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Federal-Provincial Fiscal Arrangements Act (R.S.C. 1970, c. F-6)

Act current to 2021-02-15

Federal-Provincial Fiscal Arrangements Act

R.S.C. 1970, c. F-6

An Act to authorize the making of certain fiscal payments to provinces, and to authorize the entry into tax collection agreements with provinces

Short Title

Marginal note:Short title

 This Act may be cited as the Federal-Provincial Fiscal Arrangements Act.

  • 1966-67, c. 89, s. 1

Interpretation

Marginal note:Definitions

 In this Act

fiscal year

fiscal year means the period of twelve months commencing on the 1st day of April and ending on the 31st day of March next following; (année financière)

former Act

former Act means the Federal-Provincial Fiscal Arrangements Act, chapter 58 of the Statutes of Canada, 1960-61; (loi antérieure)

Minister

Minister means the Minister of Finance; (Ministre)

prescribed

prescribed means prescribed by regulation; (prescrit)

province

province does not include the Northwest Territories or the Yukon Territory. (province)

  • 1966-67, c. 89, s. 2

PART IEqualization, Stabilization and Succession Duty Payments

Marginal note:Provincial revenue equalization payments

 Subject to this Act, the Minister may pay to a province, for each fiscal year in the period commencing on the 1st day of April 1967 and ending on the 31st day of March 1972, a provincial revenue equalization payment not exceeding the amount computed in accordance with section 7.

  • 1966-67, c. 89, s. 3

Marginal note:Provincial revenue stabilization payments

 Subject to this Act, the Minister may pay to a province, for each fiscal year commencing on or after the 1st day of April 1967, a provincial revenue stabilization payment not exceeding the amount computed in accordance with section 10.

  • 1966-67, c. 89, s. 4

Marginal note:Succession duty payments

  •  (1) The Minister may, for each fiscal year commencing on or after the 1st day of April 1967, pay to a province that does not levy a succession duty as defined by regulation in respect of successions or transmissions consequent upon, or on property passing upon, any death occurring in the fiscal year, an amount equal to the basic estate tax applicable to the province for the fiscal year.

  • Marginal note:Idem

    (2) The Minister may, for each fiscal year commencing on or after the 1st day of April 1967, pay to a province that levies a succession duty as defined by regulation in respect of successions or transmissions consequent upon, or on property passing upon, any death occurring in the fiscal year, if that province does not increase its succession duties in the fiscal year beyond the rates thereof in effect on the 31st day of March 1964, an amount equal to one-third of the basic estate tax applicable to the province for the fiscal year.

  • Basic estate tax

    (3) In this section basic estate tax as applied to a province for a fiscal year means the amount, as determined by the Minister, that would be derived from a tax equal to seventy-five per cent of the total amount of estate tax payable pursuant to the Estate Tax Act in respect of

    • (a) property situated in the province and included in the estates of persons dying in the fiscal year domiciled in the province,

    • (b) property situated in the province and included in the estates of persons dying in the fiscal year domiciled outside the province, and

    • (c) property (other than real property) situated outside Canada, passing to persons domiciled or resident in the province and included in the estates of persons dying in the fiscal year domiciled in the province.

  • 1966-67, c. 89, s. 5

Marginal note:C.R.F.

 The amounts authorized to be paid by sections 3, 4 and 5 shall be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed.

  • 1966-67, c. 89, s. 6

Provincial Revenue Equalization Payments

Marginal note:Provincial revenue equalization payments

 The provincial revenue equalization payment that may be paid to a province for a fiscal year is an amount equal to

  • (a) the general equalization applicable to the province for the fiscal year computed in accordance with section 8,

  • (b) in the case of a province to which a grant was paid under subsection 3(2) of the former Act in respect of the fiscal year commencing on the 1st day of April 1966, the guaranteed equalization applicable to the province for the fiscal year computed in accordance with subsection 9(1), or

  • (c) in the case of the Province of Saskatchewan and in respect of each fiscal year in the period commencing on the 1st day of April 1967 and ending on the 31st day of March 1971, the guaranteed equalization applicable to the province for the fiscal year computed in accordance with subsection 9(2),

whichever is the greatest.

  • 1966-67, c. 89, s. 7

Marginal note:General equalization

  •  (1) The general equalization applicable to a province for a fiscal year is an amount, as determined by the Minister, equal to the product obtained by multiplying the population of the province for the fiscal year by the amount, if any, that will cause

    • (a) the per capita amount derived by dividing

      • (i) the aggregate of the products obtained by multiplying the national average provincial revenue rate for each revenue source for the fiscal year by the revenue base for that revenue source for the province for the fiscal year,

      by

      • (ii) the population of the province for the fiscal year,

    to equal

    • (b) the per capita amount derived by dividing

      • (i) the aggregate of the products obtained by multiplying the national average provincial revenue rate for each revenue source for the fiscal year by the revenue base for that revenue source for all the provinces for the fiscal year,

      by

      • (ii) the total population of all the provinces for the fiscal year.

  • Marginal note:Definitions

    (2) In this section

    fiscal period

    fiscal period for a revenue source means such period as may be prescribed, in the case of that revenue source, for the purpose of determining the national average provincial revenue rate for that revenue source for a fiscal year; (exercice financier)

    national average provincial revenue rate

    national average provincial revenue rate for a revenue source for a fiscal year is the rate derived by dividing

    • (a) the total revenue, as determined by the Minister, from that revenue source for all the provinces for the fiscal period prescribed in the case of that revenue source,

    by

    • (b) the total revenue base, as determined by the Minister, for that revenue source for all the provinces for the fiscal period prescribed in the case of that revenue source; (taux national moyen du revenu provincial)

    revenue base

    revenue base for a revenue source for a province for a fiscal year has the meaning given to that expression by regulation; (base de revenu)

    revenue source

    revenue source means any of the following sources, as more particularly defined by regulation, from which provincial revenues are or may be derived, namely:

    • (a) personal income tax,

    • (b) corporation income tax,

    • (c) succession duties and shares of estate tax,

    • (d) general sales tax,

    • (e) motor fuel tax,

    • (f) motor vehicle revenues,

    • (g) alcoholic beverage revenues,

    • (h) forestry revenues,

    • (i) oil royalties,

    • (j) natural gas royalties,

    • (k) sales of Crown leases and reservations on oil and natural gas lands,

    • (l) oil and gas revenues, other than those described in paragraphs (i), (j) and (k),

    • (m) metallic and non-metallic mineral revenues,

    • (n) water power rentals,

    • (o) provincial taxes, other than those described in any of paragraphs (a) to (n), and

    • (p) miscellaneous provincial revenues. (source de revenu)

  • Marginal note:Application

    (3) In determining for the purposes of the definition national average provincial revenue rate in subsection (2) the revenue from the revenue source described in paragraph (a) of the definition revenue source in subsection (2) for a province for a fiscal year, the Minister may deduct from the amount that but for this subsection would have been the revenue therefrom the estimated amount, as determined by the Minister, by which the revenues derived by Canada from individual income taxes for the taxation year ending in that fiscal year under the Income Tax Act are less than the revenues that would have been derived from such taxes for that taxation year if no additional amounts had been deductible under section 33 of that Act, in the case of individuals resident in that province in that taxation year,

    • (a) in consequence of the province providing schooling allowances within the meaning of the Youth Allowances Act, and

    • (b) in consequence of the application to that province of the Established Programs (Interim Arrangements) Act.

  • Marginal note:Determination of population

    (4) For purposes of this section

    • (a) the population of a province

      • (i) for a calendar year in which a census thereof was taken, is the population as ascertained by the census, and

      • (ii) for any other calendar year, is the population on the 1st day of June in that year as estimated by the Dominion Statistician on the assumption that the population changed by the same number of persons annually between censuses; and

    • (b) the population of a province for a fiscal year is the population determined in accordance with this subsection for the calendar year in which the fiscal year begins.

  • R.S.C. 1970, c. F-6, s. 8
  • 1970-71-72, c. 43, s. 3

Marginal note:Guaranteed equalization

  •  (1) The guaranteed equalization applicable to a province referred to in paragraph 7(b) for a fiscal year is an amount equal to the aggregate of

    • (a) the amounts payable to the province under subsections 3(1) and (2) of the former Act in respect of the fiscal year commencing on the 1st day of April 1966,

    • (b) in the case of the Provinces of Nova Scotia, New Brunswick and Newfoundland, the amount of ten and one-half million dollars each, and

    • (c) in the case of the Province of Prince Edward Island, the amount of three and one-half million dollars.

  • Marginal note:Saskatchewan transitional payments

    (2) The guaranteed equalization applicable to the Province of Saskatchewan for a fiscal year is an amount, as determined by the Minister, equal to the product obtained by multiplying the amount payable to the Province of Saskatchewan under subsection 3(1) of the former Act in respect of the fiscal year commencing on the 1st day of April 1966, by the following fraction:

    • (a) in respect of the fiscal year commencing on April 1, 1967, four-fifths;

    • (b) in respect of the fiscal year commencing on April 1, 1968, three-fifths;

    • (c) in respect of the fiscal year commencing on April 1, 1969, two-fifths; and

    • (d) in respect of the fiscal year commencing on April 1, 1970, one-fifth.

  • 1966-67, c. 89, s. 9

Provincial Revenue Stabilization Payments

Marginal note:Provincial revenue stabilization payments

  •  (1) The provincial revenue stabilization payment that may be paid to a province for a fiscal year is the amount, as determined by the Minister, by which

    • (a) ninety-five per cent of the net general revenue of the province for the immediately preceding fiscal year

    exceeds

    • (b) the adjusted current net general revenue of the province for the fiscal year.

  • Marginal note:Definitions

    (2) In this section

    adjusted current net general revenue

    adjusted current net general revenue, as applied to a province for a fiscal year, means the net general revenue for the fiscal year adjusted in prescribed manner on the basis of the revenue rates and revenue structure of the province in effect for the immediately preceding year; (revenu général net courant ajusté)

    net general revenue

    net general revenue, as applied to a province for a fiscal year, means the net general revenue for the fiscal year as shown in the table “Net General Revenue for Fiscal Year” in the publication of the Dominion Bureau of Statistics entitled “Provincial Government Finance, Revenue and Expenditure”, altered in prescribed manner to reflect

    • (a) the average revenue of the province from the revenue source described in paragraph (c) of the definition revenue source in subsection 8(2) for that and the two immediately preceding fiscal years, and

    • (b) the average revenue of the province from the revenue source described in paragraph (k) of the definition revenue source in subsection 8(2) for that and the four immediately preceding fiscal years,

    and minus any amount deductible under subsection 8(3) in determining the revenue of the province for the fiscal year from the revenue source referred to in that subsection. (revenu général net)

  • Marginal note:Application to be made

    (3) A provincial revenue stabilization payment may be paid to a province in respect of a fiscal year only upon receipt by the Minister, not later than eighteen months after the end of the fiscal year, of an application by the province therefor containing such information as may be prescribed.

  • 1966-67, c. 89, s. 10

PART IIPost-Secondary Education Adjustment Payments

Marginal note:Definitions

  •  (1) In this Part

    adjustment payment

    adjustment payment means a post-secondary education adjustment payment referred to in section 12; (paiement de rajustement)

    educational institution

    educational institution means an institution of learning that offers courses at a post-secondary level; (établissement d’enseignement)

    federal revenue abatement relating to post-secondary education

    federal revenue abatement relating to post-secondary education applicable to a province for a fiscal year has the meaning given to that expression by section 15; (abattement du revenu fédéral relatif à l’enseignement post-secondaire)

    junior matriculation

    junior matriculation, in respect of a province, has the meaning given to that expression by regulation; (immatriculation junior)

    operating expenditures

    operating expenditures for post-secondary education in a province in a fiscal year has the meaning given to that expression by section 14; (frais de fonctionnement)

    post-secondary education

    post-secondary education, in respect of a province, means every course of studies in the province that

    • (a) requires for admission the attainment of a level not lower than that of junior matriculation in the province,

    • (b) is of not less than twenty-four weeks duration, and

    • (c) has been certified as a course of studies at a post-secondary level by such person or persons as may be designated by the Lieutenant Governor in Council of the province for such purpose; (enseignement post-secondaire)

    post-secondary level

    post-secondary level has the meaning given to that expression by regulation. (niveau post-secondaire)

  • Marginal note:Determination of population and financial year

    (2) For the purposes of this Part

    • (a) the population of a province for a calendar year is the population on the 1st day of June in that year as estimated by the Dominion Statistician; and

    • (b) a financial year of an educational institution is related to a fiscal year if more than one-half of the total number of days in the financial year fall within the fiscal year.

  • 1966-67, c. 89, s. 11

Marginal note:Post-secondary education adjustment payments

 Subject to this Act, the Secretary of State of Canada may, for each fiscal year in the period commencing on the 1st day of April 1967 and ending on the 31st day of March 1972, authorize the payment to a province of a post-secondary education adjustment payment not exceeding the amount computed in accordance with section 13.

  • 1966-67, c. 89, s. 12

Marginal note:Adjustment payments for 1967

  •  (1) The adjustment payment that may be paid to a province for the fiscal year commencing on the 1st day of April 1967 is an amount equal to

    • (a) the greater of

      • (i) an amount, as determined by the Secretary of State of Canada, equal to fifty per cent of the operating expenditures for post-secondary education in the province in the fiscal year, and

      • (ii) the product obtained by multiplying $15 by the population of the province for the 1967 calendar year,

    minus

    • (b) the aggregate of

      • (i) the federal revenue abatement relating to post-secondary education applicable to the province for the fiscal year,

      • (ii) in the case of a province described in paragraph 7(b) or (c), the lesser of

        • (A) the portion, as determined in prescribed manner, of the provincial revenue equalization payment payable to the province for the fiscal year that is attributable to the federal revenue abatement relating to post-secondary education applicable to the province for the fiscal year, and

        • (B) the amount, if any, by which the general equalization applicable to the province for the fiscal year, computed in accordance with section 8, exceeds the guaranteed equalization applicable to the province for the fiscal year, computed in accordance with subsection 9(1) or (2), as the case may be, and

      • (iii) in the case of any other province, the portion, as determined in prescribed manner, of the provincial revenue equalization payment payable to the province for the fiscal year that is attributable to the federal revenue abatement relating to post-secondary education applicable to the province for the fiscal year.

  • Marginal note:Adjustment payments after 1967

    (2) Subject to subsection (3), the adjustment payment that may be paid to a province for a fiscal year commencing after the 1st day of April 1967 is an amount equal to

    • (a) in the case of a province in respect of which the amount determined under subparagraph (1)(a)(i) is greater than the amount determined under subparagraph (1)(a)(ii), the amount, as determined by the Secretary of State of Canada, that is equal to fifty per cent of the operating expenditures for post-secondary education in the province in the fiscal year;

    • (b) in the case of any other province, the product obtained by multiplying

      • (i) the amount determined for the immediately preceding fiscal year under paragraph (1)(a) if such year commenced on the 1st day of April 1967, or under this paragraph if such year commenced after the 1st day of April 1967,

      by

      • (ii) the quotient derived by dividing

        • (A) the aggregate of the amounts, as determined by the Secretary of State of Canada, of the operating expenditures for post-secondary education in all of the provinces in the fiscal year,

        by

        • (B) the aggregate of the amounts, as determined by the Secretary of State of Canada, of the operating expenditures for post-secondary education in all of the provinces in the immediately preceding fiscal year,

    minus

    • (c) the aggregate of

      • (i) the federal revenue abatement relating to post-secondary education applicable to the province for the fiscal year,

      • (ii) in the case of a province described in paragraph 7(b) or (c), the lesser of

        • (A) the portion determined in the manner described in clause (1)(b)(ii)(A) for the fiscal year, and

        • (B) the amount, if any, determined in the manner described in clause (1)(b)(ii)(B) for the fiscal year, and

      • (iii) in the case of any other province, the amount determined in the manner described in subparagraph (1)(b)(iii) for the fiscal year.

  • Marginal note:Alteration of adjustment payments

    (3) Where the adjustment payment that may be paid to a province, other than a province described in paragraph (2)(a), for a fiscal year commencing after the 1st day of April 1967 is less than

    • (a) the amount, as determined by the Secretary of State of Canada, equal to fifty per cent of the operating expenditures for post-secondary education in the province in the fiscal year

    minus

    • (b) the aggregate determined in the manner described in paragraph (2)(c) for the fiscal year,

    the adjustment payment that may be paid to the province for the fiscal year shall be an amount equal to the amount referred to in paragraph (a) minus the aggregate referred to in paragraph (b), and in computing the adjustment payment that may be paid to the province for any subsequent fiscal year the province shall be deemed to be a province described in paragraph (2)(a).

  • 1966-67, c. 89, s. 13

Marginal note:Operating expenditures

  •  (1) Subject to subsections (2) and (3), the operating expenditures for post-secondary education in a province in a fiscal year are the aggregate of the operating expenditures incurred for post-secondary education by or in respect of each educational institution in the province during the financial year of the institution related to the fiscal year, but do not include

    • (a) any amount expended in respect of student financial aid;

    • (b) any amount expended as or on account of the capital cost of land, buildings, physical plant, facilities or equipment, except as otherwise proviced by regulation;

    • (c) any amount expended as or on account of interest;

    • (d) any amount expended in payment of a capital debt;

    • (e) any provision for depreciation on buildings, physical plant, facilities or equipment;

    • (f) any amount expended in respect of a prescribed ancillary enterprise undertaken or operated by an educational institution; and

    • (g) such portion of any amount expended as or on account of rent on land, buildings, physical plant, facilities or equipment as may be prescribed.

  • Marginal note:Idem

    (2) In determining the operating expenditures incurred for post-secondary education by or in respect of an educational institution during a financial year of the institution, there shall be deducted from the amount thereof otherwise determined

    • (a) any amount received by the institution in the year for assisted, sponsored or contract research; and

    • (b) any amount received by the institution in the year from Her Majesty in right of Canada or any agent thereof or from the Canada Council;

    except as otherwise provided by regulation.

  • Marginal note:Idem

    (3) In determining the operating expenditures for post-secondary education in a province in a fiscal year, there shall be deducted from the amount thereof otherwise determined any amount paid to the province in the year by Her Majesty in right of Canada or any agent thereof, otherwise than pursuant to this Act, that is prescribed for purposes of this subsection to be an amount paid in respect of post-secondary education.

  • 1966-67, c. 89, s. 14

Marginal note:Federal revenue abatement

 The federal revenue abatement relating to post-secondary education applicable to a province for a fiscal year is the amount of the revenue loss sustained by Canada in respect of the fiscal year, by virtue of certain deductions permitted by Part I of the Income Tax Act in computing income taxes payable for a taxation year ending in the fiscal year, calculated as the aggregate of

  • (a) the amount, as determined by the Minister, that would be derived from a tax

    • (i) on the incomes (other than incomes from businesses) of individuals resident in the province on the last day of that taxation year, within the meaning of the Income Tax Act,

    • (ii) on the incomes (other than incomes from businesses) earned in the province in that taxation year by individuals not resident in Canada at any time during that taxation year, within the meaning of the Income Tax Act, and

    • (iii) on the incomes from businesses earned in the province in that taxation year by individuals, within the meaning of the Income Tax Act,

    equal to four one-hundredths of the tax otherwise payable, within the meaning of section 33 of the Income Tax Act, on those incomes; and

  • (b) the amount, as determined by the Minister, that would be derived from a tax on the income earned in the province by each corporation (other than a non-resident owned investment corporation as defined in the Income Tax Act or a corporation specified in Schedule D to the Financial Administration Act that is an agent of Her Majesty in right of Canada) that maintained a permanent establishment in the province at any time during its taxation year, for the purposes of the Income Tax Act, ending in the calendar year that ends in the fiscal year, at the rate of one per cent of its taxable income earned in the province in that taxation year, such tax to be computed as if imposed under the Income Tax Act and regulations thereunder.

  • R.S.C. 1970, c. F-6, s. 15
  • 1970-71-72, c. 43, s. 3

Marginal note:Determination of operating expenditures

  •  (1) In determining the operating expenditures for post-secondary education in a province in a fiscal year, the Secretary of State of Canada shall have recourse to and be guided by

    • (a) any provincial return of operating expenditures submitted to him for the fiscal year;

    • (b) any information contained in a report made to him by the Minister of Supply and Services in connection with such operating expenditures; and

    • (c) such additional information as he may consider appropriate.

  • Marginal note:Provincial return

    (2) For the purposes of this section a provincial return of operating expenditures for a fiscal year is a statistical return, in prescribed form, relating to the operating expenditures for post-secondary education in the province in the fiscal year,

    • (a) that has been signed by the Deputy Minister of Education of the province or such other provincial officer as may be designated by the Lieutenant Governor in Council for the purpose; and

    • (b) that has been certified by the provincial auditor as having been examined by him, and, to the best of his knowledge and belief,

      • (i) as accurately setting forth the operating expenditures for post-secondary education in the province in the fiscal year, calculated in accordance with the requirements of this Act and the regulations, and

      • (ii) as being based on

        • (A) financial returns for the fiscal year in respect of each educational institution in the province that is not a secondary institution, and

        • (B) a financial report for the fiscal year in respect of all secondary institutions in the province.

  • Marginal note:Financial returns and report

    (3) For the purposes of subsection (2)

    • (a) a financial return for a fiscal year in respect of an educational institution that is not a secondary institution is a statement relating to the operating expenditures incurred for post-secondary education by that institution during its financial year related to the fiscal year, that has been certified by an independent auditor as having been examined by him, and, to the best of his knowledge and belief, as accurately setting forth the operating expenditures incurred for post-secondary education by that institution during its financial year, calculated in accordance with the requirements of this Act and the regulations; and

    • (b) a financial report for a fiscal year in respect of all secondary institutions in a province is a statement setting forth the operating expenditures incurred for post-secondary education by or in respect of all such institutions during their financial years related to the fiscal year, that has been signed by the Deputy Minister of Education of the province or such other provincial officer as may be designated by the Lieutenant Governor in Council for the purpose.

  • Marginal note:Definitions

    (4) In this section

    independent auditor

    independent auditor means an auditor who is a member in good standing of an institution or association of accountants incorporated by or under the authority of the legislature of a province but who is not, except as otherwise provided by regulation, the same person or a member of the same firm or office of auditors as, or employed by the same employer as, the provincial auditor; (vérificateur indépendant)

    provincial auditor

    provincial auditor means such person as is charged by law with the audit of the accounts of a province; (vérificateur provincial)

    secondary institution

    secondary institution, in respect of a province, means an institution in that province that offers at a post-secondary level only prescribed programs of study. (établissement secondaire)

  • 1966-67, c. 89, s. 16
  • 1968-69, c. 28, s. 105

Marginal note:Failure to file return

 Where a provincial return of operating expenditures for a fiscal year as described in subsection 16(2) has not been submitted to the Secretary of State of Canada,

  • (a) in the case of the fiscal year commencing on the 1st day of April 1967, within twelve months after the end of the fiscal year, and

  • (b) in the case of any subsequent fiscal year, within nine months after the end of the fiscal year,

the Secretary of State of Canada, in determining the operating expenditures for post-secondary education in the province in the fiscal year, shall have recourse to and be guided by such information available to him as he considers appropriate, but in no such case shall the amount determined by the Secretary of State of Canada to be equal to fifty per cent of the operating expenditures for post-secondary education in the province in the fiscal year be less than the product obtained by multiplying $15 by the population of the province for the calendar year ending in the fiscal year.

  • 1966-67, c. 89, s. 17

Marginal note:Report of Minister of Supply and Services

 The Minister of Supply and Services may, after consultation with the appropriate provincial authority,

  • (a) examine any financial return for a fiscal year in respect of an educational institution, as described in subsection 16(3), and

  • (b) request and receive from the independent auditor who certified any financial return for a fiscal year in respect of an educational institution, as described in subsection 16(3), such information, reports and explanations as he deems necessary in order to satisfy himself as to the method and procedure employed by such auditor in determining the operating expenditures incurred for post-secondary education by that institution during its financial year related to the fiscal year,

and shall make such report to the Secretary of State of Canada in respect thereof as he considers appropriate.

  • 1966-67, c. 89, s. 18
  • 1968-69, c. 28, s. 105

Marginal note:C.R.F.

 The amounts authorized to be paid by section 12 shall be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed.

  • 1966-67, c. 89, s. 19

PART IIIGeneral

Tax Collection Agreements

Marginal note:Tax collection agreements

  •  (1) Where a province imposes taxes on the income of individuals or corporations or both, the Minister, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement with the government of the province pursuant to which the Government of Canada will collect the provincial taxes on behalf of the province and will make payments to the province in respect of the taxes so collected, in accordance with such terms and conditions as the agreement prescribes.

  • Marginal note:Amendments to agreements

    (2) The Minister, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement amending the terms and conditions of an agreement entered into pursuant to subsection (1).

  • Marginal note:Application of requirements of provincial law to certain persons

    (3) Where the law of a province that imposes a tax on income as described in subsection (1) contains provisions requiring every person making a payment of a specified kind to another person to deduct or withhold therefrom an amount and to remit that amount on account of such tax, effect may be given to those provisions, in accordance with the regulations, in relation to persons to whom such payments are made out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada.

  • 1966-67, c. 89, s. 20

Marginal note:Agreements under former Act

 Where an agreement was entered into pursuant to subsection 6(1) or (2) of the former Act, the agreement shall be deemed to have been entered into pursuant to subsection 20(1).

  • 1966-67, c. 89, s. 21

Marginal note:Advance payments under agreements

 Where a province has entered into a tax collection agreement, the Minister, in accordance with the regulations, may make advance payments to the province out of the Consolidated Revenue Fund on account of any amount that may become payable to the province pursuant to the agreement.

  • 1966-67, c. 89, s. 22

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) defining, for the purposes of this Act,

    • (i) the expression revenue base in subsection 8(2),

    • (ii) the expressions in paragraphs (a) to (p) of the definition revenue source in subsection 8(2),

    • (iii) the expressions junior matriculation and post-secondary level in subsection 11(1),

    • (iv) the expression assisted, sponsored or contract research, and

    • (v) the expression operating expenditures incurred for post-secondary education by or in respect of an educational institution or secondary institution;

  • (b) respecting the payment to a province of advances on account of any amount that may become payable to the province pursuant to this Act or a tax collection agreement, the adjustment of other payments by reason of such advances and the recovery of overpayments;

  • (c) prescribing the time and manner of making any payment under this Act or a tax collection agreement;

  • (d) prescribing the accounts to be kept and their management;

  • (e) respecting the determination of any matter that under this Act is to be determined by the Minister or the Secretary of State of Canada;

  • (f) respecting any matter that by this Act is to be defined, provided or prescribed by, or done in accordance with, the regulations; and

  • (g) generally for carrying into effect the purposes and provisions of this Act.

  • 1966-67, c. 89, s. 23
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