Federal-Provincial Fiscal Arrangements Regulations, 1999

24 (1) The Minister shall, for each province in relation to each fiscal year in the fiscal arrangements period or the period beginning on April 1, 2005 and ending on March 31, 2009, calculate the net aggregate of overpayments to be recovered from that province by determining

• (a) the net total of all underpayments and overpayments in relation to fiscal equalization payments — other than the amounts determined under sections 25 and 26 of the Federal-Provincial Fiscal Arrangements Regulations — fiscal stabilization payments and income tax payments under tax collection agreements, that are shown in that fiscal year to have been made in relation to each previous fiscal year within the period beginning on April 1, 1994 and ending on March 31, 2009 under the Act, these Regulations, the Federal-Provincial Fiscal Arrangements Regulations, the Fiscal Equalization Payments Regulations, 1999, the Tax Collection Agreements and Federal Post-Secondary Education and Health Contributions Regulations, 1987 and the tax collection agreements; and

• (b) the amount of any overpayment that is shown in that fiscal year to have been made in relation to that fiscal year of fiscal equalization payments, fiscal stabilization payments and income tax payments under tax collection agreements.

(2) On the request of a province, the Minister may not, during a fiscal year, recover from the province any amount of the net aggregrate of overpayments, as calculated under subsection (1), that is more than

• (a) in the case of the fiscal year that began on April 1, 1999, $105 per capita of the population of that province for that fiscal year;

• (b) in the case of the fiscal year that begins on April 1, 2000, $110 per capita of the population of that province for that fiscal year;

• (c) in the case of the fiscal year that begins on April 1, 2001, $115 per capita of the population of that province for that fiscal year;

• (d) in the case of the fiscal year that begins on April 1, 2002, $120 per capita of the population of that province for that fiscal year;

• (e) in the case of the fiscal year that begins on April 1, 2003, $125 per capita of the population of that province for that fiscal year; and

• (f) in the case of fiscal years in the period beginning on April 1, 2004 and ending on March 31, 2009, $120 per capita of the population of that province for that fiscal year.

(3) The recovery from a province of any outstanding balance of the net aggregate of overpayments that remains after subtracting the amount recovered during the fiscal year in accordance with the limit described in subsection (2), is to be deferred until the following fiscal year. The Minister shall take that balance into account in that following fiscal year in calculating for that province for that following fiscal year the net total of all overpayments and underpayments referred to in paragraph (1)(a).

(4) Despite subsections (2) and (3), any portion of that deferred outstanding balance of the net aggregate of overpayments that has not been recovered from the province by the end of the second fiscal year after the fiscal year during which recoveries of those overpayments were first made under subsection (2) is to be recovered during the fiscal year that immediately follows that second fiscal year. The Minister shall not take that portion into account in calculating the net aggregate of overpayments to be recovered from the province in relation to that immediately following fiscal year.