portion of the definition “practitioner” in section 1 of Part II of Schedule V to the Act before paragraph (b) is replaced by the following:

“practitioner”, in respect of a supply of optom- etric, chiropractic, physiotherapy, chiropodic, podiatric, osteopathic, audiological, speech-language pathology, occupational therapy, psychological, midwifery or dietetic services, means a person who

(a) practises the profession of optometry, chiropractic, physiotherapy, chiropody, podiatry, osteopathy, audiology, speech-language pathology, occupational therapy, psychology, midwifery or dietetics, as the case may be,

(2) Subsection (1) applies to supplies made after December 28, 2006.

51. (1) Section 7 of Part II of Schedule V to the Act is amended by striking out the word “and” at the end of paragraph (i), by adding the word “and” at the end of paragraph (j) and by adding the following after paragraph (j):

(k) midwifery services.

(2) Subsection (1) applies to supplies made after December 28, 2006.

52. (1) Part V of Schedule VI to the Act is amended by adding the following after section 10:

10.1 A supply of intangible personal property made to a non-resident person who is not registered under Subdivision d of Division V of Part IX of the Act at the time the supply is made, but not including

(a) a supply made to an individual unless the individual is outside Canada at that time;

(b) a supply of intangible personal property that relates to

(i) real property situated in Canada,

(ii) tangible personal property ordinarily situated in Canada, or

(iii) a service the supply of which is made in Canada and is not a zero-rated supply described by any section of this Part or Part VII or IX;

(c) a supply that is the making available of a telecommunications facility that is intangible personal property for use in providing a service described in paragraph (a) of the definition “telecommunication service” in subsection 123(1) of the Act;

(d) a supply of intangible personal property that may only be used in Canada; or

(e) a prescribed supply.

(2) Subsection (1) is deemed to have come into force on December 17, 1990 except that section 10.1 of Part V of Schedule VI to the Act, as enacted by subsection (1), does not apply to any supply in respect of which the supplier, before March 20, 2007, charged or collected any amount as or on account of tax under Part IX of the Act.

(3) For the purposes of applying section 10.1 of Part V of Schedule VI to the Act, as enacted by subsection (1), the definitions “telecommunication service” and “telecommunications facility” in subsection 123(1) of the Act are deemed to have come into force on December 17, 1990.

(4) If an amount was taken into account in assessing the net tax of a person under section 296 of the Act for a reporting period of the person as tax that became collectible by the person in respect of a supply made by the person before March 20, 2007 and, by reason of the application of section 10.1 of Part V of Schedule VI to the Act, as enacted by subsection (1), no tax was collectible by the person in respect of the supply,

(a) the person shall be entitled until the day that is two years after the day on which this Act receives royal assent to request in writing that the Minister of National Revenue make an assessment, reassessment or additional assessment for the purpose of taking into account that no tax was collectible by the person in respect of the supply; and

(b) on receipt of a request under paragraph (a), the Minister shall with all due dispatch

(i) consider the request, and

(ii) under section 296 of the Act and despite section 298 of the Act, assess, reassess or make an additional assessment of the net tax of the person for any reporting period of the person and of any interest, penalty or other obligation of the person, but only to the extent that the assessment, reassessment or additional assessment may reasonably be regarded as relating to the supply.

Coordinating Amendments

Bill C-40

53. If Bill C-40, introduced in the 1st session of the 39th Parliament and entitled the Sales Tax Amendments Act, 2006 (the “other Act”), receives royal assent and the day of that assent is later than or the same day as the day on which this Act receives royal assent, then

(a) subsections 34(1) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(1) of this Act comes into force;

(b) subsections 34(2) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(2) of this Act comes into force;

(c) subsections 34(3) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(8) of this Act comes into force;

(d) subsections 34(3) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 47(9) of this Act comes into force; and

(e) subsections 52(1) and (4) of the other Act are deemed to have come into force on the day before the day on which subsection 50(1) of this Act comes into force.

PART 4

OTHER MEASURES RELATING TO TAXATION

1997, c. 36

Customs Tariff

54. (1) The Description of Goods of tariff item No. 9804.10.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference to “two hundred dollars” with a reference to “four hundred dollars”.

(2) Subsection (1) is deemed to have come into force on March 20, 2007.

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

Federal-Provincial Fiscal Arrangements Act

55. Section 34 of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

Payments in respect of provincial tax or fee imposed by participating province

34. Where, in respect of any transaction, matter or thing, a provincial tax or fee is imposed or levied under a law of a participating province and the provincial tax or fee would be payable by a corporation included in Schedule I if that law were applicable to the corporation, the corporation shall, in respect of any such transaction, matter or thing, pay the provincial tax or fee so imposed or levied as and when it would be required to do so if that law were applicable to it.

56. Schedule I to the Act is amended by adding the following at the end of that Schedule:

Any corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration Act, of a corporation listed in this Schedule.

Toute personne morale qui est la filiale à cent pour cent, au sens du paragraphe 83(1) de la Loi sur la gestion des finances publiques, d’une personne morale figurant à la présente annexe.

Coming into force

57. Sections 55 and 56 are deemed to have come into force on July 1, 2000.

Payments to Ontario

Payment of $250,000,000

58. For the fiscal year beginning on April 1, 2007, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $250,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.

Payment of $150,000,000

59. For the fiscal year beginning on April 1, 2008, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $150,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.

PART 5

TAX-BACK GUARANTEE ACT

Enactment of Act

60. The Tax-back Guarantee Act is enacted as follows:

An Act to dedicate to personal tax relief imputed interest savings resulting from reductions of federal debt

Short title

1. This Act may be cited as the Tax-back Guarantee Act.

Direction to provide personal tax relief

2. The Government of Canada shall apply any imputed interest savings resulting from reductions of federal debt to measures that provide tax relief for individuals.

Meaning of “federal debt”

3. In this Act, “federal debt” means the accumulated deficit as stated in the Public Accounts prepared in accordance with sections 63 and 64 of the Financial Administration Act in respect of a fiscal year.

Imputed interest savings

4. The imputed interest savings in respect of a fiscal year of the Government of Canada is the amount determined by the Minister of Finance to be the product of multiplying the total amount by which federal debt was reduced in the year by the effective interest rate for the year.

Effective interest rate

5. The effective interest rate for a fiscal year is the ratio of the amount of public debt charges related to unmatured debt (as stated in the Public Accounts for the year) to the average amount of unmatured debt for the year (determined by dividing by two the sum of the amount of unmatured debt at the beginning of the year and the amount of unmatured debt at the end of the year, as those amounts are stated in the Public Accounts for the year).

Public announcement

6. At least once every fiscal year, the Minister of Finance shall report, by way of a statement tabled in the House of Commons or other public announcement,

(a) the finalized determination of the imputed interest savings in respect of the previous fiscal year; and

(b) an accounting of the measures to which those savings have been applied in accord-ance with section 2.

PART 6

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

FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT

Amendments to Act

2002, c. 7, s. 170

61. Subsection 2(2) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

Definition of “province”

(2) In Parts I, I.1 and II, “province” does not include Yukon, the Northwest Territories or Nunavut.

1999, c. 11, s. 2(7); 2004, c. 22, s. 3(1); 2005, c. 7, s. 1(1); 2006, c. 4, ss. 182 to 188

62. Parts I and I.1 of the Act are replaced by the following:

PART I

FISCAL EQUALIZATION PAYMENTS

Fiscal Equalization Payments to Provinces

Fiscal equalization payment

3. Subject to the other provisions of this Act, there may be paid to a province a fiscal equalization payment not exceeding the amounts determined under this Part for each fiscal year in the period beginning on April 1, 2007 and ending on March 31, 2014.

Fiscal year 2007-2008

3.1 The fiscal equalization payment that may be paid to a province for the fiscal year beginning on April 1, 2007 is equal to,

(a) for Ontario, $0;

(b) for Quebec, $7,160,352,000;

(d) for New Brunswick, $1,476,523,000;

(e) for Manitoba, $1,825,796,000;

(f) for British Columbia, $0;

(g) for Prince Edward Island, $293,958,000;

(h) for Saskatchewan, $226,146,000;

(i) for Alberta, $0; and

(j) for Newfoundland and Labrador, $477,374,000.

General rule

3.2 (1) Subject to the other provisions of this Part, the fiscal equalization payment that may be paid to a province for a fiscal year beginning after March 31, 2008 is the amount, as determined by the Minister, equal to the greater of

(a) the amount determined by the formula

(A + B) × C

where

A is the aggregate of the amounts obtained by subtracting, for each revenue source except the one referred to in paragraph (e) of the definition “revenue source” in subsection 3.5(1), the average annual per capita yield in that province for the revenue source for that fiscal year from the average annual per capita national yield for the revenue source for that fiscal year,

B is 50% of the amount obtained by subtracting, for the revenue source referred to in paragraph (e) of the definition “revenue source” in subsection 3.5(1), the average annual per capita revenue to be equalized for that province for that fiscal year from the average annual per capita national revenue to be equalized for that fiscal year, and

C is the average annual population of that province for that fiscal year, and

(b) the amount determined by the formula

A × C

where

A and C have the same meaning as in paragraph (a).

Province may elect otherwise

(2) Despite subsection (1), a province may elect, at the prescribed time and in the prescribed manner, that the fiscal equalization payment that may be paid to that province for a fiscal year be equal to the amount determined by the formula set out in paragraph (1)(a).

Negative amount

(3) For the purposes of this Part, if the amount of a fiscal equalization payment computed in accordance with subsection (1) or (2) is negative, that amount is considered to be zero.

Transitional payments — British Columbia

3.3 The Minister may pay to British Columbia a transitional fiscal equalization payment, for any fiscal year in the period beginning on April 1, 2008 and ending on March 31, 2010, that is equal to the amount by which

(a) the amount of the fiscal equalization payment that would be computed for that province for that fiscal year in accordance with subsection 3.2(1) — or subsection 3.2(2) if the election described in that subsection is made — if, in computing the amount of that payment, that province’s revenue base in respect of the revenue source referred to in paragraph (d) of the definition “revenue source” in subsection 3.5(1) were determined in the manner set out in the regulations made for the purposes of this section

is greater than

(b) the amount of the fiscal equalization payment that is computed for that province for that fiscal year in accordance with subsection 3.2(1) or subsection 3.2(2), as the case may be.

Maximum fiscal equalization payment

3.4 (1) The fiscal equalization payment that may be paid to a province for a fiscal year shall be reduced if the amount that may be paid to that province for that fiscal year in accordance with section 3.2 — or, in the case of British Columbia, the aggregate of the amounts that may be paid to that province for that fiscal year in accordance with sections 3.2 and 3.3 — would, if paid, result in that province having, in that fiscal year, a total per capita fiscal capacity that is greater than the per capita fiscal capacity of any province that would not receive a fiscal equalization payment for that fiscal year if the amount of that payment were determined by the formula set out in paragraph 3.2(1)(a).

Computation of reduction

(2) The reduction of the fiscal equalization payment with respect to a province under subsection (1) is equal to the amount determined by the formula

(A - B) × C

where

A is the total per capita fiscal capacity of that province in that fiscal year;

B is the per capita fiscal capacity of the province that has the lowest per capita fiscal capacity in that fiscal year and that would not receive a fiscal equalization payment for that fiscal year if the amount of that payment were determined by the formula set out in paragraph 3.2(1)(a); and

C is the average annual population of that province for that fiscal year.

Definition of “per capita fiscal capacity”

(3) For the purposes of this section, “per capita fiscal capacity” means, in respect of a province for a fiscal year, the amount determined by the formula

A + B

where

A and B have the same meaning as in the definition “total per capita fiscal capacity” in subsection 3.5(1).

Interpretation

3.5 (1) The following definitions apply in this section and in sections 3 to 3.4.

“average annual per capita national revenue to be equalized”
« revenu national annuel moyen sujet à péréquation par habitant »

“average annual per capita national revenue to be equalized” means, for a fiscal year for a revenue source, the amount determined by the formula

(A/2 + B/4 + C/4) / D

where

A is the national revenue to be equalized for that revenue source for the fiscal year that is two years prior to that fiscal year;

B is the national revenue to be equalized for that revenue source for the fiscal year that is three years prior to that fiscal year;

C is the national revenue to be equalized for that revenue source for the fiscal year that is four years prior to that fiscal year; and

D is the aggregate of the average annual population of all provinces for that fiscal year.

“average annual per capita national yield”
« rendement national annuel moyen par habitant »

“average annual per capita national yield” means, for a revenue source for a fiscal year, the amount determined by the formula

(A/2 + B/4 + C/4) / D

where

A is the national yield for that revenue source for the fiscal year that is two years prior to that fiscal year;

B is the national yield for that revenue source for the fiscal year that is three years prior to that fiscal year;

C is the national yield for that revenue source for the fiscal year that is four years prior to that fiscal year; and

D is the aggregate of the average annual population of all provinces for that fiscal year.

“average annual per capita revenue to be equalized”
« revenu annuel moyen sujet à péréquation par habitant »

“average annual per capita revenue to be equalized” means, in respect of a province for a revenue source for a fiscal year, the amount determined by the formula

(A/2 + B/4 + C/4) / D

where

A is the revenue to be equalized for that revenue source for the fiscal year that is two years prior to that fiscal year;

B is the revenue to be equalized for that revenue source for the fiscal year that is three years prior to that fiscal year;

C is the revenue to be equalized for that revenue source for the fiscal year that is four years prior to that fiscal year; and

D is the average annual population of that province for that fiscal year.

“average annual per capita yield”
« rendement annuel moyen par habitant »

“average annual per capita yield” means, in respect of a province for a revenue source for a fiscal year, an amount determined by the formula

(A/2 + B/4 + C/4) / D

where

A is the yield for that revenue source for the fiscal year that is two years prior to that fiscal year;

B is the yield for that revenue source for the fiscal year that is three years prior to that fiscal year;

C is the yield for that revenue source for the fiscal year that is four years prior to that fiscal year; and

D is the average annual population of that province for that fiscal year.

“average annual population”
« population annuelle moyenne »

“average annual population” means, in respect of a province for a fiscal year, the amount determined by the formula

A/2 + B/4 + C/4

where

A is the population of that province for the fiscal year that is two years prior to that fiscal year;

B is the population of that province for the fiscal year that is three years prior to that fiscal year; and

C is the population of that province for the fiscal year that is four years prior to that fiscal year.

“national average rate of tax”
« taux d’imposition national moyen »

“national average rate of tax” means, in respect of a revenue source, the rate equal to the quotient obtained by dividing the aggregate of the revenue to be equalized for a revenue source for a fiscal year for all provinces by the revenue base in respect of that revenue source for that fiscal year for all provinces.

“national revenue to be equalized”
« revenu national sujet à péréquation »

“national revenue to be equalized” means, in respect of a revenue source for a fiscal year, the amount equal to the aggregate of the revenue to be equalized for that revenue source for that fiscal year for all provinces.

“national yield”
« rendement national »

“national yield” means, for a revenue source for a fiscal year, the product obtained by multiplying the national average rate of tax for that revenue source for that fiscal year by the aggregate revenue base of all provinces in respect of that revenue source for that fiscal year.

“revenue base”
« assiette »

“revenue base” means, in respect of a revenue source for a province for a fiscal year, the measure of the relative capacity of that province to derive revenue from that revenue source for that fiscal year and may be defined more particularly by the regulations.

“revenue source”
« source de revenu »

“revenue source” means any of the following sources from which provincial revenues are or may be derived:

(a) revenues relating to personal income;

(b) revenues relating to business income;

(d) revenues derived from property taxes and miscellaneous revenues; and

(e) revenues derived from natural resources.

“revenue to be equalized”
« revenu sujet à péréquation »

“revenue to be equalized” means, in respect of a revenue source for a province for a fiscal year, the revenue, as determined by the Minister, derived by that province for that fiscal year from that revenue source and may be defined more particularly by the regulations.

“total per capita fiscal capacity”
« capacité fiscale totale par habitant »

“total per capita fiscal capacity” means, in respect of a province for a fiscal year, the amount determined by the formula

A + B + [(C + D + E) / F]

where

A is the aggregate of that province’s average annual per capita yield for each revenue source, except the one referred to in paragraph (e) of the definition “revenue source”, for that fiscal year;

B is that province’s average annual per capita revenue to be equalized, for the revenue source referred to in paragraph (e) of the definition “revenue source”, for that fiscal year;

C is any fiscal equalization payment that may be paid to that province for that fiscal year if the amount of that payment were determined in accordance with section 3.2 — or, in the case of British Columbia, sections 3.2 and 3.3 — without regard to section 3.4;

D is, with respect to Newfoundland and Labrador, any amount that may be paid to that province for that fiscal year under the Canada-Newfoundland Atlantic Accord Implementation Act;

E is, with respect to Nova Scotia or Newfoundland and Labrador, any amount that may be paid to that province for that fiscal year in accordance with sections 7, 8, 10 to 14, 21, 22, and 24 to 28 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act; and

F is the average annual population of that province for that fiscal year.

“yield”
« rendement »

“yield” means, in respect of a province for a revenue source for a fiscal year, an amount equal to the product obtained by multiplying the national average rate of tax for that revenue source for that fiscal year by that province’s revenue base for that revenue source for that fiscal year.

Deduction in computing revenue to be equalized

(2) In computing the revenue to be equalized from the revenue source described in paragraph (a) of the definition “revenue source” in subsection (1) for all the provinces for a fiscal year, the Minister may deduct from the amount that, but for this subsection, would be the revenue to be equalized from that revenue source for all the provinces for that fiscal year, the amount, as estimated by the Minister, by which the revenues derived by Canada under the Income Tax Act from personal income taxes for the taxation year ending in that fiscal year are less than the revenues that would have been derived by Canada under that Act from those taxes if no special abatement of those taxes had been provided under subsection 120(2) of that Act or Part VI of this Act.

Municipal property taxes and miscellaneous revenues and taxes

(3) For the purpose of determining the revenue to be equalized derived by a province for a fiscal year, in the case of the part of the revenue source referred to in paragraph (d) of the definition “revenue source” in subsection (1) that consists of local government property taxes and revenues from sales of goods and services and miscellaneous local government taxes and revenues, the aggregate of the revenue derived from that part of the revenue source by each municipality, board, commission or other local authority in that province that has power to derive those revenues for the financial year of each such local authority ending in that fiscal year is deemed to be revenue derived by that province from that revenue source for that fiscal year.

Nova Scotia and Newfoundland and Labrador

Computation of fiscal equalization payments

3.6 (1) The fiscal equalization payment that may be paid to Nova Scotia and the fiscal equalization payment that may be paid to Newfoundland and Labrador, for each fiscal year beginning after March 31, 2008, is the amount, as determined by the Minister, equal to the amount determined by the formula

(A - B) × C

where

A is the per capita equalization standard for that fiscal year;

B is the aggregate of the average annual per capita yield in that province for each revenue source for that fiscal year; and

C is the average annual population of that province for that fiscal year.

Per capita equalization standard

(2) For the purposes of subsection (1), the Minister shall determine the per capita equalization standard for a fiscal year as if, for that fiscal year, the amount of the fiscal equalization payment that may be paid to all provinces were computed in the manner described in that subsection and shall, in making that determination, ensure that

(a) the amount determined by the following formula would be the same with respect to every province that would receive a fiscal equalization payment:

A + (B / C)

where

A is the aggregate of the average annual per capita yield in that province for each revenue source for that fiscal year,

B is the amount of the fiscal equalization payment that would be received by that province for that fiscal year, and

C is the average annual population of that province for that fiscal year; and

(b) the aggregate of the fiscal equalization payments that may be paid to the provinces for that fiscal year would be equal to,

(i) for the fiscal year beginning on April 1, 2005, $10,900,000,000,

(ii) for the fiscal year beginning on April 1, 2006, the product obtained by multiplying $10,900,000,000 by 1.035, and

(iii) for each subsequent fiscal year, the product obtained by multiplying the amount computed for the immediately preceding fiscal year by 1.035.

Election for fiscal year 2007-2008

3.7 (1) The Minister of Finance of Nova Scotia or of Newfoundland and Labrador, as the case may be, may elect, for the fiscal year beginning on April 1, 2007, that the fiscal equalization payment that may be paid to that province be equal to $1,464,528,000 for Nova Scotia and $520,510,000 or $732,462,000 for Newfoundland and Labrador, rather than the amount set out under section 3.1. The election must be communicated to the Minister in writing on or before March 1, 2008.

Effect — election by Newfoundland and Labrador

(2) If Newfoundland and Labrador elects to receive, under subsection (1), $520,510,000, that province is considered to have made the election under subsection 3.2(2).

Election for subsequent fiscal years

(3) For any fiscal year beginning after March 31, 2008, Nova Scotia or Newfoundland and Labrador, as the case may be, may elect, at the prescribed time and in the prescribed manner, that the amount of the fiscal equalization payment that may be paid to that province be determined under sections 3.2 and 3.4, rather than under subsection 3.6(1).

Effect of election

(4) As soon as a province makes the election under subsection (3), section 3.6 ceases to apply to that province.

Fiscal year 2012-2013 and later

3.8 (1) For a fiscal year beginning after March 31, 2012, the fiscal equalization payment that may be paid to Nova Scotia or Newfoundland and Labrador, as the case may be, shall be determined under sections 3.2 and 3.4 and not subsection 3.6(1) if, for that fiscal year,

(a) in the case of Nova Scotia, the province does not meet the conditions under paragraphs 12(1)(a) and (b) of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act and is not receiving any transitional payments under section 14 of that Act; and

(b) in the case of Newfoundland and Labrador, the province does not meet the conditions under paragraphs 26(1)(a) and (b) of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act and is not receiving any transitional payments under section 28 of that Act.

Effect for subsequent fiscal years

(2) As soon as, under subsection (1), the fiscal equalization payment that may be paid for a fiscal year to Nova Scotia or to Newfoundland and Labrador, as the case may be, is to be determined under sections 3.2 and 3.4, section 3.6 ceases to apply to that province.

Interpretation

3.9 (1) The following definitions apply in this section and in sections 3.6 to 3.8.

“average annual per capita yield”
« rendement annual moyen par habitant »

“average annual per capita yield” means, in respect of a province for a revenue source for a fiscal year, the amount determined by the formula

(A + B + C) / (D + E + F)

where

A is the yield for that revenue source for the fiscal year that is one year prior to that fiscal year;

B is the yield for that revenue source for the fiscal year that is two years prior to that fiscal year;

C is the yield for that revenue source for the fiscal year that is three years prior to that fiscal year;

D is the population of that province for the fiscal year that is one year prior to that fiscal year;

E is the population of that province for the fiscal year that is two years prior to that fiscal year; and

F is the population of that province for the fiscal year that is three years prior to that fiscal year.

“average annual population”
« population annuelle moyenne »

“average annual population” means, in respect of a province for a fiscal year, the amount determined by the formula

(A + B + C) / 3

where

A is the population of that province for the fiscal year that is one year prior to that fiscal year;

B is the population of that province for the fiscal year that is two years prior to that fiscal year; and

C is the population of that province for the fiscal year that is three years prior to that fiscal year.

“yield”
« rendement »

Terminology

(2) For the purposes of this section and sections 3.6 to 3.8, the following expressions have the same meaning as in subsection 4(2) of this Act as it read on March 13, 2004:

(a) “national average rate of tax”;

(b) “revenue base”;

(d) “revenue to be equalized”.

Deduction in computing revenue to be equalized

(3) In computing the revenue to be equalized from personal incomes taxes — referred to in paragraph (a) of the definition “revenue source” referred to in subsection (2) — for all the provinces for a fiscal year, the Minister may deduct from the amount that, but for this subsection, would be the revenue to be equalized from that revenue source for all the provinces for that fiscal year, the amount, as estimated by the Minister, by which the revenues derived by Canada under the Income Tax Act from personal income taxes for the taxation year ending in that fiscal year are less than the revenues that would have been derived by Canada under that Act from those taxes if no special abatement of those taxes had been provided under subsection 120(2) of that Act or Part VI of this Act.

Municipal property taxes and miscellaneous revenues and taxes

(4) For the purpose of determining the revenue to be equalized derived by a province for a fiscal year from the revenue sources referred to in paragraphs (a) and (b), the following are deemed to be revenues derived by that province for that fiscal year from those revenue sources:

(a) in the case of the part of the revenue source referred to in paragraph (z) of the definition “revenue source” referred to in subsection (2) that consists of local government property taxes, the aggregate of the revenue derived from that part of the revenue source by each municipality, board, commission or other local authority in that province that has power to levy property taxes for the financial year of each such local authority ending in that fiscal year; and

(b) in the case of the part of the revenue source referred to in paragraph (z.4) of the definition “revenue source” referred to in subsection (2) that consists of local government revenues from sales of goods and services and miscellaneous local government taxes and revenues, the aggregate of the revenue derived from that part of the revenue source by each municipality, board, commission or other local authority in that province that has power to derive those revenues for the financial year of each such local authority ending in that fiscal year.

Adjustment of revenue to be equalized

(5) Subject to subsection (6), if, for a fiscal year, a province would be entitled to receive a fiscal equalization payment under section 3.6, computed as if that section applied to that province, and if that province has seventy per cent or more of the revenue base for all of the provinces in that fiscal year in respect of a revenue source, the revenue to be equalized from that revenue source for all of the provinces for that fiscal year is an amount equal to seventy per cent of the revenue to be equalized as otherwise determined from that revenue source for all of the provinces for that fiscal year.

Election

(6) In order for subsection (5) to apply to Nova Scotia or to Newfoundland and Labrador, in respect of the revenue source referred to in paragraph (z.5) of the definition “revenue source” referred to in subsection (2), Nova Scotia or Newfoundland and Labrador, as the case may be, shall make an election at the prescribed time and in the prescribed manner.

Effect of election under subsection (6)

(7) Despite any provision of the Canada-Newfoundland Atlantic Accord Implementation Act, if Newfoundland and Labrador makes the election described in subsection (6) for a fiscal year, the fiscal equalization offset payment that may otherwise be payable to the province under that Act is, for that fiscal year, zero.

General

Time of calculation

3.91 The fiscal equalization payment that may be paid to a province for a fiscal year shall be calculated, at a time determined by the Minister, no later than three months before that fiscal year begins.

Underpayment

3.92 If the Minister determines that the Minister has underpaid any amounts payable to a province under this Part, the Minister may pay that province an amount equal to the underpayment.

Overpayment

3.93 If the Minister determines that the Minister has overpaid any amounts paid to a province for a fiscal year under this Part, the Minister may recover the amount of that overpayment from

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

(b) that province as a debt due to Her Majesty in right of Canada.

Time and manner of payments

3.94 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister, any amounts authorized to be paid by this Part at the times and in the manner that the Minister considers appropriate.

Recovery

3.95 If the Minister has made a payment to a province under subsection 4.2(1) of this Act as it read on the day before the day on which this section comes into force, the Minister shall, in the prescribed amounts, reduce the fiscal equalization payments to that province for the fiscal years in the period beginning on April 1, 2007 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 that province pursuant to this Act or any other Act of Parliament.

PART I.1

TERRITORIAL FINANCING

Interpretation

Definitions

4. (1) The following definitions apply in this Part.

“eligible revenues”
« revenus admissibles »

“eligible revenues” means, in respect of a territory for a fiscal year, the amount equal to the product obtained by multiplying the fiscal capacity of that territory for that fiscal year by 0.70.

“fiscal capacity”
« capacité fiscale »

“fiscal capacity” means, in respect of a territory for a fiscal year, the amount determined by the formula

(A + B + C) / 3 + D

where

A is the aggregate of the yields in that territory for each revenue source for the fiscal year that is two years prior to that fiscal year;

B is the aggregate of the yields in that territory for each revenue source for the fiscal year that is three years prior to that fiscal year;

C is the aggregate of the yields in that territory for each revenue source for the fiscal year that is four years prior to that fiscal year; and

D is the revenue block for that fiscal year.

“gross expenditure base”
« base des dépenses brutes »

“gross expenditure base” means,

(a) for the fiscal year beginning on April 1, 2006, an amount equal to

(i) $593,265,276 in respect of Yukon,

(ii) $922,797,073 in respect of the Northwest Territories, and

(iii) $931,390,618 in respect of Nunavut; and

(b) in respect of a territory, for each subsequent fiscal year, an amount determined by the formula

(A × B) + C

where

A is the amount determined to be the gross expenditure base for that territory for the fiscal year preceding that fiscal year,

B is the population adjusted gross expenditure escalator for that territory for that fiscal year, and

C is the gross expenditure base adjustment determined under paragraph 4.2(a) for that territory for that fiscal year.

“national average rate of tax”
« taux d’imposition national moyen »

“national average rate of tax” means, in respect of a revenue source, the rate equal to the quotient obtained by dividing the aggregate of the revenue to be equalized for a revenue source for a fiscal year for all provinces and territories by the revenue base in respect of that revenue source for that fiscal year for all provinces and territories.

“population adjusted gross expenditure escalator”
« facteur de majoration des dépenses brutes rajustées en fonction de la population »

“population adjusted gross expenditure escalator” means, in respect of a territory for a fiscal year, a factor equal to the product obtained by multiplying

(a) the population adjustment factor for that territory for the fiscal year that is two years prior to that fiscal year

(b) the provincial local government expenditure index for the fiscal year that is two years prior to that fiscal year.

“population adjustment factor”
« facteur de rajustement en fonction de la population »

“population adjustment factor” means, in respect of a territory for a fiscal year, the measure of the population growth of that territory relative to the population growth of Canada and may be defined more particularly by the regulations.

“provincial local government expenditure index”
« indice provincial des dépenses des administrations locales »

“provincial local government expenditure index” means, for a fiscal year, the measure of changes in provincial and territorial government spending on programs and services and may be defined more particularly by the regulations.

“revenue base”
« assiette »

“revenue base” means, in respect of a revenue source for a territory for a fiscal year, the measure of the relative capacity of that territory to derive revenue from that revenue source for that fiscal year and may be defined more particularly by the regulations.

“revenue block”
« bloc de revenus »

“revenue block” means,

(a) for the fiscal year beginning on April 1, 2006, an amount equal to

(i) $54,530,841 in respect of Yukon,

(ii) $107,538,446 in respect of the Northwest Territories, and

(iii) $89,338,774 in respect of Nunavut; and

(b) in respect of a territory, for each subsequent fiscal year, the amount equal to the product obtained by multiplying the amount of the revenue block for the previous fiscal year for that territory by 1.02.

“revenue source”
« source de revenu »

“revenue source” means any of the following sources from which territorial revenues are or may be derived:

(a) revenues derived from personal income;

(b) revenues derived from corporate income and government business enterprises;

(d) revenues derived from motive fuel taxes from the sale of gasoline;

(e) revenues derived from motive fuel taxes from the sale of diesel fuel;

(f) revenues derived from the sale of alcoholic beverages; and

(g) revenues derived from payroll taxes.

“revenue to be equalized”
« revenu sujet à péréquation »

“revenue to be equalized”, in respect of a revenue source for a territory for a fiscal year, means the revenue, as determined by the Minister, derived by that territory for that fiscal year from that revenue source and may be defined more particularly by the regulations.

“superannuation adjustment”
« montant de l’indexation des pensions »

“superannuation adjustment” means,

(a) for the fiscal year beginning on April 1, 2006, an amount equal to

(i) $12,471,453 with respect to Yukon,

(ii) $18,340,573 with respect to the Northwest Territories, and

(iii) $11,108,311 with respect to Nunavut; and

(b) in respect of a territory, for each subsequent fiscal year, the amount determined by the Minister of Public Works and Government Services to be equal to, with respect to the fiscal year that is two years prior to that fiscal year, the difference between the amount of the superannuation contribution that is payable by that territory under the Public Service Superannuation Act and the amount that would be payable by that territory under that Act as it read on June 16, 1999.

“yield”
« rendement »

“yield” means, in respect of a territory for a revenue source for a fiscal year, an amount equal to the aggregate of

(a) the product obtained by multiplying the national average rate of tax for that revenue source for that fiscal year by that territory’s revenue base in respect of that revenue source for that fiscal year, and

(b) the yield adjustment determined under paragraph 4.2(b) for that fiscal year.

Determination of gross expenditure base

(2) For the purposes of the definition “gross expenditure base” in subsection (1), the amount determined to be the gross expenditure base in respect of a territory for any preceding fiscal year may be recalculated by the Minister at any time to take into account changes to the prescribed data relating to the population adjusted gross expenditure escalator.

Territorial Formula Financing Payments

Territorial formula financing payments

4.1 (1) Subject to the other provisions of this Act, there may be paid to a territory a territorial formula financing payment not exceeding the amounts determined under this Part for each fiscal year in the period beginning on April 1, 2007 and ending on March 31, 2014.

Fiscal year 2007-2008

(2) The territorial formula financing payment that may be paid to a territory for the fiscal year beginning on April 1, 2007 is equal to,

(a) for Yukon, $540,095,000;

(b) for the Northwest Territories, $788,350,000; and

Subsequent fiscal years

(3) Subject to the other provisions of this Part, the territorial formula financing payment that may be paid to a territory for a fiscal year beginning after March 31, 2008 is equal to the amount, as determined by the Minister, by which

(a) the aggregate of the gross expenditure base and the superannuation adjustment for that territory for that fiscal year

is greater than

(b) the eligible revenues for that territory for that fiscal year.

General

Powers of the Minister

4.2 The Minister may determine, in respect of a territory for a fiscal year,

(a) the amount of the gross expenditure base adjustment, in order to reflect

(i) a transfer of responsibilities between Canada and the government of a territory or the government of a territory and an aboriginal government,

(ii) the signing of land claims, comprehensive land claims or self-government agreements with aboriginal governments, and

(iii) personal income tax room sharing agreements between the government of Yukon and an aboriginal government in Yukon; and

(b) the amount of the yield adjustment, in order to reflect

(i) personal income tax room sharing agreements between the government of Yukon and an aboriginal government in Yukon,

(ii) federal statutory limitations on territo-rial revenue raising capacity, and

(iii) any fiscal capacity adjustments made, in respect of the Northwest Territories, for the fiscal years in the period beginning on April 1, 2004 and ending on March 31, 2006.

Time of calculation

4.3 The territorial formula financing payment payable to a territory for a fiscal year shall be calculated, at a time determined by the Minister, no later than three months before that fiscal year begins.

Underpayment

4.4 If the Minister determines that the Minister has underpaid any amounts payable to a territory under this Part, the Minister may pay that territory an amount equal to the underpayment.

Overpayment

4.5 If the Minister determines that the Minister has overpaid any amounts paid to a territory for a fiscal year under this Part, the Minister may recover the amount of that overpayment from

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

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

Time and manner of payments

4.6 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister, any amounts authorized to be paid by this Part at the times and in the manner that the Minister considers appropriate.

Recovery — Yukon

4.7 The Minister may recover, from any amount payable under this Part to Yukon, the amount, as determined by the Minister, that is computed under sections 7.5 and 7.7 of the Canada-Yukon Oil and Gas Accord, signed on May 28, 1993, and under section 7.27 of the Yukon Northern Affairs Program Devolution Transfer Agreement, signed on October 29, 2001.

R.S., c. 46 (4th Supp.), s. 5(1); 1999, c. 11, s. 4; 1999, c. 31, s. 236

63. Part IV of the Act is repealed.

2003, c. 15, s. 8

64. Subsection 24.1(2) of the Act is replaced by the following:

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 section 24.7.

2003, c. 15, s. 8

65. The description of M in section 24.2 of the Act is replaced by the following:

M is the amount obtained by multiplying the total equalized tax transfer for the province as determined in accordance with section 24.7 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).

66. The Act is amended by adding the following after section 24.2:

Provincial share — fiscal year 2014-2015 and later

24.21 Any cash contribution in the nature of contributions referred to in paragraph 24.1(1)(a) that is provided to a province under this Act for any fiscal year beginning after March 31, 2014 is to be determined by multiplying the total of such cash contributions to be provided to all the provinces for that fiscal year by the quotient obtained by dividing

(a) the population of that province for that fiscal year

(b) the total of the population of all provinces for that fiscal year.

2003, c. 15, s. 8

67. Paragraph 24.3(1)(c) of the Act is replaced by the following:

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

2003, c. 15, s. 8

68. (1) Paragraph 24.4(1)(a) of the Act is amended by striking out the word “and” at the end of subparagraph (iv) and by replac- ing subparagraph (v) with the following:

(v) $9.487 billion for the fiscal year beginning on April 1, 2007,

(vi) $10.537 billion for the fiscal year beginning on April 1, 2008, and

(vii) the product obtained by multiplying the cash contribution for the immediately preceding fiscal year by 1.03, rounded to the nearest thousand, for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014.

2003, c. 15, s. 8

(2) Subsection 24.4(2) of the Act is replaced by the following:

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 section 24.7.

2003, c. 15, s. 8

69. (1) The portion of section 24.5 of the Act before the description of K is replaced by the following:

Provincial share: fiscal year 2006-2007 and earlier

24.5 The cash contribution established under any of subparagraphs 24.4(1)(a)(i) to (iv) that may be provided to a province for the fiscal year mentioned in that subparagraph is the amount determined by the formula

F × (K/L) - M

where

F is the total of the amounts established under subparagraphs 24.4(1)(a)(i) to (iv) and paragraph 24.4(1)(b) for the fiscal year;

2003, c. 15, s. 8

(2) The description of M in section 24.5 of the Act is replaced by the following:

M is the amount obtained by multiplying the total equalized tax transfer for the province as determined in accordance with section 24.7 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).

70. The Act is amended by adding the following after section 24.5:

Provincial share — fiscal year 2007-2008 and later

24.51 The cash contribution established under any of subparagraphs 24.4(1)(a)(v) to (vii) that may be provided to a province for the fiscal year mentioned in that subparagraph is the amount determined by multiplying the amount established under that subparagraph for that fiscal year by the quotient obtained by dividing

(a) the population of the province for that fiscal year

(b) the total of the population of all provinces for that fiscal year.

2003, c. 15, s. 8

71. (1) The portion of subsection 24.7(1) of the Act before paragraph (a) is replaced by the following:

Total equalized tax transfer — fiscal years 2004-2005 to 2006-2007

24.7 (1) The total equalized tax transfer applicable to a province for each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2007 is the aggregate of

2005, c. 7, s. 4(1)

(2) The portion of subparagraph 24.7(1)(b)(ii) of the Act before clause (A) is replaced by the following:

(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 that Part 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

2005, c. 7, s. 4(2)

(3) Paragraph 24.7(1.1)(a) of the Act is replaced by the following:

(a) for each fiscal year in the period beginning on April 1, 2005 and ending on March 31, 2007, the equalization payment shall be the equalization payment that would be payable to the province for the fiscal year under Part I, as that Part read on March 28, 2007; and

2005, c. 7, s. 4(2)

(4) Subparagraph 24.7(1.1)(b)(i) of the Act is replaced by the following:

(i) in the case of a province that receives an additional fiscal equalization payment under subsection 4(3), as it read on March 28, 2007, 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

2003, c. 15, s. 4(2)

(5) Subparagraph 24.7(1.1)(b)(ii) of the English version of the Act is replaced by the following:

(ii) in the case of a province that does not receive an additional fiscal equalization payment under subsection 4(3), as it read on March 28, 2007, the final computation in respect of the fiscal year.

(6) Section 24.7 of the Act is amended by adding the following after subsection (1.1):

Total equalized tax transfer — fiscal year 2007-2008 and later

(1.2) The total equalized tax transfer applica- ble to a province for each fiscal year beginning after March 31, 2007 is the aggregate of

(a) the total amount, as determined by the Minister, for that fiscal year represented by the federal income tax reduction in that province in respect of the Canada Health Transfer and the Canada Social Transfer for that fiscal year, and

(b) the amount equal to the lesser of

(i) the equalization payment payable to that province for that fiscal year under Part I, and

(ii) an amount of equalization equal to the greater of

(A) the product obtained by multiplying

(I) the aggregate of the amounts obtained by subtracting, for each revenue source referred to in paragraphs (a) and (b) of the definition “revenue source” in subsection 3.5(1), the per capita yield for that province for that fiscal year from the per capita national yield for that fiscal year

(II) the population of that province for that fiscal year, and

(B) zero.

Revenue sources

(1.3) For the purposes of the calculation under subparagraph (1.2)(b)(ii), the relevant revenue bases, per capita yield and per capita national yield are to be determined in the prescribed manner.

2003, c. 15, s. 8

(7) The portion of subsection 24.7(2) of the Act before paragraph (a) is replaced by the following:

Federal income tax reduction

(2) For the purposes of subsections (1) and (1.2), 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

72. The Act is amended by adding the following after section 24.7:

Transition Protection

Prevention of transfer declines — Canada Health Transfer

24.701 (1) The Minister may pay to a province an additional cash payment for each fiscal year beginning after March 31, 2007 equal to the amount by which

(a) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for the fiscal year beginning on April 1, 2007 as calculated under this Act, as it read on March 28, 2007

exceeds

(b) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for each of those fiscal years as calculated under this Act as it reads on the day on which this subsection comes into force.

Prevention of transfer declines — Canada Social Transfer

(2) The Minister may pay to a province an additional cash payment for each fiscal year beginning after March 31, 2007 equal to the amount by which

(a) the cash contribution established under paragraph 24.4(1)(a) to be provided to that province for the fiscal year beginning on April 1, 2007 as calculated under this Act, as it read on March 28, 2007

exceeds

(b) the cash contribution established under paragraph 24.4(1)(a) to be provided to that province for each of those fiscal years as calculated under this Act as it reads on the day on which this subsection comes into force.

73. Section 40 of the Act is amended by adding the following before paragraph (b):

(a) respecting the determination of amounts that are to be computed under Part I or I.1;

(a.1) respecting the information that must be prepared and submitted by the Chief Statistician of Canada for the purposes of Parts I and I.1;

(a.2) providing for the provincial or territo- rial revenues that constitute, or are deemed to constitute, the revenues referred to in each paragraph of the definition “revenue source” in subsections 3.5(1) and 4(1);

(a.3) providing for the provincial revenues that constitute, or are deemed to constitute, the revenues referred to in each paragraph of the definition “revenue source” in subsection 4(2) of this Act as it read on March 13, 2004;

(a.4) defining, for the purposes of sections 3.6 to 3.9, the expressions “national average rate of tax”, “revenue base” and “revenue to be equalized”;

74. The Act is amended by adding the following after section 40:

Softwood Lumber Products Export Charge Act, 2006

Recovery

40.1 (1) Despite any other provision of this Act, if, in any fiscal year, the costs referred to in paragraphs 99(1)(a) and (b) of the Softwood Lumber Products Export Charge Act, 2006 exceed the revenues, less any refunds, derived by Her Majesty in right of Canada from the charges imposed under sections 10 and 15 of that Act, then the amount of that excess may be recovered from any payments payable to provinces under this Act.

Restriction

(2) Despite subsection (1), the amount that may be recovered under that subsection with respect to a province for a fiscal year shall not exceed the difference between the aggregate of the amounts paid to that province under section 99 of the Softwood Lumber Products Export Charge Act, 2006 in prior fiscal years and the aggregate of the amounts that have been previously recovered under this section with respect to that province for those prior fiscal years.

Transitional Provisions

Amounts paid before coming into force (Part I)

75. For the fiscal year beginning on April 1, 2007, the fiscal equalization payment that may be paid to a province under Part I of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, shall be adjusted by deducting all the amounts of fiscal equalization payments paid to that province for that fiscal year before the day on which this Act receives royal assent.

Amounts paid before coming into force (Part I.1)

76. For the fiscal year beginning on April 1, 2007, the territorial formula financing payment that may be paid to a territory under Part I.1 of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, shall be adjusted by deducting all the amounts of the territorial formula financing payments paid to that territory for that fiscal year before the day on which this Act receives royal assent.

Amounts paid before coming into force (Part V.1)

77. For the fiscal year beginning on April 1, 2007, the Canada Health Transfer and Canada Social Transfer payments that may be paid to a province under Part V.1 of the Federal-Provincial Fiscal Arrangements Act, as amended by sections 64 to 72 of this Act, shall be adjusted by deducting all of the Canada Health Transfer and Canada Social Transfer payments paid to that province for that fiscal year before the day on which this Act receives royal assent.

Consequential Amendments

1987, c. 3

Canada-Newfoundland Atlantic Accord Implementation Act

2004, c. 22, s. 6

78. Section 220 of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Calculation

220. The fiscal equalization offset payment that is to be paid to Her Majesty in right of the Province for a fiscal year pursuant to section 219 is the amount, as determined by the Federal Minister, equal to the aggregate of

(a) the amount, if any, by which

(i) the fiscal equalization payment that would be received by Her Majesty in right of the Province for the fiscal year if the amount of that payment were determined in accordance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act,

is less than

(ii) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is less than or equal to 70 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 95 per cent,

(iii) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is less than or equal to 75 per cent but greater than 70 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 90 per cent, or

(iv) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is greater than 75 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 85 per cent

of the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province if the amount of that payment were determined in accord- ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act, for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year, and

(b) the phase-out portion, in respect of the fiscal year, of the amount, as determined by the Federal Minister, by which

(i) the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province if the amount of that payment were determined in accordance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act, for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year immediately preceding the fiscal year

is greater than

(ii) the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province if the amount of that payment were determined in accordance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act, for the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year.

79. The Act is amended by adding the following after section 220:

Definition of “average”

220.1 For the purposes of section 220, “average”, except within the expression “national average per capita fiscal capacity”, means a weighted average where the most recent fiscal year that is taken into account in the calculation of the fiscal equalization payment shall be weighted at 50% and each of the other two fiscal years that are taken into account in the calculation of the fiscal equalization payment shall be weighted at 25%.

80. Subsection 222(1) of the Act is replaced by the following:

Final determination

222. (1) The final determination, for any fiscal year, of the fiscal equalization offset payment for the Province, the per capita fiscal capacity for the Province and the national average per capita fiscal capacity shall be determined by the Federal Minister at the same time that the final computation of the amount, if any, of the fiscal equalization payment that is payable to a province is made for the fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act.

2005, c. 30, s. 85

Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act

81. The definition “fiscal equalization payment” in section 4 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act is replaced by the following:

“fiscal equalization payment”
« paiement de péréquation »

“fiscal equalization payment” means

(a) for the purposes of section 8, the fiscal equalization payment that would be received by the Province for a fiscal year if the amount of that payment were determined in accord-ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act; and

(b) for the purposes of sections 10 to 12, the fiscal equalization payment that would be received by the Province for a fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act if the Province’s total per capita fiscal capacity were the amount determined by the formula

A + B + (C / F)

where

A, B, C and F have the same meaning as in the definition “total per capita fiscal capacity” in subsection 3.5(1) of that Act.

82. The definition “fiscal equalization payment” in section 18 of the Act is replaced by the following:

“fiscal equalization payment”
« paiement de péréquation »

“fiscal equalization payment” means

(a) for the purposes of section 22, the fiscal equalization payment that would be received by the Province for a fiscal year if the amount of that payment were determined in accord- ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act; and

(b) for the purposes of sections 24 to 26, the fiscal equalization payment that would be received by the Province for a fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act if the Province’s total per capita fiscal capacity were the amount determined by the formula

A + B + (C / F)

where

A, B, C and F have the same meaning as in the definition “total per capita fiscal capacity” in subsection 3.5(1) of that Act.

Transitional Provisions

Effect of election by Newfoundland and Labrador — fiscal year 2007-2008

83. (1) For the fiscal year that begins on April 1, 2007, if Newfoundland and Labrador makes the election under subsection 3.7(1) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act,

(a) section 220 of the Canada-Newfoundland Atlantic Accord Implementation Act shall be read as follows:

Calculation

(a) the amount, if any, by which

is less than

of the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year as this paragraph read for that fiscal year, and

(b) the phase-out portion, in respect of the fiscal year, of the amount, as determined by the Federal Minister, by which

(i) the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year immediately preceding the fiscal year as that paragraph read for that fiscal year

is greater than

(b) a reference to “average” in section 220 of that Act, except within the expression “national average per capita fiscal capac- ity”, shall be considered to mean a weighted average where the most recent fiscal year that is taken into account in the calculation of the fiscal equalization payment shall be weighted at 50% and each of the other two fiscal years that are taken into account in the calculation of the fiscal equalization payment shall be weighted at 25%; and

(c) the definition “fiscal equalization payment” in section 18 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act shall be read as follows:

“fiscal equalization payment”
« paiement de péréquation »

“fiscal equalization payment” means

A + B + (C / F)

where

A, B, C and F have the same meaning as in the definition “total per capita fiscal capacity” in subsection 3.5(1) of that Act.

Effect of election by Nova Scotia — fiscal year 2007-2008

(2) For the fiscal year that begins on April 1, 2007, if Nova Scotia makes the election under subsection 3.7(1) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, the definition “fiscal equalization payment” in section 4 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act shall be read as follows:

“fiscal equalization payment”
« paiement de péréquation »

“fiscal equalization payment” means

(a) for the purposes of section 8, the fiscal equalization payment that would be received by the Province for a fiscal year if the amount of that payment were determined in accord- ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act; and

A + B + (C / F)

where

A, B, C and F have the same meaning as in the definition “total per capita fiscal capacity” in subsection 3.5(1) of that Act.

Effect of election by Newfoundland and Labrador — fiscal year 2008-2009

(3) For the fiscal year that begins on April 1, 2008, if Newfoundland and Labrador does not make the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, and made, in respect of the preceding fiscal year, the election under subsection 3.7(1) of that Act, as enacted by that section 62,

(a) the portion of paragraph 220(a) of the Canada-Newfoundland Atlantic Accord Implementation Act after subparagraph (iv) shall be read as follows:

of the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province if the amount of that payment were determined in accord-ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act, for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year as this paragraph read for that fiscal year, and

(b) subparagraph 220(b)(i) of that Act shall be read as follows:

Effect of election by Newfoundland and Labrador — fiscal year 2008-2009 and subsequent fiscal years

(4) For the first fiscal year that begins after the coming into force of section 220 of the Canada-Newfoundland Atlantic Accord Implementation Act, as enacted by section 78 of this Act,

(a) the portion of paragraph 220(a) of that Act after subparagraph (iv) shall be read as follows:

of the aggregate of the fiscal equalization payment that may be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year as this paragraph read for that fiscal year, and

(b) subparagraph 220(b)(i) of that Act shall be read as follows:

(i) the aggregate of the fiscal equalization payment that may be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year immediately preceding the fiscal year as that paragraph read for that fiscal year

Non-application

(5) If Newfoundland and Labrador makes the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, for the fiscal year beginning on April 1, 2008 and that province had made the election under subsection 3.7(1) of that Act, as enacted by that section 62, for the preceding fiscal year, subsection (4) does not apply.

Coming into Force

Newfoundland and Labrador

84. (1) Sections 78, 79 and 82 come into force on a day to be fixed by order of the Governor in Council, but the day that is fixed must not be before the day on which Newfoundland and Labrador makes the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act.

Nova Scotia

(2) Section 81 comes into force on a day to be fixed by order of the Governor in Council, but the day that is fixed must not be before the day on which Nova Scotia makes the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act.

PART 7

AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT

R.S., c. F-11

Financial Administration Act

85. The Financial Administration Act is amended by adding the following after section 43:

Power to borrow

43.1 The Governor in Council may authorize the Minister to borrow money on behalf of Her Majesty in right of Canada.

1999, c. 26, s. 22

86. Sections 46.1 and 47 of the Act are repealed.

1999, c. 26, s. 23

87. Section 49 of the Act is replaced by the following:

Report on debt management

49. (1) After the Public Accounts are tabled in the House of Commons, the Minister shall cause to be tabled in each House of Parliament, within the first 30 days on which that House is sitting after the Public Accounts are tabled in the House of Commons, a report on the activities of the Minister in relation to the following:

(a) the money borrowed under section 43.1 in the fiscal year to which the Public Accounts relate; and

(b) the management of the public debt in the fiscal year to which the Public Accounts relate.

Report next fiscal year

(2) In every fiscal year, the Minister shall cause to be tabled in each House of Parliament a report on the Minister’s plans in relation to the following:

(a) the money to be borrowed under section 43.1 in the next fiscal year and the purposes for which the moneys will be borrowed; and

(b) the management of the public debt in the next fiscal year.

88. Section 54 of the Act is replaced by the following:

Borrowed money and interest

54. The repayment of all money borrowed and interest on that money, including the principal of and interest on all securities issued by or on behalf of Her Majesty with the authority of Parliament, is a charge on and payable out of the Consolidated Revenue Fund.

Coming into Force

Order in council

89. This Part comes into force on a day to be fixed by order of the Governor in Council.

PART 8

R.S., c. C-7

AMENDMENTS TO THE CANADA MORTGAGE AND HOUSING CORPORATION ACT

1992, c. 32, s. 1

90. (1) Subsection 21(1) of the Canada Mortgage and Housing Corporation Act is replaced by the following:

Loans to the Corporation

21. (1) At the request of the Corporation, the Minister of Finance may, out of the Consolidated Revenue Fund, lend money to the Corporation on any terms and conditions that that Minister may fix.

1992, c. 32, s. 1

(2) The portion of subsection 21(2) of the French version of the Act before paragraph (a) is replaced by the following:

Autres prêts

(2) La Société peut contracter des emprunts auprès de personnes autres que Sa Majesté, la présente loi l’autorisant à emprunter ainsi des sommes de façon que le total de ses dettes à ce chapitre n’excède pas le total des montants suivants :

PART 9

AMENDMENTS RELATING TO ELIGIBLE FINANCIAL CONTRACTS

R.S., c. B-3; 1992, c. 27, s. 2

Bankruptcy and Insolvency Act

91. (1) Section 2 of the Bankruptcy and Insolvency Act is amended by adding the following in alphabetical order:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means

(a) a currency or interest rate swap agreement,

(b) a basis swap agreement,

(d) a cap, collar or floor transaction,

(e) a commodity swap,

(f) a forward rate agreement,

(g) a repurchase or reverse repurchase agreement,

(h) a spot, future, forward or other commodity contract,

(i) an agreement to buy, sell, borrow or lend securities, to clear or settle securities transactions or to act as a depository for securities,

(j) any derivative, combination or option in respect of, or agreement similar to, an agreement or contract referred to in paragraphs (a) to (i),

(k) any master agreement in respect of any agreement or contract referred to in paragraphs (a) to (j),

(l) any master agreement in respect of a master agreement referred to in paragraph (k),

(m) a guarantee of the liabilities under an agreement or contract referred to in paragraphs (a) to (l), or

(n) any agreement of a kind prescribed;

“financial collateral”
« garantie financière »

“financial collateral” means any of the following that is subject to an interest, or in the Province of Quebec a right, that secures payment or performance of an obligation in respect of an eligible financial contract or that is subject to a title transfer credit support agreement:

(a) cash or cash equivalents, including negotiable instruments and demand deposits,

(b) securities, a securities account, a securities entitlement or a right to acquire securities, or

“net termination value”
« valeurs nettes dues à la date de résiliation »

“net termination value” means the net amount obtained after netting or setting off or compensating the mutual obligations between the parties to an eligible financial contract in accordance with its provisions;

“title transfer credit support agreement”
« accord de transfert de titres pour obtention de crédit »

“title transfer credit support agreement” means an agreement under which an insolvent person or a bankrupt has provided title to property for the purpose of securing the payment or performance of an obligation of the insolvent person or bankrupt in respect of an eligible financial contract;

(2) The definition “eligible financial contract” in section 2 of the Act, as enacted by subsection (1), is replaced by the following:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means an agreement of a prescribed kind;

1992, c. 27, s. 30; 1997, c. 12, s. 41(2)

92. (1) Subsection 65.1(8) of the Act is repealed.

1997, c. 12, s. 41(3)

(2) Subsection 65.1(9) of the Act is replaced by the following:

Permitted actions

(9) Despite subsections 69(1) and 69.1(1), the following actions are permitted in respect of an eligible financial contract that is entered into before the filing, in respect of an insolvent person of a notice of intention or, where no notice of intention is filed, a proposal, and that is terminated on or after that filing, but only in accordance with the provisions of that contract:

(a) the netting or setting off or compensation of obligations between the insolvent person and the other parties to the eligible financial contract; and

(b) any dealing with financial collateral including

(i) the sale or foreclosure or, in the Province of Quebec, the surrender of financial collateral, and

(ii) the setting off or compensation of financial collateral or the application of the proceeds or value of financial collateral.

Net termination values

(10) If net termination values determined in accordance with an eligible financial contract referred to in subsection (9) are owed by the insolvent person to another party to the eligible financial contract, that other party is deemed, for the purposes of paragraphs 69(1)(a) and 69.1(1)(a), to be a creditor of the insolvent person with a claim provable in bankruptcy in respect of those net termination values.

93. Paragraph 65.11(2)(a) of the Act, as enacted by section 44 of chapter 47 of the Statutes of Canada, 2005, is replaced by the following:

(a) an eligible financial contract;

94. Section 66.34 of the Act is amended by adding the following after subsection (6):

Eligible financial contracts

(7) Subsection (1) does not apply in respect of an eligible financial contract.

Permitted actions

(8) Despite section 69.2, the following actions are permitted in respect of an eligible financial contract that is entered into before the filing of a consumer proposal and is terminated on or after that filing, but only in accordance with the provisions of that contract:

(a) the netting or setting off or compensation of obligations between the consumer debtor and the other parties to the eligible financial contract; and

(b) any dealing with financial collateral including

(i) the sale or foreclosure or, in the Province of Quebec, the surrender of financial collateral, and

(ii) the setting off or compensation of financial collateral or the application of the proceeds or value of financial collateral.

Net termination values

(9) If net termination values determined in accordance with an eligible financial contract referred to in subsection (8) are owed by the consumer debtor to another party to the eligible financial contract, that other party is deemed, for the purposes of subsection 69.2(1), to be a creditor of the consumer debtor with a claim provable in bankruptcy in respect of those net termination values.

95. Section 69.2 of the Act is amended by adding the following after subsection (4):

Exception

(5) No order may be made under subsection (4) if the order would have the effect of preventing a secured creditor from realizing or otherwise dealing with financial collateral.

96. Section 69.3 of the Act is amended by adding the following after subsection (2):

Exception

(2.1) No order may be made under subsection (2) if the order would have the effect of preventing a secured creditor from realizing or otherwise dealing with financial collateral.

97. Paragraph 84.1(3)(a) of the Act, as enacted by section 68 of chapter 47 of the Statutes of Canada, 2005, is replaced by the following:

(a) under an eligible financial contract;

98. Section 84.2 of the Act, as enacted by section 68 of chapter 47 of the Statutes of Canada, 2005, is amended by adding the following after subsection (6):

Eligible financial contracts

(7) Subsection (1) does not apply

(a) in respect of an eligible financial contract; or

(b) to prevent a member of the Canadian Payments Association from ceasing to act as a clearing agent or group clearer for an insolvent person in accordance with the Canadian Payments Act and the by-laws and rules of that Association.

Permitted actions

(8) Despite section 69.3, the following actions are permitted in respect of an eligible financial contract that is entered into before the time of the bankruptcy, and is terminated on or after that time, but only in accordance with the provisions of that contract:

(a) the netting or setting off or compensation of obligations between the individual bankrupt and the other parties to the eligible financial contract; and

(b) any dealing with financial collateral including

(i) the sale or foreclosure or, in the Province of Quebec, the surrender of financial collateral, and

(ii) the setting off or compensation of financial collateral or the application of the proceeds or value of financial collateral.

Net termination values

(9) If net termination values determined in accordance with an eligible financial contract referred to in subsection (8) are owed by the individual bankrupt to another party to the eligible financial contract, that other party is deemed, for the purposes of paragraphs 69(1)(a) and 69.1(1)(a), to be a creditor of the individual bankrupt with a claim provable in bankruptcy in respect of those net termination values.

99. The Act is amended by adding the following after section 87:

Priority of Financial Collateral

Priority

88. In relation to a bankruptcy or proposal, no order may be made under this Act if the order would have the effect of subordinating financial collateral.

1997, c. 12, s. 78(2)

100. Subsection 95(2.1) of the Act is replaced by the following:

Exception

(2.1) Subsection (2) does not apply in respect of the following:

(a) a margin deposit made by a clearing member with a clearing house; or

(b) a transfer, charge or payment made in connection with financial collateral and in accordance with the provisions of an eligible financial contract.

1997, c. 12, s. 118(1)

101. The definition “eligible financial contract” in section 253 of the Act is repealed.

2004, c. 25, s. 98(E)

102. Subsection 254(4) of the Act is replaced by the following:

Termination, netting or setting off or compensation

(4) Nothing in this Part affects the rights of a party to a contract, including an eligible financial contract, with respect to termination, netting or setting off or compensation.

R.S., c. C-3

Canada Deposit Insurance Corporation Act

1996, c. 6, s. 41

103. (1) Subsections 39.15(7) and (8) of the Canada Deposit Insurance Corporation Act are replaced by the following:

Financial contracts

(7) Nothing in subsection (1) or (2) prevents the following actions from being taken in accordance with the provisions of an eligible financial contract:

(a) the termination of the contract;

(b) the netting or setting off or compensation of an amount payable under or in connection with the contract; or

(i) the sale or foreclosure or, in the Province of Quebec, the surrender of financial collateral, and

(ii) the setting off or compensation of financial collateral or the application of the proceeds or value of financial collateral.

Regulations

(8) The Governor in Council may make regulations prescribing

(a) kinds of services for the purposes of subparagraph (5)(c)(xiii); and

(b) kinds of agreements for the purposes of the definition “eligible financial contract” in subsection (9).

Definitions

(9) The following definitions apply in subsections (7) and (8).

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means

(a) a currency or interest rate swap agreement;

(b) a basis swap agreement;

(d) a cap, collar or floor transaction;

(e) a commodity swap;

(f) a forward rate agreement;

(g) a repurchase or reverse repurchase agreement;

(h) a spot, future, forward or other commodity contract;

(i) an agreement to buy, sell, borrow or lend securities, to clear or settle securities transactions or to act as a depository for securities;

(j) any derivative, combination or option in respect of, or agreement similar to, an agreement or contract referred to in paragraphs (a) to (i);

(k) any master agreement in respect of any agreement or contract referred to in paragraphs (a) to (j);

(l) any master agreement in respect of a master agreement referred to in paragraph (k);

(m) a guarantee of the liabilities under an agreement or contract referred to in paragraphs (a) to (l); and

(n) any agreement of a kind prescribed by the regulations.

“financial collateral”
« garantie financière »

(a) cash or cash equivalents, including negotiable instruments and demand deposits;

(b) securities, a securities account, a securities entitlement or a right to acquire securities; or

“title transfer credit support agreement”
« accord de transfert de titres pour obtention de crédit »

“title transfer credit support agreement” means an agreement under which title to property has been provided for the purpose of securing the payment or performance of an obligation in respect of an eligible financial contract.

(2) The definition “eligible financial contract” in subsection 39.15(9) of the Act, as enacted by subsection (1), is replaced by the following:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means an agreement of a prescribed kind;

R.S., c. C-36

Companies’ Creditors Arrangement Act

104. (1) Section 2 of the Companies’ Creditors Arrangement Act is amended by adding the following in alphabetical order:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means

(a) a currency or interest rate swap agreement,

(b) a basis swap agreement,

(d) a cap, collar or floor transaction,

(e) a commodity swap,

(f) a forward rate agreement,

(g) a repurchase or reverse repurchase agreement,

(h) a spot, future, forward or other commodity contract,

(i) an agreement to buy, sell, borrow or lend securities, to clear or settle securities transactions or to act as a depository for securities,

(j) any derivative, combination or option in respect of, or agreement similar to, an agreement or contract referred to in paragraphs (a) to (i),

(k) any master agreement in respect of any agreement or contract referred to in paragraphs (a) to (j),

(l) any master agreement in respect of a master agreement referred to in paragraph (k),

(m) a guarantee of the liabilities under an agreement or contract referred to in paragraphs (a) to (l), or

(n) any agreement of a kind prescribed;

“financial collateral”
« garantie financière »

(a) cash or cash equivalents, including negotiable instruments and demand deposits,

(b) securities, a securities account, a securities entitlement or a right to acquire securities, or

“net termination value”
« valeurs nettes dues à la date de résiliation »

“title transfer credit support agreement”
« accord de transfert de titres pour obtention de crédit »

“title transfer credit support agreement” means an agreement under which a debtor company has provided title to property for the purpose of securing the payment or performance of an obligation of the debtor company in respect of an eligible financial contract;

(2) The definition “eligible financial contract” in section 2 of the Act, as enacted by subsection (1), is replaced by the following:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means an agreement of a prescribed kind;

105. Section 11.05 of the Act, as enacted by section 128 of chapter 47 of the Statutes of Canada, 2005, is repealed.

1997, c. 12, s. 124

106. (1) Subsection 11.1(1) of the Act is repealed.

1997, c. 12, s. 124

(2) Subsection 11.1(3) of the Act is replaced by the following:

Permitted actions

(3) The following actions are permitted in respect of an eligible financial contract that is entered into before proceedings under this Act are commenced in respect of the company and is terminated on or after that day, but only in accordance with the provisions of that contract:

(a) the netting or setting off or compensation of obligations between the company and the other parties to the eligible financial contract; and

(b) any dealing with financial collateral including

(i) the sale or foreclosure or, in the Province of Quebec, the surrender of financial collateral, and

(ii) the setting off or compensation of financial collateral or the application of the proceeds or value of financial collateral.

Restriction

(4) No order may be made under this Act if the order would have the effect of staying or restraining the actions permitted under subsection (3).

Net termination values

(5) If net termination values determined in accordance with an eligible financial contract referred to in subsection (3) are owed by the company to another party to the eligible financial contract, that other party is deemed to be a creditor of the company with a claim against the company in respect of those net termination values.

Priority

(6) No order may be made under this Act if the order would have the effect of subordinating financial collateral.

107. Paragraph 11.3(3)(a) of the Act, as enacted by section 128 of chapter 47 of the Statutes of Canada, 2005, is replaced by the following:

(a) under an eligible financial contract;

108. Paragraph 32(2)(a) of the Act, as enacted by section 131 of chapter 47 of the Statutes of Canada, 2005, is replaced by the following:

(a) an eligible financial contract;

109. Section 34 of the Act, as enacted by section 131 of chapter 47 of the Statutes of Canada, 2005, is amended by adding the following after subsection (6):

Eligible financial contracts

(7) Subsection (1) does not apply

(a) in respect of an eligible financial contract; or

(b) to prevent a member of the Canadian Payments Association from ceasing to act as a clearing agent or group clearer for a company in accordance with the Canadian Payments Act and the by-laws and rules of that Association.

Permitted actions

(8) The following actions are permitted in respect of an eligible financial contract that is entered into before proceedings under this Act are commenced in respect of the company and is terminated on or after that day, but only in accordance with the provisions of that contract:

(a) the netting or setting off or compensation of obligations between the company and the other parties to the eligible financial contract; and

(b) any dealing with financial collateral including

(i) the sale or foreclosure or, in the Province of Quebec, the surrender of financial collateral, and

(ii) the setting off or compensation of financial collateral or the application of the proceeds or value of financial collateral.

Restriction

(9) No order may be made under this Act if the order would have the effect of staying or restraining the actions permitted under subsection (8).

Net termination values

(10) If net termination values determined in accordance with an eligible financial contract referred to in subsection (8) are owed by the company to another party to the eligible financial contract, that other party is deemed to be a creditor of the company with a claim against the company in respect of those net termination values.

Priority

(11) No order may be made under this Act if the order would have the effect of subordinating financial collateral.

1996, c. 6 (Sch.)

Payment Clearing and Settlement Act

110. Section 2 of the Payment Clearing and Settlement Act is amended by adding the following in alphabetical order:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” has the same meaning as in subsection 22.1(2) of the Winding-up and Restructuring Act;

111. (1) Section 13 of the Act is amended by adding the following after subsection (1):

Eligible financial contract

(1.1) If a netting agreement referred to in subsection (1) is an eligible financial contract, the financial institution or the Bank may also, in accordance with the provisions of that agreement, deal with financial collateral including

(a) selling or foreclosing or, in the Province of Quebec, surrendering financial collateral; and

(b) setting off or compensating financial collateral or applying the proceeds or value of financial collateral.

1999, c. 28, s. 133(2)

(2) The definition “netting agreement” in subsection 13(2) of the Act is replaced by the following:

“netting agreement”
« accord de compensation »

“netting agreement” means an agreement between two or more financial institutions or between the Bank and one or more financial institutions that is

(a) an eligible financial contract, or

(b) an agreement that provides for the netting or set-off or compensation of present or future obligations to make payments against the present or future rights to receive payments.

(3) The definition “net termination value” in subsection 13(2) of the English version of the Act is replaced by the following:

“net termination value”
« reliquat net »

“net termination value” means the net amount obtained after setting off or compensating or otherwise netting the obligations between the parties to a netting agreement in accordance with its provisions;

(4) Subsection 13(2) of the Act is amended by adding the following in alphabetical order:

“financial collateral”
« garantie financière »

(a) cash or cash equivalents, including negotiable instruments and demand deposits,

(b) securities, a securities account, a securities entitlement or a right to acquire securities, or

“title transfer credit support agreement”
« accord de transfert de titres pour obtention de crédit »

2002, c. 14, s. 1

112. (1) The definition “netting agreement” in subsection 13.1(3) of the Act is replaced by the following:

“netting agreement”
« accord de compensation »

“netting agreement” means an agreement between a securities and derivatives clearing house and a clearing member that is

(a) an eligible financial contract; or

(b) an agreement that provides for the netting or setting off or compensation of present or future obligations to make payments or deliveries against present or future rights to receive payments or take deliveries.

2002, c. 14, s. 1

(2) The definition “net termination value” in subsection 13.1(3) of the English version of the Act is replaced by the following:

“net termination value”
« reliquat net »

“net termination value” means the net amount obtained after setting off or compensating or otherwise netting the obligations between a securities and derivatives clearing house and a clearing member in accordance with the netting agreement.

R.S., c. W-11; 1996, c. 6, s. 134

Winding-up and Restructuring Act

1996, c. 6, s. 142

113. (1) Subsection 22.1(1) of the Winding-up and Restructuring Act is replaced by the following:

Permitted actions

22.1 (1) Nothing in this Act or an order made under this Act prevents or prohibits the following actions from being taken in accord-ance with the provisions of an eligible financial contract:

(a) the termination of the contract;

(b) the netting or setting off or compensation of obligations between a company in respect of which winding-up proceedings under this Act are commenced and another party to the contract; and

(i) the sale or foreclosure or, in the Province of Quebec, the surrender of financial collateral, and

(ii) the setting off or compensation of financial collateral or the application of the proceeds or value of financial collateral.

Net termination values

(1.01) If the net termination values determined in accordance with the eligible financial contract referred to in subsection (1) are owed by the company to another party to the eligible financial contract, that other party is deemed to be a creditor of the company with a claim provable against the company in respect of the net termination values.

1996, c. 6, s. 142

(2) The definition “eligible financial contract” in subsection 22.1(2) of the Act is replaced by the following:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means an agreement of a prescribed kind;

(3) Subsection 22.1(2) of the Act is amended by adding the following in alphabetical order:

“financial collateral”
« garantie financière »

(a) cash or cash equivalents, including negotiable instruments and demand deposits,

(b) securities, a securities account, a securities entitlement or a right to acquire securities, or

“title transfer credit support agreement”
« accord de transfert de titres pour obtention de crédit »

1996, c. 6, s. 142

(4) Subsection 22.1(3) of the Act is replaced by the following:

Regulations

(3) The Governor in Council may make regulations prescribing kinds of agreements for the purposes of the definition “eligible financial contract” in subsection (2).

114. Section 100 of the Act is amended by adding the following after subsection (2):

Exception

(3) The presumption referred to in subsection (2) does not apply to a sale, deposit, pledge or transfer of financial collateral made in accord- ance with the provisions of an eligible financial contract.

115. Section 101 of the Act is amended by adding the following after subsection (2):

Exception

(3) Subsection (1) does not apply to a payment made in connection with financial collateral in accordance with the provisions of an eligible financial contract.

116. The Act is amended by adding the following after section 101:

Definitions

101.1 In subsections 100(3) and 101(3), “eligible financial contract” and “financial collateral” have the same meanings as in subsection 22.1(2).

Transitional Provisions

Bankruptcy and Insolvency Act

117. An amendment to the Bankruptcy and Insolvency Act made by any of sections 91, 92, 94 to 96 and 99 to 101 of this Act applies only to a person who, on or after the day on which the amendment comes into force, is described in one of the following paragraphs:

(a) the person becomes bankrupt;

(b) the person files a notice of intention;

(d) a proposal is made in respect of the person without the person having filed a notice of intention.

Canada Deposit Insurance Corporation Act

118. The amendment to the Canada Deposit Insurance Corporation Act made by section 103 of this Act applies only to a federal member institution in respect of which an order under subsection 39.13(1) of that Act is made on or after the day on which the amendment comes into force.

Companies’ Creditors Arrangement Act

119. An amendment to the Companies’ Creditors Arrangement Act made by section 104 or 106 of this Act applies only to a debtor company in respect of which proceedings under that Act are commenced on or after the day on which the amendment comes into force.

Payment Clearing and Settlement Act

120. An amendment to the Payment Clearing and Settlement Act made by any of sections 110 to 112 of this Act applies only to a party to a netting agreement who, on or after the day on which the amendment comes into force,

(a) is a person described in any of paragraphs 117(a) to (d);

(b) is a person described in section 118;

(d) is a person in respect of whom winding up proceedings have been commenced under the Winding-up and Restructuring Act; or

(e) is a person subject to an order of a court made pursuant to an administration of a reorganization, arrangement or receivership involving insolvency.

Winding Up and Restructuring Act

121. An amendment to the Winding-up and Restructuring Act made by any of sections 113 to 116 of this Act applies only to companies in respect of which winding up proceedings under that Act are commenced on or after the day on which the amendment comes into force.

Coordinating Amendments

2005, c. 47

122. (1) In this section, “other Act” means An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act and to make consequential amendments to other Acts, being chapter 47 of the Statutes of Canada, 2005.

(2) If subsection 124(1) of the other Act comes into force before section 104 of this Act, section 104 of this Act is replaced by the following:

104. (1) Subsection 2(1) of the Companies’ Creditors Arrangement Act is amended by adding the following in alphabetical order:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means

(a) a currency or interest rate swap agreement,

(b) a basis swap agreement,

(d) a cap, collar or floor transaction,

(e) a commodity swap,

(f) a forward rate agreement,

(g) a repurchase or reverse repurchase agreement,

(h) a spot, future, forward or other commodity contract,

(i) an agreement to buy, sell, borrow or lend securities, to clear or settle securities transactions or to act as a depository for securities,

(j) any derivative, combination or option in respect of, or agreement similar to, an agreement or contract referred to in paragraphs (a) to (i),

(k) any master agreement in respect of any agreement or contract referred to in paragraphs (a) to (j),

(l) any master agreement in respect of a master agreement referred to in paragraph (k),

(m) a guarantee of the liabilities under an agreement or contract referred to in paragraphs (a) to (l), or

(n) any agreement of a kind prescribed;

“financial collateral”
« garantie financière »

“financial collateral” means any of the following that is subject to an interest, or in the province of Quebec a right, that secures payment or performance of an obligation in respect of an eligible financial contract or that is subject to a title transfer credit support agreement:

(a) cash or cash equivalents, including negotiable instruments and demand deposits,

(b) securities, a securities account, a securities entitlement or a right to acquire securities, or

“net termination value”
« valeurs nettes dues à la date de résiliation »

“title transfer credit support agreement”
« accord de transfert de titres pour obtention de crédit »

(2) The definition “eligible financial contract” in subsection 2(1) of the Act, as enacted by subsection (1), is replaced by the following:

“eligible financial contract”
« contrat financier admissible »

“eligible financial contract” means an agreement of a prescribed kind;

(3) If subsection 124(1) of the other Act comes into force on the same day as section 104 of this Act, section 104 of this Act is deemed to have come into force before subsection 124(1) of the other Act.

(4) If section 128 of the other Act comes into force before section 106 of this Act, or if those provisions come into force on the same day, section 106 of this Act is repealed and is deemed never to have had effect.

Coming into Force

Order in council

123. Subsections 91(2), 103(2), 104(2) and 113(2) come into force on a day or days to be fixed by order of the Governor in Council.

PART 10

PAYMENTS TO PROVINCES AND TERRITORIES

Payment to British Columbia

Maximum payment of $30,000,000

124. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, a sum not exceeding thirty million dollars to the Province of British Columbia to promote fair and equitable economic development, in an environmentally sustainable and ecologically integrated manner, of First Nations in the Spirit Bear Rainforest area of British Columbia and the Queen Charlotte Islands of British Columbia.

Clean Air and Climate Change Trust Fund

Maximum payment of $1,519,000,000

125. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding one billion, five hundred and nineteen million dollars, to a trust established to provide provinces and territories with funding to support provincial and territorial projects that will result in reductions in greenhouse gas emissions and air pollutants. Territories may also use those funds to adapt to a changing climate.

Provincial or territorial share

(2) The amount that may be provided to a province or territory 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 of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Transitional Payments

Maximum payment of $614,100,000

126. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding six hundred and fourteen million, one hundred thousand dollars, to a trust established to provide the Province of Ontario with funding for post-secondary education and training and the Provinces of Manitoba and Saskatchewan with funding for training.

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) and allocated as follows:

(a) a sum not exceeding five hundred and seventy-four million dollars to the Province of Ontario;

(b) a sum not exceeding twenty-one million, seven hundred thousand dollars to the Province of Manitoba; and

Payments out of C.R.F.

Human Papillomavirus Immunization

Maximum payment of $300,000,000

127. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding three hundred million dollars, to a trust established to provide the provinces and territories with funding in support of human papillomavirus immunization.

Provincial or territorial share

Payments out of C.R.F.

Patient Wait Times Guarantee

Maximum payment of $612,000,000

128. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding six hundred and twelve million dollars, to a trust established to provide provinces and territories with funding in support of a patient wait times guarantee.

Provincial or territorial share

Payments out of C.R.F.

Child Care Spaces

Maximum payment of $250,000,000

129. (1) The Minister of Finance may, for the fiscal year beginning on April 1, 2007, make direct payments, in an aggregate amount not exceeding two hundred and fifty million dollars to the provinces and territories for the purpose of supporting the creation of child care spaces.

Provincial or territorial share

(2) The amount that may be paid to a province or territory for the fiscal year referred to in subsection (1) is the amount determined by multiplying the amount set out in that subsection by the quotient obtained by dividing

(a) the population of the province or territory for the fiscal year

(b) the total of the population of all provinces and territories for the fiscal year.

Payments out of C.R.F.

Payment to Yukon

Payment of $3,500,000

130. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of three million, five hundred thousand dollars to Yukon.

Payment to Northwest Territories

Payment of $54,400,000

131. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of fifty-four million, four hundred thousand dollars to the Northwest Territories.

PART 11

PAYMENTS TO CERTAIN ENTITIES

Nature Conservancy of Canada

Maximum payment of $225,000,000

132. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment, a sum not exceeding two hundred and twenty-five million dollars to the Nature Conservancy of Canada for its use.

Canada Health Infoway Inc.

Maximum payment of $400,000,000

133. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding four hundred million dollars to Canada Health Infoway Inc. for its use.

CANARIE Inc.

Maximum payment of $96,000,000

134. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding ninety-six million dollars to CANARIE Inc. for its use.

Genome Canada

Maximum payment of $100,000,000

135. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding one hundred million dollars to Genome Canada for its use.

Aid to Afghanistan

Afghanistan Reconstruction Trust Fund — $90,000,000

136. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of International Cooperation, a sum not exceeding ninety million dollars to the World Bank for the Afghanistan Reconstruction Trust Fund in respect of development assistance for Afghanistan.

UN Mine Action Service — $20,000,000

137. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of International Cooperation, a sum not exceeding twenty million dollars to the United Nations for use in UN Mine Action Service activities in Afghanistan.

UN Office on Drugs and Crime — $13,000,000

138. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding thirteen million dollars to the United Nations Office on Drugs and Crime, in respect of counter-narcotics initiatives for Afghanistan.

Counter Narcotics Trust Fund — $2,000,000

139. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding two million dollars to the United Nations Development Programme for the Counter Narcotics Trust Fund, in respect of counter-narcotics initiatives for Afghanistan.

Law and Order Trust Fund for Afghanistan — $10,000,000

140. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding ten million dollars to the United Nations Development Programme for the Law and Order Trust Fund for Afghanistan, for use consistent with the purposes of that fund.

Rick Hansen Man in Motion Foundation

Maximum payment of $30,000,000

141. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding thirty million dollars to the Rick Hansen Man in Motion Foundation for its use.

The Perimeter Institute for Theoretical Physics

Maximum payment of $50,000,000

142. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding fifty million dollars to The Perimeter Institute for Theoretical Physics for its use.

Canada Foundation for Sustainable Development Technology

Maximum payment of $200,000,000

143. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment and the Minister of Natural Resources, a sum not exceeding two hundred million dollars to the Canada Foundation for Sustainable Development Technology for its use.

PART 12

AMENDMENTS RELATING TO FINANCIAL INSTITUTIONS

1991, c. 46

Bank Act

2001, c. 9, s. 44; 2006, c. 4, s. 199

144. Section 21 of the Bank Act is replaced by the following:

Sunset provision

21. (1) Subject to subsections (2) and (3), banks shall not carry on business, and authorized foreign banks shall not carry on business in Canada, after October 24, 2007.

Extension

(2) The Governor in Council may, by order, extend by up to six months the time during which banks may continue to carry on business and authorized foreign banks may continue to carry on business in Canada. No more than one order may be made under this subsection.

Exception

(3) If Parliament dissolves on October 24, 2007, on any day within the three-month period before that day or on any day within an extension under subsection (2), banks may continue to carry on business, and authorized foreign banks may continue to carry on business in Canada, for 180 days after the first day of the first session of the next Parliament.

2001, c. 9, s. 183; 2006, c. 4, s. 199.1

145. Section 670 of the Act is replaced by the following:

Sunset provision

670. (1) Subject to subsections (2) and (3), bank holding companies shall not carry on business after October 24, 2007.

Extension

(2) The Governor in Council may, by order, extend by up to six months the time during which bank holding companies may continue to carry on business. No more than one order may be made under this subsection.

Exception

(3) If Parliament dissolves on October 24, 2007, on any day within the three-month period before that day or on any day within an extension under subsection (2), bank holding companies may continue to carry on business for 180 days after the first day of the first session of the next Parliament.

1991, c. 48

Cooperative Credit Associations Act

2001, c. 9, s. 254; 2006, c. 4, s. 200

146. Section 22 of the Cooperative Credit Associations Act is replaced by the following:

Sunset provision

22. (1) Subject to subsections (2) and (3), associations shall not carry on business after October 24, 2007.

Extension

(2) The Governor in Council may, by order, extend by up to six months the time during which associations may continue to carry on business. No more than one order may be made under this subsection.

Exception

(3) If Parliament dissolves on October 24, 2007, on any day within the three-month period before that day or on any day within an extension under subsection (2), associations may continue to carry on business for 180 days after the first day of the first session of the next Parliament.

1991, c. 47

Insurance Companies Act

2001, c. 9, s. 353; 2006, c. 4, s. 201

147. Section 21 of the Insurance Companies Act is replaced by the following:

Sunset provision

21. (1) Subject to subsections (2) and (3), companies and societies shall not carry on business, and foreign companies shall not carry on business in Canada, after October 24, 2007.

Extension

(2) The Governor in Council may, by order, extend by up to six months the time during which companies and societies may continue to carry on business and foreign companies may continue to carry on business in Canada. No more than one order may be made under this subsection.

Exception

(3) If Parliament dissolves on October 24, 2007, on any day within the three-month period before that day or on any day within an extension under subsection (2), companies and societies may continue to carry on business, and foreign companies may continue to carry on business in Canada, for 180 days after the first day of the first session of the next Parliament.

2001, c. 9, s. 465; 2006, c. 4, s. 201.1

148. Section 707 of the Act is replaced by the following:

Sunset provision

707. (1) Subject to subsections (2) and (3), insurance holding companies shall not carry on business after October 24, 2007.

Extension

(2) The Governor in Council may, by order, extend by up to six months the time during which insurance holding companies may continue to carry on business. No more than one order may be made under this subsection.

Exception

(3) If Parliament dissolves on October 24, 2007, on any day within the three-month period before that day or on any day within an extension under subsection (2), insurance holding companies may continue to carry on business for 180 days after the first day of the first session of the next Parliament.

1991, c. 45

Trust and Loan Companies Act

2001, c. 9, s. 484; 2006, c. 4, s. 202

149. Section 20 of the Trust and Loan Companies Act is replaced by the following:

Sunset provision

20. (1) Subject to subsections (2) and (3), companies shall not carry on business after October 24, 2007.

Extension

(2) The Governor in Council may, by order, extend by up to six months the time during which companies may continue to carry on business. No more than one order may be made under this subsection.

Exception

(3) If Parliament dissolves on October 24, 2007, on any day within the three-month period before that day or on any day within an extension under subsection (2), companies may continue to carry on business for 180 days after the first day of the first session of the next Parliament.

Coordinating Amendments

Bill C-37

150. (1) Subsections (2) to (7) apply if Bill C-37, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the law governing financial institutions and to provide for related and consequential matters (the “other Act”), receives royal assent.

(2) If section 4 of the other Act comes into force before section 144 of this Act, or if those provisions come into force on the same day, section 144 of this Act is repealed and is deemed never to have had effect.

(3) If section 105 of the other Act comes into force before section 145 of this Act, or if those provisions come into force on the same day, section 145 of this Act is repealed and is deemed never to have had effect.

(4) If section 138 of the other Act comes into force before section 146 of this Act, or if those provisions come into force on the same day, section 146 of this Act is repealed and is deemed never to have had effect.

(5) If section 189 of the other Act comes into force before section 147 of this Act, or if those provisions come into force on the same day, section 147 of this Act is repealed and is deemed never to have had effect.

(6) If section 310 of the other Act comes into force before section 148 of this Act, or if those provisions come into force on the same day, section 148 of this Act is repealed and is deemed never to have had effect.

(7) If section 338 of the other Act comes into force before section 149 of this Act, or if those provisions come into force on the same day, section 149 of this Act is repealed and is deemed never to have had effect.

PART 13

1996, c. 16

AMENDMENTS TO THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES ACT

151. Section 2 of the Department of Public Works and Government Services Act is amended by adding the following in alphabetical order:

“appropriate minister”
« ministre compétent »

“appropriate minister” has the same meaning as in section 2 of the Financial Administration Act;

152. Section 8 of the Act is replaced by the following:

Delegation

8. (1) The Minister may delegate any of the Minister’s powers, duties or functions under this Act to an appropriate minister for any period and under any terms and conditions that the Minister considers suitable.

Delegation

(2) The Minister may, with respect to a department over which the Minister does not preside but for which the Minister is the appropriate minister, delegate any of the Minister’s powers, duties or functions under this Act, for any period and under any terms and conditions that the Minister considers suitable, to the chief executive of that department.

Subdelegation

(3) The appropriate minister for a department may, subject to and in accordance with the delegation under subsection (1), subdelegate to the chief executive of that department, for any period and under any terms and conditions that the appropriate minister considers suitable, any of the powers, duties or functions that were delegated to the appropriate minister under that subsection.

Subdelegation

(4) The chief executive of a department may, subject to and in accordance with the delegation under subsection (2) or the subdelegation under subsection (3), subdelegate to any person under his or her jurisdiction, for any period and under any terms and conditions that the chief executive considers suitable, any of the powers, duties or functions that were delegated or subdelegated to him or her under that subsection.

Definition of “chief executive”

(5) In this section, “chief executive”

(a) with respect to a department named in Part I of Schedule VI to the Financial Administration Act, means its deputy minister;

(b) with respect to a department named in Part II or III of that Schedule, means the person occupying the position set out opposite that name; and

(c) with respect to a department that is not named in that Schedule, means the chief executive officer, deputy head or the person who occupies any other similar position, however called, in that department.

153. The Act is amended by adding the following after section 9:

Exception

9.1 Section 9 does not apply to a department within the meaning of paragraph (c) of the definition “department” in section 2 of the Financial Administration Act.

Exemption

9.2 The Minister may, by order, exempt the following from the application of section 9:

(a) a department that is not named in Schedule VI to the Financial Administration Act; and

(b) a department over which the Minister does not preside but for which the Minister is the appropriate minister.

PART 14

2001, c. 9

AMENDMENT TO THE FINANCIAL CONSUMER AGENCY OF CANADA ACT

154. Section 13 of the Financial Consumer Agency of Canada Act is amended by adding the following after subsection (2):

Payment for activity

(3) If the Commissioner carries on any activity in furtherance of an object described in paragraph 3(2)(d) or (e) on the recommendation of the Minister, the Minister may on terms and conditions approved by the Treasury Board, in any fiscal year, make a payment out of the Consolidated Revenue Fund to the Agency for the purposes of the activity.

Published under authority of the Speaker of the House of Commons

Available from:
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Table of Contents

AMENDMENTS RELATED TO INCOME TAX

Income Tax Act

TAX ON SIFT PARTNERSHIPS

Income Tax Regulations