Bill C-253 (Historical)

An Act to amend the Income Tax Act (deductibility of RESP contributions)

This enactment amends the Income Tax Act to provide that contributions to a Registered Education Savings Plan are deductible from a taxpayer’s taxable income.

The House resumed from November 1 consideration of the motion that Bill C-253, An Act to amend the Income Tax Act (deductibility of RESP contributions) be read the second time and referred to a committee.

Income Tax Act

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Mr. Speaker, I am pleased to speak to Bill C-253, An Act to amend the Income Tax Act sponsored by my colleague, the hon. member for Pickering—Scarborough East. I am also pleased by the Speaker's announcement today that the bill can proceed in its present form in spite of previous concerns that it might have exceeded the jurisdiction of private members' business. The purpose of the bill is to allow contributions to registered education savings plans, RESPs, to be tax deductible similar to the way Canadians already deduct contributions to registered retirement savings plans, RRSPs.

I need to digress a little. Today has been a rather difficult day for Canadian investors. Contrary to what Conservatives told Canadians prior to the last election, the finance minister announced that he has decided to flip-flop on the income trust issue and slap a tax on the distribution. Within two hours of trading today Canadian investors lost $25 billion in retirement savings affecting virtually all sectors of the economy and unfortunately creating a sudden and bleak future for hundreds of thousands of pensioners.

That being said, I wish to return to the proposal brought forth in Bill C-253. I believe this proposed legislation warrants further consideration. I believe it is important to support this bill at second reading so that it can be referred to committee for an in-depth analysis. The reason is simple. We acknowledge that the cost of post-secondary education is becoming extremely expensive for average Canadian families, especially those with more than one child to educate.

Students are graduating with an excessive amount of debt and many say they simply cannot afford an education. This is a troubling situation especially since our future productivity is dependent on the next generation of students. Currently Canada has the highest participation rate in post-secondary education among the OECD countries, but that ranking is in severe jeopardy if the federal government does nothing to change the situation.

Bill C-253 would encourage more parents to participate in the registered education savings plan because they would see the fruits of this program at the end of every tax year. As we heard from my hon. colleague, only 27% of parents participate, so the bill would encourage more participation. This would be beneficial to Canada because we would have a more educated population and hence a more productive population.

In addition, the savings that are incurred from this tax deduction could be reinvested into an RESP in order to assist families with the goal of maximizing their annual RESP contribution. At present the maximum annual contribution is $4,000 a year with a lifetime limit of $42,000 per beneficiary. These investments grow tax free until a child needs money for tuition. While it is true that Bill C-253 would shift the tax burden from the parents to the child beneficiary, the annual income of a full time student is quite low and any tax liability would be offset by other tax credits while students are still in school.

Currently students emerge from universities with a huge debt. This bill would ensure that students emerged from their education with a much lower student debt. Consider that by 2010 a four year degree program could cost in excess of $100,000. It becomes quite clear that long term planning is required on the part of the students and parents, but also the federal government. This would ensure that post-secondary education does not become a luxury only those families with money can afford.

It is also quite clear that an RESP worth $42,000 would offset a significant portion of the cost of a proper education.

I note with interest that the author, the MP for Pickering—Scarborough East, has considered measures to prevent RESPs from abuse. Bill C-253 proposes severe tax penalties for those who would attempt to take advantage of an RESP's simple tax shelter without any serious regard for the potential beneficiary. In the event that a beneficiary has no intention of going to school, the accumulated income would be subject to a 20% tax on top of the regular tax normally payable on such investments. That I call accountability.

Roughly 50% of college and university graduates graduate with a debt. The average debt amounts to $20,000, making it very difficult for young people to get a headstart in life.

I ask for the support of all members in this House so that serious thought can be given to helping all Canadians access post-secondary education regardless of their economic circumstances.

[Judy Wasylycia-Leis, NDP, Winnipeg North, MB]

Mr. Speaker, I am pleased to have the opportunity to join in this debate on Bill C-253, a private member's bill put forward by the member for Pickering—Scarborough East to adapt and change the RESP contribution program.

Unlike my colleagues from the Bloc and my colleague from the Conservative Party who has spoken, I am going to put on the record remarks of deep concern about this particular private member's bill. I am sure it will come as no surprise to the member for Pickering—Scarborough East that while we appreciate his work in this area, we feel that his efforts are misplaced and the focus of the bill is misplaced. Through this bill we will not necessarily accomplish what I believe he wants and what we all want, which is greater access to post-secondary education for our young people. That is clearly a burning desire from all of us.

We hear daily from constituents and from young people across this land how much they want to go to university or college to pursue their educational dreams and aspirations only to learn that the obstacles sometimes are so great as to prevent them from fulfilling those dreams. Here are the questions we have to ask today. Does this bill advance the public agenda in that regard? Does it make it easier for our young people to access post-secondary education? Do the costs outweigh the benefits or not?

That is why I rise today with deep concerns about this particular bill. We have just finished a whole series of pre-budget consultations. We heard from numerous groups involved in education, students, teachers, researchers and administrators. In each and every case the demand from the education community, and from families who are concerned about opportunities for their children, was for increased responsibility and roles on the part of the federal government in the post-secondary education system.

Each and every one of those representatives called upon the government to redress the serious problems that befell our system when the Liberals cut the heck out of education back in 1995 with their infamous federal budget. They basically set us back an entire decade with their regressive and extreme views in terms of dealing with the fiscal challenges of the day. We are still trying to recover from that period. It is not helpful to have another patchwork approach to a very serious systemic issue.

All we have had over the last decade is one band-aid after another. That has been the Liberal approach to education in this country. First the Liberals cut the heck out of the system, then they promised when they had a surplus, they would deal with it and put the money back. What did they do instead? They gave huge tax breaks to corporations and put all the surplus available against the debt. Nothing was done in terms of dealing with the systemic problems facing access to post-secondary education.

This bill is another band-aid on top of a band-aid. This is like trying to fix up a patch that is already on a system that is bleeding and hurting. This is not serving the country.

I do not need to tell the House how difficult it is these days for students to access university given the rising costs of tuition. The evidence is all around us.

Mr. Speaker, it would certainly help if you could bring some order to this chamber. It is very hard to hear oneself think when there is that kind of nattering going on in the Liberal benches.

[Robert Bouchard, Bloc, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I am pleased to rise and speak to a subject of ever-increasing concern here in Ottawa and in the eyes of the population. Post-secondary education, and particularly its accessibility, is a very topical issue.

The Bloc Québécois is in favour of the principle of this bill because it is an improvement over the current provisions of the Income Tax Act, which governs the registered education savings plan—RESP—program.

To summarize the bill briefly, a registered education savings plan is created from contributions out of after-tax income. Such contributions do not entitle contributors to a tax deduction, as is the case for contributions to a registered retirement savings plan or RRSP, but the investment income that is earned on the contributions accumulates in the RESP and is tax-free. The investment income is taxed only when it is withdrawn from the RESP. If the savings are withdrawn to finance the beneficiary’s post-secondary education, the investment income will end up in the hands of this beneficiary.

The problem is that not everyone can afford to make contributions to a registered education savings plan, since a substantial income is necessary in order to do so. People prefer to contribute to an RRSP rather than an RESP.

This bill, if passed, will make it possible for parents and families to benefit from a tax deduction, as they do with an RRSP.

Putting such a measure in place would come with a cost, of course, but it would foster the growth of our society and have an undeniably positive impact on its development.

Bill C-253 has numerous shortcomings. It nevertheless remains that it is an improvement as far as the RESP program is concerned.

During the first reading of this bill, my colleague from Jeanne-Le Ber identified the bill’s chief shortcomings in his speech. I would like to do a quick review of the RESP program and the advantages for society of passing such a bill.

Although the registered education savings plan program has been around for 30 years, the federal government has given it special attention of late. In 1998, the federal government created the Canada Education Savings Grant, the CESG. This is a grant of a maximum of 20% of the contribution made, which provides the beneficiary with an extra $400. This means that, when a parent or grandparent contributes $2000, $400 will be added to the RESP of a child under the age of 18.

Bill C-253 is a continuation of the improvements that began a few years ago. According to the statistics for 2002, the participation rate for the registered education savings plan was only 6% in Quebec; that is right, I said 6%, while it was about 10% in Ontario and in British Columbia.

At present, a large number of parents and grandparents do not contribute to a registered education savings plan because it does not constitute a deduction from an individual’s taxable income. In addition, some people do not have the financial resources to do so.

Therefore, people prefer to put their money into registered retirement savings plans. However, it is a good bet that more people would like to benefit from a RESP if there were an income tax deduction similar to the deduction for RRSPs.

What the bill seeks to do is to target an often-neglected group of taxpayers, who are already asked to make more than their share of sacrifices in our society. I am talking about the middle class; the class that includes the largest number of Canadian citizens. What this bill offers is greater accessibility to post-secondary education.

The education of our children and our grandchildren is often a cause for worry and concern not only for parents, but also for the expanded family, the grandparents, aunts and uncles. Many of them fear that they will not be able to pay the increasingly higher costs of post-secondary education. The introduction of an incentive for the contributor and the beneficiary represents an investment by the government in today’s young people and gives hope to a great many young parents, young families and grandparents.

On the other hand, if the beneficiary does not pursue post-secondary studies and no other beneficiary is designated, the contributor can receive the income from the investment under certain conditions. The funds could be transferred to a registered retirement savings plan without penalty, up to a maximum of $50,000 if the individual’s RRSP contribution ceiling allows. Otherwise, a 20% income tax deduction would be made on the withdrawal and the amount that could not be transferred to an RRSP would have to be added to the individual’s income for the year. We are talking here about only the accumulated investment income within a registered education savings plan because the capital is not subject to income tax.

It is certain that the adoption of such a bill could be very costly for taxpayers because, at present, those who contribute to a registered education savings plan are not able to deduct that contribution from their income. Therefore, those households with higher incomes will benefit even more from such a measure and low-income families will see little or no advantage. However, no program is perfect and Bill C-253 represents an excellent incentive to parents and families.

In summary, I would say that this bill would enable an individual making a contribution to an RESP to deduct that contribution from income, which is almost identical to the practice for an RRSP. In closing, I want to congratulate the member for his bill and thank him for his interest in the education of our children and our grandchildren.

[Joe Preston, Conservative, Elgin—Middlesex—London, ON]

I am glad to hear that the member opposite agrees with me.

Budget 2006 discards the previous $3,000 partial exemption and proposes to make all scholarships and bursaries received by students enrolled in post-secondary studies completely exempt from tax.

Budget 2006 also proposes to improve access to student loans by reducing the parental contribution required for students from middle income families for the purpose of student loans. It is estimated that this change will enable 30,000 students to gain access to assistance and 25,000 to have access to increased loans.

The government will also provide a one-time payment of $1 billion into the post-secondary education infrastructure trust, providing that the 2005-06 surplus is in excess of $2 billion. The trust will support critical and urgent infrastructure and equipment in colleges and universities.

Budget 2006 also included funding for research and development and measures in support of apprenticeships and trades.

Let me turn to the assistance that is already provided for education saving. RESPs are given preferential tax treatment to help parents save for their children's post-secondary education. Up to $4,000 can be contributed to an RESP in a year for each beneficiary to a lifetime maximum of $42,000 per beneficiary. Funds invested in the plan grow tax free until they are withdrawn. Contributions are not deductible, but can be withdrawn tax free. Investment income earned in the plan is taxed in the hands of the students when withdrawn for post-secondary education. In short, the tax benefits in an RESP come from two sources: the deferral of the tax would be investment income and the fact that this income is taxed at a low rate because students generally pay little or no tax.

In addition to the tax preferences I just described, RESP savings qualify for the Canada education savings grant, or CESG, which makes saving in an RESP even more attractive. Under this program, which is aimed at encouraging saving for post-secondary education, the government provides a 20% grant on the first $2,000 in RESP savings for each beneficiary in a year.

To illustrate how this works, assume a parent contributes $2,000 to an RESP for his or her child, the contribution would earn $400 in CESG and the income on both the contribution and the CESG would grow tax free until the funds were withdrawn to cover the cost of the child attending college or university.

Further, because it is more difficult for low and middle income families to save for a child's post-secondary education, the Canada education savings grant provides a higher grant rate on the first $500 in contributions by these families. Depending on family income, the grant rate could be as high as 40%.

In addition, since 2004, the Canada learning bond kick-starts education savings for children born after 2003 and who are in families entitled to the national child benefit supplement. Up to $2,000 in total Canada learning bond grants could be paid in a child's RESP by age 16. These measures were adopted with our support.

In fact, the current RESP limit, saving $2,000 annually into a child's RESP, means that almost $75,000 could be available for that child's post-secondary education by age 18, and about $95,000 would be available if the parent contributed $4,000 annually until the $42,000 lifetime limit was reached.

The combination of the generous tax treatment of the RESP and the CESG that tops up private savings has provided powerful incentives for parents to save for their children's post-secondary education. At the of 2005, these plans held almost $18 billion in savings for future post-secondary education, seven times their value nine years ago.

Since 1998, $2.7 billion in Canada's education saving grants have provided for over 2.2 million children. Over $440 million in grants was paid into RESPs under the program in 2005. In addition, the tax deferral provided by RESPs represents about $130 million per year in forgone revenue for the Government of Canada and about half that amount to the provinces.

In total, the Government of Canada devotes over $570 million annually to tax relief and grants to help parents save for their children's post-secondary education. I believe nobody would dispute that the current RESP regime has been extremely successful at promoting savings for post-secondary education.

Let us consider the impact of the measures under Bill C-253.

First, the bill proposes to provide a deduction for contributions to RESPs made in 2006 and future tax years, with contributions withdrawn being taxed in the contributors hands rather than tax free as is currently the case.

Second, contribution limits would be raised to be the same as those applying for registered retirement savings plans, or RRSPs, that is 18% of the earned income up to $18,000 for 2006.

The bill is supposed to encourage parents to save more for their children's post-secondary education, but I suggest that the measure proposed in the bill would be ineffective and would be expensive.

For these reasons and many others, I am unable to support the bill and invite my colleagues to do the same.

[Joe Preston, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, it is a privilege to engage in debate today with my fellow colleagues on Bill C-253, sponsored by the hon. member for Pickering—Scarborough East.

The bill proposes two major changes to registered education savings plans, or RESPs, that would affect contributions made in 2006 and future tax years.

We all agree that post-secondary education is important for the future of our children and for the future of this country. A well-educated workforce is a critical factor to improving Canada's productivity and raising our standard of living. In a knowledge based economy, our young people must have the skills to compete successfully in an increasingly sophisticated labour market.

More than half of the new jobs created today require post-secondary education. We can only expect education requirements to increase over time. We want our children to have access to post-secondary education and we want that education to be second to none.

The bill before the House today proposes an increase in support for post-secondary education by providing additional tax preferences for RESP savings. However, I believe this bill is not the best way to promote post-secondary education.

First, I will give a brief overview of the considerable support the Government of Canada provides for post-secondary education; second, I will explain the significant support that is already provided for education saving; and third, I will explain why measures proposed in the bill presented by the hon. member for Pickering—Scarborough East would not be cost effective ways to support post-secondary education.

The Government of Canada provides significant support for post-secondary education. In addition to transfers to the provinces, the Government of Canada provides over $5 billion annually in direct support to post-secondary education. Of this amount, $1.7 billion is provided to educational institutions for research to help ensure our brightest researchers stay in Canada and contribute to maintaining Canada's edge in innovation. Also, $1.8 billion is provided in grants, scholarships and loans to improve access to post-secondary education for low income students and rewarding those who attain academic excellence. We also provide $1.7 billion in tax relief to students and their families in recognition of the cost of post-secondary education through measures such as the tuition tax credit and the education tax credit.

This government's commitment to post-secondary education was evidenced in the 2006 budget presented in the House on May 2, 2006. The budget follows through on our platform commitments by proposing to create a textbook tax credit. The credit will be provided of $65 per month for full time study or $20 per month for part time study.

This government also recognizes that post-secondary students need to be supported in their hard work in the pursuit of academic excellence.

The House resumed from June 21 consideration of the motion that Bill C-253, An Act to amend the Income Tax Act (deductibility of RESP contributions), be read the second time and referred to a committee.

Bill C-253--Speaker's Ruling

[The Speaker, Liberal, Peter Milliken]

Order, please. I am now prepared to rule on the point of order raised by the hon. government House leader on June 21, 2006, in relation to the procedural issues relating to Bill C-253, an act to amend the Income Tax Act (deductibility of RESP contributions), standing in the name of the hon. member for Pickering—Scarborough East.

In his arguments, the hon. government House leader explained that clause 2 of the bill contained provisions which would effectively increase how taxable income was calculated and thus result in potentially more taxes being collected. Specifically, subclause 2(5) would make any refund of payments regarding contributions to RESPs considered as taxable income. Subclause 2(6) necessarily repealed a section of the Income Tax Act, which would have made such refunds excluded as taxable income.

Therefore, the hon. government House leaderargued that if Bill C-253 was creating a new tax burden, then it should not have been given first reading without the adoption of a ways and means motion, and the Speaker should discharge the order for second reading and remove the bill from the order paper.

House of Commons Procedure and Practice provides some information on the operation of taxation bills on pages 758 and 759:

The House must first adopt a Ways and Means motion before a bill which imposes a tax or other charge on the taxpayer can be introduced. Charges on the people, in this context, refer to new taxes, the continuation of an expiring tax, an increase in the rate of an existing tax, or an extension of a tax to a new class of taxpayers…Legislative proposals which are not intended to raise money but rather reduce taxation need not to be preceded by a Ways and Means motion before being introduced in the House.

Furthermore, on page 898 it states:

With respect to the raising of revenue, a private member cannot introduce bills which impose taxes. The power to initiate taxation rests solely with the government and any legislation which seeks an increase in taxation must be preceded by a Ways and Means motion.

As I understand it, the current RESP regime requires the person contributing to the plan to make such contributions out of after tax income. If, subsequently, the amount in the plan is not to be used for funding post-secondary education as intended, the contributor may have the contributions refunded. This refund is not taxed as the original contribution was made from income on which tax had already been paid. Similarly, a student withdrawing money from an RESP is not required to report the contribution amount as income, but only the interest earned while the funds were invested in the plan.

Let us now turn to the proposal before the House. The summary of Bill C-253 states that the bill provides “that contributions to a Registered Education Savings Plan are deductible from a taxpayer's taxable income”.

The bill also provides that if, at a later time, contributions are taken out of the plan by the contributor, they are to included as taxable for that year. Not having been taxed initially, the contributions would cease to enjoy tax-exempt status at the time of withdrawal from the plan.

This proposal amounts to a tax deferral. Rather than making contributions out of after tax income, the contributor would be provided with a tax deduction at the time that the contribution is made. If, subsequently, the money is not used for educational purposes but is withdrawn from the plan, the funds would be reported as taxable income at that time.

I do not regard such a tax deferral as imposing any increased tax burden on the contributor. It is permissible for a private member's bill to introduce a tax exemption, or to propose a delay in the reporting of income. Therefore, I find that Bill C-253 is properly before the House.

Accordingly, in my view, debate may continue on the bill in its current form.

Income Tax Act

[Dan McTeague, Liberal, Pickering—Scarborough East, ON]

moved that Bill C-253, An Act to amend the Income Tax Act (deductibility of RESP contributions), be read the second time and referred to a committee.

[Dan McTeague, Liberal, Pickering—Scarborough East, ON]

moved for leave to introduce Bill C-253, An Act to amend the Income Tax Act (deductibility of RESP contributions).

Mr. Speaker, I am pleased to introduce this bill which would amend the Income Tax Act to make contributions to an RESP deductible from the contributor's taxable income.

Students are facing some difficult concerns with rising tuitions, as well as the importance this spells for the future prosperity of our country in terms of a skilled and educated workforce. We certainly do not want post-secondary education to become the purview of only the wealthy.

The bill would provide a regulatory regime similar to the one governing registered retirement savings plans. It is hoped that the passage of this bill will assist more Canadian families to save for their children's post-secondary education. I look forward to the support of all members of the House.

(Motions deemed adopted, bill read the first time and printed)