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Version of document from 2007-11-17 to 2007-12-13:

Budget Implementation Act, 2007

S.C. 2007, c. 29

Assented to 2007-06-22

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Budget Implementation Act, 2007.

PART 1Amendments Related to Income Tax

Income Tax Act

 [Amendment]

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 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Income Tax Regulations

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendments]

Canada Education Savings Act

 [Amendments]

Canada Education Savings Regulations

 [Amendment]

Coordinating Amendments

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

PART 2Amendments to the Excise Tax Act (Other than with Respect to the Goods and Services Tax/Harmonized Sales Tax)

 [Amendment]

 [Amendment]

PART 3Amendments in Respect of the Goods and Services Tax/Harmonized Sales Tax

Excise Tax Act

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Coordinating Amendments

 [Amendment]

PART 4Other Measures Relating to Taxation

Customs Tariff

 [Amendment]

Federal-Provincial Fiscal Arrangements Act

 [Amendment]

 [Amendment]

Marginal note:Coming into force

 Sections 55 and 56 are deemed to have come into force on July 1, 2000.

Payments to Ontario

Marginal note:Payment of $250,000,000

 For the fiscal year beginning on April 1, 2007, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $250,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.

Marginal note:Payment of $150,000,000

 For the fiscal year beginning on April 1, 2008, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $150,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.

PART 5Tax-back Guarantee Act

Marginal note:Enactment of Act

 The Tax-back Guarantee Act is enacted as follows:

[See Tax-back Guarantee Act]

PART 6Federal-Provincial Fiscal Arrangements Act

Amendments to Act

 [Amendment]

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 [Amendments]

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 [Amendment]

Transitional Provisions

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

Consequential Amendments

Canada-Newfoundland Atlantic Accord Implementation Act

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

 [Amendment]

Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

Transitional Provisions

Marginal note:Effect of election by Newfoundland and Labrador — fiscal year 2007-2008

  •  (1) For the fiscal year that begins on April 1, 2007, if Newfoundland and Labrador makes the election under subsection 3.7(1) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act,

    • (a) section 220 of the Canada-Newfoundland Atlantic Accord Implementation Act shall be read as follows:

      Marginal note:Calculation

      220 The fiscal equalization offset payment that is to be paid to Her Majesty in right of the Province for a fiscal year pursuant to section 219 is the amount, as determined by the Federal Minister, equal to the aggregate of

      • (a) the amount, if any, by which

        • (i) the fiscal equalization payment that would be received by Her Majesty in right of the Province for the fiscal year if the amount of that payment were determined in accordance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act,

        is less than

        • (ii) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is less than or equal to 70 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 95 per cent,

        • (iii) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is less than or equal to 75 per cent but greater than 70 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 90 per cent, or

        • (iv) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is greater than 75 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 85 per cent

        of the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year as this paragraph read for that fiscal year, and

      • (b) the phase-out portion, in respect of the fiscal year, of the amount, as determined by the Federal Minister, by which

        • (i) the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year immediately preceding the fiscal year as that paragraph read for that fiscal year

        is greater than

        • (ii) the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province if the amount of that payment were determined in accordance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act, for the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year.

    • (b) a reference to average in section 220 of that Act, except within the expression national average per capita fiscal capac- ity, shall be considered to mean a weighted average where the most recent fiscal year that is taken into account in the calculation of the fiscal equalization payment shall be weighted at 50% and each of the other two fiscal years that are taken into account in the calculation of the fiscal equalization payment shall be weighted at 25%; and

    • (c) the definition fiscal equalization payment in section 18 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act shall be read as follows:

      fiscal equalization payment

      paiement de péréquation

      fiscal equalization payment means

      • (a) for the purposes of section 22, the fiscal equalization payment that would be received by the Province for a fiscal year if the amount of that payment were determined in accord- ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act; and

      • (b) for the purposes of sections 24 to 26, the fiscal equalization payment that would be received by the Province for a fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act if the Province’s total per capita fiscal capacity were the amount determined by the formula

        A + B + (C / F)

        where

        A,
        B, C and F have the same meaning as in the definition total per capita fiscal capacity in subsection 3.5(1) of that Act.
  • Marginal note:Effect of election by Nova Scotia — fiscal year 2007-2008

    (2) For the fiscal year that begins on April 1, 2007, if Nova Scotia makes the election under subsection 3.7(1) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, the definition fiscal equalization payment in section 4 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act shall be read as follows:

    fiscal equalization payment

    paiement de péréquation

    fiscal equalization payment means

    • (a) for the purposes of section 8, the fiscal equalization payment that would be received by the Province for a fiscal year if the amount of that payment were determined in accord- ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act; and

    • (b) for the purposes of sections 10 to 12, the fiscal equalization payment that would be received by the Province for a fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act if the Province’s total per capita fiscal capacity were the amount determined by the formula

      A + B + (C / F)

      where

      A,
      B, C and F have the same meaning as in the definition total per capita fiscal capacity in subsection 3.5(1) of that Act.
  • Marginal note:Effect of election by Newfoundland and Labrador — fiscal year 2008-2009

    (3) For the fiscal year that begins on April 1, 2008, if Newfoundland and Labrador does not make the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, and made, in respect of the preceding fiscal year, the election under subsection 3.7(1) of that Act, as enacted by that section 62,

    • (a) the portion of paragraph 220(a) of the Canada-Newfoundland Atlantic Accord Implementation Act after subparagraph (iv) shall be read as follows:

      of the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province if the amount of that payment were determined in accord-ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act, for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year as this paragraph read for that fiscal year, and

    • (b) subparagraph 220(b)(i) of that Act shall be read as follows:

      • (i) the aggregate of the fiscal equalization payment that would be received by Her Majesty in right of the Province if the amount of that payment were determined in accordance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act, for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year immediately preceding the fiscal year as that paragraph read for that fiscal year

  • Marginal note:Effect of election by Newfoundland and Labrador — fiscal year 2008-2009 and subsequent fiscal years

    (4) For the first fiscal year that begins after the coming into force of section 220 of the Canada-Newfoundland Atlantic Accord Implementation Act, as enacted by section 78 of this Act,

    • (a) the portion of paragraph 220(a) of that Act after subparagraph (iv) shall be read as follows:

      of the aggregate of the fiscal equalization payment that may be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year as this paragraph read for that fiscal year, and

    • (b) subparagraph 220(b)(i) of that Act shall be read as follows:

      • (i) the aggregate of the fiscal equalization payment that may be received by Her Majesty in right of the Province under Part I of the Federal-Provincial Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year immediately preceding the fiscal year as that paragraph read for that fiscal year

  • Marginal note:Non-application

    (5) If Newfoundland and Labrador makes the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act, for the fiscal year beginning on April 1, 2008 and that province had made the election under subsection 3.7(1) of that Act, as enacted by that section 62, for the preceding fiscal year, subsection (4) does not apply.

Coming into Force

Marginal note:Newfoundland and Labrador

  •  Footnote *(1) Sections 78, 79 and 82 come into force on a day to be fixed by order of the Governor in Council, but the day that is fixed must not be before the day on which Newfoundland and Labrador makes the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act.

  • Marginal note:Nova Scotia

    Footnote **(2) Section 81 comes into force on a day to be fixed by order of the Governor in Council, but the day that is fixed must not be before the day on which Nova Scotia makes the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act, as enacted by section 62 of this Act.

PART 7Amendments to the Financial Administration Act

Financial Administration Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * This Part comes into force on a day to be fixed by order of the Governor in Council.

PART 8Amendments to the Canada Mortgage and Housing Corporation Act

 [Amendments]

PART 9Amendments Relating to Eligible Financial Contracts

Bankruptcy and Insolvency Act

 [Amendments]

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 [Amendment]

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Canada Deposit Insurance Corporation Act

 [Amendments]

Companies’ Creditors Arrangement Act

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Payment Clearing and Settlement Act

 [Amendment]

 [Amendments]

 [Amendments]

Winding-up and Restructuring Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Transitional Provisions

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

 [Transitional provision]

Coordinating Amendments

 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote * Subsections 91(2), 103(2), 104(2) and 113(2) come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Subsection 103(2) in force November 17, 2007, see SI/2007-105; subsections 91(2), 104(2) and 113(2) in force November 17, 2007, see SI/2007-106.]

PART 10Payments to Provinces and Territories

Payment to British Columbia

Marginal note:Maximum payment of $30,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, a sum not exceeding thirty million dollars to the Province of British Columbia to promote fair and equitable economic development, in an environmentally sustainable and ecologically integrated manner, of First Nations in the Spirit Bear Rainforest area of British Columbia and the Queen Charlotte Islands of British Columbia.

Clean Air and Climate Change Trust Fund

Marginal note:Maximum payment of $1,519,000,000

  •  (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding one billion, five hundred and nineteen million dollars, to a trust established to provide provinces and territories with funding to support provincial and territorial projects that will result in reductions in greenhouse gas emissions and air pollutants. Territories may also use those funds to adapt to a changing climate.

  • Marginal note:Provincial or territorial share

    (2) The amount that may be provided to a province or territory under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1).

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

    (3) Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Transitional Payments

Marginal note:Maximum payment of $614,100,000

  •  (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding six hundred and fourteen million, one hundred thousand dollars, to a trust established to provide the Province of Ontario with funding for post-secondary education and training and the Provinces of Manitoba and Saskatchewan with funding for training.

  • Marginal note:Provincial share

    (2) The amount that may be provided to a province under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1) and allocated as follows:

    • (a) a sum not exceeding five hundred and seventy-four million dollars to the Province of Ontario;

    • (b) a sum not exceeding twenty-one million, seven hundred thousand dollars to the Province of Manitoba; and

    • (c) a sum not exceeding eighteen million, four hundred thousand dollars to the Province of Saskatchewan.

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

    (3) Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Human Papillomavirus Immunization

Marginal note:Maximum payment of $300,000,000

  •  (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding three hundred million dollars, to a trust established to provide the provinces and territories with funding in support of human papillomavirus immunization.

  • Marginal note:Provincial or territorial share

    (2) The amount that may be provided to a province or territory under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1).

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

    (3) Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Patient Wait Times Guarantee

Marginal note:Maximum payment of $612,000,000

  •  (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding six hundred and twelve million dollars, to a trust established to provide provinces and territories with funding in support of a patient wait times guarantee.

  • Marginal note:Provincial or territorial share

    (2) The amount that may be provided to a province or territory under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1).

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

    (3) Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Child Care Spaces

Marginal note:Maximum payment of $250,000,000

  •  (1) The Minister of Finance may, for the fiscal year beginning on April 1, 2007, make direct payments, in an aggregate amount not exceeding two hundred and fifty million dollars to the provinces and territories for the purpose of supporting the creation of child care spaces.

  • Marginal note:Provincial or territorial share

    (2) The amount that may be paid to a province or territory for the fiscal year referred to in subsection (1) is the amount determined by multiplying the amount set out in that subsection by the quotient obtained by dividing

    • (a) the population of the province or territory for the fiscal year

    by

    • (b) the total of the population of all provinces and territories for the fiscal year.

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

    (3) Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Payment to Yukon

Marginal note:Payment of $3,500,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of three million, five hundred thousand dollars to Yukon.

Payment to Northwest Territories

Marginal note:Payment of $54,400,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of fifty-four million, four hundred thousand dollars to the Northwest Territories.

PART 11Payments to Certain Entities

Nature Conservancy of Canada

Marginal note:Maximum payment of $225,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment, a sum not exceeding two hundred and twenty-five million dollars to the Nature Conservancy of Canada for its use.

Canada Health Infoway Inc.

Marginal note:Maximum payment of $400,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding four hundred million dollars to Canada Health Infoway Inc. for its use.

CANARIE Inc.

Marginal note:Maximum payment of $96,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding ninety-six million dollars to CANARIE Inc. for its use.

Genome Canada

Marginal note:Maximum payment of $100,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding one hundred million dollars to Genome Canada for its use.

Aid to Afghanistan

Marginal note:Afghanistan Reconstruction Trust Fund — $90,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of International Cooperation, a sum not exceeding ninety million dollars to the World Bank for the Afghanistan Reconstruction Trust Fund in respect of development assistance for Afghanistan.

Marginal note:UN Mine Action Service — $20,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of International Cooperation, a sum not exceeding twenty million dollars to the United Nations for use in UN Mine Action Service activities in Afghanistan.

Marginal note:UN Office on Drugs and Crime — $13,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding thirteen million dollars to the United Nations Office on Drugs and Crime, in respect of counter-narcotics initiatives for Afghanistan.

Marginal note:Counter Narcotics Trust Fund — $2,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding two million dollars to the United Nations Development Programme for the Counter Narcotics Trust Fund, in respect of counter-narcotics initiatives for Afghanistan.

Marginal note:Law and Order Trust Fund for Afghanistan — $10,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding ten million dollars to the United Nations Development Programme for the Law and Order Trust Fund for Afghanistan, for use consistent with the purposes of that fund.

Rick Hansen Man in Motion Foundation

Marginal note:Maximum payment of $30,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding thirty million dollars to the Rick Hansen Man in Motion Foundation for its use.

The Perimeter Institute for Theoretical Physics

Marginal note:Maximum payment of $50,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding fifty million dollars to The Perimeter Institute for Theoretical Physics for its use.

Canada Foundation for Sustainable Development Technology

Marginal note:Maximum payment of $200,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment and the Minister of Natural Resources, a sum not exceeding two hundred million dollars to the Canada Foundation for Sustainable Development Technology for its use.

PART 12Amendments Relating to Financial Institutions

Bank Act

 [Repealed, 2007, c. 29, s. 150]

 [Repealed, 2007, c. 29, s. 150]

Cooperative Credit Associations Act

 [Repealed, 2007, c. 29, s. 150]

Insurance Companies Act

 [Repealed, 2007, c. 29, s. 150]

 [Repealed, 2007, c. 29, s. 150]

Trust and Loan Companies Act

 [Repealed, 2007, c. 29, s. 150]

Coordinating Amendments

 [Amendments]

PART 13Amendments to the Department of Public Works and Government Services Act

 [Amendment]

 [Amendment]

 [Amendment]

PART 14Amendment to the Financial Consumer Agency of Canada Act

 [Amendment]

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