First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
STATUTES OF CANADA 2005CHAPTER 49
An Act to authorize payments to provide assistance in relation to energy costs, housing energy consumption and public transit infrastructure, and to make consequential amendments to certain Acts
ASSENTED TO
25th NOVEMBER, 2005
BILL C-66
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to authorize payments to provide assistance in relation to energy costs, housing energy consumption and public transit infrastructure, and to make consequential amendments to certain Acts”.
SUMMARY
Part 1 of the enactment authorizes the making of payments to families who are eligible for the National Child Benefit Supplement, and to seniors who are eligible for the Guaranteed Income Supplement and Allowance under the Old Age Security Act, in order to deliver one-time relief for energy costs.
Part 2 authorizes payments of up to $500 million for the period beginning on April 1, 2005 and ending on March 31, 2010 to provide assistance for reducing housing energy consumption. It also authorizes additional funding of up to $338 million for the EnerGuide for Houses Retrofit Incentive Program.
Part 3 authorizes payments of up to $400 million for each of fiscal years 2005-2006 and 2006-2007 for public transit infrastructure.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT TO AUTHORIZE PAYMENTS TO PROVIDE ASSISTANCE IN RELATION TO ENERGY COSTS, HOUSING ENERGY CONSUMPTION AND PUBLIC TRANSIT INFRASTRUCTURE, AND TO MAKE CONSEQUENTIAL AMENDMENTS TO CERTAIN ACTS
SHORT TITLE
1.       Energy Costs Assistance Measures Act.
PART 1
ENERGY COST BENEFIT
2.       One-time payment — National Child Benefit Supplement recipients
3.       One-time payment — Guaranteed Income Supplement and Allowance recipients
4.       Deemed refund of tax
Consequential Amendments
5-6.       Income Tax Act
7.       Old Age Security Act
PART 2
REDUCTION OF HOUSING ENERGY CONSUMPTION
8.       Payments to the Canada Mortgage and Housing Corporation
9.       Minister of Natural Resources
PART 3
PUBLIC TRANSIT
10.       Minister of State (Infrastructure and Communities)
PART 4
COORDINATING AMENDMENTS
11.       2005, c. 35
12.       Bill C-26
.vis1 {position: absolute;display:block;}
.vis2 {position: static;}
53-54 ELIZABETH II
——————
CHAPTER 49
An Act to authorize payments to provide assistance in relation to energy costs, housing energy consumption and public transit infrastructure, and to make consequential amendments to certain Acts
[Assented to 25th November, 2005]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Energy Costs Assistance Measures Act.
PART 1
ENERGY COST BENEFIT
One-time payment — National Child Benefit Supplement recipients
2. (1) Subject to subsection (2), the Minister of National Revenue is authorized to make, out of the Consolidated Revenue Fund, a payment to a person of $250 if
(a) that Minister determines before 2009 that an overpayment on account of the person’s liability under Part I of the Income Tax Act is deemed, under subsection 122.61(1) of that Act, or would be so deemed if that Act were read without reference to its subsection 122.61(2), to have arisen during January 2006 in relation to the person’s 2004 taxation year (as defined in subsection 249(1) of that Act); and
(b) a portion of that overpayment may reasonably be considered to be in respect of an amount determined for the description of C in subsection 122.61(1) of that Act.
Shared payment
(2) If a person would, but for the expression “during January 2006” in subsection (1), be a person referred to in that subsection in respect of one or more children, and there is another person to whom that subsection applies in respect of those children, the Minister of National Revenue is authorized to pay to each of those persons, out of the Consolidated Revenue Fund, any portion of $250 that the Minister considers reasonable in the circumstances.
One-time payment — Guaranteed Income Supplement and Allowance recipients
3. (1) The Minister of Human Resources Development is authorized to make, out of the Consolidated Revenue Fund, a payment to a person of $125 if that Minister determines before 2009 that a supplement under subsection 11(1) of the Old Age Security Act or an allowance under subsection 19(1) or 21(1) of that Act is payable to the person for any month in the payment quarter commencing January 1, 2006.
Restriction
(2) No payment shall be made to a person if the Minister of Human Resources Development is informed by the Minister of National Revenue that either the person or the person’s cohabiting spouse or common-law partner (as defined in section 122.6 of the Income Tax Act) has received, or can reasonably be expected to receive, a payment referred to in section 2.
Deemed refund of tax
4. For the purposes of section 160.1 of the Income Tax Act, an amount paid to a person under section 2 or 3 is deemed to be an amount that has been refunded to the person as a consequence of the operation of section 122.61 of that Act.
Consequential Amendments
R.S., c. 1 (5th Supp.)
Income Tax Act
5. Subsection 81(1) of the Income Tax Act is amended by adding the following after paragraph (g.4):
Energy cost relief
(g.5) an amount received pursuant to Part 1 of the Energy Costs Assistance Measures Act;
6. Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (vii.1):
(vii.2) to an official solely for the purposes of the administration and enforcement of Part 1 of the Energy Costs Assistance Measures Act,
R.S., c. O-9
Old Age Security Act
1999, c. 17, s. 171
7. Paragraph 33.03(2)(a) of the Old Age Security Act is replaced by the following:
(a) the Canada Customs and Revenue Agency, if the information is necessary for the purpose of the administration of the Income Tax Act or Part 1 of the Energy Costs Assistance Measures Act;
PART 2
REDUCTION OF HOUSING ENERGY CONSUMPTION
Payments to the Canada Mortgage and Housing Corporation
8. (1) Subject to any terms and conditions that the Treasury Board may approve, the Minister designated for the purposes of the National Housing Act may, for the period beginning on April 1, 2005 and ending on March 31, 2010, make direct payments, in an aggregate amount of not more than $425 million, to the Canada Mortgage and Housing Corporation for the purpose of providing funding for measures to reduce the energy consumption of housing projects as defined in section 2 of that Act, including the costs and expenses of the implementation and administration of those measures.
Payments out of C.R.F.
(2) Any amount payable under this section may be paid out of the Consolidated Revenue Fund by the Minister referred to in subsection (1) at the times and in the manner that that Minister considers appropriate.
Minister of Natural Resources
9. On the requisition of the Minister of Natural Resources, there may, out of the Consolidated Revenue Fund, be paid and applied, for the period beginning on April 1, 2005 and ending on March 31, 2010,
(a) a sum in an aggregate amount of not more than $75 million for the purpose of carrying out the powers referred to in paragraphs 21(a) to (c) and (e) of the Energy Efficiency Act and supporting the measures to reduce the energy consumption of housing projects referred to in subsection 8(1) of this Act; and
(b) a sum in an aggregate amount of not more than $338 million for the purpose of providing additional funding for the EnerGuide for Houses Retrofit Incentive Program undertaken under section 21 of the Energy Efficiency Act, including the costs and expenses of the administration of that program.
PART 3
PUBLIC TRANSIT
Minister of State (Infrastructure and Communities)
10. (1) Subject to any terms and conditions that the Treasury Board may approve, on the requisition of the Minister of State (Infrastructure and Communities), there may, out of the Consolidated Revenue Fund, be paid and applied, for each of fiscal years 2005-2006 and 2006-2007, a sum in an aggregate amount of not more than $400 million for public transit infrastructure.
Authorization
(2) For the purposes of subsection (1), the Minister of State (Infrastructure and Communities) may
(a) develop and implement programs and projects;
(b) enter into an agreement with the government of a province, a municipality or any other organization or any person;
(c) make a grant or contribution or any other payment; and
(d) subject to the approval of the Treasury Board, supplement any appropriation by Parliament.
PART 4
COORDINATING AMENDMENTS
2005, c. 35
11. On the later of the day on which section 67 of the Department of Social Development Act, chapter 35 of the Statutes of Canada, 2005, comes into force and the day on which this Act is assented to, the expression “Minister of Human Resources Development” is replaced by the expression “Minister of Social Development” in section 3 of this Act.
Bill C-26
12. If Bill C-26, introduced in the 1st session of the 38th Parliament and entitled the Canada Border Services Agency Act, receives royal assent and section 7 of this Act comes into force after paragraph 138(o) of that Act, then paragraph 33.03(2)(a) of the Old Age Security Act is replaced by the following:
(a) the Canada Revenue Agency, if the information is necessary for the purpose of the administration of the Income Tax Act or Part 1 of the Energy Costs Assistance Measures Act;
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada