Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer Regulations

5 (1) In respect of each fiscal year referred to in subsection (1.1), the Chief Statistician of Canada shall prepare and submit to the Minister, not later than the period set out that subsection, 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.

(1.1) The Chief Statistician of Canada shall prepare the certificate for the following transfer payments and fiscal years and shall submit the certificate to the Minister within the periods set out below:

• (a) for the Canada Health Transfer in respect of each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2014, not later than 30 months after the end of that fiscal year;

• (b) for the Canada Social Transfer

  • (i) in respect of each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2007, not later than 30 months after the end of that fiscal year, and

  • (ii) in respect of each fiscal year in the period beginning on April 1, 2007 and ending on March 31, 2014, not later than six months after the end of that fiscal year; and

• (c) for the Wait Times Reduction Transfer for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014, not later than six months before the end of that fiscal year.

(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.

(2.1) Despite subsection (2), the Minister is not required to make the final computation of the amount of the transfer payment related to the Canada Health Transfer for the fiscal year 2009-2010.

(3) If a final computation made under subsection (2) establishes that there remains an amount payable to a province for a fiscal year, the Minister shall

• (a) in the case of the Canada Health Transfer or the Canada Social Transfer, pay to the province the amount; and

• (b) in the case of the Wait Times Reduction Transfer, adjust the remaining payments referred to in subsection 4(2) for that fiscal year in accordance with the final computation, beginning with the first payment in the month after the month during which that final computation was calculated.

(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.