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Budget Implementation Act, 2009 (S.C. 2009, c. 2)

Assented to 2009-03-12

 Subsection 3.5(1) of the Act is amended by adding the following in alphabetical order:

“equalized fiscal capacity”

« capacité fiscale après péréquation »

“equalized fiscal capacity” means, in respect of a province for a fiscal year, the product obtained by multiplying the per capita equalized fiscal capacity of that province for that fiscal year by the average annual population of that province for that fiscal year.

“per capita equalization payment”

« paiement de péréquation par habitant »

“per capita equalization payment” means, in respect of a province for a fiscal year, the quotient obtained by dividing the fiscal equalization payment that would be paid to that province for that fiscal year, if the amount of that payment were determined under section 3.2 and subsections 3.4(1) to (4) as if that province had not made an election under subsection 3.2(2), by the average annual population of that province for that fiscal year.

“per capita equalized fiscal capacity”

« capacité fiscale par habitant après péréquation »

“per capita equalized fiscal capacity” means, in respect of a province for a fiscal year, the amount determined by the formula

A + B + (C / F)

where

A, 
B and F have the same meaning as the descriptions of A, B and F, respectively, in the definition “total per capita fiscal capacity”; and
C 
is any fiscal equalization payment that may be paid to that province for that fiscal year if the amount of that payment were determined under paragraph 3.2(1)(a).

“per capita pre-adjustment equalized fiscal capacity”

« capacité fiscale par habitant après péréquation et avant rajustement »

“per capita pre-adjustment equalized fiscal capacity” means, in respect of a province for a fiscal year, the amount determined by the formula

A + B + C + [(D + E) / F]

where

A, 
B, D, E and F have the same meaning as the descriptions of A, B, D, E and F, respectively, in the definition “total per capita fiscal capacity”; and
C 
is the per capita equalization payment for that province for that fiscal year.
Marginal note:2007, c. 29, s. 62

 Subsection 3.7(3) of the Act is replaced by the following:

  • Marginal note:Election for subsequent fiscal years

    (3) Nova Scotia or Newfoundland and Labrador, as the case may be, may elect, at the prescribed time and in the prescribed manner, that the amount of the fiscal equalization payment that may be paid to that province

    • (a) for the fiscal year beginning on April 1, 2008, be determined under sections 3.2 and 3.4 as they read immediately before the day on which this subsection comes into force, rather than under subsection 3.6(1);

    • (b) for the fiscal year beginning on April 1, 2009, be the amount set out in section 3.11, rather than the amount determined under subsection 3.6(1); or

    • (c) for any fiscal year beginning after March 31, 2010, be determined under sections 3.2 and 3.4, rather than under subsection 3.6(1).

 Section 24.2 of the Act is renumbered as subsection 24.2(1) and is amended by adding the following:

  • Marginal note:Fiscal year 2009–2010

    (2) Despite subsection (1), the cash contribution established under paragraph 24.1(1)(a) that may be provided to a province for the fiscal year beginning on April 1, 2009 is

    • (a) for Ontario, $9,233,217,000;

    • (b) for Quebec, $5,798,516,000;

    • (c) for Nova Scotia, $700,137,000;

    • (d) for New Brunswick, $557,488,000;

    • (e) for Manitoba, $903,325,000;

    • (f) for British Columbia, $3,353,843,000;

    • (g) for Prince Edward Island, $104,364,000;

    • (h) for Saskatchewan, $843,451,000;

    • (i) for Alberta, $1,961,782,000;

    • (j) for Newfoundland and Labrador, $450,450,000;

    • (k) for Yukon, $26,457,000;

    • (l) for the Northwest Territories, $26,824,000; and

    • (m) for Nunavut, $27,208,000.

Marginal note:2007, c. 29, s. 71
  •  (1) Subsections 24.7(1.2) and (1.3) of the Act are replaced by the following:

    • Marginal note:Total equalized tax transfer — fiscal years 2007–2008 to 2010–2011

      (1.2) The total equalized tax transfer applicable to a province for each fiscal year in the period beginning on April 1, 2007 and ending on March 31, 2011 is the aggregate of

      • (a) the total amount, as determined by the Minister, for that fiscal year represented by the federal income tax reduction in that province in respect of the Canada Health Transfer and the Canada Social Transfer for that fiscal year, and

      • (b) in the case of a territory, zero, and in the case of a province, the amount equal to the lesser of

        • (i) the equalization payment payable to that province for that fiscal year under Part I, and

        • (ii) an amount equal to the greater of

          • (A) the product obtained by multiplying

            • (I) the aggregate of the amounts obtained by subtracting, for each revenue source referred to in paragraphs (a) and (b) of the definition “revenue source” in subsection 3.9(1), the per capita yield of the federal income tax reduction for that province for that fiscal year from the per capita national yield of the federal income tax reduction for that fiscal year

            by

            • (II) the population of that province for that fiscal year, and

          • (B) zero.

    • Marginal note:Total equalized tax transfer — fiscal year 2009–2010

      (1.21) Despite subsection (1.2), the total equalized tax transfer applicable to a province for the fiscal year beginning on April 1, 2009 is

      • (a) for Ontario, $5,531,594,000;

      • (b) for Quebec, $3,007,447,000;

      • (c) for Nova Scotia, $363,132,000;

      • (d) for New Brunswick, $289,145,000;

      • (e) for Manitoba, $468,518,000;

      • (f) for British Columbia, $1,649,531,000;

      • (g) for Prince Edward Island, $54,129,000;

      • (h) for Saskatchewan, $302,432,000;

      • (i) for Alberta, $2,129,928,000;

      • (j) for Newfoundland and Labrador, $123,276,000;

      • (k) for Yukon, $11,131,000;

      • (l) for the Northwest Territories, $22,794,000; and

      • (m) for Nunavut, $8,510,000.

    • Marginal note:Total equalized tax transfer — fiscal year 2011-2012 and later

      (1.22) The total equalized tax transfer applicable to a province for each fiscal year beginning after March 31, 2011 is the aggregate of the total amount, as determined by the Minister, for that fiscal year represented by the federal income tax reduction in that province in respect of the Canada Health Transfer and the Canada Social Transfer for that fiscal year and

      • (a) in the case of a province that receives an equalization payment for that fiscal year under Part I and in the case of Ontario, an amount equal to the lesser of

        • (i) the equalization payment payable to that province for that fiscal year under Part I, and

        • (ii) the amount equal to the product obtained by multiplying

          • (A) the aggregate of the amounts obtained by subtracting, for each revenue source referred to in paragraphs (a) and (b) of the definition “revenue source” in subsection 3.9(1), the per capita yield of the federal income tax reduction for that province for that fiscal year from the per capita national yield of the federal income tax reduction for that fiscal year

          by

          • (B) the population of that province for that fiscal year; or

      • (b) in any other case, zero.

    • Marginal note:Revenue sources

      (1.3) For the purposes of the calculation under subparagraph (1.2)(b)(ii) and paragraph (1.22)(a), the relevant revenue bases, per capita yield of the federal income tax reduction and per capita national yield of the federal income tax reduction are to be determined in the prescribed manner.

  • Marginal note:2007, c. 29, s. 71(7)

    (2) The portion of subsection 24.7(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Federal income tax reduction

      (2) For the purposes of subsections (1), (1.2) and (1.22), the amount represented by the federal income tax reduction in a province in respect of the Canada Health Transfer and the Canada Social Transfer for a fiscal year is an amount equal to the aggregate of

 The Act is amended by adding the following after section 24.701:

Marginal note:Payments to Ontario

24.702 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 subparagraph 24.7(1.2)(b)(i) for that fiscal year, and
    B 
    is the population of Ontario for that fiscal year.
Marginal note:2007, c. 29, s. 73

 Paragraph 40(a.1) of the Act is replaced by the following:

  • (a.1) respecting the information that must be prepared and submitted by the Chief Statistician of Canada for the purposes of Parts I, I.1, V and V.1;

 

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