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

Act current to 2022-07-25 and last amended on 2022-06-23. Previous Versions

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

Transition Protection

Marginal note:Prevention of transfer declines — Canada Health Transfer

  •  (1) The Minister may pay to a province an additional cash payment for each fiscal year beginning after March 31, 2007 equal to the amount by which

    • (a) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for the fiscal year beginning on April 1, 2007 as calculated under this Act, as it read on March 28, 2007

    exceeds

    • (b) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for each of those fiscal years as calculated under this Act as it reads on the day on which this subsection comes into force.

  • Marginal note:Prevention of transfer declines — fiscal year 2014-2015 and later

    (1.1) The Minister may pay to a province an additional cash payment for each fiscal year beginning after March 31, 2014 equal to the amount by which

    • (a) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for the fiscal year beginning on April 1, 2013, as determined by the Minister between September 1, 2013 and October 12, 2013,

    exceeds

    • (b) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for each of those fiscal years as calculated under this Act as it reads on the day on which this subsection comes into force.

  • Marginal note:Prevention of transfer declines — Canada Social Transfer

    (2) The Minister may pay to a province an additional cash payment for each fiscal year beginning after March 31, 2007 equal to the amount by which

    • (a) the cash contribution established under paragraph 24.4(1)(a) to be provided to that province for the fiscal year beginning on April 1, 2007 as calculated under this Act, as it read on March 28, 2007

    exceeds

    • (b) the cash contribution established under paragraph 24.4(1)(a) to be provided to that province for each of those fiscal years as calculated under this Act as it reads on the day on which this subsection comes into force.

  • 2007, c. 29, s. 72
  • 2012, c. 19, s. 399

Marginal note:Payments to Ontario

 The Minister may pay to Ontario an additional cash payment equal to

  • (a) for the fiscal year beginning on April 1, 2009, the amount of $489,058,000; and

  • (b) for the fiscal year beginning on April 1, 2010, the amount determined by the formula

    -1 × A × B

    where

    A
    is the amount determined for Ontario under subclause 24.7(1.2)(b)(ii)(A)(I) for that fiscal year, and
    B
    is the population of Ontario for that fiscal year.
  • 2009, c. 2, s. 390
  • 2010, c. 12, s. 1647

Marginal note:Payments to Saskatchewan and Newfoundland and Labrador

 The Minister may pay an additional cash payment for the fiscal year beginning on April 1, 2010 equal to,

  • (a) for Saskatchewan, $7,304,000; and

  • (b) for Newfoundland and Labrador, $8,408,000.

  • 2010, c. 12, s. 1648

Additional Payments for Fiscal Year 2019–2020

Marginal note:Total payment of $500 million

 The Minister may pay an additional cash payment for the fiscal year beginning on April 1, 2019 equal to

  • (a) for Ontario, $193,721,000;

  • (b) for Quebec, $112,871,000;

  • (c) for Nova Scotia, $12,922,000;

  • (d) for New Brunswick, $10,340,000;

  • (e) for Manitoba, $18,216,000;

  • (f) for British Columbia, $67,464,000;

  • (g) for Prince Edward Island, $2,089,000;

  • (h) for Saskatchewan, $15,627,000;

  • (i) for Alberta, $58,141,000;

  • (j) for Newfoundland and Labrador, $6,952,000;

  • (k) for Yukon, $543,000;

  • (l) for the Northwest Territories, $598,000; and

  • (m) for Nunavut, $516,000.

Additional Payments

Marginal note:Total payment of $4 billion

 The Minister may pay an additional cash payment equal to

  • (a) for Ontario, $1,550,847,000;

  • (b) for Quebec, $902,412,000;

  • (c) for Nova Scotia, $103,022,000;

  • (d) for New Brunswick, $82,196,000;

  • (e) for Manitoba, $145,208,000;

  • (f) for British Columbia, $541,788,000;

  • (g) for Prince Edward Island, $16,792,000;

  • (h) for Saskatchewan, $124,089,000;

  • (i) for Alberta, $465,330,000;

  • (j) for Newfoundland and Labrador, $55,009,000;

  • (k) for Yukon, $4,427,000;

  • (l) for the Northwest Territories, $4,756,000; and

  • (m) for Nunavut, $4,124,000.

Marginal note:Total payment of $2 billion

 The Minister may pay an additional cash payment equal to

  • (a) for Ontario, $775,500,000;

  • (b) for Quebec, $450,006,000;

  • (c) for Nova Scotia, $51,800,000;

  • (d) for New Brunswick, $41,238,000;

  • (e) for Manitoba, $72,437,000;

  • (f) for British Columbia, $272,434,000;

  • (g) for Prince Edward Island, $8,574,000;

  • (h) for Saskatchewan, $61,759,000;

  • (i) for Alberta, $232,332,000;

  • (j) for Newfoundland and Labrador, $27,227,000;

  • (k) for Yukon, $2,244,000;

  • (l) for the Northwest Territories, $2,387,000; and

  • (m) for Nunavut, $2,062,000.

Payments

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

 Any amount payable under this Part may be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that may be prescribed.

  • 2003, c. 15, s. 8

Reduction or Withholding

Marginal note:Definitions

 The following definitions apply in sections 25 to 25.5.

Minister

Minister means the Minister of Employment and Social Development. (ministre)

social assistance

social assistance means aid in any form to or in respect of a person in need. (assistance sociale)

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

Marginal note:Reduction or withholding — Canada Health Transfer and Canada Social Transfer

 Subject to section 25.01, the cash contribution that may be provided to a province under section 24.2, 24.21, 24.5 or 24.51 is to be reduced or withheld for the purposes of giving effect to

  • (a) any order made by the Governor in Council in respect of the province under section 15 or 16 of the Canada Health Act or, in the case of a cash contribution under section 24.5 or 24.51, section 25.3 or 25.4 of this Act; or

  • (b) any deduction from the cash contribution under section 20 of the Canada Health Act.

  • R.S., 1985, c. F-8, s. 25
  • 1995, c. 17, s. 53
  • 1999, c. 26, s. 10
  • 2003, c. 15, s. 8
  • 2012, c. 19, s. 401
  • 2018, c. 12, s. 218

Marginal note:Reimbursement — Canada Health Transfer

  •  (1) A cash contribution provided to a province under section 24.21 may be increased by reimbursing, in whole or in part, a deduction referred to in paragraph 25(b).

  • Marginal note:Certificate for reimbursement of deduction

    (2) If the Minister of Health is of the opinion that the circumstances giving rise to a deduction made under section 20 of the Canada Health Act no longer exist, he or she may issue a reimbursement certificate that sets out

    • (a) the details of the deduction, including the amount of extra-billing or user charges, the province to which it applies and the fiscal year in which the deduction was made; and

    • (b) the amount to be reimbursed.

  • Marginal note:Time period

    (3) The Minister of Health may issue a reimbursement certificate under subsection (2) in the fiscal year in which the deduction was made or in the following two fiscal years and he or she must provide it to the Minister of Finance no later than March 6 of the final fiscal year in which the reimbursement may be made.

  • Marginal note:Reimbursement

    (4) A reimbursement under this section must be made by the Minister of Finance upon receipt of a reimbursement certificate within the time period set out in subsection (3).

  • Marginal note:Application

    (5) This section only applies to deductions made after March 31, 2017.

  • 2018, c. 12, s. 219

Marginal note:Criteria for eligibility — Canada Social Transfer

  •  (1) In order that a province may qualify for a full cash contribution under sections 24.5 and 24.51 for a fiscal year, the laws of the province must not, in the case of persons described in subsection (2),

    • (a) require or allow a period of residence in the province or Canada to be set as a condition of eligibility for social assistance or for the receipt or continued receipt of social assistance; or

    • (b) make or allow the amount, form or manner of social assistance to be contingent on a period of such residence.

  • Marginal note:No minimum residency period

    (2) The persons described for the purpose of subsection (1) are

  • 2003, c. 15, s. 8
  • 2012, c. 19, s. 402
  • 2014, c. 39, s. 173

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
 
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