Sustaining Canada's Economic Recovery Act

A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

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.

Part 1 of this enactment implements a number of income tax measures proposed in the March 4, 2010 Budget. In particular it
(a) allows for the sharing of the Canada Child Tax Benefit, the Universal Child Care Benefit and the Goods and Services Tax/Harmonized Sales Tax credit for eligible shared custody parents;
(b) allows Registered Retirement Savings Plan proceeds to be transferred to a Registered Disability Savings Plan on a tax-deferred basis;
(c) implements disbursement quota reform for registered charities;
(d) better targets the tax incentives in place for employee stock options;
(e) expands the availability of accelerated capital cost allowance for clean energy generation;
(f) adjusts the capital cost allowance rate for television set-top boxes to better reflect the useful life of these assets;
(g) clarifies the definition of a principal-business corporation for the purposes of the rules relating to Canadian Renewable and Conservation Expenses;
(h) introduces amendments that are consequential to the introduction in 2011 of new International Financial Reporting Standards by the Accounting Standards Board; and
(i) amends the Canada Pension Plan, the Employment Insurance Act and the Income Tax Act to provide legislative authority for the Canada Revenue Agency to issue online notices if the taxpayer so requests.
Part 1 also implements income tax measures that were previously announced regarding:
(a) rules to facilitate the implementation of Employee Life and Health Trusts, released in draft form on February 26, 2010;
(b) indexing of the working income tax benefit announced in the 2009 Budget;
(c) technical changes concerning TFSAs announced on October 16, 2009; and
(d) an amendment to the rules regarding labour sponsored venture capital corporations that are consequential to the introduction of TFSAs.
Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001, the Excise Tax Act and the New Harmonized Value-added Tax System Regulations to provide legislative authority for the Canada Revenue Agency to issue online notices if the taxpayer so requests.
Part 2 also amends the Air Travellers Security Charge Act, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Brewery Departmental Regulations and the Brewery Regulations to allow certain small remitters to file and remit semi-annually rather than monthly.
Finally, Part 2 amends the Air Travellers Security Charge Act and the Excise Tax Act to extend the protection from civil liability claims that is already provided under the Income Tax Act and other federal statutes to agents of the Crown who collect the Goods and Services Tax/Harmonized Sales Tax and the air travellers security charge in intended compliance with their statutory obligations.
Part 3 amends the Federal-Provincial Fiscal Arrangements Act to facilitate the sharing of taxes under Part I.01 and Part X.5 of the Income Tax Act with provinces and territories.
Part 4 amends the Bank Act and the Financial Consumer Agency of Canada Act to require that banks belong to an approved external complaints body and to authorize the Governor in Council to prescribe the approval requirement for that body. The amendments also assign the responsibility for managing the approval process and supervising the approved external complaints bodies to the Financial Consumer Agency of Canada.
Part 5 amends the Canada Disability Savings Act to allow a 10-year carry forward of Canada Disability Savings Grant and Canada Disability Savings Bond entitlements.
Part 6 amends section 11.1 of the Customs Act to exempt from the User Fees Act fees that are charged for expedited border clearance programs and that are coordinated with international partners.
Part 7 amends the Federal-Provincial Fiscal Arrangements Act to implement the total transfer protection for 2010-11, to set out the treatment of the one-time transfer protection payment under the fiscal stabilization program, update legislative references made in the fiscal stabilization provisions and give greater clarity to the calculation of the fiscal stabilization payment.
Part 8 amends the Office of the Superintendent of Financial Institutions Act. In particular, the Act is amended to
(a) harmonize the assessment of costs associated with the administration of the Pension Benefits Standards Act, 1985 with the regime in place for the assessment of costs associated with the administration of laws governing financial institutions; and
(b) allow the Superintendent to remit assessments, interim assessments and penalties and to write off certain debts.
Part 9 amends the Pension Benefits Standards Act, 1985. In particular, the Act is amended to
(a) authorize the Minister of Finance to enter into an agreement with the provinces respecting pension plans that are subject to the pension legislation of more than one jurisdiction;
(b) authorize the Minister of Finance to designate an entity for the purposes of receiving, holding and disbursing the pension benefit credit of any person who cannot be located;
(c) permit information to be provided in electronic form, including information provided by the administrator of a pension plan to members or to the Superintendent;
(d) allow the administrator of a pension plan to offer investment options with respect to accounts maintained in respect of a defined contribution provision or accounts maintained for additional voluntary contributions;
(e) provide rules regarding negotiated contribution plans;
(f) require consent of a member’s spouse or common-law partner before the transfer of the member’s pension benefit credit to a retirement savings plan; and
(g) authorize the Superintendent to direct the administrator of a pension plan that is subject to the pension legislation of more than one jurisdiction to establish a separate pension plan for certain members, former members and survivors.

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. 7, 2010 Passed That the Bill be now read a third time and do pass.
Nov. 4, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:25 p.m.
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Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Madam Speaker, child care is very important, not only for all children but there are certain children who would have really benefited from the previous Liberal plan.

For example, autistic children, minority language children, new Canadian children and, in many cases, children in remote areas whose parents are not able to get child care because they get a $100 cheque taxable in the mailbox. That does not create child care. I am sure it is a program that families need but it does not promote early learning and child care.

If there is one thing Canada really needs to do to catch up with those in the world we consider competitors, the OECD nations, is we need to invest in quality early learning and child care.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:25 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am very pleased today to speak to Bill C-47, another of the budget implementation bills. In fact, the government wants to call it the Sustaining Canada's Economic Recovery Act.

Certainly that is the difficulty of the situation, because on a macro basis, on a global basis, we are looking at some countries in the world that are having much more difficult times than we are right now. We only have to look at Europe to see what is happening in the country of Iceland, which had to declare bankruptcy in the last two years, and in the countries of Ireland and Portugal. We have to feel sorry for some of the measures that are being taken over there right now, because a lot of the workers in those countries are suffering a lot because of the restraint measures that are being forced upon them by the IMF.

We have not yet had to deal with that situation here, but our economic situation is much, much different in the sense that we are very tied to the American economy. As a matter of fact, it is only in very recent months, and I am not even certain whether we are past that point yet, that there is a recognition that there is $1.3 trillion in commercial loans coming due in the United States. In the spring, there was a freeze in credit for small business. Banks were classifying commercial loans as risky, so they were very conservative in their lending policies. Manufacturers were having difficulty getting lines of credit.

In 2008, the 400 largest U.S. contractors were doing 80% of their business in the private sector. Now, two years later, the 400 largest U.S. contractors are doing 80% of their work in the public sector, which will be running out, both in the United States and in Canada, over the next few months. The concern will be what will happen when the stimulus packages in both countries run out, what will happen with the unemployment rate. There should potentially be a rise in unemployment and the problems that will come with that.

The recovery is tentative at this point and there is enough concern to be passed around. The question is, how is the government responding to this situation and is it responding correctly? We would argue in our party that its priorities are somewhat displaced.

For example, we only have to look to Germany where Hermann Scheer, a German green politician, has been the catalyst, has been instrumental in propelling Germany into the future with green energy development. A number of examples have been covered in the press over the last year of the great advancements that have been made in Germany in terms of green energy development.

Here in Canada, we have a much more tentative approach to that. There was a company in Canada that was making solar panels. I believe it was called ARISE Technologies, based in Waterloo. The owner of the company, Ian MacLellan, was not receiving much encouragement in Canada, so he responded to the German government's offer to build a plant in East Germany. At this point, his plant cannot produce enough solar panels for the German market. I believe it is several years behind in its production. It is expanding so quickly, and I believe they are building more than one plant there to keep up with the demand. This is yet another opportunity lost, because now Germany has an advantage over Canada and will only increase that advantage over time.

In Canada, the discussion over the east-west power grid has been raging now for probably 20 years, or maybe even longer. The concept is to build an east-west power grid so that we can transfer clean hydroelectric power from Manitoba, for example, which has only developed 50% of its hydroelectric capacity. Rather than sending that power to the United States, as is the case now because all the lines are running north-south, we want to be able to send it east-west so that we can help Ontario stop using its coal-fired plants and prevent the need for nuclear power plants to be developed in the next few years.

Once again, where is the initiative on the part of the federal government? Ten of the 14 members of Parliament in Manitoba are Conservatives. In fact, only one of them has spoken on this issue over the last year. The Minister of State (Democratic Reform) has spoken about this issue. Saskatchewan has 14 out of 14 Conservative members. The question is where they are on this issue. The 14 members in Saskatchewan and 10 members in Manitoba should be leading the charge to try to force the government to put a plan together so that an east-west power grid can be developed.

It is their predecessor, John A. Macdonald, who had a national dream for this country. The national dream was to build a railway from east to west uniting the country, as opposed to developing it on a north-south basis. In fact, if the railway had not developed, the Americans would have probably taken over the parts of the country that we now know as Canada.

If we fast forward to where we are now, where is that Conservative vision of John A. Macdonald? The government still follows the ideology that whatever the economics dictate, whatever is the cheapest and fastest, is what it is going to do, and if it means building all the pipelines and hydro transmission lines north-south, then so be it and forget about looking at a common national vision of an east-west power grid.

An east-west power grid would provide a lot of jobs in the economy that are certainly going to be needed after the stimulus package money runs out. I still hold out hope that the members in the Manitoba and Saskatchewan Conservative caucuses will actually get motivated to come onboard with this idea and push it along a little further.

We look to wind power as a good example of an activity that should be encouraged, but where are the initiatives for wind power by the government? I remember 20 years ago, in 1992, in Pincher Creek, Alberta there was a lot of development of wind turbines in that area. As a matter of fact, I went out to look at them at one time. Of course, today the wind turbines and their technology have changed. If one were to go there, it would seem almost like a museum, because one sees the little turbines from 1992 and then the progression to the huge turbines now.

Canada, once again, has squandered an opportunity at economic development, because there are a lot of jobs to be had in the manufacture of the turbines. We have seen that industry grow in Scandinavian countries. The companies that make the turbines are from Scandinavian countries such as Denmark and have only gotten bigger and better with time. We have looked at the construction of wind turbines, but to no avail.

We have looked into it in Manitoba. We are at the point where it just did not proceed, for one reason or another.

As a matter of fact, North Dakota and South Dakota have manufacturing set up there.

We are once again playing catch-up. We are not really even in the game. We had wind farm developments in Saskatchewan, at Gull Lake. There was 99 megawatts of power at Gull Lake. That was about 10 years ago or so. However, since then, we have seen the focus change to other parts of the country, and other parts of the country are taking up some of the slack in this area. That is another very big area that the government should be concentrating on.

What is the government's vision? The government's vision does not seem to be in these areas at all. As matter of fact, its answer so far for economic development seems to be developing more prisons. It has announced $9 billion for the expansion of our prison system.

As a matter of fact, in this bill the government has suggested that it is going to crack down on the TFSA program, the tax-free savings accounts that were set up in the last couple of years. Evidently a problem has developed where a number of organized individuals, I think higher-income individuals would be more to the truth, have been overcontributing to the TFSA program. The government, rightly so, is cracking down in that area. However, when will it be cracking down on all the people who are investing in tax havens?

Only last year we had a situation where an employee of a bank in Liechtenstein left that bank with computer diskettes. He actually sold the information on the diskettes to the German government. As a result, the German government has recovered quite a huge amount of back taxes from the people who were investing in the tax havens. Out of that, 100 names were given to Revenue Canada. We have yet to hear whether Revenue Canada has collected any back taxes from these people.

We know Revenue Canada offers an amnesty to people. The question is whether these 100 people whose names were turned over by the authorities were given amnesty. For all we know, Revenue Canada let them off with just paying whatever taxes they owed and the amnesty was applied to them too.

Just in the last few weeks there was another example of an employee from, in this case, a Swiss bank, who made off with I think it was 4,500 names on diskettes and turned them over to the French government. Out of that, Revenue Canada got its hands on the names of another 1,800 Canadians who are investing in tax havens. Once again I would like to know what the government is doing to track these people down. Is it going to offer them amnesty to get them to file their up-to-date returns, or is it going to actually charge them for tax evasion, which is the proper way to proceed in this case?

We are getting no follow-up from the government as to the situation with uncollected taxes. Out of all the people who are putting money into tax havens in Liechtenstein, Switzerland, Panama and other countries, there are probably thousands of Canadians in those situations and the government does not seem to be too concerned about catching them. If the government can catch these people and collect a half billion dollars here or a half a billion dollars there of taxes owed, it would help a lot in terms of balancing the books here in Canada and paying for the roads and hospitals that we need.

Where is the interest? We have such lax laws in Canada for white collar crime. It is absolutely laughable. This is from a government that talks about being tough on crime.

This is the record of the tough on crime government on white collar crime. Over the last few years, the United States has successfully prosecuted, convicted and imprisoned 1,200 white collar criminals, including Conrad Black who committed his crimes in Canada. The record of the tough on crime Conservative government is two convictions against the same guy. The government does not have to pay $9 billion for prisons to house one person.

These are examples of the mixed messages we get from the government. On the very day the story broke in the Globe and Mail, in the Greg McArthur article regarding the 1,800 Canadians, the Prime Minister was being questioned in the House about that very issue. On that very day, the government's bill on the order paper for debate was a free trade deal with Panama.

In the case of Panama, we have 350,000 foreign companies hiding money there because it is a tax haven. The Panamanian government is making little, if any, effort to share the tax information.

As a precursor to signing on to these agreements, one would think the government would use some common sense and require that the Panamanian government sign on and honour the OECD rules and protocols on sharing tax information, not go ahead and reward it with a free trade deal. That is the backwards approach of the government.

In addition to regular companies doing business in Panama and hiding their money there, we have Mexican drug cartels laundering money through the Panamanian system. The government is only too willing to ignore that. It forgets the fact that Manuel Noriega, the former president of Panama, is doing time in a Florida jail because the Americans captured him for aiding and abetting money launderers.

Clearly the government has a very questionable set of priorities when it comes to dealing with economic development in our country.

One of the members opposite introduced a bill earlier this year to support a national hunting day, which is a great idea, and we supported the bill. In fact, Manitoba passed a similar bill just two years ago. I was at its annual meeting a couple of weeks ago. One of the reasons given for introducing the bill in the House was to encourage American tourism, to encourage Americans to come to Canada to hunt and fish and to help our economy.

The recognition by the Conservative member was that tourism was down. Partly as a result of my talks with him in the spring, and support in speaking to his bill, I was able to introduce a resolution to a legislators conference this summer, one I have been at now four or five years. This group includes 11 border states, from Illinois to North Dakota, and 3 provinces, Ontario, Manitoba and Saskatchewan. I think Alberta is on the verge of joining that organization.

The legislators meet every summer. There is a western conference and a southern conference as well, but this is the Midwestern legislators conference. This group has met now for 65 years. At that conference, I was able to introduce a resolution, which they passed unanimously. I will not read the resolution at this time, but I will if I get asked about it in a question.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:45 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Madam Speaker, so the hon. member can finish his resolution, I will pare down my question as much as I can.

I want to paint a scenario about what is happening now with the economic action plan. My home community is for the most part rural. A town in that community wanted to fix its hockey arena for the coming year. It wanted to delay the fixing of the boards around the rink because it had used some of the money from the RInC program, the recreational infrastructure for communities. It wanted the delay it so the kids could play hockey right now. Unfortunately, because of the deadline of March 31, the kids will be unable hockey this winter.

Could the member comment on that narrative and on how these deadlines are perhaps a little too stringent? Perhaps he would like to finish his resolution as well.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:45 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, clearly the government has to apply a certain measure of common sense, which is sometimes lacking over there. Perhaps the member will see, as the deadline approaches, some extensions given on some of these projects, whether the government does it on its own or is forced to do it.

I want to finish the resolution that the legislative conference in the United States, the 11 border states and 3 provinces, passed. It states:

RESOLVED, that the...Conference calls on President Barack Obama and [the] Prime Minister...to immediately examine a reduced fee for passports to facilitate cross-border tourism;

...we encourage the governments to examine the idea of a limited time two-for-one passport renewal or new application...

Half of Canadians have passports and one-quarter of Americans have passports. When it comes to multi-member families, the fees can be around $500 for passports, which is quite high, for Americans to come to Canada.

I believe letters have already gone to the President and the Prime Minister. We expect action in the future, starting negotiations on some sort of a reduction in passport fees for people on both sides of the border.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:50 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I listened with great interest to my hon. colleague. He is pointing out what I think many Canadians are beginning to realize. When it comes to economic policy, the Conservative government and its finance minister are like the little old man in The Wizard of Oz. They throw around a lot of fear about coalitions, prisons and Russians flying by. Yet when we get behind the curtain, we see this ideological bitter little man with no vision. What we also see, when we start to look at the numbers, is how wasteful the Conservative government is and how much money it is blowing.

For example, the present industry minister racked up a lot of the $1 billion. He put in a fake lake in Toronto and drained a real lake in Muskoka. He shut down real lighthouses in the Maritimes and put a lighthouse in land-locked Muskoka. He even put heated sheets in the arena for his constituents.

The government uses federal dollars to heat the derrieres of Conservative voters, yet it tells our senior citizens in northern Ontario that the cupboard is bare, but this is not fiscal prudence.

What does the hon. member think about the derrieres of Muskoka Conservatives being warmed, while my senior citizens are living in the cold this winter because they are paying the HST?

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:50 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, that would be a great question for question period. I would love to hear it again.

The fact is the government favours private businesses. We have seen it with the corporate tax cuts. In 2009 the banks made a profit of $15 billion. I think people would be shocked if they knew how much the CEOs of these banks made. For example, the CEO of CIBC, Gerald McCaughey, made $6.2 million in a year. This is in a recession when people have lost their jobs and there have been cutbacks. This is the kind of money the CEOs are making.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:50 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Madam Speaker, I have two questions on the member's rare intervention in Parliament. They are related to the power.

First, he talked about the north-south and east-west grids. I agree with him in a lot of cases, but in our particular case in Yukon, the north-south grid is not completed yet. We would love federal government support to increase the B.C. grid north so it would join the Yukon grid and perhaps one day join the Alaska grid. It is the same with the Internet. We have been cut off a number of times in the last few weeks because there is only one access. If the pipeline for the Internet could be extended to join the Alaska grid, that would give us some redundancy. Could he comment on that?

Second is the issue of wind energy, which the member brought up. In the north we need an extra subsidy for wind energy. It used to be a great program at 1¢ per kilowatt hour. It was all used by southern Canada, because 1¢, when energy is 8¢, is a big proportion. However, in the north, if energy is 40¢, 50¢ or 60¢ per kilowatt hour, 1¢ does not mean anything. When we asked the government to increase the subsidy, it cancelled the entire wind energy program.

Would the member agree to support me in the campaign I have had for the last couple of years, of trying to have a special wind energy program in the north with a larger subsidy than in the south? In fact, that would apply to all renewable energies because the cost is higher in the north.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:50 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the member raises a very good point. With regard to the east-west power grid, voters in Manitoba and Saskatchewan wonder why they supported Conservatives. In Saskatchewan they voted for 14 out of 14. In Manitoba they voted for 10 out of 14, and only one, the Minister of State for Democratic Reform, even brings up the idea with his caucus that we should have an east-west power grid. That is not very good service from those members.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Madam Speaker, I rise on a point of order. I do not want to interrupt my hon. colleague's dissertation, but I know he is a stickler for accuracy and he is wrong. In Saskatchewan we only have 13 out of 14. We are working on the 14th—

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please. That is clearly a matter of debate.

Questions and comments, the hon. member for Thunder Bay--Rainy River.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Madam Speaker, Bill C-9 is a very interesting bill in that there are some things in it that the government says it never does. Specifically I am talking about raising taxes.

I will not ask my friend from Winnipeg about raising the export tax on softwood lumber products by 10%. We will not count that as a tax. We have talked many times in the House about the HST and the government contribution to it.

However, let me ask about a tax in the bill about which my colleague knows quite a bit. I am talking about the airline tax that increases, by 50%, the security fees paid for in flights. Could he comment on that?

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, this is just one of many measures that the government put into the 880-page omnibus bill it brought in with its budget. It brought in the issue of post office remailers, which have absolutely nothing to do with the budget. This is just another example of the government adding on different charges.

In terms of the taxation on air tickets, Canadian airlines already had a competitive disadvantage to American airlines because our airline taxes were higher in Canada than in the states in the first place. The government has now raised them another 50% to make them even higher than the American—

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Resuming debate, the hon. member Scarborough Centre. I can see by the clock that he can begin his comments but I will have to interrupt him.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.
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Liberal

John Cannis Liberal Scarborough Centre, ON

Madam Speaker, when I get up again after question period, I will pick up on where the member left off. The Conservatives talk about raising taxes. On EI, for example, they say they will not raise the premium a certain amount, but then turn around and raise it less than that amount. That is the same as a store that offers a special 50% discount, but it jacks up the price by 100% and then lowers it by 50%, and says that it is giving a 50% discount. That is what the Conservatives did with EI. Later on I will point out what they have done. The Conservatives have tried to pass it on to Canadians as a tax break, but in essence it is a tax hike.

We cannot support these initiatives. It boils down to a matter of trust. We simply cannot trust what the government says. The Conservatives say one thing but do another. For example, the Prime Minister promised in writing not to tax income trusts. He used that in his campaign. One of the first things he did when elected to office was to renege on that promise. I cannot use the word “lie” because that is unparliamentary language, but I can use the word “renege”. He reneged on his agreement. It boils down to a matter of trust.

With respect to EI premiums, I have a quote from the finance minister who said, “It's one of those job-killing taxes, a direct tax on employers and employees”.

Sustaining Canada's Economic Recovery ActGovernment Orders

October 7th, 2010 / 1:55 p.m.
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An hon. member

Who said that?