Federal-Provincial Fiscal Arrangements Act (R.S.C., 1985, c. F-8)

Act current to 2019-07-01 and last amended on 2018-06-21. Previous Versions

PART V.1Canada Health Transfer, Canada Social Transfer and Wait Times Reduction Transfer (continued)

Reduction or Withholding (continued)

Marginal note:Referral to Governor in Council

  •  (1) Subject to subsection (3), if the Minister, after consultation in accordance with subsection (2) with the minister responsible for social assistance in a province, is of the opinion that the province does not or has ceased to comply with section 25.1 and the province has not given an undertaking satisfactory to the Minister to remedy the non-compliance within a period that the Minister considers reasonable, the Minister must refer the matter to the Governor in Council.

  • Marginal note:Consultation process

    (2) Before referring a matter to the Governor in Council under subsection (1) in respect of a province, the Minister must

    • (a) send by registered mail to the minister responsible for social assistance in the province a notice of concern with respect to any problem foreseen;

    • (b) seek any additional information available from the province with respect to the problem through bilateral discussions, and make a report to the province within ninety days after sending the notice of concern; and

    • (c) if requested by the province, meet within a reasonable time to discuss the report.

  • Marginal note:Exception

    (3) The Minister may act under subsection (1) without consultation if he or she is of the opinion that a sufficient time has expired after reasonable efforts to achieve consultation were made and that consultation will not be achieved.

  • 2003, c. 15, s. 8

Marginal note:Order reducing or withholding contribution

  •  (1) If the Governor in Council, on the referral of a matter under section 25.2, is of the opinion that the province does not or has ceased to comply with section 25.1, the Governor in Council may, by order,

    • (a) direct that any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be reduced, in respect of each non-compliance, by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the non-compliance; or

    • (b) if the Governor in Council considers it appropriate, direct that the whole of any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be withheld.

  • Marginal note:Amending orders

    (2) The Governor in Council may, by order, repeal or amend any order made under subsection (1) if the Governor in Council is of the opinion that the repeal or amendment is warranted in the circumstances.

  • Marginal note:Copy of order

    (3) A copy of each order made under this section together with a statement of any findings on which the order was based must be sent without delay by registered mail to the government of the province concerned, and the Minister must have the order and statement laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made.

  • Marginal note:Commencement of order

    (4) An order made under subsection (1) does not come into force earlier than thirty days after a copy of the order has been sent to the government of the province concerned under subsection (3).

  • 2003, c. 15, s. 8
  • 2012, c. 19, s. 403

Marginal note:Reimposition of reductions or withholdings

 In the case of a continuing failure to comply with section 25.1, any reduction or withholding under section 25.3 of a cash contribution to a province for a fiscal year must be reimposed for each succeeding fiscal year as long as the Minister is satisfied, after consultation with the minister responsible for social assistance in the province, that the non-compliance is continuing.

  • 2003, c. 15, s. 8

Marginal note:When reduction or withholding imposed

 Any reduction or withholding under section 25.3 or 25.4 of a cash contribution may be imposed in the fiscal year in which the non-compliance that gave rise to the reduction or withholding occurred or in the following fiscal year.

  • 2003, c. 15, s. 8

Additional Withholding and Deduction

Marginal note:Definition of federal payment

  •  (1) In this section, federal payment, in respect of a province, means a payment by Canada to the province under this or any other Act of Parliament or any fiscal arrangement or agreement between Canada and the province, whether enacted or entered into before or after the coming into force of this section.

  • Marginal note:Additional withholding or reduction

    (2) If the Governor in Council makes an order under subsection 15(1) of the Canada Health Act or subsection 25.3(1) of this Act directing, in respect of a fiscal year, the withholding of an amount that, but for this section, would exceed the amount that could be withheld under that subsection, the Governor in Council may, in that order, deem any federal payment to the province to be, despite any provision of the Act, arrangement or agreement under which the federal payment is made, a cash contribution to that province for that fiscal year for the purpose of a reduction by, or a withholding of, the excess amount under either of those subsections, under section 16 or 17 of the Canada Health Act or under section 25.4 or 25.5 of this Act.

  • Marginal note:Additional deduction

    (3) If the amount to be deducted under subsection 20(1) or (2) of the Canada Health Act for a fiscal year exceeds the amount from which it is to be deducted, the Governor in Council may, by order, deem any federal payment to the province to be, despite any provision in the Act, arrangement or agreement under which the federal payment is made, a cash contribution to that province for that fiscal year for the purpose of deducting the excess amount under that subsection or section 21 of that Act.

  • 2003, c. 15, s. 8

References in Other Acts

Marginal note:References in other Acts

 Every reference to “Canada Health and Social Transfer” in any other Act of Parliament is to be read as a reference to “Canada Health Transfer and the Canada Social Transfer”.

  • 2003, c. 15, s. 8
  • 2012, c. 19, s. 404

Report

Marginal note:Report by Ministers

 The Minister, the Minister of Health and the Minister of Employment and Social Development may, together or individually, prepare a report on the administration and operation of this Part and have the report laid before each House of Parliament.

  • 2003, c. 15, s. 8
  • 2005, c. 35, s. 67
  • 2012, c. 19, s. 694
  • 2013, c. 40, s. 238

Parliamentary Review

Marginal note:Review

  •  (1) Parliament having authorized the appropriation of money for the Canada Health Transfer and the Wait Times Reduction Transfer for the purpose of giving effect to the 2004 10-Year Plan to Strengthen Health Care, a review of the progress in implementing that Plan shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established, using the reports referred to in the Plan. The committee shall undertake the review on or before March 31, 2008 and three years thereafter.

  • Marginal note:Report

    (2) The committee shall, within three months after beginning the review or within such further time as the Senate, the House of Commons or both Houses of Parliament, as the case may be, may authorize, submit a report on the result of that review to that House or both Houses.

  • 2005, c. 11, s. 6

Communiqués

Marginal note:Communiqués

 For greater certainty and for the purposes of this Part (V.1), the 2004 10-Year Plan to Strengthen Health Care includes the communiqués released in respect of the First Ministers’ Meeting on the Future of Health Care that was held from September 13 to 15, 2004.

  • 2005, c. 11, s. 6

PART VIAlternative Payments for Standing Programs

Marginal note:Definitions

 In this Part,

authorizing instrument

authorizing instrument[Repealed, 1995, c. 17, s. 54]

established programs

established programs[Repealed, 1995, c. 17, s. 54]

special welfare program

special welfare program[Repealed, 1995, c. 17, s. 54]

standing program

standing program[Repealed, 1995, c. 17, s. 54]

tax abatement

tax abatement means the percentage that is applied to the tax otherwise payable under this Part within the meaning assigned by subsection 120(4) of the Income Tax Act to determine the amount that is deemed by subsection 120(2) of that Act to have been paid by an individual on account of the individual’s tax for a taxation year; (abattement fiscal)

taxation year

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

  • R.S., 1985, c. F-8, s. 26
  • R.S., 1985, c. 11 (3rd Supp.), s. 10
  • 1995, c. 17, s. 54
  • 1999, c. 31, s. 239
 
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