Vol. 134, No. 7 — March 29, 2000

Registration
SOR/2000-99 15 March, 2000

FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT

Regulations Amending the Federal-Provincial Fiscal Arrangements Regulations

P.C. 2000-316 15 March, 2000

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 40 (see footnote a) of the Federal-Provincial Fiscal Arrangements Act (see footnote b) , hereby makes the annexed Regulations Amending the Federal-Provincial Fiscal Arrangements Regulations.

REGULATIONS AMENDING THE FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS REGULATIONS

AMENDMENTS

1. (1) Subsection 25(7) (see footnote 1) of the Federal-Provincial Fiscal Arrangements Regulations (see footnote 2) is replaced by the following:

(7) The Minister shall not make recoveries under subsection (2) or (11.3) in respect of a province in a fiscal year in excess of $20 per capita of the population of that province in that fiscal year, as determined under Part I.

(2) Subsection 25(10) (see footnote 3) of the Regulations is replaced by the following:

(10) If the amount to be recovered from a province in a fiscal year under subsections (6), (7), (8) and (9) plus the amount to be recovered from the province during the fiscal year in accordance with section 24 of the Federal-Provincial Fiscal Arrangements Regulations, 1999 exceeds the amount that may be recovered during that fiscal year mentioned in subsection 24(2) of those Regulations, the amount to be recovered in that fiscal year under this Part shall be reduced by the amount of that excess.

2. Subsection 26(3) (see footnote 4) of the Regulations is replaced by the following:

(3) If the amount to be recovered from a province during the fiscal year beginning on April 1, 1999 under subsections (1), and (2) plus the amount to be recovered from the province during the fiscal year in accordance with section 24 of the Federal-Provincial Fiscal Arrangements Regulations, 1999 exceeds the amount that may be recovered during that fiscal year mentioned in subsection 24(2) of those Regulations, the amount to be recovered from that province in that fiscal year under this Part shall be reduced by the amount of that excess.

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

This amendment to the Federal-Provincial Fiscal Arrangements Regulations is of a "housekeeping" nature. Cross-references in the Regulations to the interim Fiscal Equalization Payments Regulations, 1999 are switched over to the new Federal-Provincial Fiscal Arrangements Regulations, 1999. The sections of the Regulations in which these cross-references occur (sections 25 and 26) deal with the recovery of Equalization overpayments to provinces in respect of fiscal years prior to 1999-2000 that resulted from population re-estimates following the 1991and 1996 censuses.

Amendments to the Federal-Provincial Fiscal Arrangements Act in March of 1999 extended the provisions of Parts I, II, and IV of the Act to the five fiscal years from April 1, 1999 to March 31, 2004. The Federal-Provincial Fiscal Arrangements Regulations, 1999 govern the timing and the manner for determining and making certain payments to provinces under the amended Act in respect of fiscal years in the 1999-2000 to 2003-2004 period. However, payments in respect of fiscal years prior to 1999-2000 continue to be governed by the Federal-Provincial Fiscal Arrangements Regulations.

Alternatives

There are no convenient alternatives.

Benefits and Costs

This amendment is strictly technical in nature. It will not result in any change in payments to provinces. There are no benefits or costs.

Consultation

This amendment is entirely consequential to the introduction of the Federal-Provincial Fiscal Arrangements Regulations, 1999. It ensures that proper cross-referencing between Regulations is maintained. Consultations were not required and were not undertaken.

Compliance and Enforcement

Not applicable.

Contact

Richard Davis
Department of Finance
Federal-Provincial Relations Division
15th Floor, East Tower
L'Esplanade Laurier
140 O'Connor Street
Ottawa,Ontario
K1A 0G5
Tel.: (613) 996-7436

Footnote a

S.C. 1999, c. 31, s. 93

Footnote b

S.C. 1995, c. 17, s. 45(1)

Footnote 1

SOR/93-494

Footnote 2

SOR/93-194; SOR/94-630

Footnote 3

SOR/93-494

Footnote 4

SOR/99-178

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