Federal-Provincial Fiscal Arrangements Act (R.S.C., 1985, c. F-8)

Additional Payments for Fiscal Year 2019–2020

Marginal note:Total payment of $500 million

24.71 The Minister may pay an additional cash payment for the fiscal year beginning on April 1, 2019 equal to

• (a) for Ontario, $193,721,000;

• (b) for Quebec, $112,871,000;

• (c) for Nova Scotia, $12,922,000;

• (d) for New Brunswick, $10,340,000;

• (e) for Manitoba, $18,216,000;

• (f) for British Columbia, $67,464,000;

• (g) for Prince Edward Island, $2,089,000;

• (h) for Saskatchewan, $15,627,000;

• (i) for Alberta, $58,141,000;

• (j) for Newfoundland and Labrador, $6,952,000;

• (k) for Yukon, $543,000;

• (l) for the Northwest Territories, $598,000; and

• (m) for Nunavut, $516,000.

Additional Payments

Marginal note:Total payment of $4 billion

24.72 The Minister may pay an additional cash payment equal to

• (a) for Ontario, $1,550,847,000;

• (b) for Quebec, $902,412,000;

• (c) for Nova Scotia, $103,022,000;

• (d) for New Brunswick, $82,196,000;

• (e) for Manitoba, $145,208,000;

• (f) for British Columbia, $541,788,000;

• (g) for Prince Edward Island, $16,792,000;

• (h) for Saskatchewan, $124,089,000;

• (i) for Alberta, $465,330,000;

• (j) for Newfoundland and Labrador, $55,009,000;

• (k) for Yukon, $4,427,000;

• (l) for the Northwest Territories, $4,756,000; and

• (m) for Nunavut, $4,124,000.

Marginal note:Total payment of $2 billion

24.73 The Minister may pay an additional cash payment equal to

• (a) for Ontario, $775,500,000;

• (b) for Quebec, $450,006,000;

• (c) for Nova Scotia, $51,800,000;

• (d) for New Brunswick, $41,238,000;

• (e) for Manitoba, $72,437,000;

• (f) for British Columbia, $272,434,000;

• (g) for Prince Edward Island, $8,574,000;

• (h) for Saskatchewan, $61,759,000;

• (i) for Alberta, $232,332,000;

• (j) for Newfoundland and Labrador, $27,227,000;

• (k) for Yukon, $2,244,000;

• (l) for the Northwest Territories, $2,387,000; and

• (m) for Nunavut, $2,062,000.

Marginal note:Total payment of $2 billion

24.74 The Minister may pay an additional cash payment equal to

• (a) for Ontario, $776,262,000;

• (b) for Quebec, $447,067,000;

• (c) for Nova Scotia, $52,306,000;

• (d) for New Brunswick, $41,674,000;

• (e) for Manitoba, $72,450,000;

• (f) for British Columbia, $273,238,000;

• (g) for Prince Edward Island, $8,759,000;

• (h) for Saskatchewan, $61,385,000;

• (i) for Alberta, $233,120,000;

• (j) for Newfoundland and Labrador, $27,051,000;

• (k) for Yukon, $2,252,000;

• (l) for the Northwest Territories, $2,348,000; and

• (m) for Nunavut, $2,088,000.

Payments

Marginal note:Payments out of C.R.F.

24.8 Any amount payable under this Part may be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that may be prescribed.

Reduction or Withholding

Marginal note:Definitions

24.9 The following definitions apply in sections 25 to 25.5.

Minister

Minister means the Minister of Employment and Social Development. (ministre)

social assistance

social assistance means aid in any form to or in respect of a person in need. (assistance sociale)

Marginal note:Reduction or withholding — Canada Health Transfer and Canada Social Transfer

25 Subject to section 25.01, the cash contribution that may be provided to a province under section 24.2, 24.21, 24.5 or 24.51 is to be reduced or withheld for the purposes of giving effect to

• (a) any order made by the Governor in Council in respect of the province under section 15 or 16 of the Canada Health Act or, in the case of a cash contribution under section 24.5 or 24.51, section 25.3 or 25.4 of this Act; or

• (b) any deduction from the cash contribution under section 20 of the Canada Health Act.

Marginal note:Reimbursement — Canada Health Transfer

• 25.01 (1) A cash contribution provided to a province under section 24.21 may be increased by reimbursing, in whole or in part, a deduction referred to in paragraph 25(b).

• Marginal note:Certificate for reimbursement of deduction

  (2) If the Minister of Health is of the opinion that the circumstances giving rise to a deduction made under section 20 of the Canada Health Act no longer exist, he or she may issue a reimbursement certificate that sets out

  • (a) the details of the deduction, including the amount of extra-billing or user charges, the province to which it applies and the fiscal year in which the deduction was made; and

  • (b) the amount to be reimbursed.

• Marginal note:Time period

  (3) The Minister of Health may issue a reimbursement certificate under subsection (2) in the fiscal year in which the deduction was made or in the following two fiscal years and he or she must provide it to the Minister of Finance no later than March 6 of the final fiscal year in which the reimbursement may be made.

• Marginal note:Reimbursement

  (4) A reimbursement under this section must be made by the Minister of Finance upon receipt of a reimbursement certificate within the time period set out in subsection (3).

• Marginal note:Application

  (5) This section only applies to deductions made after March 31, 2017.

Marginal note:Criteria for eligibility — Canada Social Transfer

• 25.1 (1) In order that a province may qualify for a full cash contribution under sections 24.5 and 24.51 for a fiscal year, the laws of the province must not, in the case of persons described in subsection (2),

  • (a) require or allow a period of residence in the province or Canada to be set as a condition of eligibility for social assistance or for the receipt or continued receipt of social assistance; or

  • (b) make or allow the amount, form or manner of social assistance to be contingent on a period of such residence.

• Marginal note:No minimum residency period

  (2) The persons described for the purpose of subsection (1) are

  • (a) Canadian citizens;

  • (b) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) any person who, under section 24 of the Immigration and Refugee Protection Act, has been determined by an officer to be a victim of human trafficking and who holds a temporary resident permit issued under that section; and

  • (d) protected persons, within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

Marginal note:Referral to Governor in Council

• 25.2 (1) Subject to subsection (3), if the Minister, after consultation in accordance with subsection (2) with the minister responsible for social assistance in a province, is of the opinion that the province does not or has ceased to comply with section 25.1 and the province has not given an undertaking satisfactory to the Minister to remedy the non-compliance within a period that the Minister considers reasonable, the Minister must refer the matter to the Governor in Council.

• Marginal note:Consultation process

  (2) Before referring a matter to the Governor in Council under subsection (1) in respect of a province, the Minister must

  • (a) send by registered mail to the minister responsible for social assistance in the province a notice of concern with respect to any problem foreseen;

  • (b) seek any additional information available from the province with respect to the problem through bilateral discussions, and make a report to the province within ninety days after sending the notice of concern; and

  • (c) if requested by the province, meet within a reasonable time to discuss the report.

• Marginal note:Exception

  (3) The Minister may act under subsection (1) without consultation if he or she is of the opinion that a sufficient time has expired after reasonable efforts to achieve consultation were made and that consultation will not be achieved.

Marginal note:Order reducing or withholding contribution

• 25.3 (1) If the Governor in Council, on the referral of a matter under section 25.2, is of the opinion that the province does not or has ceased to comply with section 25.1, the Governor in Council may, by order,

  • (a) direct that any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be reduced, in respect of each non-compliance, by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the non-compliance; or

  • (b) if the Governor in Council considers it appropriate, direct that the whole of any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be withheld.

• Marginal note:Amending orders

  (2) The Governor in Council may, by order, repeal or amend any order made under subsection (1) if the Governor in Council is of the opinion that the repeal or amendment is warranted in the circumstances.

• Marginal note:Copy of order

  (3) A copy of each order made under this section together with a statement of any findings on which the order was based must be sent without delay by registered mail to the government of the province concerned, and the Minister must have the order and statement laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made.

• Marginal note:Commencement of order

  (4) An order made under subsection (1) does not come into force earlier than thirty days after a copy of the order has been sent to the government of the province concerned under subsection (3).

Marginal note:Reimposition of reductions or withholdings

25.4 In the case of a continuing failure to comply with section 25.1, any reduction or withholding under section 25.3 of a cash contribution to a province for a fiscal year must be reimposed for each succeeding fiscal year as long as the Minister is satisfied, after consultation with the minister responsible for social assistance in the province, that the non-compliance is continuing.

Marginal note:When reduction or withholding imposed

25.5 Any reduction or withholding under section 25.3 or 25.4 of a cash contribution may be imposed in the fiscal year in which the non-compliance that gave rise to the reduction or withholding occurred or in the following fiscal year.

Additional Withholding and Deduction

Marginal note:Definition of federal payment

• 25.6 (1) In this section, federal payment, in respect of a province, means a payment by Canada to the province under this or any other Act of Parliament or any fiscal arrangement or agreement between Canada and the province, whether enacted or entered into before or after the coming into force of this section.

• Marginal note:Additional withholding or reduction

  (2) If the Governor in Council makes an order under subsection 15(1) of the Canada Health Act or subsection 25.3(1) of this Act directing, in respect of a fiscal year, the withholding of an amount that, but for this section, would exceed the amount that could be withheld under that subsection, the Governor in Council may, in that order, deem any federal payment to the province to be, despite any provision of the Act, arrangement or agreement under which the federal payment is made, a cash contribution to that province for that fiscal year for the purpose of a reduction by, or a withholding of, the excess amount under either of those subsections, under section 16 or 17 of the Canada Health Act or under section 25.4 or 25.5 of this Act.

• Marginal note:Additional deduction

  (3) If the amount to be deducted under subsection 20(1) or (2) of the Canada Health Act for a fiscal year exceeds the amount from which it is to be deducted, the Governor in Council may, by order, deem any federal payment to the province to be, despite any provision in the Act, arrangement or agreement under which the federal payment is made, a cash contribution to that province for that fiscal year for the purpose of deducting the excess amount under that subsection or section 21 of that Act.