GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 4
mined by the Minister, minus (b) the basic revenue derived by all the provinces for that particular fiscal year from that revenue source. When actual revenue less than basic revenue (4.3) Where the actual revenue derived by all the provinces for a particular fiscal year from a revenue source is less than the basic revenue derived by all the provinces for that particular fiscal year from that revenue source as determined pursuant to subsection (4.1), the actual revenue shall be deemed to be the basic revenue derived by all the provinces for that particular fiscal year from that revenue source. Revenue from school purpose taxes (5) For the purposes of this Part, in the case of school purpose taxes set out in paragraph (t) of the definition revenue source in subsection (3), (a) the aggregate of the revenue derived from that revenue source by each municipality, board, commission or other local authority in a province that has power to levy a school purpose tax shall be deemed to be revenue derived by the province from that revenue source; and (b) the revenue derived by a province for a fiscal year from that revenue source shall be deemed to be the revenue derived within the province by the province from that revenue source for the financial year of each local authority described in paragraph (a) ending in that fiscal year. 1972, c. 8, s. 4; 1973-74, c. 45, s. 1; 1974-75-76, c. 65, s. 1
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2
revenue base for a revenue source for a province for a fiscal year has the meaning given to that expression by the regulations; ( assiette )
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 (a)
revenue source means any of the following sources from which provincial revenues are or may be derived, namely: (a) personal income taxes, (b) corporation income taxes, (c) general and miscellaneous sales taxes, tobacco taxes and amusement taxes, (d) motive fuel taxes, (e) motor vehicle licensing revenues, (f) alcoholic beverage revenues including profits of provincial liquor boards, (g) hospital and medical care insurance premiums, (h) succession duties and gift taxes, (i) race track taxes, (j) forestry revenues, (k) revenues identifiable as oil revenues and consisting of royalties, licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights owned by the Crown in right of the province, (k.1) revenues identifiable as oil revenues and consisting of licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights held otherwise than by the Crown in right of the province, (l) revenues identifiable as natural gas revenues and consisting of royalties, licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights owned by the Crown in right of the province, (l.1) revenues identifiable as natural gas revenues and consisting of licences, taxes, rentals, levies and payments or remittances of any kind that are derived in respect of mineral rights that are held otherwise than by the Crown in right of the province, (m) sales of Crown leases and reservations on oil and natural gas lands, (n) oil and gas revenues, other than those described in paragraphs (k), (k.1), (l), (l.1) and (m), (o) metallic and non-metallic mineral revenues, (p) water power rentals, (q) payroll taxes, taxes on premiums receivable by insurance companies, real property taxes and other miscellaneous provincial taxes, (r) miscellaneous revenues from natural resources, concessions and franchises, sales of provincial goods and services, remittances from government enterprises (other than provincial liquor boards) and other miscellaneous provincial revenues except remittances in respect of oil or natural gas revenues, (s) revenues of the Government of Canada from any of the sources referred to in paragraph (a) to (r) that are shared by Canada with the provinces, and (t) school purpose taxes, except that any description of a revenue source as set out in paragraph (q), (r) or (s) may be revised or altered by the regulations so as to constitute two or more separate revenue sources; ( source de revenu )
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2
total revenue from a revenue source for all the provinces for a fiscal year means the total revenue derived by all the provinces for the fiscal year from that revenue source as determined by the Minister pursuant to an allocation under subsection (2); ( revenu total )
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 (a)
total revenues to be equalized for a fiscal year means the total revenues, as determined by the Minister, derived by all the provinces for the fiscal year from all revenue sources, except that (a) in the case of succession duties and gift taxes, the revenue therefrom for all the provinces for the fiscal year shall be deemed to be (i) for the fiscal year commencing with April 1, 1972, the revenue therefrom for all the provinces for that fiscal year, (ii) for the fiscal year commencing with April 1, 1973, the average of the revenues therefrom for all the provinces for that fiscal year and for the immediately preceding fiscal year, and (iii) for any other fiscal year, the average of the revenues therefrom for all the provinces for that fiscal year and for each of the two immediately preceding fiscal years, (b) in the case of sales of Crown leases and reservations on oil and natural gas lands, the revenue therefrom for all the provinces for the fiscal year shall be deemed to be the average of the revenues therefrom, as computed for the purpose of paragraph (d) where applicable, for all the provinces for that fiscal year and for each of the two immediately preceding fiscal years, (c) in the case of personal income taxes and corporation income taxes, the Minister may deduct from the amount that, but for this paragraph, would be the revenue therefrom for all the provinces for the fiscal year, the amount, as estimated by him, by which the revenues derived by Canada under the Income Tax Act from personal income taxes for the taxation year ending in the fiscal year and from corporation income taxes for taxation years ending in the calendar year that ends in the fiscal year, are less than the revenues that would have been derived by Canada thereunder from those taxes if no special abatement of those taxes had been provided under the Income Tax Act or any other Act of the Parliament of Canada for the purpose of facilitating the financing by a province of certain prescribed programs, and (d) in the case of the revenue sources described in paragraphs (k), (k.1), (l), (l.1), (m) and (n) of the definition revenue source , the revenue from each such source for all the provinces for the fiscal year shall be deemed to be an amount equal to the aggregate of (i) the basic revenue from each such revenue source for all the provinces for the fiscal year, and (ii) one-third of the additional revenue from each such revenue source for all the provinces for the fiscal year. ( revenus totaux devant faire l’objet de la péréquation )
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 5
Provincial revenue stabilization payments 5 Subject to this Act, the Minister may pay to a province, for each fiscal year in the period commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1977, a provincial revenue stabilization payment not exceeding the amount computed in accordance with section 6.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 6
Calculation of payments 6 (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) the revenue subject to stabilization of the province for the immediately preceding fiscal year exceeds (b) the revenue subject to stabilization of the province for the fiscal year, adjusted in prescribed manner to reflect the amount, as determined by the Minister, of any change in the revenue subject to stabilization of the province for the fiscal year resulting from changes either in the rates or in the structure of provincial taxes or other revenues from those or from that in effect in the immediately preceding fiscal year. Revenue subject to stabilization defined (2) In this section, revenue subject to stabilization of a province for a fiscal year means the aggregate of (a) the total revenues, as determined by the Minister, derived by the province for the fiscal year from the revenue sources referred to in the definition revenue source in subsection 4(3), and (b) each amount payable to the province for the fiscal year, as determined in accordance with this Act not later than 24 months after the end of the fiscal year, as a provincial revenue equalization payment under Part I or a provincial tax revenue guarantee payment under Part IV. Idem (3) For the purpose of determining pursuant to subsection (2) the revenue subject to stabilization of a province for a fiscal year, (a) paragraphs (a), (b) and (c) of the definition total revenues to be equalized in subsection 4(3) apply mutatis mutandis ; and (b) where a tax collection agreement is in force between the Government of Canada and the province with respect to personal income taxes or corporation income taxes, or both, the revenue of the province for the fiscal year therefrom shall be deemed to be the amount payable by the Government of Canada to the province, as determined in accordance with the agreement not later than 24 months after the end of the fiscal year, pursuant to the agreement for the fiscal year. Application by province for payment (4) A provincial revenue stabilization payment may be paid to a province for a fiscal year only upon receipt by the Minister, not later than 18 months after the end of the fiscal year, of an application by the province therefor containing such information as may be prescribed.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 7
Application of former Act 7 Part I of the former Act is not applicable in respect of any fiscal year commencing after the 31st day of March, 1972.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 8
Personal income and corporation income tax collection agreements 8 (1) Where a province imposes taxes on the incomes 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 a tax collection 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. 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). Application of requirements of provincial law to certain persons (3) Where the law of a province that imposes taxes on incomes 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 any 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. Agreement entered into under former Act (4) Where an agreement was entered into pursuant to subsection 20(1) or (2) of the former Act or was deemed by section 21 of that Act to have been entered into pursuant to subsection 20(1) of that Act, the agreement shall be deemed to have been entered into pursuant to subsection (1) of this section.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 9
Succession duty and gift tax collection agreements 9 (1) Where a province imposes duties or taxes on any legacy, succession, inheritance or gift, the Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into a tax collection agreement with the government of the province pursuant to which the Government of Canada will collect the provincial duties or taxes on behalf of the province and will make payments to the province in respect of the duties or taxes so collected in accordance with such terms and conditions as the agreement prescribes. 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). Terms of agreements (3) No agreement relating to duties imposed by a province on any legacy, succession or inheritance may be entered into by the Minister, pursuant to this section, that applies to any such duties imposed in the case of the death of any person whose death occurred after 1974.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 10
Advance payments under agreements 10 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.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 11
Provincial tax revenue guarantee payments 11 Subject to this Act, the Minister may pay to a province, for each fiscal year in the period commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1977, a provincial tax revenue guarantee payment not exceeding the amount computed in accordance with section 12.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 13
Eligibility for payment 13 (1) No payment under this Part may be made to a province for a fiscal year unless, (a) pursuant to a tax collection agreement entered into or deemed to have been entered into under section 8, Canada, on behalf of the province, has undertaken to collect taxes imposed by the province under the provincial Act on the incomes of individuals for the taxation year ending in the fiscal year, or on the incomes of individuals for that taxation year and the incomes of corporations for taxation years ending in the calendar year that ends in the fiscal year, or (b) the provisions of the provincial Act pursuant to which a tax is imposed on the incomes of individuals for the taxation year ending in the fiscal year, and the provisions of the federal Act pursuant to which a tax is imposed on the incomes of individuals for that taxation year, are, in the opinion of the Minister, similar as to weight and structure except for differences between the Acts with respect to personal deductions, which differences are not greater than those that existed between the Acts as they read in their application to the 1971 taxation year. Reduction of provincial tax revenue guarantee payment (2) When the provisions of any amendment, modification or revision made in the federal Act, as it applies to a taxation year coinciding with a calendar year ending in a fiscal year, that would result in reducing the revenue derived pursuant to the federal Act for that taxation year are not implemented by a province under its provincial Act as it applies to that taxation year, the provincial tax revenue guarantee payment that may be paid to the province for the fiscal year may, notwithstanding any other provisions of this Part, be reduced by the additional amount that, in the opinion of the Minister, would not have been so derived pursuant thereto had the provincial Act as it applied to that taxation year been amended so as to comply with the provisions of the federal Act as it applied to that taxation year. 1972, c. 8, s. 13; 1974-75-76, c. 65, s. 4
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 14
Eligibility for payment 14 A province is not eligible for a tax revenue guarantee payment under this Part for the fiscal year commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1973, unless, (a) it had given notification in prescribed manner, on or before a prescribed date, to the effect that the rate of personal income tax applicable under the provincial Act to the 1972 taxation year will not exceed the specified converted rate applicable to that province, but the subsequent alteration of any rate of personal income tax applicable under the provincial Act, in the manner provided in a tax collection agreement relating to personal income taxes entered or deemed to have been entered into under section 8 between the Government of Canada and the province, does not render the province ineligible for a tax revenue guarantee payment under this Part, or (b) in the opinion of the Minister, the revenue that would be derived by the province from a personal income tax on every individual (i) who was resident in the province on the last day of 1972, or (ii) who, not being resident in the province on the last day of 1972, had income earned in 1972 in the province as determined under the provincial Act, computed in accordance with the provincial Act, as it applied to the 1972 taxation year of individuals, at the rate that was in effect thereunder at the commencement of 1972 as being applicable to the 1972 taxation year of individuals, is not greater than the revenue derived by the province from a personal income tax on every individual described in subparagraph (i) or (ii), computed in accordance with the provincial Act, as it is applied to the 1971 taxation year of individuals, at the actual rate applicable thereunder to the 1971 taxation year. 1972, c. 8, s. 14; 1973-74, c. 45, s. 2
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 15
Specified converted rate 15 For the purposes of this Part, the specified converted rate applicable to a province is (a) in the case of Newfoundland, 36%; (b) in the case of Prince Edward Island, 36%; (c) in the case of Nova Scotia, 30.5%; (d) in the case of New Brunswick, 41.5%; (e) in the case of Ontario, 30.5%; (f) in the case of Manitoba, 42.5%; (g) in the case of Saskatchewan, 37%; (h) in the case of Alberta, 36%; and (i) in the case of British Columbia, 30.5%.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 16
Definitions 16 In this Part, federal Act means the Income Tax Act ; ( loi fédérale ) provincial Act in relation to any province means the Act of the legislature of the province that imposes taxes on the incomes of individuals or corporations, or both, as the case may be. ( loi provinciale )
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2
federal Act means the Income Tax Act ; ( loi fédérale )
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2
provincial Act in relation to any province means the Act of the legislature of the province that imposes taxes on the incomes of individuals or corporations, or both, as the case may be. ( loi provinciale )
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 17
Subsection 12(2) not applicable 17 Subsection 12(2) does not apply to a province that did not enter or was not deemed to have entered into a tax collection agreement under subsection 20(1) of the former Act.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 18
Transfer payments in respect of tax under Part IX of Income Tax Act 18 Subject to this Act, the Minister may pay to a province, in respect of any tax paid under Part IX of the Income Tax Act by a corporation described therein, an amount computed in accordance with section 19.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 19
Calculation of payments 19 The amount that may be paid to a province under section 18 in respect of any tax paid under Part IX of the Income Tax Act by a corporation described therein is an amount, as determined by the Minister of National Revenue, equal to 20% of that proportion of the tax so paid that (a) the corporation’s taxable income earned in its 1971 taxation year in the province is of (b) the corporation’s taxable income earned in its 1971 taxation year in Canada, except that where the taxable income of a corporation earned in its 1971 taxation year in Canada would, but for this subsection, be nil, the corporation shall be deemed to have a taxable income earned in its 1971 taxation year in Canada equal to the tax paid by it under Part IX of the Income Tax Act .
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 20
Recovery of refunds made under Part IX of Income Tax Act 20 Where, in respect of any dividend paid by a corporation controlled (within the meaning assigned by section 28 of the Income Tax Act as it read in its application to the 1971 taxation year) by a Canadian corporation, the Minister of National Revenue has, under subsection 196(2) of the Income Tax Act , made a payment to the controlling corporation, an amount equal to 20% of that proportion of the payment so made to the controlling corporation that the controlled corporation’s taxable income earned in its 1971 taxation year in a province is of the controlled corporation’s taxable income earned in its 1971 taxation year in Canada, as determined under section 19, may be recovered in accordance with the regulations as an overpayment made to the province under this Act.
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 21
Meaning of certain words and expressions 21 For the purpose of this Part, (a) the “taxable income” of a corporation earned in a year in a province has the meaning given to that expression by section 40 of the Income Tax Act as it read in its application to the 1971 taxation year; (b) the “taxable income” of a corporation earned in a year in Canada means the aggregate of the taxable incomes of the corporation earned in the year in each of the provinces including the Northwest Territories and Yukon Territory; and (c) other words and expressions, except “province”, have the same meaning as in the Income Tax Act .
Federal-Provincial Fiscal Arrangements Act, 1972 — F-8.2 22
Post-secondary education adjustment payments 22 Subject to this Act, the Secretary of State may, for each fiscal year in the period commencing with the 1st day of April, 1972 and ending with the 31st day of March, 1977, authorize the payment to a province of a post-secondary education adjustment payment not exceeding the amount computed in accordance with this Part. 1972, c. 8, s. 22; 1973-74, c. 45, s. 3