Vol. 147, No. 7 — March 27, 2013

Registration

SOR/2013-39 March 8, 2013

NORTHWEST TERRITORIES ACT

Northwest Territories Borrowing Limits Regulations

P.C. 2013-271 March 7, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 20(5) (see footnote a) of the Northwest Territories Act (see footnote b), makes the annexed Northwest Territories Borrowing Limits Regulations.

NORTHWEST TERRITORIES BORROWING LIMITS REGULATIONS

DEFINITION

Definition of “government”

1. In these Regulations, “government” means the government reporting entity — as defined in the section dealing with the government reporting entity in the CICA Public Sector Accounting Handbook, as amended from time to time — of the Northwest Territories.

BORROWING

Meaning

2. (1) Subject to subsection (2), for the purposes of subsections 20(2) and (4) of the Northwest Territories Act, each of the following constitutes or is deemed to constitute borrowing:

  • (a) an obligation incurred as a result of any loan of money received by the government, including a loan made by the issuance and sale of bonds, debentures, notes or any other evidence of indebtedness;
  • (b) an obligation incurred as a result of any capital lease entered into by the government if the value of the obligation, determined in accordance with paragraph 3(b), exceeds the threshold for disclosure that is required in the Territorial Accounts;
  • (c) a liability incurred as a result of any saleleaseback transaction entered into by the government if the government acquires a leased tangible capital asset and the value of the liability, determined in accordance with paragraph 3(c), exceeds the threshold for disclosure that is required in the Territorial Accounts; and
  • (d) a contingent liability incurred as a result of any loan guarantee provided by the government.

Exclusions

(2) Each of the following does not constitute or is deemed not to constitute borrowing:

  • (a) an obligation, liability or contingent liability incurred as a result of any transaction referred to in subsection (1) between any two parties within the government; and
  • (b) any portion of an obligation incurred as a result of any loan from the Canada Mortgage and Housing Corporation to the Northwest Territories Housing Corporation — for projects described in section 79 of the National Housing Act or for a purpose described in section 82 of the National Housing Act as it read immediately before June 17, 1999 — that is not disclosed in the Territorial Accounts and for which the Canada Mortgage and Housing Corporation provided funding to the Northwest Territories Housing Corporation that has been used to reduce the amount owed under the loan.

VALUE OF BORROWING

Manner to determine value of borrowing

3. For the purposes of subsections 20(2) and (4) of the Northwest Territories Act,

  • (a) the value of the obligation incurred as a result of a loan referred to in paragraph 2(1)(a) is equal to the sum of any outstanding principal and any accrued interest — or the principal repayable at maturity in the case of a loan made by the issuance and sale of a discount bond — but excludes the amount of any custodial account that is outside the control of the government and in which money is deposited on a regular basis, as required by a loan agreement, for the repayment of the loan;
  • (b) the value of the obligation incurred as a result of a capital lease referred to in paragraph 2(1)(b) is determined in accordance with the CICA Public Sector Accounting Handbook, as amended from time to time;
  • (c) the value of the liability incurred as a result of a sale-leaseback transaction referred to in paragraph 2(1)(c) is determined in accordance with the CICA Public Sector Accounting Handbook, as amended from time to time; and
  • (d) the value of the contingent liability incurred as a result of a loan guarantee referred to in paragraph 2(1)(d) is equal to the full amount of that contingent liability that is to be disclosed in the Territorial Accounts.

COMING INTO FORCE

S.C. 2012, c. 19

4. These Regulations come into force on the day on which Division 4 of Part 4 of the Jobs, Growth and Long-term Prosperity Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2013-38, Yukon Borrowing Limits Regulations.