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