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Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

Assented to 2018-06-21

PART 5Greenhouse Gas Pollution Pricing Act (continued)

Making of Regulations

Marginal note:Making

  •  (1) The Fuel Charge Regulations, whose text is as follows and whose schedule is set out in Schedule 5 to this Act, are made:

    Fuel Charge Regulations

    Interpretation

    Marginal note:Definition of Act

    1 In these Regulations, Act means the Greenhouse Gas Pollution Pricing Act.

    PART 1Interest Rate

    Marginal note:Definitions

    2 The following definitions apply in this Part.

    basic rate

    basic rate, in respect of a particular quarter, means the rate that is the simple arithmetic mean, expressed as a percentage per year and rounded to the next higher whole percentage if the mean is not a whole percentage, of all amounts each of which is the average equivalent yield, expressed as a percentage per year, of Government of Canada Treasury Bills that mature approximately three months after their date of issue and that are sold at auctions of Government of Canada Treasury Bills during the first month of the quarter preceding the particular quarter. (taux de base)

    quarter

    quarter means any period of three consecutive months beginning on January 1, April 1, July 1 or October 1. (trimestre)

    Marginal note:Prescribed rates of interest

    3 For the purposes of Part 1 of the Act, the prescribed rate of interest in effect during a particular quarter is

    • (a) in the case of interest to be paid to the Receiver General, the sum of the basic rate in respect of the particular quarter and 4%;

    • (b) in the case of interest to be paid or applied on an amount payable by the Minister to a person (other than a corporation), the sum of the basic rate in respect of the particular quarter and 2%;

    • (c) in the case of interest to be paid or applied on an amount payable by the Minister to a corporation, the basic rate in respect of the particular quarter; and

    • (d) in any other case, the sum of the basic rate in respect of the particular quarter and 4%.

    PART 2Registered Specified Rail Carriers

    Marginal note:Prescribed persons — rail carriers

    4 A person listed in the schedule is prescribed for the purposes of paragraph 62(1)(b) of the Act.

  • Marginal note:Authority and Statutory Instruments Act

    (2) The Fuel Charge Regulations, as made by subsection (1), are deemed

    • (a) to have been made under section 166 of the Greenhouse Gas Pollution Pricing Act as enacted by section 186 of this Act;

    • (b) for the purposes of subsection 5(1) of the Statutory Instruments Act, to have been transmitted to the Clerk of the Privy Council for registration; and

    • (c) to have met the publication requirements of subsection 11(1) of the Statutory Instruments Act.

Consequential Amendments

R.S., c. A-1Access to Information Act

 Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to

  • Greenhouse Gas Pollution Pricing Act

    Loi sur la tarification de la pollution causée par les gaz à effet de serre

and a corresponding reference to “section 107 and subsection 255(3)”.

R.S., c. T-2Tax Court of Canada Act

 Paragraph 18.29(3)(a) of the Act is amended by adding the following after subparagraph (vi):

  • (vi.1) section 115 or 117 of the Greenhouse Gas Pollution Pricing Act,

 Subsection 18.31(2) of the Act is replaced by the following:

 Subsection 18.32(2) of the Act is replaced by the following:

  • Marginal note:Provisions applicable to determination of a question

    (2) If an application has been made under section 52 of the Air Travellers Security Charge Act, section 205 of the Excise Act, 2001, section 311 of the Excise Tax Act, section 122 of the Greenhouse Gas Pollution Pricing Act or section 63 of the Softwood Lumber Products Export Charge Act, 2006 for the determination of a question, the application or determination of the question must, subject to section 18.33, be determined in accordance with sections 17.1, 17.2 and 17.4 to 17.8, with any modifications that the circumstances require.

1999, c. 17; 2005, c. 38, s. 35Canada Revenue Agency Act

 Paragraph (a) of the definition program legislation in section 2 of the Canada Revenue Agency Act is replaced by the following:

 

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