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Federal-Provincial Fiscal Arrangements Regulations, 2007 (SOR/2007-303)

Regulations are current to 2024-05-01 and last amended on 2024-04-01. Previous Versions

PART 1Fiscal Equalization Payments (continued)

DIVISION 1Fiscal Equalization to the Provinces

Interpretation

 The following definitions apply in this Division.

business sector industry

business sector industry means any of the business sector industries as defined by Statistics Canada

  • (a) with respect to capital expenditures, for the purpose of its Provincial Supply and Use Tables’ detailed level final demand matrix; and

  • (b) with respect to intermediate input expenditures, for the purpose of its Provincial Supply and Use Tables’ summary level intermediate input matrix. (industrie du secteur des entreprises)

capital expenditures

capital expenditures means expenditures on commodities, as determined by Statistics Canada for the purpose of its Provincial Supply and Use Tables’ summary level final demand matrix, net of any taxes on products, also as determined by Statistics Canada. (dépenses en capital fixe)

capital expenditures for intellectual property products

capital expenditures for intellectual property products means the gross fixed capital formation in intellectual property products, as determined by Statistics Canada on the basis of data for or from its System of Macroeconomic Accounts, net of any own-account expenditures and any taxes on products, also as determined by Statistics Canada. (dépenses en capital fixe pour les produits de propriété intellectuelle)

capital expenditures for machinery and equipment

capital expenditures for machinery and equipment means the gross fixed capital formation in machinery and equipment, as determined by Statistics Canada on the basis of data for or from its System of Macroeconomic Accounts, net of any taxes on products, also as determined by Statistics Canada. (dépenses en capital fixe pour machines et matériel)

capital expenditures for non-residential structures

capital expenditures for non-residential structures means the gross fixed capital formation in non-residential structures, as determined by Statistics Canada on the basis of data for or from its System of Macroeconomic Accounts, net of any taxes on products, also as determined by Statistics Canada. (dépenses en capital fixe pour les ouvrages non résidentiels)

commodity

commodity means any of the commodities as defined by Statistics Canada for the purpose of its Provincial Supply and Use Tables’ summary level final demand matrix. (produit de base)

household final consumption expenditures

household final consumption expenditures means,

  • (a) in the case of expenditures relating to property insurance, accident and sickness insurance, auto insurance or life insurance, the gross premiums paid by insured individuals for that insurance, net of any taxes on products, as determined by Statistics Canada;

  • (b) in the case of expenditures relating to used vehicles, the amount paid by individuals for those vehicles, net of any taxes on products, as determined by Statistics Canada; and

  • (c) in the case of any other expenditures, household final consumption expenditures as determined by Statistics Canada for the purpose of its Provincial and Territorial Economic Accounts, net of any taxes on products, also as determined by Statistics Canada. (dépenses de consommation finale des ménages)

housing expenditure category

housing expenditure category means any of the following expenditure categories used by Statistics Canada for the purpose of its Provincial and Territorial Economic Accounts:

  • (a) expenditures, as determined by Statistics Canada, for residential housing, including the land, for

    • (i) new singles,

    • (ii) new doubles,

    • (iii) new rows,

    • (iv) new apartments,

    • (v) conversions,

    • (vi) cottages, and

    • (vii) mobile homes and other movable dwellings;

  • (b) expenditures for residential renovation; and

  • (c) expenditures for residential housing transfer. (catégorie de dépenses de logement)

housing expenditures

housing expenditures means expenditures, net of any taxes on products as determined by Statistics Canada, on

  • (a) residential housing, including the land, as determined by Statistics Canada for

    • (i) new singles,

    • (ii) new doubles,

    • (iii) new rows,

    • (iv) new apartments,

    • (v) conversions,

    • (vi) cottages, and

    • (vii) mobile homes and other movable dwellings;

  • (b) residential renovations as determined by Statistics Canada for the purpose of its Provincial and Territorial Economic Accounts; and

  • (c) residential housing transfers as determined by Statistics Canada for the purpose of its Provincial and Territorial Economic Accounts.(dépenses de logement)

intermediate input

intermediate input means any of the intermediate inputs as defined by Statistics Canada for the purpose of its Provincial Supply and Use Tables’ summary level intermediate input matrix. (intrant intermédiaire)

intermediate input commodity

intermediate input commodity[Repealed, SOR/2018-131, s. 4]

intermediate input expenditures

intermediate input expenditures means expenditures on intermediate inputs, as determined by Statistics Canada for the purpose of its Provincial Supply and Use Tables’ summary level intermediate input matrix, net of any taxes on products, also as determined by Statistics Canada. (dépenses en intrants intermédiaires)

net provincial sales tax revenues

net provincial sales tax revenues means revenues described in subparagraphs 4(1)(c)(i) and (ii), net of any provincial sales tax rebates. (recettes de taxe de vente provinciale nettes)

non-business sector industry

non-business sector industry[Repealed, SOR/2018-131, s. 4]

post-secondary educational services

post-secondary educational services means universities, colleges and C.E.G.E.P.s as defined by Statistics Canada for the purpose of its Provincial Supply and Use Tables’ detailed level intermediate input matrix. (services d’enseignement postsecondaire)

post-secondary education or non-profit industry

post-secondary education or non-profit industry means either of the following industries as defined by Statistics Canada:

  • (a) for the purpose of its Provincial Supply and Use Tables’ detailed level intermediate input matrix, with respect to the post-secondary educational services industry; or

  • (b) for the purpose of its Provincial Supply and Use Tables’ summary level intermediate input matrix, with respect to the non-profit institutions serving households industry. (industrie de l’éducation postsecondaire ou à but non lucratif)

public education or non-profit entity category

public education or non-profit entity category means either of the following categories, used by Statistics Canada for the purpose of its Provincial and Territorial Economic Accounts:

  • (a) government education services; or

  • (b) non-profit organizations. (catégorie des services gouvernementaux d’enseignement ou des organismes à but non lucratif)

  • SOR/2013-225, s. 4
  • SOR/2018-131, ss. 4, 20

Revenue Source

  •  (1) The provincial revenues that are derived from, or that are deemed to be derived from, the revenue sources referred to in paragraphs (a) to (e) of the definition revenue source in subsection 3.5(1) of the Act are

    • (a) in the case of revenues relating to personal income referred to in paragraph (a) of that definition,

      • (i) taxes imposed by a province on the income of individuals or unincorporated businesses, including a levy other than a universal pension plan levy,

      • (ii) taxes imposed by a province on the payroll of employers, and

      • (iii) revenues derived from levies or premiums imposed by a province specifically for the purpose of financing hospitalization insurance, medical care insurance or drug insurance, other than contributions to the Nova Scotia Seniors’ Pharmacare Program or the Alberta supplementary health benefits plans;

      • (iv) [Repealed, SOR/2013-225, s. 5]

    • (b) in the case of revenues relating to business income referred to in paragraph (b) of that definition,

      • (i) taxes, other than those referred to in paragraph (e), that are imposed by a province on the income of corporations,

      • (ii) remittances to a provincial government of profits of business enterprises of the province, other than remittances by

        • (A) a liquor board, commission or authority of the province,

        • (A.1) a cannabis board, commission or authority of the province,

        • (B) an enterprise that is engaged entirely or primarily in the marketing of oil or natural gas,

        • (C) an enterprise, board, commission or authority that is engaged in the administration of a provincial lottery, and

        • (D) an electricity enterprise,

      • (iii) revenues derived by a province from taxes imposed by the province on the paid-up capital of corporations, and

      • (iv) fines and penalties imposed on businesses by a province or local government;

    • (c) in the case of revenues relating to consumption referred to in paragraph (c) of that definition,

      • (i) sales taxes – including those on meals, hotel services, telecommunications and cable television, and amusement taxes – that are not described elsewhere in this subsection and that are imposed by a province or local government on final purchasers or on users of goods and services,

      • (ii) amounts paid to a province in accordance with a sales tax harmonization agreement,

      • (iii) a specific tax imposed by a province on final purchasers of tobacco and tobacco products,

      • (iv) taxes, other than those referred to in subparagraph (xv), that are imposed by a province on final purchasers of gasoline and diesel fuel used in an internal combustion engine, including aviation fuel and railway fuel, and on purchasers of liquefied petroleum gas,

      • (v) revenues derived by a province from fees for

        • (A) driver’s and chauffeur’s licences, and

        • (B) licences for, and registrations of, personal motor vehicles,

      • (vi) revenues derived by a province from fees for licences and registrations of commercial motor vehicles, including

        • (A) fees for licences for, and registrations of, trucks, buses, trailers, tractors and passenger vehicles used for commercial purposes,

        • (B) public service and common carrier fees, and

        • (C) revenues derived under reciprocity agreements with other provinces in respect of the licensing of commercial vehicles,

      • (vii) revenues derived by a province from

        • (A) remittances, to the provincial government by a liquor board, commission or authority of the province, of profits arising from sales of alcoholic beverages,

        • (B) a specific sales tax imposed by the province on the sale of alcoholic beverages by a liquor board, commission or authority of the province, and

        • (C) fees for licences and permits for the privilege of distilling, brewing, making, purchasing or dispensing alcoholic beverages,

      • (viii) [Repealed, SOR/2013-225, s. 5]

      • (ix) taxes imposed by a province on insurance premiums,

      • (x) taxes imposed by a province on amounts wagered in the province on harness and running horse races,

      • (xi) profits derived from the operation of games of chance that are remitted to a provincial government by

        • (A) a business enterprise, commission, authority or board of the province that conducts and manages games of chance in the province,

        • (B) a business enterprise, commission, authority or board that is jointly owned by the province and one or more other provinces and that conducts and manages games of chance in the province, or

        • (C) a business enterprise, commission, authority or board of another province that conducts and manages games of chance in the province,

      • (xii) revenues derived by a province from a tax imposed on casino winnings or from any other similar direct or indirect tax that is imposed in relation to the operation or sale of games of chance,

      • (xiii) profits, other than those referred to in subparagraph (xi), that are derived from the sale of goods or services – including the sale of food, drink, lodging and parking space – that are remitted to a provincial government by a casino that is owned or controlled by a business enterprise, commission, authority or board of the province or another province,

      • (xiv) the province’s share of revenue from any revenue that is shared by Canada and the province, other than the revenues referred to in subparagraphs (xvi) and (e)(vii) and (viii),

      • (xv) a carbon levy or tax imposed by a province, including a tax on fuel that is proportional to the greenhouse gas emissions that are generated by the burning of fuel, and revenues raised from auctioning carbon allowances, credits or permits under an emissions trading system, and

      • (xvi) revenues derived by a province from

        • (A) remittances, to the provincial government by a cannabis board, commission or authority of the province, of profits arising from sales of cannabis products,

        • (B) a specific sales tax imposed by the province on cannabis products by a cannabis board, commission or authority of the province,

        • (C) a specific sales tax imposed by the federal government on cannabis products that is shared with the province, and

        • (D) fees for licences and permits for the privilege of making, purchasing, distributing or selling cannabis products;

    • (d) in the case of revenues derived from property taxes referred to in paragraph (d) of that definition,

      • (i) taxes imposed by a province or local government on

        • (A) the owner of real or immovable property,

        • (B) the occupant of real or immovable property, if the owner is exempt from property taxes on that property, and

        • (C) a person occupying or using real or immovable property for the purpose of carrying on a business, if the taxes are computed in relation to that occupation or use by the person,

      • (ii) grants in lieu of taxes described in subparagraph (i) received by a province or local government in relation to real or immovable property that is exempt from taxation, other than that owned by Her Majesty in right of the province and occupied by a provincial government department or owned by the local government, and

      • (iii) taxes imposed by a province or local government on the sale price or value of real or immovable property when it is transferred; and

      • (iv) [Repealed, SOR/2023-230, s. 5]

      • (v) [Repealed, SOR/2023-230, s. 5]

    • (e) in the case of revenues derived from natural resources referred to in paragraph (e) of that definition,

      • (i) revenues attributable to oil from hydrocarbon deposits in a province, including revenues derived by the province from

        • (A) a levy imposed by the province for the privilege of producing oil from hydrocarbon deposits,

        • (B) a tax imposed by the province that is based on the assessed or estimated value of oil reserves, and

        • (C) a tax imposed by the province that is based on the price of oil produced from hydrocarbon deposits,

      • (ii) revenues derived by a province from a levy imposed by the province for the privilege of

        • (A) mining and carrying out the in-situ production of bitumen that may be used to produce synthetic petroleum, and

        • (B) producing oil from the experimental oil sands project that is subject to approval number 2943 of the Alberta Energy and Utilities Board,

      • (iii) revenues derived by a province, from domestically sold natural gas and exported natural gas, attributable to gas produced from hydrocarbon deposits in the province, including revenues derived from

        • (A) a levy imposed by the province for the privilege of producing gas or gas by-products from hydrocarbon deposits,

        • (B) a tax imposed by the province that is based on the assessed or estimated value of gas reserves, and

        • (C) remittances to the provincial government of the profits of the business enterprises of the province that are engaged, entirely or primarily, in the marketing of gas or gas by-products produced from hydrocarbon deposits,

      • (iv) revenues derived by a province from the granting of leases, reservations or other rights in relation to Crown land in the province for the purpose of exploration or exploitation of that land for the production of crude oil or the production of gas or gas by-products from hydrocarbon deposits,

      • (v) revenues, other than those from a revenue source referred to in any of subparagraphs (i) to (iv), derived by a province from the exploration for and the development and production of oil, natural gas, gas by-products and helium or other gaseous products from hydrocarbon deposits in the province,

      • (vi) revenues, derived by a province from the exploration for and the development and production of oil, natural gas and gas by-products from hydrocarbon deposits in the province, of a kind that falls within a revenue source set out in any of subparagraphs (i) to (iii) but that cannot be attributed only to that revenue source,

      • (vii) revenues received by Newfoundland and Labrador from the Government of Canada under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act,

      • (viii) revenues received by Nova Scotia from the Government of Canada under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act,

      • (ix) revenues attributable to mining in a province and derived by the province from

        • (A) a tax imposed by the province specifically on income from the mining of minerals, and

        • (B) royalties, licences, rentals and fees that are related to the exploration, development or production of minerals,

      • (x) revenues, other than payments to a province by the Government of Canada pursuant to section 99 of the Softwood Lumber Products Export Charge Act, 2006, attributable to forestry on Crown land and private land in the province and that are derived by the province from

        • (A) a tax imposed by the province specifically on income from logging on the land, and

        • (B) royalties, stumpage fees, licences, rentals and fees that are related to the exploitation of forestry resources on the land,

      • (xi) revenues derived by a province that are attributable to the right to use, or the use of, water resources, and

      • (xii) remittances to a provincial government of the profits of an electricity enterprise.

  • (1.1) [Repealed, SOR/2023-230, s. 5]

  • (2) For the purpose of paragraph (1)(e), if a province has changed its method of accounting for a fiscal year so that the revenue referred to in that paragraph is derived during a period that is other than 12 months, the Minister may adjust the amount of that revenue for that fiscal year to offset any effect of that change.

  • SOR/2008-318, s. 4
  • SOR/2013-225, s. 5
  • 2014, c. 13, s. 117
  • SOR/2018-131, s. 5
  • SOR/2023-230, s. 5
 

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