Bill C-4 (Historical)

Economic Action Plan 2013 Act No. 2

A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures

Part 1 implements certain income tax measures proposed in the March 21, 2013 budget. Most notably, it
(a) increases the lifetime capital gains exemption to $800,000 and indexes the new limit to inflation;
(b) streamlines the process for pension plan administrators to refund a contribution made to a Registered Pension Plan as a result of a reasonable error;
(c) extends the reassessment period for reportable tax avoidance transactions and tax shelters when information returns are not filed properly and on time;
(d) phases out the federal Labour-Sponsored Venture Capital Corporations tax credit;
(e) ensures that derivative transactions cannot be used to convert fully taxable ordinary income into capital gains taxed at a lower rate;
(f) ensures that the tax consequences of disposing of a property cannot be avoided by entering into transactions that are economically equivalent to a disposition of the property;
(g) ensures that the tax attributes of trusts cannot be inappropriately transferred among arm’s length persons;
(h) responds to the Sommerer decision to restore the intended tax treatment with respect to non-resident trusts;
(i) expands eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of biogas production equipment and equipment used to treat gases from waste;
(j) imposes a penalty in instances where information on tax preparers and billing arrangements is missing, incomplete or inaccurate on Scientific Research and Experimental Development tax incentive program claim forms;
(k) phases out the accelerated capital cost allowance for capital assets used in new mines and certain mine expansions, and reduces the deduction rate for pre-production mine development expenses;
(l) adjusts the five-year phase-out of the additional deduction for credit unions;
(m) eliminates unintended tax benefits in respect of two types of leveraged life insurance arrangements;
(n) clarifies the restricted farm loss rules and increases the restricted farm loss deduction limit;
(o) enhances corporate anti-loss trading rules to address planning that avoids those rules;
(p) extends, in certain circumstances, the reassessment period for taxpayers who have failed to correctly report income from a specified foreign property on their annual income tax return;
(q) extends the application of Canada’s thin capitalization rules to Canadian resident trusts and non-resident entities; and
(r) introduces new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion.
Part 1 also implements other selected income tax measures. Most notably, it
(a) implements measures announced on July 25, 2012, including measures that
(i) relate to the taxation of specified investment flow-through entities, real estate investment trusts and publicly-traded corporations, and
(ii) respond to the Lewin decision;
(b) implements measures announced on December 21, 2012, including measures that relate to
(i) the computation of adjusted taxable income for the purposes of the alternative minimum tax,
(ii) the prohibited investment and advantage rules for registered plans, and
(iii) the corporate reorganization rules; and
(c) clarifies that information may be provided to the Department of Employment and Social Development for a program for temporary foreign workers.
Part 2 implements certain goods and services tax and harmonized sales tax (GST/HST) measures proposed in the March 21, 2013 budget by
(a) introducing new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion; and
(b) clarifying that the GST/HST provision, exempting supplies by a public sector body (PSB) of a property or a service if all or substantially all of the supplies of the property or service by the PSB are made for free, does not apply to supplies of paid parking.
Part 3 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 3 amends the Employment Insurance Act to extend and expand a temporary measure to refund a portion of employer premiums for small businesses. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including setting the 2015 and 2016 rates and requiring that the rate be set on a seven-year break-even basis by the Canada Employment Insurance Commission beginning with the 2017 rate. The Division repeals the Canada Employment Insurance Financing Board Act and related provisions of other Acts. Lastly, it makes technical amendments to the Employment Insurance (Fishing) Regulations.
Division 2 of Part 3 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to remove the prohibition against federal and provincial Crown agents and federal and provincial government employees being directors of a federally regulated financial institution. It also amends the Office of the Superintendent of Financial Institutions Act and the Financial Consumer Agency of Canada Act to remove the obligation of certain persons to give the Minister of Finance notice of their intent to borrow money from a federally regulated financial institution or from a corporation that has deposit insurance under the Canada Deposit Insurance Corporation Act.
Division 3 of Part 3 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to clarify the rules for certain indirect acquisitions of foreign financial institutions.
Division 4 of Part 3 amends the Criminal Code to update the definition “passport” in subsection 57(5) and also amends the Department of Foreign Affairs, Trade and Development Act to update the reference to the Minister in paragraph 11(1)(a).
Division 5 of Part 3 amends the Canada Labour Code to amend the definition of “danger” in subsection 122(1), to modify the refusal to work process, to remove all references to health and safety officers and to confer on the Minister of Labour their powers, duties and functions. It also makes consequential amendments to the National Energy Board Act, the Hazardous Materials Information Review Act and the Non-smokers’ Health Act.
Division 6 of Part 3 amends the Department of Human Resources and Skills Development Act to change the name of the Department to the Department of Employment and Social Development and to reflect that name change in the title of that Act and of its responsible Minister. In addition, the Division amends Part 6 of that Act to extend that Minister’s powers with respect to certain Acts, programs and activities and to allow the Minister of Labour to administer or enforce electronically the Canada Labour Code. The Division also adds the title of a Minister to the Salaries Act. Finally, it makes consequential amendments to several other Acts to reflect the name change.
Division 7 of Part 3 authorizes Her Majesty in right of Canada to hold, dispose of or otherwise deal with the Dominion Coal Blocks in any manner.
Division 8 of Part 3 authorizes the amalgamation of four Crown corporations that own or operate international bridges and gives the resulting amalgamated corporation certain powers. It also makes consequential amendments and repeals certain Acts.
Division 9 of Part 3 amends the Financial Administration Act to provide that agent corporations designated by the Minister of Finance may, subject to any terms and conditions of the designation, pledge any securities or cash that they hold, or give deposits, as security for the payment or performance of obligations arising out of derivatives that they enter into or guarantee for the management of financial risks.
Division 10 of Part 3 amends the National Research Council Act to reduce the number of members of the National Research Council of Canada and to create the position of Chairperson of the Council.
Division 11 of Part 3 amends the Veterans Review and Appeal Board Act to reduce the permanent number of members of the Veterans Review and Appeal Board.
Division 12 of Part 3 amends the Canada Pension Plan Investment Board Act to allow for the appointment of up to three directors who are not residents of Canada.
Division 13 of Part 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to extend to the whole Act the protection for communications that are subject to solicitor-client privilege and to provide that information disclosed by the Financial Transactions and Reports Analysis Centre of Canada under subsection 65(1) of that Act may be used by a law enforcement agency referred to in that subsection only as evidence of a contravention of Part 1 of that Act.
Division 14 of Part 3 enacts the Mackenzie Gas Project Impacts Fund Act, which establishes the Mackenzie Gas Project Impacts Fund. The Division also repeals the Mackenzie Gas Project Impacts Act.
Division 15 of Part 3 amends the Conflict of Interest Act to allow the Governor in Council to designate a person or class of persons as public office holders and to designate a person who is a public office holder or a class of persons who are public office holders as reporting public office holders, for the purposes of that Act.
Division 16 of Part 3 amends the Immigration and Refugee Protection Act to establish a new regime that provides that a foreign national who wishes to apply for permanent residence as a member of a certain economic class may do so only if they have submitted an expression of interest to the Minister and have subsequently been issued an invitation to apply.
Division 17 of Part 3 modernizes the collective bargaining and recourse systems provided by the Public Service Labour Relations Act regime. It amends the dispute resolution process for collective bargaining by removing the choice of dispute resolution method and substituting conciliation, which involves the possibility of the use of a strike as the method by which the parties may resolve impasses. In those cases where 80% or more of the positions in a bargaining unit are considered necessary for providing an essential service, the dispute resolution mechanism is to be arbitration. The collective bargaining process is further streamlined through amendments to the provision dealing with essential services. The employer has the exclusive right to determine that a service is essential and the numbers of positions that will be required to provide that service. Bargaining agents are to be consulted as part of the essential services process. The collective bargaining process is also amended by extending the timeframe within which a notice to bargain collectively may be given before the expiry of a collective agreement or arbitral award.
In addition, the Division amends the factors that arbitration boards and public interest commissions must take into account when making awards or reports, respectively. It also amends the processes for the making of those awards and reports and removes the compensation analysis and research function from the mandate of the Public Service Labour Relations Board.
The Division streamlines the recourse process set out for grievances and complaints in Part 2 of the Public Service Labour Relations Act and for staffing complaints under the Public Service Employment Act.
The Division also establishes a single forum for employees to challenge decisions relating to discrimination in the public service. Grievances and complaints are to be heard by the Public Service Labour Relations Board under the grievance process set out in the Public Service Labour Relations Act. The process for the review of those grievances or complaints is to be the same as the one that currently exists under the Canadian Human Rights Act. However, grievances and complaints related specifically to staffing complaints are to be heard by the Public Service Staffing Tribunal. Grievances relating to discrimination are required to be submitted within one year or any longer period that the Public Service Labour Relations Board considers appropriate, to reflect what currently exists under the Canadian Human Rights Act.
Furthermore, the Division amends the grievance recourse process in several ways. With the sole exception of grievances relating to issues of discrimination, employees included in a bargaining unit may only present or refer an individual grievance to adjudication if they have the approval of and are represented by their bargaining agent. Also, the process as it relates to policy grievances is streamlined, including by defining more clearly an adjudicator’s remedial power when dealing with a policy grievance.
In addition, the Division provides for a clearer apportionment of the expenses of adjudication relating to the interpretation of a collective agreement. They are to be borne in equal parts by the employer and the bargaining agent. If a grievance relates to a deputy head’s direct authority, such as with respect to discipline, termination of employment or demotion, the expenses are to be borne in equal parts by the deputy head and the bargaining agent. The expenses of adjudication for employees who are not represented by a bargaining agent are to be borne by the Public Service Labour Relations Board.
Finally, the Division amends the recourse process for staffing complaints under the Public Service Employment Act by ensuring that the right to complain is triggered only in situations when more than one employee participates in an exercise to select employees that are to be laid off. And, candidates who are found not to meet the qualifications set by a deputy head may only complain with respect to their own assessment.
Division 18 of Part 3 establishes the Public Service Labour Relations and Employment Board to replace the Public Service Labour Relations Board and the Public Service Staffing Tribunal. The new Board will deal with matters that were previously dealt with by those former Boards under the Public Service Labour Relations Act and the Public Service Employment Act, respectively, which will permit proceedings under those Acts to be consolidated.
Division 19 of Part 3 adds declaratory provisions to the Supreme Court Act, respecting the criteria for appointing judges to the Supreme Court of Canada.

Economic Action Plan 2013 Act No. 2

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, I listened intently to the hon. member's comments on the budget. It is interesting to note that she really condemned our government for not having an economic action plan. However, somewhere along the line, she has absolutely failed to recognize that we have created over one million jobs since the end of the recession. It sounds to me like we are getting it done.

My question for the member is how a $21-billion carbon tax, installed by the NDP, would help the Canadian economy.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I thank my colleague for his question and his rapt attention during my remarks.

The Parliamentary Budget Officer estimates that the overall impact of budget 2012, the fiscal update in 2012, and budget 2013 will mean a loss of 67,000 jobs by the year 2017 and that there will be a reduction in GDP by almost two-thirds of a percentage point. I understand that he has some points that have been given to him to make, but we are falling behind other countries that are doing better on growth: the U.S., Scandinavian nations, Australia, and New Zealand, many of our trading partners.

The IMF has predicted that the Canadian economy will continue to be held back by high levels of household debt. Part of this is about the decline in middle-class jobs, growing inequality in the country, and the government's failure to create good jobs for Canadians so that they can get ahead and give their kids the best start possible.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member made reference to infrastructure. There is absolutely no doubt that investment in infrastructure throughout our country is absolutely essential. We need a commitment to it.

One of the things I have felt is often overlooked when we talk about infrastructure is our national housing stock and the importance of investing in rehabilitation assistance programs for improvements to our housing stock. Some of these programs date way back to the 1970s. It is, in fact, a part of our Canadian infrastructure and something we should be concerned about.

Would the member like to provide some thoughts as to how important it is at the government level that we are prepared to set priorities for investing in and improving our national housing stock?

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I thank my colleague for that serious question. In a country where the cost of housing is eating up a bigger share of the budgets of Canadians and where the issue of homelessness is still a massive problem for so many Canadians right across this country, it is shocking that the current government does not even mention housing and homelessness in this budget implementation act, Bill C-4. It is sad that there is so little action taking place on this pressing issue.

I understand the point the member is making. There is housing stock in co-op housing and elsewhere that is in need of investment for maintenance. There is nothing in this budget to provide for that. I am sorry also that in the 1990s, the Liberals cancelled the national housing strategy. That was a terrible blow to housing funding in this country.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I thank my colleague for a very good overview of this budget bill. All I can see here is a tax on Canadians: municipalities, veterans, civil servants, credit unions, scientists, and environmentalists. I can only assume that this is the government's new enemies list.

What concerns me most is how this budget bill would target Canadians in the workplace and change Canadians' absolute right to healthy and safe workplaces. Every April, I go to a day of mourning that recognizes the workers, the men and women, who have lost their lives in preventable situations, in situations where these tragedies should never have occurred. I wonder how putting this kind of change in a budget bill can possibly be good for Canadian families.

[Peggy Nash, NDP, Parkdale—High Park, ON]

I thank my colleague from London—Fanshawe for this question about occupational health and safety. I know her long-time and serious commitment to this issue. It is also an issue that so many of us have lived.

Working people know their own jobs best, and they know if they are working in a hazardous or risky situation. The rights working people have developed over the years to know about dangers in the workplace, to be informed, and to refuse unsafe work were hard fought for. Employers resisted them, but they have made our workplaces safer and healthier over the years. That the Conservatives would want to undermine the health and safety of Canadians in the workplace is unbelievable.

It makes no sense. It is not only dangerous for working people, it makes no business sense. It is bad for businesses. It is a bad direction the current government is taking our country.

[Bruce Hyer, Independent, Thunder Bay—Superior North, ON]

Mr. Speaker, here we go again. At over 300 pages, Bill C-4 is the latest in a long line of bloated Conservative omnibus bills.

Half of what is in this bill is totally unrelated to the budget. It contains important and worrisome changes to the Canada Labour Code, the National Research Council, the Veterans Review and Appeal Board, the immigration regime, the collective bargaining rights of public sector employees across Canada, and the Supreme Court Act.

In 1994, the leader of the opposition, the current Prime Minister, questioned how members could properly represent their constituents when forced to vote on omnibus budget bills.

Why does the hon. member think the Conservatives no longer recognize the undemocratic, anti-democratic nature of such omnibus bills?

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I suspect that there are members in the Conservative caucus who are also very uncomfortable with these omnibus budget bills.

Canadians know that this is not good process, that this is not how we should be making our laws. It is not good process to have a grab bag of issues and concerns from different caucus members thrown into one omnibus budget bill. There is no reason to do that, unless the Conservatives do not want democratic debate, do not want Canadians to know what they are doing, or are not proud of what they are doing. It is a sad state of our democracy that the government persists time and time again with omnibus budget bills. I hear about it at the doorstep when I talk to Canadians.

Part of this budget implementation bill would correct mistakes from previous budget implementation acts that were put through with way too much haste; for example, doubling the amount of tax that credit unions would pay vis-à-vis Canada's major banks. That was a change the government made in a previous omnibus budget implementation act.

It makes no sense. It is a bad way to do legislation.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I will be splitting my time today with my colleague and friend, the MP for Cape Breton—Canso.

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. member for Kings—Hants may know that this is the first round in speeches with respect to the bill that is before us.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I think you will find that there is unanimous consent.

[The Acting Speaker, Conservative, Bruce Stanton]

The hon. member is seeking unanimous consent of the House to split his time with the hon. member for Cape Breton—Canso. Does the hon. member for Kings—Hants have unanimous consent to proceed in this fashion?

[Some hon. members]

Agreed.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I would like to speak about this latest budget bill.

It is another omnibus budget bill. It is 308 pages in length, and there are 472 separate clauses, including amendments to the Supreme Court Act to ensure that Justice Nadon qualifies for the Supreme Court and to correct a mistake that the Conservatives seem to have made during the nomination process.

There is much in this bill that has absolutely nothing to do with the budget. The government is, in fact, proposing to overhaul labour relations with the public service, which is one of the reasons my friend and colleague, the member for Cape Breton—Canso, will be speaking to that issue today as the critic in areas of labour for the Liberal Party and its caucus.

Last night I saw a spectacle that I have not seen in almost 17 years in this place, which was that of a government that was incapable of organizing a budget briefing for members of Parliament. The budget briefing had to be called off because the government did not have its act together: it forgot to order translations for the meeting.

Sadly, it is part of a growing pattern of incompetence from the Conservative government and its finance minister. This is the finance minister who has added over $150 billion to our national debt with his reckless spending and his bad fiscal management.

Yesterday the finance minister was asked a very simple question. The throne speech told us recently that there would be balanced budget legislation forthcoming; the question to the minister yesterday was to help clarify what that balanced budget legislation would mean. The throne speech told us that the balanced budget legislation would “require balanced budgets during normal economic times”, and yesterday the minister was asked to define “normal economic times”. He responded that normal economic times are times when the government is not in deficit.

Today the minister seemed to confirm that his balanced budget legislation would only require balanced budgets when the budget is already balanced. It is no wonder that so many Canadians are losing faith both in this minister and in the Conservative government's management of the Canadian economy.

Now we have this budget bill, a bill that utterly fails to address the real concerns facing middle-class Canadian families. Either these failures are part of a systemic problem or else they speak to an effort of the government to distract Canadians from some of its recent scandals.

For instance, the government is picking a fight with the public service, a gratuitous fight at a time when we need to work with the public service to deliver better services for Canadians and better results for taxpayers. The Conservatives are picking this fight, and I believe that it is in fact to distract Canadians. This big fight with the public service is to distract Canadians from the government's growing list of scandals, the most recent of which is the Duffy-Wright-Prime Minister's Office scandal.

We all know that on June 5, the Prime Minister said in the House that Mr. Wright acted alone and that they were not only his decisions but that they were not communicated to the Prime Minister or to any members of his office. It has become very clear in recent days and weeks that this is not true.

On February 13, the Prime Minister defended Senator Pamela Wallin and said that her expenses were fine. He stood by her and her expenses. Now the government realizes it is mired in scandal and is trying to change the channel. That is why it is picking the fight with the public service union at this time.

In this budget bill, over 80 pages of the roughly 300 pages are devoted to overhauling relations with the public service. This is something that ought to have been achieved, if in fact there was a legitimate public policy issue, in a separate piece of legislation dealt with by the government operations committee, rather than by lumping it into a large omnibus budget bill to be dealt with by the finance committee.

The government is having trouble changing the channel away from scandals. It is trying to pick these fights, but the reality is that it cannot change the channel; the Prime Minister cannot even find the remote control. Perhaps Nigel Wright took the remote control with him when he left, along with all those files from the PMO.

Speaking of changing the channel, I have never seen a Speech from the Throne in which one of the principal focuses has been on the unbundling of cable TV channels. I do not think there is any country in the British commonwealth that has devoted so much ink in a throne speech to cable TV regulation. It is not part of any grand vision for the country that addresses the real economic challenges of Canadian families, and the fact is that middle-class families are feeling squeezed. They have record high levels of personal debt, they can barely make ends meet today when we have record low levels of interest rates, and they are petrified as to what will happen in the future as rates inevitably go up.

Middle-class Canadians have seen good-paying jobs replaced by part-time work, and for young Canadians there are still 224,000 fewer jobs today than before the downturn. The gap between Canada's youth unemployment and the so-called adult unemployment rate for people 25 years of age or older hit an all-time high this year. With the economy sputtering forward, our youth are being left behind, and this is not affecting just young Canadians: it is affecting their parents and, in many cases, their grandparents, who are footing the bills. According to TD Bank, more than half of baby-boom parents are providing financial support to adult children who are no longer in school and 43% have allowed their adult children to live at home rent-free for extended periods.

This is also contributing to higher household debt and lower retirement savings for parents.

It is time for the government to get serious about this issue and provide more support for young Canadians in need.

Helping adult children make ends meet is actually leading middle-class Canadian families into taking on a lot of additional debt and dipping into their retirement savings. It is also one of the reasons that Canadian parents 55 years or older are two and a half times more likely to refinance their mortgage if they have children than if they do not, and their average household debt is actually twice that of their childless peers. They are more likely to take on higher non-mortgage debt, such as higher credit card debt and lines of credit, which is one of the reasons non-mortgage debt in Canada continues to climb, with an average Canadian now owing over $27,000 in non-mortgage debt.

The Conservatives refuse to acknowledge these real financial pressures for young Canadians and their families, and instead of helping youth get meaningful work experience, they have actually cut the government's own summer jobs program by half. In their latest throne speech, more time was spent talking about finding the Franklin expedition than in helping Canadian youth find jobs. This is a government that is out of touch. It wants to make cable TV cheaper for Canadian youth, but it is doing nothing to help youth get away from the TV and into meaningful work opportunities.

The throne speech never once acknowledged the record level of high personal debt in Canada, and neither did this budget implementation bill. This bill does nothing to kick-start the Canadian economy for young Canadians and create jobs. It does nothing to help young Canadians and their struggling families and, consistent with the throne speech, it offers no real vision for the future.

Certainly some freezing of EI rates and keeping the small business tax credit in place helps, but it is nothing new and it is not good enough. Right now the economy is not growing. Just this morning the Bank of Canada slashed its growth forecast for the Canadian economy yet again. It says that the Canadian economy will not rebound to capacity until, at the very earliest, the end of 2015. The fact is that Canada has the worst record of economic growth under the current Prime Minister; R.B. Bennett was the second worst.

Right now there are too many young Canadians looking for work and there are too many middle-class Canadians struggling under crushing levels of personal debt, $1.65 for every $1 of annual income being the average. In fact, this bill would actually make things worse, for instance, for the mining sector, and changes to the labour-sponsored venture capital tax credit for investments in innovation in small business will make it harder for small businesses to attract investment and growth.

This budget actually corrects some mistakes made in the last budget implementation act. The last budget implementation act mistakenly doubled taxes on credit unions. Imagine. This budget implementation act corrects mistakes made in the last budget implementation act. One of the laws of unintended consequences of omnibus bills is that we see these mistakes made in the acts in the first place.

This tired, out-of-touch Conservative government, mired in scandal, devoid of vision, is offering nothing to help young Canadians and their struggling middle-class families. Canadians are tired of a government trying to change the channel. What they really want is to change the government. They want hope for a better future, pride in a stronger Canada and some positive vision and ideas for the future. That is what the Liberal Party and a future Liberal government is offering to Canadians.

[The Acting Speaker, Conservative, Bruce Stanton]

Before we begin the period of time for questions and comments, I would remind all members, particularly when we just have five minutes, to keep their interventions to no more than a minute so more members can participate.

Questions and comments, the hon. minister of state for foreign affairs.