Budget Implementation Act, 2007

Contents

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1Short title#

This Act may be cited as the Budget Implementation Act, 2007.

Part 1 · Amendments Related to Income Tax

Part 2 · Amendments to the Excise Tax Act (Other than with Respect to the Goods and Services Tax/Harmonized Sales Tax)

Part 3 · Amendments in Respect of the Goods and Services Tax/Harmonized Sales Tax

Part 4 · Other Measures Relating to Taxation

57Coming into force#

Sections 55 and 56 are deemed to have come into force on July 1, 2000.

58Payment of $250,000,000#

For the fiscal year beginning on April 1, 2007, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $250,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.

59Payment of $150,000,000#

For the fiscal year beginning on April 1, 2008, from and out of the Consolidated Revenue Fund, there may be paid, on the requisition of the Minister of Finance, an amount of $150,000,000 to the Province of Ontario, to assist the province in the transition to a single corporate tax administration.

Part 5 · Tax-back Guarantee Act

60Enactment of Act#

The Tax-back Guarantee Act is enacted as follows:

Part 6 · Federal-Provincial Fiscal Arrangements Act

Amendments to Act

61 #

[Amendment]

62 #

[Amendment]

63 #

[Amendment]

64 #

[Amendment]

65 #

[Amendment]

66 #

[Amendment]

67 #

[Amendment]

68 #

[Amendments]

69 #

[Amendments]

70 #

[Amendment]

71 #

[Amendments]

72 #

[Amendment]

73 #

[Amendment]

74 #

[Amendment]

Transitional Provisions

75 #

[Transitional provision]

76 #

[Transitional provision]

77 #

[Transitional provision]

Consequential Amendments

Canada-Newfoundland Atlantic Accord Implementation Act

78 #

[Repealed, 2007, c. 35, s. 169] (repealed)

79 #

[Amendment]

80 #

[Amendment]

Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act

81 #

[Amendment]

82 #

[Amendment]

83 #

[Repealed, 2007, c. 35, s. 170] (repealed)

Coming into Force

84Newfoundland and Labrador#

(1)Sections 79 and 82 come into force, or are deemed to have come into force, on April 1 of the first fiscal year in respect of which Newfoundland and Labrador makes the election under subsection 3.7(3) of the Federal-Provincial Fiscal Arrangements Act.

*(2)The Minister of Finance shall publish in the Canada Gazette the date on which sections 79 and 82 come into force.

(3)Section 81 comes into force, or is deemed to have come into force, on April 1, 2008.

^note

Part 7 · Amendments to the Financial Administration Act

Financial Administration Act

85 #

[Amendment]

86 #

[Amendment]

87 #

[Amendment]

88 #

[Amendment]

Coming into Force

*89Order in council#

This Part comes into force on a day to be fixed by order of the Governor in Council.

Part 8 · Amendments to the Canada Mortgage and Housing Corporation Act

90 #

[Amendments]

Part 9 · Amendments Relating to Eligible Financial Contracts

Bankruptcy and Insolvency Act

91 #

[Amendments]

92 #

[Amendments]

93 #

[Amendment]

94 #

[Amendment]

95 #

[Amendment]

96 #

[Amendment]

97 #

[Amendment]

98 #

[Amendment]

99 #

[Amendment]

100 #

[Amendment]

101 #

[Amendment]

102 #

[Amendment]

Canada Deposit Insurance Corporation Act

103 #

[Amendments]

Companies’ Creditors Arrangement Act

104 #

[Amendments]

105 #

[Amendment]

106 #

[Amendments]

107 #

[Amendment]

108 #

[Amendment]

109 #

[Amendment]

Payment Clearing and Settlement Act

110 #

[Amendment]

111 #

[Amendments]

112 #

[Amendments]

Winding-up and Restructuring Act

113 #

[Amendments]

114 #

[Amendment]

115 #

[Amendment]

116 #

[Amendment]

Transitional Provisions

117 #

[Transitional provision]

118 #

[Transitional provision]

119 #

[Transitional provision]

120 #

[Transitional provision]

121 #

[Transitional provision]

Coordinating Amendments

122 #

[Amendments]

Coming into Force

*123Order in council#

Subsections 91(2), 103(2), 104(2) and 113(2) come into force on a day or days to be fixed by order of the Governor in Council.

Part 10 · Payments to Provinces and Territories

Payment to British Columbia

124Maximum payment of $30,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, a sum not exceeding thirty million dollars to the Province of British Columbia to promote fair and equitable economic development, in an environmentally sustainable and ecologically integrated manner, of First Nations in the Spirit Bear Rainforest area of British Columbia and the Queen Charlotte Islands of British Columbia.

Clean Air and Climate Change Trust Fund

125Maximum payment of $1,519,000,000#

(1)The Minister of Finance may make direct payments, in an aggregate amount not exceeding one billion, five hundred and nineteen million dollars, to a trust established to provide provinces and territories with funding to support provincial and territorial projects that will result in reductions in greenhouse gas emissions and air pollutants. Territories may also use those funds to adapt to a changing climate.

(2)The amount that may be provided to a province or territory under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1).

(3)Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Transitional Payments

126Maximum payment of $614,100,000#

(1)The Minister of Finance may make direct payments, in an aggregate amount not exceeding six hundred and fourteen million, one hundred thousand dollars, to a trust established to provide the Province of Ontario with funding for post-secondary education and training and the Provinces of Manitoba and Saskatchewan with funding for training.

(2)The amount that may be provided to a province under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1) and allocated as follows:

(a)a sum not exceeding five hundred and seventy-four million dollars to the Province of Ontario;

(b)a sum not exceeding twenty-one million, seven hundred thousand dollars to the Province of Manitoba; and

(c)a sum not exceeding eighteen million, four hundred thousand dollars to the Province of Saskatchewan.

(3)Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Human Papillomavirus Immunization

127Maximum payment of $300,000,000#

(1)The Minister of Finance may make direct payments, in an aggregate amount not exceeding three hundred million dollars, to a trust established to provide the provinces and territories with funding in support of human papillomavirus immunization.

(3)Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Patient Wait Times Guarantee

128Maximum payment of $612,000,000#

(1)The Minister of Finance may make direct payments, in an aggregate amount not exceeding six hundred and twelve million dollars, to a trust established to provide provinces and territories with funding in support of a patient wait times guarantee.

(3)Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Child Care Spaces

129Maximum payment of $250,000,000#

(1)The Minister of Finance may, for the fiscal year beginning on April 1, 2007, make direct payments, in an aggregate amount not exceeding two hundred and fifty million dollars to the provinces and territories for the purpose of supporting the creation of child care spaces.

(2)The amount that may be paid to a province or territory for the fiscal year referred to in subsection (1) is the amount determined by multiplying the amount set out in that subsection by the quotient obtained by dividing

(a)the population of the province or territory for the fiscal year

(b)the total of the population of all provinces and territories for the fiscal year.

(3)Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate.

Payment to Yukon

130Payment of $3,500,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of three million, five hundred thousand dollars to Yukon.

Payment to Northwest Territories

131Payment of $54,400,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of fifty-four million, four hundred thousand dollars to the Northwest Territories.

Part 11 · Payments to Certain Entities

Nature Conservancy of Canada

132Maximum payment of $225,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment, a sum not exceeding two hundred and twenty-five million dollars to the Nature Conservancy of Canada for its use.

Canada Health Infoway Inc.

133Maximum payment of $400,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding four hundred million dollars to Canada Health Infoway Inc. for its use.

CANARIE Inc.

134Maximum payment of $96,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding ninety-six million dollars to CANARIE Inc. for its use.

Genome Canada

135Maximum payment of $100,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding one hundred million dollars to Genome Canada for its use.

Aid to Afghanistan

136Afghanistan Reconstruction Trust Fund — $90,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister for International Development, a sum not exceeding ninety million dollars to the World Bank for the Afghanistan Reconstruction Trust Fund in respect of development assistance for Afghanistan.^note

137UN Mine Action Service — $20,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister for International Development, a sum not exceeding twenty million dollars to the United Nations for use in UN Mine Action Service activities in Afghanistan.^note

138UN Office on Drugs and Crime — $13,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding thirteen million dollars to the United Nations Office on Drugs and Crime, in respect of counter-narcotics initiatives for Afghanistan.

139Counter Narcotics Trust Fund — $2,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding two million dollars to the United Nations Development Programme for the Counter Narcotics Trust Fund, in respect of counter-narcotics initiatives for Afghanistan.

140Law and Order Trust Fund for Afghanistan — $10,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Foreign Affairs, a sum not exceeding ten million dollars to the United Nations Development Programme for the Law and Order Trust Fund for Afghanistan, for use consistent with the purposes of that fund.

Rick Hansen Man in Motion Foundation

141Maximum payment of $30,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding thirty million dollars to the Rick Hansen Man in Motion Foundation for its use.

The Perimeter Institute for Theoretical Physics

142Maximum payment of $50,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding fifty million dollars to The Perimeter Institute for Theoretical Physics for its use.

Canada Foundation for Sustainable Development Technology

143Maximum payment of $200,000,000#

There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $200 million to the Canada Foundation for Sustainable Development Technology for its use.^note

143.1Clarification — maximum payment#

Despite section 143, the sum that may be paid out under that section is not to exceed the difference between $200 million and the sum paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment and the Minister of Natural Resources to the Canada Foundation for Sustainable Development Technology for its use, under section 143 as it read immediately before the day on which this section comes into force.^note