Budget Implementation Act, 2007

Link to law: http://laws-lois.justice.gc.ca/eng/acts/B-9.856/FullText.html

Budget Implementation Act, 2007

S.C. 2007, c. 29

Assented to 2007-06-22

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007

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 implement certain provisions of the budget tabled in Parliament on March 19, 2007”.

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

Short Title

Marginal note:Short title

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

PART 1 Amendments Related to Income Tax

Income Tax Act

2 [Amendment]

3 [Amendment]

4 [Amendment]

5 [Amendment]

6 [Amendment]

7 [Amendment]

8 [Amendments]

9 [Amendments]

10 [Amendment]

11 [Amendment]

12 [Amendments]

13 [Amendment]

14 [Amendment]

15 [Amendment]

16 [Amendment]

17 [Amendments]

18 [Amendments]

19 [Amendments]

20 [Amendments]

21 [Amendments]

22 [Amendment]

23 [Amendment]

24 [Amendment]

25 [Amendment]

26 [Amendments]

27 [Amendment]

28 [Amendment]

29 [Amendment]

Income Tax Regulations

30 [Amendment]

31 [Amendment]

32 [Amendments]

33 [Amendment]

34 [Amendment]

35 [Amendments]

36 [Amendments]

Canada Education Savings Act

37 [Amendments]

Canada Education Savings Regulations

38 [Amendment]

Coordinating Amendments

39 [Amendment]

40 [Amendment]

41 [Amendment]

42 [Amendment]

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

43 [Amendment]

44 [Amendment]

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

Excise Tax Act

45 [Amendment]

46 [Amendment]

47 [Amendments]

48 [Amendment]

49 [Amendments]

50 [Amendment]

51 [Amendment]

52 [Amendment]

Coordinating Amendments

53 [Amendment]

PART 4 Other Measures Relating to Taxation

Customs Tariff

54 [Amendment]

Federal-Provincial Fiscal Arrangements Act

55 [Amendment]

56 [Amendment]

Marginal note:Coming into force

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

Payments to Ontario

Marginal note:Payment of $250,000,000

58 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.

Marginal note:Payment of $150,000,000

59 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

Marginal note:Enactment of Act

60 The Tax-back Guarantee Act is enacted as follows:

[See Tax-back Guarantee Act]

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]

Previous Version

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]

Previous Version

Coming into Force

Marginal note:Newfoundland and Labrador

84 (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.

Marginal note:Notice

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

Return to footnote *[Note: Sections 79 and 82 in force April 1, 2010, see Canada Gazette Part I, Volume 146, page 26.]

Marginal note:Nova Scotia

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

2007, c. 29, s. 84, c. 35, s. 171.
Previous Version

PART 7 Amendments to the Financial Administration Act

Financial Administration Act

85 [Amendment]

86 [Amendment]

87 [Amendment]

88 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote *89 This Part comes into force on a day to be fixed by order of the Governor in Council.

Return to footnote *[Note: Part 7 in force October 26, 2007, see SI/2007-95.]

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

Marginal note:Order in council

Footnote *123 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.

Return to footnote *[Note: Subsection 103(2) in force November 17, 2007, see SI/2007-105; subsections 91(2), 104(2) and 113(2) in force November 17, 2007, see SI/2007-106.]

PART 10 Payments to Provinces and Territories

Payment to British Columbia

Marginal note:Maximum payment of $30,000,000

124 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

Marginal note:Maximum payment of $1,519,000,000

125 (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.

Marginal note:Provincial or territorial share

(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).

Marginal note:Payments out of C.R.F.

(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

Marginal note:Maximum payment of $614,100,000

126 (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.

Marginal note:Provincial share

(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.

Marginal note:Payments out of C.R.F.

(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

Marginal note:Maximum payment of $300,000,000

127 (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.

Marginal note:Provincial or territorial share

(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).

Marginal note:Payments out of C.R.F.

(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

Marginal note:Maximum payment of $612,000,000

128 (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.

Marginal note:Provincial or territorial share

(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).

Marginal note:Payments out of C.R.F.

(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

Marginal note:Maximum payment of $250,000,000

129 (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.

Marginal note:Provincial or territorial share

(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

by

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

Marginal note:Payments out of C.R.F.

(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

Marginal note:Payment of $3,500,000

130 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

Marginal note:Payment of $54,400,000

131 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

Marginal note:Maximum payment of $225,000,000

132 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.

Marginal note:Maximum payment of $400,000,000

133 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.

Marginal note:Maximum payment of $96,000,000

134 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

Marginal note:Maximum payment of $100,000,000

135 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

Marginal note:Afghanistan Reconstruction Trust Fund — $90,000,000

136 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.

2007, c. 29, s. 136;
2013, c. 33, s. 196.

Previous Version

Marginal note:UN Mine Action Service — $20,000,000

137 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.

2007, c. 29, s. 137;
2013, c. 33, s. 196.

Previous Version

Marginal note:UN Office on Drugs and Crime — $13,000,000

138 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.

Marginal note:Counter Narcotics Trust Fund — $2,000,000

139 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.

Marginal note:Law and Order Trust Fund for Afghanistan — $10,000,000

140 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

Marginal note:Maximum payment of $30,000,000

141 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

Marginal note:Maximum payment of $50,000,000

142 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

Marginal note:Maximum payment of $200,000,000

143 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.

2007, c. 29, s. 143;
2016, c. 7, s. 238.

Previous Version

Marginal note:Clarification — maximum payment

143.1 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.

2016, c. 7, s. 238.

PART 12 Amendments Relating to Financial Institutions

Bank Act

144 [Repealed, 2007, c. 29, s. 150]

145 [Repealed, 2007, c. 29, s. 150]

Cooperative Credit Associations Act

146 [Repealed, 2007, c. 29, s. 150]

Insurance Companies Act

147 [Repealed, 2007, c. 29, s. 150]

148 [Repealed, 2007, c. 29, s. 150]

Trust and Loan Companies Act

149 [Repealed, 2007, c. 29, s. 150]

Coordinating Amendments

150 [Amendments]

PART 13 Amendments to the Department of Public Works and Government Services Act

151 [Amendment]

152 [Amendment]

153 [Amendment]

PART 14 Amendment to the Financial Consumer Agency of Canada Act

154 [Amendment]
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