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First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 11
An Act to amend the Federal-Provincial
Fiscal Arrangements Act and the Income Tax
Act
ASSENTED TO
MAY 11, 2023
BILL C-46
Page 2
RECOMMENDATION
Her Excellency the Governor General recommends to the House
of Commons the appropriation of public revenue under the cir-
cumstances, in the manner and for the purposes set out in a
measure entitled “An Act to amend the Federal-Provincial Fiscal
Arrangements Act and the Income Tax Act”.
SUMMARY
This enactment amends the Federal-Provincial Fiscal Arrange-
ments Act to authorize additional payments to the provinces and
territories. It also amends the Income Tax Act to provide an addi-
tional payment of the Goods and Services Tax/Harmonized Sales
Tax (GST/HST) credit equal to double the amount of the regular
January 2023 payment.
Available on the House of Commons website at the following address:
www.ourcommons.ca
2021-2022-2023
Page 3
70-71 ELIZABETH II – 1 CHARLES III
CHAPTER 11
An Act to amend the Federal-Provincial Fiscal Ar-
rangements Act and the Income Tax Act
[Assented to 11th May, 2023]
His 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 Cost of Living Relief Act,
No. 3.
R.S., c. F-8; 1995, c. 17, s. 45
Federal-Provincial Fiscal
Arrangements Act
2 The Federal-Provincial Fiscal Arrangements
Act is amended by adding the following after sec-
tion 24.73:
Total payment of $2 billion
24.74 The Minister may pay an additional cash payment
equal to
(a) for Ontario, $776,262,000;
(b) for Quebec, $447,067,000;
(c) for Nova Scotia, $52,306,000;
(d) for New Brunswick, $41,674,000;
(e) for Manitoba, $72,450,000;
(f) for British Columbia, $273,238,000;
(g) for Prince Edward Island, $8,759,000;
2021-2022-2023
Page 4
(h) for Saskatchewan, $61,385,000;
(i) for Alberta, $233,120,000;
(j) for Newfoundland and Labrador, $27,051,000;
(k) for Yukon, $2,252,000;
(l) for the Northwest Territories, $2,348,000; and
(m) for Nunavut, $2,088,000.
R.S., c. 1 (5th Supp.)
Income Tax Act
3 (1) Section 122.5 of the Income Tax Act is
amended by adding the following after subsec-
tion (3.002):
Additional deemed payment – January 2023
(3.003) An eligible individual in relation to a month
specified for a taxation year who files a return of income
for the taxation year is deemed to have paid during the
specified month on account of their tax payable under
this Part for the taxation year an amount determined by
the formula
0.25 × (A − B) − C
where
A
is the total of
(a) $918,
(b) $918 for the qualified relation, if any, of the
individual in relation to the specified month,
(c) if the individual has no qualified relation in re-
lation to the specified month and is entitled to
deduct an amount for the taxation year under sub-
section 118(1) because of paragraph (b) of the de-
scription of B in that subsection in respect of a
qualified dependant of the individual in relation
to the specified month, $918,
(d) $483 times the number of qualified depen-
dants of the individual in relation to the specified
month, other than a qualified dependant in re-
spect of whom an amount is included under para-
graph (c) in computing the total for the specified
month,
(e) if the individual has no qualified relation and
has one or more qualified dependants, in relation
to the specified month, $483, and
(f) if the individual has no qualified relation and
no qualified dependant, in relation to the specified
month, the lesser of $483 and 6% of the amount, if
2021-2022-2023
Chapter 11: Cost of Living Relief Act, No. 3
Federal-Provincial Fiscal Arrangements Act
Sections 2-3
Page 5
any, by which the individual’s income for the taxa-
tion year exceeds $9,919;
B
is 15% of the amount, if any, by which the individu-
al’s adjusted income for the taxation year ex-
ceeds $39,826; and
C
is the amount that the eligible individual is deemed
to have paid under subsection (3) during the speci-
fied month on account of their tax payable for the
taxation year.
(2) Section 122.5 of the Act is amended by adding
the following after subsection (3.03):
January 2023 payment – shared-custody parent
(3.04) Notwithstanding subsection (3.003), if an eligible
individual is a shared-custody parent (as defined in sec-
tion 122.6, but with the term “qualified dependant” in
that section having the meaning assigned by subsection
(1)) in respect of one or more qualified dependants at the
beginning of a month, the amount deemed by subsection
(3.003) to have been paid during the specified month is
equal to the amount determined by the formula
0.5 × (A + B)
where
A
is the amount determined by the formula in subsec-
tion (3.003), calculated without reference to this sub-
section; and
B
is the amount determined by the formula in subsec-
tion (3.003), calculated without reference to this sub-
section and subparagraph (b)(ii) of the definition eli-
gible individual in section 122.6.
(3) Section 122.5 of the Act is amended by adding
the following after subsection (4.2):
January 2023 – month specified
(4.3) Notwithstanding subsection (4) and for the purpos-
es of this section, the month specified in subsection
(3.003) is January 2023 and the taxation year is the 2021
taxation year.
4 (1) Paragraph 152(1)(b) of the Act is replaced by
the following:
(b) the amount of tax, if any, deemed by any of sub-
sections 120(2) or (2.2), 122.5(3) to (3.003), 122.51(2),
122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1), 125.4(3),
125.5(3), 125.6(2) or (2.1), 127.1(1), 127.41(3) or
210.2(3) or (4) to be paid on account of the taxpayer’s
tax payable under this Part for the year.
2021-2022-2023
Chapter 11: Cost of Living Relief Act, No. 3
Income Tax Act
Sections 3-4
Page 6
(2) Paragraph 152(1.2)(d) of the Act is replaced by
the following:
(d) the Minister determines the amount deemed by
any of subsections 122.5(3) to (3.003) or 122.8(4) to
have been paid by an individual for a taxation year to
be nil, subsection (2) does not apply to the determina-
tion unless the individual requests a notice of determi-
nation from the Minister.
(3) Paragraph 152(4.2)(b) of the Act is replaced by
the following:
(b) redetermine the amount, if any, deemed by any of
subsections 120(2) or (2.2), 122.5(3) to (3.003),
122.51(2), 122.7(2) or (3), 122.8(4), 122.9(2), 122.91(1),
127.1(1), 127.41(3) or 210.2(3) or (4) to be paid on ac-
count of the taxpayer’s tax payable under this Part for
the year or deemed by subsection 122.61(1) to be an
overpayment on account of the taxpayer’s liability un-
der this Part for the year.
5 Paragraph 160.1(1.1)(b) of the Act is replaced by
the following:
(b) the total of the amounts deemed by subsection
122.5(3), (3.002) or (3.003) to have been paid by the in-
dividual during those specified months.
Published under authority of the Speaker of the House of Commons
2021-2022-2023
Chapter 11: Cost of Living Relief Act, No. 3
Income Tax Act
Sections 4-5
Page 7
Page 8
Available on the House of Commons website
Disponible sur le site Web de la Chambre des com