Provincial Choice Tax Framework Act

An Act to amend the Excise Tax Act

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Excise Tax Act (the “Act”) to implement, effective July 1, 2010, the new fully harmonized value-added tax framework in Ontario and British Columbia. It also facilitates the new framework to accommodate any province’s decision to have the provincial component of the harmonized value-added tax under the Act apply in that province by achieving a common understanding with Canada in respect of such a new framework, including the provision of rules and mechanisms to ensure
(a) the proper imposition of the provincial component of the harmonized value-added tax in respect of that province;
(b) the proper application of any element of provincial tax policy flexibility contemplated under the common understanding, including rate flexibility for the provincial component of the harmonized value-added tax, rebate flexibility in respect of the provincial component of the harmonized value-added tax and the temporary recapture of certain input tax credits in respect of the provincial component of the harmonized value-added tax;
(c) the proper functioning and application of the Act in all respects, including provisions flowing from the provincial tax policy flexibility contemplated under the common understanding and the addition of every province that chooses to join the new framework; and
(d) the proper administration and enforcement of, and compliance with, the Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Dec. 9, 2009 Passed That the Bill be now read a third time and do pass.
Dec. 9, 2009 Passed That Bill C-62, An Act to amend the Excise Tax Act, be concurred in at report stage.
Dec. 9, 2009 Failed That Bill C-62 be amended by deleting Clause 37.
Dec. 9, 2009 Failed That Bill C-62 be amended by deleting Clause 14.
Dec. 8, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Disposition of an Act to amend the Excise Tax ActGovernment Orders

December 7th, 2009 / 6:40 p.m.
See context

NDP

Olivia Chow NDP Trinity—Spadina, ON

Madam Speaker, tomorrow morning at 10 o'clock or thereabouts, the House of Commons will be debating Bill C-62, the harmonized sales tax bill. If it is passed, the federal government will give permission to the British Columbia and Ontario governments to proceed with the HST starting in July 2010. It would also permit the $6 billion transfer.

Normally, a closure motion comes after many days, weeks or months of debate on an issue or a bill. What is odd and absurd about the situation before us is there has been no debate on the HST bill, none, because the debate has not even started yet. There has been no debate on the HST bill, because it does not start until tomorrow.

Madam Speaker, I also want to say that I am splitting my time with my colleague, the member for Welland.

Here we are, debating a motion to limit the second and third readings and committee study. This bill is normally something that would take three, four or five months to pass through Parliament and the Senate. We are debating a motion that would stop the debate in two days, meaning that all of that work will be done in two days. It is unbelievable.

There will be no time for much study, no time to exchange points of view and no time for hearing from Canadians and small businesses. The Conservatives and Liberals will try to rush through this HST bill by this Thursday night so they can start their winter holidays.

We have a motion for hearings. We have an amendment. I am curious how many Liberals from the Greater Toronto Area will vote against hearing from the public, because I know that many of the people, not just in Trinity—Spadina and Toronto, but also in the greater Toronto region, are very much against this tax.

I find this mad rush to ram this bill through very anti-democratic. It is unacceptable and outrageous. We are supposed to be a House of Commons. When the commons, i.e., ordinary Canadians, are not allowed to be heard, then how can we call ourselves a democratic country?

The HST could actually stand for hated sales tax, horrific sales tax, hobbling sales tax or horrible sales tax. Since we are not going to hear much from my constituents in Trinity—Spadina, I thought I would read some of the comments they have sent to me by mail, email and telephone.

First, Matthew said:

No more taxes please, life is hard enough already.

Genevieve said:

I am particularly angry that his additional 8% tax will be applied to my natural gas bill for heating and hot water. Heating our homes is a must in Canada - not discretionary. Landlords will pass on this additional expense to their tenants rents. Furthermore, if this tax is implemented, it will be there forever, long after any rebates or income tax reductions are finished. I also don't expect small businesses to pass on their savings in the form of lower prices to consumers. They will simply keep the savings esp. if their business is struggling.

Liz wrote in to say:

I am retired on an investment income which has been severely reduced by the drops in the market. I don't know how I will be able to afford the 8% on utilities.

Cynthia said:

With 10% unemployment in ON, how can people manage to pay an 8% tax increase. People are suffering and no one seems to care.

Halina said:

I barely get by now as a daycare worker and no work pension to depend on. Help.

Darren, a student, said:

I'm a toronto citizen returning to university so that I can attain a new job. With tuition and now the proposed HST I am going to have more difficulty than ever before to support myself.

Lolito said:

HST will not only hurt the travellers that will visit Ontario and expecting a rebate, for me this is a plain discouragement for all the visitors who plans to come here. Definitely it will only hurt our tourism within our own province and it is indeed not a good thing to do....

Another constituent said:

This.... tax grab is not only going to hurt travellers... it 's also going to hurt tourism....

Luz said:

I am opposed to... (HST) being used as a solution to the current government's deficit. As a self-employed business owner, the HST will cost me more than I will save. The government's implementation of the HST during this time of economic recession recovery is completely irresponsible. Many sectors of our economy have just begun to feel the effects of the recession--this is the case for my business. Not only will the HST have a negative effect to small business owners, the cost to implement the HST does not make financial sense.

Bob said:

Unless I'm missing something, I do not understand the need for the HST. If eliminating the PST on intermediate inputs is going to have such wonderful impact on business and employment why does the PST have to be extended to goods and services that are currently exempt?

Another constituent said:

Something which most people aren't realizing is the HST is going to really hurt self-employed people like me. As a musician with a GST number, come April 2011 I will have to remit 13% of my income to the government instead of 5%.

This is really going to hurt self-employed people all over the map. What can be done to stop this bill!? Are all the Liberal MPs going to vote for it, or can some cross the party lines to vote against it?

We will see what will happen later on.

A senior said:

I will incur a higher tax on hydro, and many more things that are necessary for me and my son, like HOUSING, car insurance etc..... in this country when it's very cold in the winter, i can't afford to live without hot water and electricity.

Josefina said:

Please stop this HST tax. How much more can we be taxed!!!

Another senior, Larry, a CARP member, said:

As a Senior I am totally against the proposed HST. I cannot see how this will benefit anyone let alone Seniors. I would like you and all MP's to vote this proposal down [please]. Thank you!

Agnes said—and this is interesting—

For families struggling with the recession a new 8 per cent tax on everything from home heating to Christmas trees is kicking them when they're down.

It is not just Christmas trees and home heating fees, but it is new bikes and vitamins. It is when one takes a pet to the vet, when one surfs the net and when someone tries try to manage or buy mutual funds, or when one buys a house and real estate fees go up. Sports fees, gym memberships, even funerals, all are going to cost 8% more. It is also going to affect our seniors.

The Ontario Long Term Care Association said some 360 seniors' homes, affecting 40,000 seniors, are going to take a big hit. As a result, these homes are going to have to lay off a large number of staff. That means seniors will have less care and will have to wait longer for a bath or to eat a meal.

This is the kind of negative impact that we will see because of the harmonized sales tax.

Last, the reason for such a rush to adopt this bill is obvious: people hate this tax. The Liberals and the Conservatives are worried that if people go to the website, www.blockthehst.ca, they will use the calculators there to find out how much more they will have to pay and what kind of impact this tax grab will have, and they will fight hard.

Disposition of an Act to amend the Excise Tax ActGovernment Orders

December 7th, 2009 / 5:30 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Madam Speaker, I want to thank the member for Algoma—Manitoulin—Kapuskasing for that good question and her very good work on the point of sale tax exemption for first nations in Ontario. That is an absolutely critical issue and a treaty right.

I heard the members opposite yelling that this is provincial jurisdiction. I still say that if it is provincial jurisdiction, why are we debating it in the House of Commons? Why is Bill C-62 before the House? If the federal government has no role in this, we would not be having this debate.

When it comes to small business, we know from the Butchart Gardens study that a lot of labour-intensive businesses will not have the same kinds of throughputs that other industries have. They are very concerned about the impact on their businesses.

Hairdressers say that most people go in for haircuts every six weeks and they are expecting people to start putting them off for eight weeks because people in British Columbia cannot afford that extra 7% and in Ontario that 8%. That is an additional 7% or 8% on these services. For many small businesses, their profit margins are very narrow, so they simply cannot afford this additional tax.

Disposition of an Act to amend the Excise Tax ActGovernment Orders

December 7th, 2009 / 5:15 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I will be splitting my time with the member for Timmins—James Bay.

There are a couple of issues I want to raise in the course of this debate. First of all, we are debating right now a motion on time allocation. Earlier today we saw a shameful vote in this House on closure, which has actually shut off our ability to have a fulsome discussion on this particular piece of legislation, Bill C-62. Once the procedural motion is voted on this evening, we will be forced into a very limited debate on Bill C-62.

Even though this only applies in Ontario and British Columbia at this time, there are British Columbians and Ontarians who live and travel across this country, and what we are consistently hearing from them is that they do not like this HST. In fact, one of my constituents called it the “hated sales tax”.

What we do know is that in the normal course of events, we would have an opportunity at committee to call witnesses from across this country and be able to give people an opportunity to have their say on what they see as both the benefits and problems of the sales tax. Of course, that discussion is now excluded. We are not going to be able to hear from Canadians because we only have four hours at committee, and that is it.

What we have also heard in this House, of course, is that this is a provincial matter. If this is solely a provincial matter, why are we debating it in the House, as the member for Burnaby—Douglas rightly pointed out? Why are we going to be debating Bill C-62 tomorrow or the day after in this House?

The other matter of course has to do with first nations. Clearly the federal government has a responsibility in first nations jurisdictions, because of its fiduciary responsibility. There is an honour of the Crown responsibility that is acknowledged here.

The member for Algoma—Manitoulin—Kapuskasing has talked a number of times about the point of sales tax exemption in Ontario. In British Columbia, the Union of British Columbia Indian Chiefs wrote a letter to the minister on December 2, which states:

HST affects First Nations' ability to earn a moderate livelihood, and it adversely affects our Aboriginal economic rights.... Vague assurances and tax bulletins are insufficient to accommodate.

Your actions to date are not honourable and represent a failure to treat First Nations as equals in a Government-to-Government relationship. We demand a distinct process; public tax bulletins will be a failure to consult and accommodate.

I do not think I could have said it any better. First nations in British Columbia have clearly outlined the fact that they expect to be consulted when we are talking about taxation. There are other pieces of government legislation that give first nations the ability to tax or to be tax exempt, and we would expect the federal government to honour its fiduciary and honour of the Crown responsibilities in that context.

Now I want to talk about British Columbia. In British Columbia, as a number of members have noted, the Ipsos Reid poll for the Canwest News Service and Global National last week indicated that 82% of British Columbians oppose the harmonized sales tax, and 56% of B.C. respondents say they think the HST will hurt the provincial economy.

In case members think it is just New Democrats who are talking about this, I want to turn to a couple of the associations that represent businesses in British Columbia.

Butchart Gardens has put together a study on the impact of the HST on tourism, and I just want to quote a couple of their primary concerns. They clearly lay out in their study the benefits to British Columbia from tourism. They acknowledge that in Canada, tourism is the fourth largest economic driver. One would think that an economic driver of that significance would be consulted when a sales tax is put together. The Butchart Gardens study says that:

Implementing a large new tax on a significant portion of B.C.'s economy will impact consumer confidence and spending levels, and therefore hurts businesses at the end of the supply chain who are labour-based or do not have enough input tax credits to off-set the new tax burden.

This negative 'new tax' effect is greatly amplified due to current economic conditions....

....price elasticity calculations indicate that passing the tax on to our battered consumers will decrease business revenues and thereby reduce government tax revenues generated by impacted sectors....

Considering current economic conditions, what is the cost and scope of risk as measured against predicted HST benefit? Where is this data? Where is this study?

Again, this is what could have been brought up at committee. However, people like The Butchart Gardens, a large tourism attraction in Victoria, have been shut out of any avenue to have their voices heard on the impact on their and other tourism-related businesses.

The Canadian Restaurant and Foodservices Association, in an open letter, talks about a recent survey of members in British Columbia. It states that 91% of its members said that a harmonized sales tax will have a negative impact on their businesses; 90% of respondents said their customers will cut back on spending; and 71% said they will have to cut back on staff or staff hours. Those are the restaurants, another key economic driver in British Columbia.

Because we do not have an opportunity to hear from Canadians other than in this very short debate, I want to read some of the emails I have been getting. I have been getting tons of emails on the impact of this harmonized sales tax.

In a letter to the editor of the Nanaimo News Bulletin, Rosina Schmidt wrote:

The HST will have a negative impact on rental housing quality and affordability, especially in Nanaimo.

It will increase most rental housing industry costs, such as property management, repairs and maintenance contracts by seven per cent next year.

The overall costs to operate rental buildings will increase by up to three per cent as a result. That's about $300 per rental unit per year.

We know that many people in rental units are already being squeezed, as are the property owners.

I received an email from Gabriola Island that says:

Please on behalf of the restaurant industry and my own family restaurant... do what you can to prevent the HST from happening. Such an increase in tax will stop a hesitant clientele from coming out to eat in this economically difficult time, especially on a ferry dependent island.

From Nanaimo, Bridget said:

I find myself struggling to make ends meet as the cost of housing, food and transportation has skyrocketed in BC over the past ten years while my wage has stagnated. I have a degree and a “middle class” job and still spend 75% of my income on taxes, rent, utility bills, medical expenses and transportation. Half of my co-workers were laid off recently. I'm trying to save a bit of money to have some financial security in case my job disappears too. I'm worried the HST will push my shoestring budget into the red.

Sean writes that:

My family, that is my Wife and our yet unborn child... will suffer if this tax goes through. We both work, but as the minimum wage is so low...we're having trouble getting by.

The ever-widening margin between wealthy and poor is appalling.

Carol states:

I am a resident on Gabriola Island, a realtor, and a landlord....

Please voice your opposition to the HST legislation, and halt the implementation....

The HST will have a negative impact on rental housing quality and affordability.

Susan says:

....in Nanaimo, I am concerned that the HST will increase most rental housing industry costs such as repairs and maintenance by approximately 7% next year.

Again, we see that a $300 increase in costs per rental unit will have an impact on the affordability of rental units.

Bruce, from Victoria, states:

The introduction of the HST will hit the poor hardest and benefit only big business. It has been said that the savings to business will be passed on to the consumers. If you believe that, I have some property I'd like to sell you in the Florida Everglades.

Peter, from Duncan, comments:

Please know as a senior on a fixed income that I am vehemently opposed to the Harmonised sales tax. It is another erosion of my small income that makes life very difficult.

Harriet remarks that:

my income is less than $11,000.00 per year, not enough to pay taxes....

this province has the second lowest minimum wage in canada with one of the highest costs of living....

....the cost of food has greatly increased....

the number of people using our local foodbank has increased 30% in the past year....

healthcare will become even more unavailable because therapists will increase their fees...over the counter medications will cost more....

education will be farther from my grasp because all aspects of getting to classes...

both the tourism and real estate business are speaking against this tax because their are very aware of the negative impact of an additional 7% on their transactions....

...the ...government said it would not increase taxes. the general public is not so gullible as all these politicians believe, we know the hst is just another cash grab at the expense of those that can least afford it.

Deanna, from Ladysmith, writes:

I am against harmonization of the federal and provincial sales taxes. Please, vote against it.

Deanna, do not worry. I will.

Pat, from Nanaimo, says:

Having been retired for 15 years now, pensions are being eroded daily and many of the 'few' extras we now enjoy will be further out of reach with the implimentation of the HST. Further, we are now finding we can no longer afford to stay in the home we worked so hard to build for retirement....

....consider the plight of many in this province who just cannot afford yet another increase in tax load.

Doug, from British Columbia, says:

What is the logic of introducing a new tax in mid recession? How will it help economic recovery when it will discourage consumer spending?

I work in the restaurant industry which claims the tax will cause a loss of up to $750 Million in business and a loss of up to 10,000 jobs in B.C.

Robert, from Nanaimo, states:

I strongly oppose this tax on the basis that... it is being unfairly implemented in BC, and will place too great a burden on consumers struggling to cope with a recession.

From Karen, we have the following:

As a person on disability I cannot afford a tax hike of any amount. Also my adult children can't feed and clothe themselves as it is!

Another constituent wrote:

I feel bad about it... as I am a senior I can't afford all my prescriptions or my needs. I feel we need to get [the premier of British Columbia] out.... I know you will do your best.

Someone else wrote:

I was outraged and still am outraged. If a party can say anything to get elected then integrity, honesty and our democratic process have all been bypassed.

Of course, what the person was referring to there was the fact that in British Columbia, the provincial Liberals indicated in the provincial election that they would not put in a harmonized sales tax or HST, and as soon as the election was over, they announced a harmonized sales tax. Of course, we are hearing from many of our constituents who are not only enraged about what is happening in the federal House, but also about what is happening in the Victoria legislature as well.

Grace said:

I live in a leaky condo situation—have to pay double unit entitlement on top of that for all new construction done which is very unfair. This tax will certainly cut down my spending!!

Anybody from British Columbia knows full well that people with leaky condominiums have been fighting a long, hard fight to get some justice. Now there will be an additional 7% tax on any construction they need to do to repair their leaky condos. This is a group that is already reeling under the impact of the leaky condo situation.

Another writer says:

This tax hurts the lower income the most!

Another person writes:

Please do your best and make the HST disappear. It'll destroy us.

I have letter after letter, phone call after phone call, telling us this is the wrong tax at the wrong time. If this is such a great opportunity, why will the Conservatives not allow us to hold full committee hearings, so we can hear from the public and business owners and can understand the impact on both consumers and businesses? This tax shift is simply unfair.

Disposition of an Act to amend the Excise Tax ActGovernment Orders

December 7th, 2009 / 4:35 p.m.
See context

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am pleased to have the opportunity to participate in this debate this afternoon on Motion No. 8, which is one of the most heinous kinds of motions that a government can bring before a Parliament.

There is no doubt that these kinds of time allocation motions do serve to limit the democratic process and limit the ability of members of Parliament and Canadians to participate in debate on legislation that comes before the House of Commons. When that is combined with the closure motion that the government brought forward this morning, it makes it all the worse.

It is unbelievable that the Conservative House leader, the member for Prince George—Peace River, stood in this place this morning and moved closure on debate on this time allocation motion. He has forced this debate to come to a close today with a vote this evening. His closure motion limits the ability of members of Parliament to challenge the government's process on the HST legislation. It is particularly galling that a member from British Columbia would do that when he knows how unpopular this measure is with British Columbians.

I have a feeling that the people of Prince George—Peace River will have a thing or two to say to the House leader of the Conservative Party for bringing forward this kind of limitation on the ability of Parliament to discuss and debate an important piece of legislation, a tax measure no less.

I am sure that had this been several years ago when that member was in opposition, his head would be spinning at the thought of limiting debate on a tax measure before the House of Commons. It is absolutely incredible. People in Prince George will not be happy with the undertaking that the member moved today.

Limiting time on debate may be justified in certain situations. It may be justified if the government's ability to move its agenda forward is completely blocked or bogged down. In that situation an argument might be made for this kind of time allocation motion.

I say might because I do not believe that is generally the case. It is absolutely not the case in this circumstance. There is no evidence whatsoever that the government has been at all impeded in proceeding on this measure. I would like to believe that we could stop this measure, but the time allocation motion had not been brought before the House before the government moved to limit the time spent debating this measure. There is absolutely no evidence that the government's ability to move this through, to advance its program, was impeded.

Advancing the government's program is how the House of Commons manual on procedures refers to the kind of circumstance where time allocation might be engaged, but in this case there is no evidence whatsoever that is the case.

An argument might be made if there were an emergency that required this kind of time allocation, that required the government to advance everything about the legislative process to get something through the House.

What is the emergency in this case? There is no emergency surrounding the HST. There certainly is no emergency around it in British Columbia. The provincial legislature is not even planning on debating this issue until March or April of next year. The Conservatives, even if they get the go-ahead from the provinces and the House of Commons, are not planning on implementing this legislation until July 1 of next year. There is absolutely no emergency related to this bill.

There is absolutely no excuse for advancing the agenda using time allocation and closure, two of the most draconian measures available to a government, when there is no emergency.

Granted, the Conservatives have a very serious political problem on their hands. I am sure they would love the HST issue to be behind them so that they could enjoy their Christmas vacation, so that they could go on their holidays in the new year, so that they could come back to this place at the end of January knowing that it was not going to be around to bother them. We in the NDP and the people of British Columbia are going to make sure that it is still around to bother them.

There is no excuse for the government having moved on this just because it has a political problem and its provincial government friends in British Columbia have a political problem on their hands. Eighty-three percent of British Columbians oppose the HST. We saw that in polls today done by Ipsos Reid and Canwest and Global National. That is an incredibly high figure. The Conservatives have a huge political problem.

I have noted that the Conservative Party members from British Columbia have been very slow to jump to their feet to defend these measures today in the House of Commons. They have been very slow to say anything in this debate whatsoever about what is going on with this and why. Where is the emergency that means we have to proceed on all of this so quickly? It is a very serious issue.

A tax measure deserves a full debate in the House of Commons. Perhaps a tax measure especially deserves a full debate. In the development of our democracy, we have often seen the call of no taxation without representation. Surely, that is what the government has put to the House today with Motion No. 8. For some reason, we have to limit the debate so severely that it really amounts to taxation without representation.

We have made it impossible for the Standing Committee on Finance to hold hearings on this measure. We have made it impossible for them to travel to British Columbia to hear from people and organizations in British Columbia about the HST. They are ramming it through in four hours of committee work. Four hours of committee work is miraculous progress for almost any piece of legislation that would come before the House of Commons. It is certainly miraculous and unheard of in this situation, where we have a tax measure that is resoundingly unpopular with the people on whom it is being imposed.

We need to make sure that the House of Commons and its members are able to do due diligence. Motion No. 8, which we are debating today, does not allow for that kind of diligence to happen in the consideration of this new tax measure. I am glad that the member for Vancouver East moved and that I was able to second an amendment to Motion No. 8 that calls for hearings in British Columbia and Ontario and that calls for a reasonable timeframe for this legislation, which would allow British Columbians and the people of Ontario to have their voices heard about this legislation.

I hope that members will consider that amendment, although given that the Conservatives and their Liberal friends have moved to squelch debate on this issue, I doubt that the amendment has much of a chance in this place. I think it is particularly outrageous that British Columbians do not get a chance to have their voices heard.

There was a time when Conservatives claimed that they were the big defenders of the voices of western Canadians. They said that they came here to Ottawa to make sure the voices of the west would be heard. The west wanted in. Here we are in a case where the west is firmly opposed to something that the Conservatives are bringing forward and they are not even allowing those people to have their voices heard or to have their say on this legislation.

There will be no hearings in British Columbia. There will be no public consultations in British Columbia. The debate has been severely limited here in the House of Commons. None of that would have been acceptable to those people who came to this place saying that the west wanted in. The government has turned out to be just as distant and just as uncaring as those governments it railed against time and time again when it was in opposition. It is amazing how quickly it forgets its roots when it comes to this kind of issue and a taxation issue nonetheless.

I think it is very important that the government also take responsibility for its actions. We hear it stand time and time again, saying that this is a provincial issue and that it has nothing to do with it. If that is the case, why are we standing here having this debate today? Why is it having to bring in these draconian closure and time allocation measures? Why is there a piece of legislation called Bill C-62, amendments to the Excise Tax Act, on the agenda of the House of Commons if it has nothing to do with federal jurisdiction?

It does have something to do with federal jurisdiction. It requires the action of the House and it requires the action of that government to go forward. It should own up to the responsibility for the actions it is taking and own up to the consequences of those actions. British Columbians are going to be paying more in taxation. Every British Columbian is going to be faced with a higher tax bill in the coming weeks and months.

There is no emergency. There is no problem with advancing the government's agenda. There is a severe problem with the idea of no taxation without representation. It is a very sad day when the Conservatives turn their back on their own constituents in British Columbia and their own history of being a populist party that supports letting the western voices be heard here in the House of Commons.

Disposition of an Act to amend the Excise Tax ActGovernment Orders

December 7th, 2009 / 3:30 p.m.
See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, this gives me a chance to answer the member's question, because I think all members of Parliament have received communications from their constituents on the harmonized sales tax question, which has a number of elements to it.

The member who just spoke is quite right. What the Conservative government is doing now is putting closure on the whole process of dealing with this bill. That is reflected in Motion No. 8, the matter that was first raised here, for which the member has now tabled her amendment.

I do not have the amendment. However, if one of the pages could get me a copy of the amendment that was tabled, it would be helpful.

My constituents have been trying to understand what exactly is the role of the federal government here and I have been trying to provide them with some detail. However, I thought it would be helpful for others if there were at least some recognition of what is happening here in the chamber and what is going to happen as we move forward with this bill.

The government has in fact tabled Bill C-62 in the House, the bill that would amend the Excise Tax Act and make all of the necessary changes to permit Ontario and B.C. to pursue harmonization of their sales taxes.

That bill is not before us yet. It has been tabled and printed and is here and members can look at it. They had better have a copy of the Excise Tax Act, because it will be very difficult for members to understand what this means without putting it in the context of the Excise Tax Act itself.

There has also now been an amendment made to change the process. However, the process before the House is such that we will only have one day to debate Bill C-62, when it is finally called. That will be before the end of second reading stage, and 15 minutes before expiry of the time provided for government orders on the day on which this bill is going to be called, we will have votes. We will vote on this bill at second reading, which is basically to provide approval in principle.

Normally, what we would do is to refer it to committee for committee hearings. However, Motion No. 8 goes on to say that the committee is only going to have four hours. This is where the previous speaker decided to move an amendment. What it says in paragraph 2 is that:

not more than four hours following the adoption of the second reading motion, any proceedings before the Committee to which the bill stands referred shall be interrupted....

Hence, it basically says that the committee is going to have four hours.

I can tell members that there are a number of constituencies that are impacted by the potential imposition of an HST, but the discussion in committee will be four hours. It says that the committee has to report the bill back to the House by 11 o'clock that night.

The next part of Motion No. 8 has to do with report stage motions. I raised this earlier as question for a member who spoke. As a matter of fact, it was a question to the finance minister this morning, saying that members of Parliament who were not on the finance committee could attend and listen to a committee meeting, but without the unanimous consent of the members of the committee, they would not get a chance to ask any questions or speak.

Therefore, what is going to happen is that they are going to do their work and at the end of four hours, they are going to have to vote and send it back to the House. The next morning, what is going to happen is that any member who wants to make a report stage motion, i.e., to propose a change to that legislation, he or she will have to submit it by 3 a.m. There are some rules surrounding report stage motions, one of which is that if a matter has been disposed of or considered and negated in committee, it cannot be raised at report stage.

The question I raised with the minister was that it did not seem that members were going to have much of an opportunity to determine whether or not any other amendments would be admissible, simply from the standpoint that they would have to be advised first of exactly what was dealt with in committee. Theoretically, I guess 308 members would have to attend the finance committee meeting to determine what amendments they might be able to make.

Obviously, that is ludicrous. It is not going to happen, unless the meetings are held in West Block and members are provided at least some water while they do their work.

The deadline for getting to the report stage motion is 3 a.m. The bill is then going to proceed on the next sitting day at report stage, if there are any amendments. I suspect there may not be, but if there are, no more than one sitting day is going to be allowed for both report stage and third reading. I am not sure there is going to be a report stage motion. There may be some ingenious way of getting the amendments through, but it is very unlikely we will have an opportunity to debate them in a normal fashion.

My comment to the minister was that we are basically going through a charade. I really do not appreciate it, because the committee ought to be relied upon to carry out due diligence on a bill and to report to the House that it has looked at it and there are no problems.

There are also some stakeholders who may want to appear before the committee and they are not going to have the chance. In a four-hour meeting, after the presentations by the Finance officials on the various aspects of the bill, explaining why they are there and answering questions from members, et cetera, it is very unlikely there are going to be any witnesses.

Quite frankly, we are going through a process wherein we are really not going to be able to do much to change Bill C-62 as presented to us now. The motion before us pretty well shuts down all venues that members normally have to advocate for certain changes.

If we get to a point where the bill is not read a third time and passed by this coming Friday, the House will adjourn on Friday and reconvene on Saturday and we would here then to dispose of the remaining business related to third reading.

I know that many of the members do not like the idea of closure. It is another reason to oppose the bill for those who have a profound disagreement with the introduction of the harmonized sales tax in their province, whether it be B.C. or Ontario, or maybe another province that may ultimately decide to go forward with that.

I and a number of other people met with a provincial minister of revenue on this just to try to understand it a little better. One of the things I really had to understand was the agreement the Province of Ontario entered into with the Government of Canada. It is my province. I have not read the memorandum of agreement between B.C. and the federal government, but I took the opportunity to print it and look at it. There certainly is a lot of ministry involvement.

The memorandum of agreement is referred to in the debate as the MOA. We will also hear about the Canada-Ontario Comprehensive Integrated Tax Co-ordination Agreement, referred to as the CITCA. There is also the Canada Revenue Agency and a lot of people will talk about the CRA, as well as the Canada Border Services Agency, the CBSA, which will administer the Ontario value added tax, the OVAT. If people are not confused yet, they will get confused unless they have a glossary of terms and acronyms.

For this agreement negotiated by the Conservative Government of Canada with Ontario and B.C., the necessary legislative process and the signing of appropriate agreements have to take place before March 31, 2010, except where otherwise authorized by the MOA. Canada also undertakes to seek approval of the Governor in Council to enter into the agreement.

As for the implementation date, Canadians will probably know that the proposed date for the harmonization of sales taxes in the two additional provinces to be effective is Canada Day, July 1, 2010.

The transitional provisions are important. There is a provision under the provincial tax policy flexibility that, subject to reasonable notice, the province, in this case Ontario, could increase or decrease its value added tax rate two years after the date of implementation. So there is actually a freeze on this, and there is not going to be a change before the two years are up.

It is important that people understand in regard to the implementation of a value added tax and a harmonized sales tax that when taxation systems get too many exceptions and too many details, they become very cumbersome to administer and, certainly, to apply, which causes an awful lot of difficulty. Therefore, the agreement stipulates that there will be a designated, limited number of OVAT point of sale rebates, that is, for the Ontario value added sales tax, not to exceed 5% of the aggregate. It means there will be a limit in place in the agreement on how many items can be exempted from the harmonized sales tax, and that is why there are a number of items that members have already noted do not currently attract a provincial sales tax. I think there is provincial sales tax on shoes of over $30 in value, but not those under $30. Now shoes are not even going to be exempt at all. It is not easy to say that we will now implement an 8% tax increase on shoes under $30. A lot of these kinds of examples will come up, but we have to remain focused on what this chamber has been asked to do.

There are some other provisions with regard to input tax credits. I do not believe they have agreed yet, but there is an undertaking to agree on the rebate rates and thresholds for the MUSH sector. Members may recall the discussions with regard to municipalities, universities, schools, colleges and hospitals; and charities and qualifying housing NPOs. I am sure there will be significant discussions with those sectors because, currently under the GST, they do get some extra assistance with regard to rebates or input tax credits, for which they are eligible.

This whole agreement is based on a common tax base, and I should indicate that all of this information is available on the Ontario government website. There is no questions that if one took the GST collection system and the provincial system and combined them into one, then one would have a whole administration for collecting the taxes, processing the documents, doing investigations, fixing errors, et cetera. It is a tremendous cost. As a matter of fact, there are some provisions in the agreement whereby it is mutually agreed that the provincial tax policy flexibility provisions will be collected and administered at mutually agreed upon service and compliance levels by the Canada Revenue Agency and the Canada Border Services Agency at no cost or charge to Ontario.

In addition, Canada will be solely responsible for all the revenue agency and border services agency start-up and ongoing costs, including their development and systems costs, so there is a substantial savings in terms of eliminating costs at the provincial level. These costs will in fact be billed to the province on the basis of usage in terms of the processing involved with the provincial taxation component.

The agreement says, “Canada agrees to pay Ontario its revenue entitlements on a daily basis. For greater clarity, the allocation for a tax entitlement year will be paid to Ontario in estimated daily amounts determined using the revenue allocation framework beginning July 1, 2010”.

There are some provisions with regard to the exchange of information agreement with regard to human resources. There are some other changes. During the transitional period, though, the province will be able to continue to operate the system so that a transitioning happens when things get sorted out. Whenever we have a change, there are always things that are going to come up, so they have made some transitional provisions.

I was not aware of this, but there is going to be an appointment of a panel. Both the Government of Canada and the Government of Ontario have agreed to appoint a panel or an individual within six months following the implementation to review and make recommendations on possible improvements to the administrative and policy information available; the revenue allocation framework, such as replacement by a system that would provide distribution of revenue to Ontario, and harmonized sales tax provinces, based on actual sales of goods and services in such provinces; and finally the governance and organization structures of the various committees under the Canada-Ontario agreement.

Therefore it is anticipated that there will be ongoing fine tuning with regard to the agreement.

I encourage members to consider looking at the agreement. I understand that once we get through this procedural phase, it would appear there is not going to be much chance of amending Bill C-62. It is going to be presented to the House on probably the fastest track one can ever imagine.

What members probably should consider is the fact that Ontario and B.C. have made a judgment: in their judgment, this policy of harmonizing the taxes makes sense for their economies.

Having met with the Ontario Minister of Revenue last week and having seen the presentation on how this would work, I could see clearly that the Province of Ontario is hurting badly; in fact, its projected deficit for the current year is about $24 billion. The job loss in Ontario is extraordinary.

Faced with the prospect of having this implemented now, people were saying it might make good policy sense, but the timing is not good because everything is so bad in the economy. However, both B.C. and Ontario have been arguing that it makes sense because it is going to provide an additional stimulus in their provinces to create jobs. In fact, about 591,000 jobs will be created in Ontario, according to Jack Mintz .

We might wonder where this money is coming from. Earlier I had an opportunity to pose a point to a member and ask for his comment. It had to do with the difference between this tax and what happens when GST is charged on a product.

As most Canadians know, GST is only paid once, and that is by the end user or consumer. For any GST paid by a wholesaler there is an input tax credit, so in the case of the GST only the 5% is ultimately paid.

The provincial sale tax is different. At every level of motion through the economy until it gets to the consumer, provincial sales tax is charged; then it is added to the input costs of the next buyer, and then it is charged again, and it cascades. That cascading of the provincial sales tax is really where it is coming out.

Canadians in Ontario can look forward to tax cuts on their personal income tax effective January 1, 2010, as well as a credit of up to $1,000 to help with the transitioning. I hope they will have an opportunity to be well informed about the implications of this bill on the economy of Ontario.

Provincial Choice Tax Framework ActRoutine Proceedings

December 4th, 2009 / 12:05 p.m.
See context

Conservative

Jay Hill Conservative Prince George—Peace River, BC

moved for leave to introduce Bill C-62, An Act to amend the Excise Tax Act.

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