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Bill C-3

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42-43 ELIZABETH II

CHAPTER 2

An Act to amend the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act

[Assented to 24th March, 1994]

R.S., c. F-8; R.S., cc. 22, 39, 44 (1st Supp.), cc. 7, 15, 26, 28 (2nd Supp.), cc. 9, 11, 31 (3rd Supp.), cc. 7, 33, 35, 46 (4th Supp.); 1990, c. 39; 1991, cc. 9, 10, 38, 51; 1992, cc. 1, 10; 1993, cc. 28, 34

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1992, c. 10, s. 2

1. Section 3 of the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act is replaced by the following:

Fiscal equalization payments

3. Subject to this Act, the Minister may pay to a province for each fiscal year in the period beginning on April 1, 1994 and ending on March 31, 1999 a fiscal equalization payment not exceeding the amount computed in accordance with section 4.

1992, c. 10, s. 3(3)

2. (1) The portion of subsection 4(6) of the Act before paragraph (a) is replaced by the following:

Minimum payment to province

(6) Notwithstanding subsections (1) to (5), the fiscal equalization payment that may be paid to a province for each fiscal year in the period beginning on April 1, 1994 and ending on March 31, 1999 shall not be less than

1992, c. 10, s. 3(5)

(2) Paragraph 4(9)(b) of the Act is replaced by the following:

    (b) the amount that would result if the total of the fiscal equalization payments to all provinces for the fiscal year that begins on April 1, 1992, determined in the manner set out in subsection (13), were changed by the percentage change in Canada's gross na tional product, as determined by the Chief Statistician of Canada in the prescribed manner, from the calendar year ending on December 31, 1992 to the calendar year ending in the fiscal year,

(3) Section 4 of the Act is amended by adding the following after subsection (9):

Adjustment of revenue to be equalized

(10) Subject to subsection (11), in respect of fiscal years beginning on or after April 1, 1993, where a province that qualifies for a fiscal equalization payment under this Part in respect of the fiscal year has seventy per cent or more of the revenue base for all of the provinces in the fiscal year in respect of a revenue source described in the definition ``revenue source'' in subsection (2) or the description of which is revised or altered in accordance with subsection (3), the revenue to be equalized from that revenue source for all of the provinces in respect of the fiscal year is an amount equal to seventy per cent of the revenue as otherwise determined from that revenue source for all of the provinces in respect of the fiscal year.

Election

(11) In order for subsection (10) to apply in respect of the offshore minerals revenue included in the description set out in paragraph (gg) of the definition ``revenue source'' in subsection (2) as revised or altered in accordance with subsection (3), a province that is eligible for a fiscal equalization offset payment in the fiscal year under the Canada - Nova Scotia Offshore Petroleum Resources Accord Implementation Act, or the Canada - Newfoundland Atlantic Accord Implementation Act, in respect of a fiscal year beginning on or after April 1, 1993 shall make an election, in the prescribed manner, before the end of the calendar year ending in the fiscal year.

Effect of election under subsection (11)

(12) Notwithstanding any provision of the Canada - Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada - Newfoundland Atlantic Accord Implementation Act, as the case may be, where a province makes the election described in subsection (11) for a fiscal year, the fiscal equalization offset payment that may otherwise be payable to the province under that Act, in respect of that fiscal year, is zero.

Application of paragraph (9)(b)

(13) For the purposes of paragraph (9)(b), the fiscal equalization payments that are determined in respect of the fiscal year beginning on April 1, 1992 are to be determined as if

    (a) in respect of fiscal years beginning on or after April 1, 1993, subsection (10) were applicable; and

    (b) in respect of fiscal years beginning on or after April 1, 1994, the expression ``revenue base'' in respect of a revenue source described in any of paragraphs (c), (q), (r), (s), (u), (v) and (dd) of the definition ``revenue source'' in subsection (2) or the description of which is revised or altered in accordance with subsection (3) has the meaning given to the expression ``revenue base'' in respect of that revenue source by the regulations made in the fiscal year beginning on April 1, 1994.

1992, c. 10, s. 5

3. Paragraph 9(a) of the Act is replaced by the following:

    (a) apply to a taxation year coinciding with a calendar year ending in a fiscal year occurring in the period beginning on April 1, 1994 and ending on March 31, 1999, and