Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Federal-Provincial Fiscal Arrangements Act. (Loi)

population of a province for a fiscal year

population of a province for a fiscal year means the population of a province for a fiscal year as determined in accordance with section 2. (population d’une province pour un exercice)

taxation year

taxation year means a taxation year within the meaning of the Income Tax Act. (année d’imposition)

transfer payment

transfer payment means payment of the Canada Health Transfer or Canada Social Transfer under the Act, as the case may be. (paiement de transfert)

Determination of Population of a Province

2 Subject to subsection 4(7), the population of a province for a fiscal year shall be determined by the Chief Statistician of Canada on the basis of Statistics Canada’s official estimate of the population of that province on June 1 of that fiscal year.

Calculation of Equalized Tax Transfer

• 3 (1) For the purposes of clause 24.7(1)(b)(ii)(A) of the Act, the relevant revenue bases for a province for a fiscal year shall be determined as follows:

  • (a) with respect to personal income taxes, by aggregating

    • (i) 75% of the assessed federal individual income tax applicable to the province for the taxation year ending in the fiscal year, as determined by the Minister of National Revenue, and

    • (ii) 25% of the assessed federal individual income tax applicable to the province for the taxation year beginning in the fiscal year, as determined by the Minister of National Revenue; and

  • (b) with respect to corporation income taxes, by aggregating

    • (i) 75% of the aggregate of taxable income earned in the taxation year in the province, as determined by the Minister of National Revenue under subsection 124(4) of the Income Tax Act, for all corporations having a taxation year ending in the calendar year that ends in the fiscal year, and

    • (ii) 25% of the aggregate of taxable income earned in the taxation year in the province, as determined by the Minister of National Revenue under subsection 124(4) of the Income Tax Act, for all corporations having a taxation year ending in the calendar year that begins in the fiscal year.

• (2) For the purposes of clause 24.7(1)(b)(ii)(B) of the Act, the amount of equalization referred to in subparagraph 24.7(1)(b)(ii) of the Act shall be increased by the amount determined by the following formula, if subsection 4(6) of the Act applies in respect of a province for a fiscal year:

  P × [A × C/B]

  where

  P

  is the population of the province for the fiscal year;

  A

  is the average per capita yield in the provinces of Ontario, Quebec, Manitoba, British Columbia and Saskatchewan for the revenue sources referred to in subsection 24.7(2) of the Act for the fiscal year;

  B

  is the average per capita yield in the provinces of Ontario, Quebec, Manitoba, British Columbia and Saskatchewan for all revenue sources for the fiscal year, under subsection 4(1) of the Act; and

  C

  is the amount by which

  • (a) the equalization payment for the province determined in accordance with subsection 4(6) of the Act divided by the population of the province for that fiscal year

  exceeds

  • (b) the equalization payment for the province, determined in accordance with subsection 4(1) of the Act, divided by the population of the province for that fiscal year.

Interim Estimates

• 4 (1) In respect of each fiscal year,

  • (a) the Minister shall make an estimate of the amount, if any, of the transfer payment to a province for the fiscal year

    • (i) before April 16 of that fiscal year,

    • (ii) during the period beginning on September 1 and ending on October 12 of that fiscal year,

    • (iii) during the period beginning on January 12 and ending on the last day of February of that fiscal year,

    • (iv) during the period beginning on September 1 and ending on October 12 of the first fiscal year following the end of that fiscal year,

    • (v) during the period beginning on January 12 and ending on the last day of February of the first fiscal year following the end of that fiscal year,

    • (vi) during the period beginning on September 1 and ending on October 12 of the second fiscal year following the end of that fiscal year, and

    • (vii) during the period beginning on January 12 and ending on the last day of February of the second fiscal year following the end of that fiscal year; and

  • (b) if, in the opinion of the Minister, there is new information available that may have a significant effect on the amount of the transfer payment to one or more provinces, the Minister may alter an estimate of the amount, if any, of the transfer payment to be made for the fiscal year to a province

    • (i) during the second quarter of that fiscal year,

    • (ii) during March of that fiscal year, and

    • (iii) during any period beginning on the first day of the final month of a quarter and ending on the twelfth day of the subsequent quarter, other than the periods specified in paragraph (a), following the end of the fiscal year, until such time as the final computation under subsection 5(2) is completed.

• (2) If an estimate made under subparagraph (1)(a)(i) establishes that a transfer payment is to be made to a province for a fiscal year, the Minister shall pay to the province, on account of the final payment in respect of the fiscal year, an amount equal to one twenty-fourth of the amount so estimated on the first and third working days following the fifteenth calendar day of each month in that fiscal year.

• (3) If an estimate made under subparagraph (1)(a)(ii) or (iii) or (b)(i) establishes that the amount payable to the province under the immediately preceding estimate in respect of that fiscal year should be revised, the Minister shall

  • (a) if any amount remains payable to the province, adjust the remaining payments referred to in subsection (2) in respect of that fiscal year in accordance with the new estimate, beginning with the first payment in the month following the month during which that estimate was calculated; and

  • (b) if an overpayment has been made to the province, recover the amount of the overpayment before the end of the fiscal year.

• (4) If an estimate made under any of subparagraphs (1)(a)(iv) to (vii) or (b)(iii) establishes that

  • (a) an underpayment has been made to the province, the Minister shall pay the amount of the underpayment to the province within the four months following the month during which the estimate was made; and

  • (b) an overpayment has been made to the province, the Minister shall recover the amount of the overpayment within the four months following the month during which the estimate was made.

• (5) If an estimate made under subparagraph (1)(b)(ii) establishes that the amount payable to the province under the immediately preceding estimate in respect of that fiscal year should be revised, the Minister shall

  • (a) if any amount remains payable to the province, pay to the province the amount in the month during which the estimate was made or, if the province so requests, pay the province that amount within the four months following the month during which the estimate was made; and

  • (b) if an overpayment has been made to the province, recover the amount of the overpayment in the month during which the estimate was made or, if the province so requests, recover the amount within the four months following that month.

• (6) If an estimate establishes that an overpayment has been made to a province in respect of a fiscal year, the Minister may, subject to paragraph (3)(b), (4)(b) or (5)(b), recover the amount of the overpayment

  • (a) from any amount payable to the province under the Act; or

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

• (7) For the purpose of making an estimate under subsection (1), the population of a province for a fiscal year is the population of that province on June 1 of that fiscal year as estimated by the Minister on the basis of population statistics made available to the Minister by the Chief Statistician of Canada.

Final Computation

• 5 (1) The Chief Statistician of Canada shall, in respect of each fiscal year, prepare and submit to the Minister, not later than 30 months after the end of the fiscal year, a certificate in respect of that fiscal year based on the most recent information prepared by Statistics Canada for that fiscal year, setting out, in respect of each province, the population of the province for the fiscal years required by the Act.

• (2) Within 30 days after the receipt by the Minister of the certificate submitted by the Chief Statistician of Canada under subsection (1) in respect of a fiscal year, the Minister shall make the final computation on the basis of the information contained in that certificate of the amount, if any, of the transfer payment that is payable for that fiscal year under the Act to a province, and the Minister shall subsequently furnish each province with tables setting out the details of that computation.

• (3) If a final computation made under subsection (2) establishes that there remains an outstanding amount payable to a province in respect of a fiscal year, the Minister shall pay to the province the outstanding amount.

• (4) If a final computation made under subsection (2) establishes that an overpayment has been made to a province in respect of a fiscal year, the Minister shall recover the amount of the overpayment

  • (a) from any amount payable to the province under the Act; or

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

Coming into Force

6 These Regulations come into force on the day on which they are registered.