Nursing Home Care Benefits Regulations (C.R.C., c. 334)

Payment of Contributions

• 10 (1) Subject to sections 13 and 14 and to the observance of the undertakings contained in an agreement, contributions or advances on account thereof may be paid, on the certificate of the Minister, out of the Consolidated Revenue Fund.

• (2) Subject to any allowance for depreciation calculated in accordance with recognized and generally accepted accounting principles, no contribution shall be paid to a province under these Regulations in respect of any cost incurred by the province or municipalities in the province for care provided prior to the contribution commencement day.

11 No contributions shall be paid to a province under these Regulations for any cost in respect of which the payment of a grant or contribution by Canada is authorized under any Act of Parliament other than an Appropriation Act authorizing payments in relation to the operation of universal nursing home care benefit programs.

Operation of Agreement

12 Every agreement shall contain provisions to the effect that

• (a) the agreement will continue in force until March 31, 1976 so long as the provincial law remains in operation, and may, with the approval of the Governor in Council, be renewed each year for a period of one year by consent of the Minister and the province;

• (b) the agreement may, with the approval of the Governor in Council, be amended or terminated at any time by consent of the Minister and the province;

• (c) any schedule to the agreement may be amended at any time by consent of the Minister or a person designated by him and the province;

• (d) the province may at any time give to Canada notice of intention to terminate the agreement;

• (e) Canada may, at any time, give to the province notice of intention to terminate the agreement;

• (f) where notice of intention to terminate the agreement is given under the provision described in paragraph (d), the agreement shall cease to be effective for any period after the day fixed in the notice; and

• (g) where notice of intention to terminate the agreement is given under the provision described in paragraph (e), the agreement shall cease to be effective for any period after the day fixed in the notice or for any period after the expiration of three months from the day on which the notice is given, whichever is the later.

Claims for Contributions and Advances

• 13 (1) Where a contribution is payable to a province, the province shall furnish to the Minister a statement containing such information as the Minister may require for the purpose of determining the amount of that contribution.

• (2) The statement referred to in subsection (1) shall be in a form satisfactory to the Minister and shall be certified as to its correctness

  • (a) by a provincial minister or such other person, approved by the Minister, as may be designated by a provincial minister for that purpose; and

  • (b) by the provincial auditor or such other official or body as may be designated by the province, subject to such conditions as may be agreed to by the Minister.

• (3) The statement referred to in subsection (1) shall be furnished to the Minister within one year after the end of the year or initial period to which the statement relates or within such further period as the Minister may specify.

• (4) Upon the certificate of the Minister that the statement referred to in subsection (1) or such further information as the Minister may have requested for the purpose referred to in that subsection has been received and that the amount of the contribution has been determined, an amount equal to the amount of the contribution so determined, less the total of any advances pursuant to section 14 paid to the province on account of such contribution, shall be paid to the province.

• 14 (1) Where a contribution is payable to a province for a year or an initial period, an advance on account thereof may be paid to the province for any month in that year or initial period.

• (2) Where a province has requested an advance on account of a contribution, the province shall furnish to the Minister

  • (a) a statement, in a form satisfactory to the Minister and certified by a provincial minister or other person referred to in paragraph 13(2)(a), showing an estimate of the contribution payable to the province; and

  • (b) such further information as the Minister may require for the purpose of determining the amount of the advance.

• (3) Upon the certificate of the Minister that the statement referred to in paragraph (2)(a) and such further information as may be required under paragraph (2)(b) have been received, an advance in an amount determined in accordance with subsection (4) or (5), as the case may be, shall be paid to the province on or after the 20th day of the month for which the advance is made.

• (4) Where an advance is on account of a contribution payable to a province for a year, the amount of the advance shall be an amount equal to

  • (a) one-twelfth of the most recent estimate made by the Minister of the contribution payable for that year

  less

  • (b) any amount by which the aggregate of advances paid for prior months in that year exceeds the portion of that estimate that is payable to the province for those prior months.

• (5) Where an advance is on account of a contribution payable to a province for an initial period, the amount of the advance shall be an amount equal to

  • (a) that proportion of the most recent estimate made by the Minister of the contribution payable for that initial period that one month is of the total number of months in the initial period

  less

  • (b) any amount by which the aggregate of advances paid for prior months in that initial period exceeds the portion of that estimate that is payable to the province for those prior months.

15 Every agreement shall provide that

• (a) where a contribution or an advance on account thereof has been paid to a province and it is determined by the Minister that the amount paid is in excess of the amount payable under the agreement, an amount equal to the amount in excess thereof shall be paid to Canada by the province and, in the event that the amount is not so paid, it may be recovered at any time by Canada as a debt due to Canada by the province; and

• (b) in recovering any amount due as a debt under the provision described in paragraph (a), Canada may deduct, from any contribution or advance payable under the agreement or from any amount payable under an assistance agreement, an amount equal to the amount of the debt.