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

• 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.