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Federal-Provincial Fiscal Arrangements Regulations, 2007

Version of section 16.8 from 2008-12-12 to 2013-12-05:

  •  (1) The amount related to an advance on account of an additional fiscal equalization payment that may be paid to a province under section 3.71 of the Act for each fiscal year in the period shall be the amount that is the greater of zero and the amount calculated in accordance with the following formula:

    (A + B + C) - (D + E + F) + (G - H)

    where

    A
    is the aggregate of the fiscal equalization amounts computed under section 3.72 of the Act for the province for each fiscal year in the period up to and including the fiscal year for which the advance is calculated,
    B
    is the aggregate of the additional fiscal equalization offset payments and transitional payments that would be paid to the province, for each fiscal year in the period up to and including the fiscal year for which the advance is calculated, under the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act if those payments were calculated
    • (i) in accordance with that Act as it read on April 1, 2007,

    • (ii) without regard to the restrictions set out in sections 9 and 23 of that Act, and

    • (iii) as if the fiscal equalization payment for the province, for each of those fiscal years, were equal to the fiscal equalization amount computed under section 3.72 of the Act,

    C
    is the aggregate of the amounts that would be paid to the province for each fiscal year in the period up to and including the fiscal year for which the advance is calculated, under Part V of the Canada-Newfoundland Atlantic Accord Implementation Act if those amounts were calculated
    • (i) in accordance with that Act as it read on April 1, 2007,

    • (ii) as if the fiscal equalization payment for the province, for each of those fiscal years, were equal to the fiscal equalization amount computed under section 3.72 of the Act,

    • (iii) in accordance with subsection 174(3) of the Budget and Economic Statement Implementation Act, 2007 if the conditions described in that subsection are met, and

    • (iv) on the assumption that for each fiscal year for which subsection 3.72(4) of the Act were to apply by reason of paragraph 3.72(6)(a) of the Act, the amount paid to the province under Part V were zero,

    D
    is the aggregate of the fiscal equalization payments determined to be payable to the province under sections 3.2 and 3.4 of the Act for each fiscal year in the period up to and including the fiscal year for which the advance is calculated,
    E
    is the aggregate of the additional fiscal equalization offset payments and transitional payments that would be paid to the province under the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act for each fiscal year in the period up to and including the fiscal year for which the advance is calculated, if those payments were calculated without regard to the restrictions set out in sections 9 and 23 of that Act,
    F
    is the aggregate of the amounts determined to be payable to the province under Part V of the Canada-Newfoundland Atlantic Accord Implementation Act for each fiscal year in the period up to and including the fiscal year for which the advance is calculated,
    G
    is the amount by which, for the fiscal year beginning on April 1, 2011, $830,000,000 in the case of Nova Scotia, and $2,000,000,000 in the case of Newfoundland and Labrador, exceeds the aggregate of
    • (i) the aggregate of the additional fiscal equalization offset payments determined to be payable to the province under the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act, calculated without regard to the restrictions set out in sections 9 and 23 of that Act, for each fiscal year beginning on or after April 1, 2004 up to and including the earlier of the fiscal year preceding the first fiscal year of the period and the fiscal year beginning on April 1, 2011, and

    • (ii) the aggregate of the additional fiscal equalization offset payments that would be payable to the province under that Act for each fiscal year in the period up to and including the fiscal year beginning on April 1, 2011, if the payments were calculated

    • (A) in accordance with that Act as it read on April 1, 2007,

    • (B) without regard to the restrictions set out in sections 9 and 23 of that Act, and

    • (C) as if the fiscal equalization payment for the province, for each of those fiscal years, were equal to the fiscal equalization amount calculated under section 3.72 of the Act,

    H
    is the amount by which, for the fiscal year beginning on April 1, 2011, $830,000,000 in the case of Nova Scotia, and $2,000,000,000 in the case of Newfoundland and Labrador, exceeds the aggregate of the additional fiscal equalization offset payments determined to be payable to the province under the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act, calculated without regard to the restrictions set out in sections 9 and 23 of that Act, for the fiscal year beginning on April 1, 2004 and for each subsequent fiscal year up to and including the fiscal year beginning on April 1, 2011.
  • (2) However, if any of the conditions set out in subsection (3) are met, the calculation shall be made in accordance with subsection (1) but with the following modifications:

    • (a) the description of B shall be read without reference to subparagraph (ii);

    • (b) the description of E shall be read without regard to the portion of the phrase that reads, “if those payments were calculated without regard to the restrictions set out in sections 9 and 23 of that Act”; and

    • (c) the amounts determined for G and H are deemed to be equal to zero;

  • (3) The conditions referred to in subsection (2) are the following:

    • (a) the first fiscal year of the period for Nova Scotia or Newfoundland and Labrador, as the case may be, is a fiscal year beginning before April 1, 2011 and the fiscal equalization payment under Part I of the Act paid to that province for that first fiscal year is determined under paragraph 3.2(1)(a) of the Act and the amount of that fiscal equalization payment, after application of section 3.4 of the Act, is less than

      ( A - B ) / C

      where

      A
      is $830,000,000 for Nova Scotia or $2,000,000,000 for Newfoundland and Labrador,
      B
      is the aggregate of the amounts of additional fiscal equalization offset payments that would be paid to that province for each fiscal year beginning on or after April 1, 2004 up to and including the first fiscal year of the period under the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act, calculated without regard to the restrictions set out in sections 9 and 23 of that Act, and
      C
      is the number of fiscal years from the second fiscal year in the period for that province up to and including the fiscal year beginning April 1, 2011; or
    • (b) the first fiscal year of the period for Nova Scotia or Newfoundland and Labrador, as the case may be, is a fiscal year beginning before April 1, 2011 and the fiscal equalization payment under Part I of the Act paid to that province for that first fiscal year is determined under paragraph 3.2(1)(b) of the Act; or

    • (c) the period for Nova Scotia or Newfoundland and Labrador, as the case may be, begins on or after April 1, 2011.

  • SOR/2008-318, s. 12

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