Budget Implementation Act, 2018, No. 2

A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Bill Morneau  Liberal

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 implements certain income tax and related measures by
(a) introducing rules intended to provide greater certainty with respect to various tax consequences arising from certain foreign divisive reorganizations;
(b) ensuring that the existing cross-border anti-surplus stripping rule cannot be circumvented through transactions involving the use of partnerships or trusts;
(c) introducing rules to prevent misuse of the foreign accrual property income regime through the use of tracking interests involving foreign affiliates;
(d) ensuring consistency between the trading or dealing in indebtedness rules and the investment business rules within the foreign accrual property income regime;
(e) ensuring that the at-risk rules apply appropriately at each level of a tiered partnership structure;
(f) providing that the Minister of Public Safety and Emergency Preparedness can determine international operational missions for the purpose of the deduction available for income earned by members of the Canadian Forces or police officers on such missions;
(g) amending the synthetic equity arrangement rules and securities lending arrangement rules to prevent the artificial generation of losses through the use of equity-based financial instruments;
(h) ensuring that social assistance payments under certain programs do not preclude individuals from receiving the Canada Child Benefit;
(i) ensuring that an individual who is eligible to receive the Canada Workers Benefit can receive the benefit without having to claim it;
(j) introducing a refundable tax credit for the purposes of the climate action incentive;
(k) providing allocation rules for losses applied against Part IV taxes;
(l) preventing the creation of artificial losses on shares held as mark-to-market property by financial institutions;
(m) revising the rules relating to the non-partisan political activities of charities;
(n) ensuring that a taxpayer is subject to a three-year extended reassessment period in respect of any income, loss or other amount arising in connection with a foreign affiliate of the taxpayer;
(o) providing the Canada Revenue Agency with an extended reassessment period of an additional three years, to the extent that the reassessment relates to the adjustment of a loss carryback for transactions involving a taxpayer and non-resident non-arm’s length persons;
(p) extending the reassessment period of a taxpayer by the period of time during which a requirement for information or compliance order is contested;
(q) requiring that information returns in respect of a taxpayer’s foreign affiliates be filed within 10 months after the end of the taxpayer’s taxation year;
(r) enabling the disclosure of taxpayer and other confidential tax information to Canada’s bilateral mutual legal assistance treaty partners for the purposes of non-tax criminal investigations and prosecutions of certain serious crimes; and
(s) providing a deduction for employee contributions to the enhanced portion of the Quebec Pension Plan.
Part 1 also amends the Mutual Legal Assistance in Criminal Matters Act to, among other things, define the term “agreement” as applying, among other things, to tax information exchange agreements and tax treaties to which Canada is a party, and provide for orders to produce financial information for the purposes of investigation and prosecution of certain offences set out in subsection 462.‍48(1.‍1) of the Criminal Code. The enactment also amends paragraph 462.‍48(2)‍(c) of the Criminal Code to provide that information may also be gathered under Part IX of the Excise Tax Act and under the Excise Act, 2001.
Part 2 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by
(a) replacing the requirement that GST/HST be collected on a sale of carbon emission allowances with a requirement that the purchaser self-assess that GST/HST;
(b) extending the assessment period for group registered education savings plan trusts that make a special relieving election in respect of their past HST liability;
(c)  introducing GST/HST rules in respect of investment limited partnerships;
(d) clarifying the intended tax policy of excluding books that are sold by a public service body from the GST/HST rebate for printed books;
(e) introducing amendments similar to those to the Income Tax Act to extend the assessment period of a person by the period of time during which a requirement for information or compliance order is contested; and
(f)  introducing amendments similar to those to the Income Tax Act to enable the disclosure of confidential information to Canada’s bilateral mutual legal assistance treaty partners, or to Canadian police officers, for the purposes of non-tax criminal investigations and prosecution of certain serious crimes.
Part 3 implements certain excise measures by
(a) broadening the refund regime in respect of excise tax on diesel fuel to allow a vendor to apply for a refund where a purchaser will use excise tax-paid diesel fuel to generate electricity, if certain conditions are met;
(b) introducing an anti-avoidance excise measure relating to the taxation of cannabis in respect of the rules establishing the value of a cannabis product on which an ad valorem duty is calculated;
(c)  introducing amendments to the Air Travellers Security Charge Act and the Excise Act, 2001 that are similar to those to the Income Tax Act to extend the assessment period of a person by the period of time during which a requirement for information or compliance order is contested;
(d) introducing amendments to the Excise Act, 2001 that are similar to those to the Income Tax Act to enable the disclosure of confidential information to Canada’s bilateral mutual legal assistance treaty partners, or to Canadian police officers, for the purposes of non-tax criminal investigations and prosecution of certain serious crimes; and
(e) making housekeeping amendments to the Excise Act, 2001 in order to ensure consistency between the English and French version of the legislation.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Customs Tariff in order to simplify it and reduce the administrative burden for Canadian businesses and the Government of Canada by consolidating similar tariff items that have the same tariff rates and removing end-use provisions where appropriate. The amendments also clarify existing tariff provisions and make other technical amendments.
Division 2 of Part 4 amends the Canada Pension Plan to modify the calculation of the amount to be attributed for a year in which a contributor is a family allowance recipient and their first or second additional contributory period begins or ends.
Subdivision A of Division 3 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to, among other things,
(a) establish thresholds below which the acquisition of control of certain entities, or the acquisition or increase of a substantial investment in them, does not require the approval of the Superintendent of Financial Institutions;
(b) allow financial institutions to invest in the Canadian business growth fund; and
(c) ensure that customers can provide consent electronically to receive electronic documents.
It also corrects a reference to the Insurance Companies Act in the Budget Implementation Act, 2018, No. 1.
Subdivision B of Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things,
(a) make technical amendments to clarify the method of calculating insured deposits, to remove outdated references, to repeal certain provisions not yet in force and to clarify that withdrawals made following the amalgamation of two or more member institutions or the continuance as a federal credit union will be considered to be made from pre-existing deposits and that the separation of accounts following the amalgamation is limited to a period of two years;
(b) exclude amounts borrowed by the Canada Deposit Insurance Corporation under paragraph 60.‍2(2)‍(c) of the Financial Administration Act from the calculation of the Corporation’s total principal indebtedness; and
(c) clarify that the liquidator of a member institution of the Canada Deposit Insurance Corporation must not apply the law of set-off or compensation to a claim related to insured deposits.
It also repeals two sections of the Financial System Review Act.
Subdivision C of Division 3 of Part 4 amends the Office of the Superintendent of Financial Institutions Act, the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to, among other things, clarify that providing legally privileged information to the Superintendent of Financial Institutions does not constitute a waiver of the privilege.
Division 4 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to remove the right of persons to decide not to proceed further with importing or exporting currency or monetary instruments that are required to be reported.
Division 5 of Part 4 amends the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act to, among other things, allow for the application, within the offshore area, of the provincial greenhouse gas pricing regime and to confer powers and impose duties and functions on the Canada–Newfoundland and Labrador Offshore Petroleum Board for the application of that regime. It also amends the Greenhouse Gas Pollution Pricing Act to provide that the provincial regime does not apply if the offshore area is mentioned in Part 2 of Schedule 1 to that Act. Finally, it amends the Offshore Health and Safety Act to postpone the repeal of certain regulations.
Division 6 of Part 4 amends the Canada Business Corporations Act to set out criteria for identifying individuals with significant control over a corporation. The Division also sets out a requirement for a corporation that meets certain criteria to keep a register of individuals with significant control and requirements respecting the information to be recorded in it. Finally, the Division includes applicable offences and punishments.
Subdivision A of Division 7 of Part 4 amends the Patent Act in order to
(a) provide a regulation-making authority for the establishment of requirements for written demands relating to patents;
(b) specify that an act committed for the purpose of experimentation relating to the subject matter of a patent is not an infringement of the patent and that licencing commitments that bind the owner of a standard-essential patent or the holder of a certificate of supplementary protection that sets out such a patent bind any subsequent owners or holders;
(c) expand the rights of a person in respect of a claim in a patent who meets the requirements to be considered a prior user;
(d) ensure that patent prosecution histories may be admissible into evidence for certain purposes;
(e) clarify when a late fee must be paid in respect of divisional applications as well as when the confidentiality period begins in the case where a request for priority is deemed never to have been made.
Subdivision B of Division 7 of Part 4 amends the Trade-marks Act to, among other things,
(a) add bad faith as a ground of opposition to the registration of a trade-mark and for the invalidation of a trade-mark registration;
(b) prevent the owner of a registered trade-mark from obtaining relief for acts done contrary to section 19, 20 or 22 of that Act during the first three years after the trade-mark is registered unless the trade-mark was in use in Canada during that period or special circumstances exist that excuse the absence of use;
(c) clarify that the prohibitions in subparagraph 9(1)‍(n)‍(iii) and section 11 of that Act do not apply with respect to a badge, crest, emblem or mark that was the subject of a public notice of adoption and use as an official mark if the entity that made the request for the public notice is not a public authority or no longer exists; and
(d) modernize the conduct of various proceedings before the Registrar of Trade-marks, including by providing the Registrar with additional powers in such proceedings.
It also makes certain housekeeping amendments to provisions of the Trade-marks Act that are enacted by the Economic Action Plan 2014 Act, No. 1 and the Combating Counterfeit Products Act.
Subdivision C of Division 7 of Part 4 amends the Copyright Act in order to specify that certain information is not permitted to be included within a notice under the notice and notice regime and to provide for a regulation-making power to prohibit further types of information from being included within such a notice.
Subdivision D of Division 7 of Part 4 enacts the College of Patent Agents and Trade-mark Agents Act. That Act establishes the College of Patent Agents and Trade-mark Agents, which is to be responsible for the regulation of patent agents and trade-mark agents in the public interest. That Act, among other things,
(a) requires that individuals obtain a licence in order to act as patent agents or trade-mark agents and that licensees comply with a code of professional conduct;
(b) authorizes the College’s Investigations Committee to receive complaints and conduct investigations into whether a licensee has committed professional misconduct or was incompetent;
(c) authorizes the College’s Discipline Committee to impose disciplinary measures if it decides that a licensee has committed professional misconduct or was incompetent; and
(d) creates new offences of claiming to be a patent agent or trade-mark agent and unauthorized representation before the Patent Office or the Office of the Registrar of Trade-marks.
That Subdivision also makes consequential amendments to certain Acts.
Subdivision E of Division 7 of Part 4 amends the Bankruptcy and Insolvency Act to provide that intellectual property users may preserve their usage rights when intellectual property rights are sold or disposed of in an insolvency proceeding or when the agreement relating to such property rights is disclaimed or resiliated in such a proceeding. It also amends the Companies’ Creditors Arrangement Act to provide that intellectual property users may preserve their usage rights when intellectual property rights are sold or disposed of.
Subdivision F of Division 7 of Part 4 amends the Access to Information Act and the Privacy Act to provide that the head of a government institution may refuse to disclose, under either of those Acts, information that is subject to the privilege set out in section 16.‍1 of the Patent Act or section 51.‍13 of the Trade-marks Act. It makes a related amendment to the Pest Control Products Act.
Subdivision G of Division 7 of Part 4 amends the National Research Council Act to clarify that the National Research Council of Canada has the authority to dispose of all forms of intellectual property that it develops, including future rights to such property and to provide the Council with the authority to dispose of real, personal, movable and immovable property, complementing the current provision in the Act that allows it to acquire such property.
Subdivision H of Division 7 of Part 4 amends the Copyright Act in order to modernize the legislative framework relating to the Copyright Board so as to improve the timeliness and clarity of its proceedings and decision-making processes. More specifically, it repeals spent provisions and
(a) codifies the Board’s mandate and establishes decision-making criteria;
(b) establishes new timelines in respect of Board matters, including earlier filing dates for proposed tariffs and longer effective periods for approved tariffs, and empowers the Governor in Council to make additional timelines by regulation;
(c) formalizes case management of Board proceedings;
(d) reduces the number of matters that must be considered by the Board;
(e) streamlines procedural steps across different tariff contexts, maintaining differences between them only where necessary;
(f) amends relevant enforcement provisions, including the availability of statutory damages for certain parties in respect of Board-set royalty rates and enforcement of Board-set terms and conditions; and
(g) modernizes existing language and structure for greater clarity and consistency.
Division 8 of Part 4 amends the Employment Insurance Act to, among other things, increase the maximum number of weeks for which parental benefits may be paid if these benefits are divided between claimants. It also amends the Canada Labour Code to, among other things, increase the aggregate amount of leave that may be taken by employees under sections 206.‍1 and 206.‍2 if that leave is divided between employees.
Division 9 of Part 4 enacts the Canadian Gender Budgeting Act in order to state the Government’s policy of promoting gender equality and inclusiveness by taking gender and diversity into consideration in the budget process. It also establishes related reporting requirements.
Division 10 of Part 4 amends the Bank Act to strengthen provisions that apply to a bank or an authorized foreign bank in relation to the protection of customers and the public. It implements enhancements in the areas of corporate governance, responsible business conduct, disclosure and transparency, and redress. It also amends the Financial Consumer Agency of Canada Act to strengthen the mandate of the Financial Consumer Agency of Canada and grant additional powers to that Agency.
Division 11 of Part 4 amends the First Nations Land Management Act to give effect to amendments to the Framework Agreement on First Nation Land Management respecting, among other things, procedures for obtaining community approval of a land code, the lands to which a land code may apply, the addition of lands to First Nation land by order of the Minister and the transfer of capital moneys.
Division 12 of Part 4 amends the First Nations Fiscal Management Act to, among other things,
(a) enable more Aboriginal organizations and First Nations to benefit from the provisions of the Act in order to strengthen their financial management systems and give them access to long-term financing;
(b) address certain administrative issues identified by the bodies established under the Act; and
(c) provide another option for First Nations to access moneys held by Her Majesty for their use and benefit.
Division 13 of Part 4 amends the Export and Import Permits Act to give the Minister of Foreign Affairs the authority to issue an import allocation for goods that are included on the Import Control List under subsection 5(6) of that Act.
Division 14 of Part 4 enacts the Pay Equity Act to establish a proactive process for the achievement of pay equity by the redressing of the systemic gender-based discrimination experienced by employees who occupy positions in predominantly female job classes. The new Act requires federal public and private sector employers that have 10 or more employees to establish and maintain a pay equity plan within set time frames so as to identify and correct differences in compensation between predominantly female and predominantly male job classes for which the work performed is of equal value. The new Act provides for the powers, duties and functions of a Pay Equity Commissioner, which include facilitating the resolution of disputes, conducting compliance audits and investigating disputes, objections and complaints, as well as making orders and imposing administrative monetary penalties for violations of that Act. The new Act also requires the Pay Equity Commissioner to report annually to Parliament on the administration and enforcement of the new Act.
Division 14 also amends the Parliamentary Employment and Staff Relations Act to provide for the application of the Pay Equity Act to parliamentary employers with certain adaptations and without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses.
It also makes the Minister of Labour responsible for the administration of the Federal Contractors Program for Pay Equity.
Finally, it makes related and consequential amendments to certain Acts and repeals the section of the Budget Implementation Act, 2009 that enacts the Public Sector Equitable Compensation Act.
Subdivision A of Division 15 of Part 4 amends the Canada Labour Code to, among other things,
(a) provide five days of paid leave for victims of family violence, a personal leave of five days with three paid days, an unpaid leave for court or jury duty and a fourth week of annual vacation with pay for employees who have completed at least 10 consecutive years of employment;
(b) eliminate minimum length of service requirements for leaves and general holiday pay and reduce the length of service requirement for three weeks of vacation with pay;
(c) prohibit differences in rate of wages based on the employment status of employees;
(d) address continuity of employment issues when a work, undertaking or business becomes federally regulated or in cases of contract retendering; and
(e) update group and individual termination provisions by increasing the minimum notice of termination.
Subdivision B of Division 15 of Part 4 amends the Canada Labour Code to allow the Minister of Labour to designate a Head of Compliance and Enforcement who will exercise most of the powers and perform most of the duties and functions that are related to the administration and enforcement of Parts II, III and IV of the Code.
Division 16 of Part 4 amends the Wage Earner Protection Program Act to, among other things, increase the maximum amount that may be paid to an individual under the Act, expand the definition of eligible wages, expand the conditions under which a payment may be made under the Act and create additional requirements related to Her Majesty in right of Canada’s right of subrogation in respect of payments made under the Act.
Division 17 of Part 4 amends the Bretton Woods and Related Agreements Act, the European Bank for Reconstruction and Development Agreement Act and the Official Development Assistance Accountability Act to harmonize the periods within which the reports under those Acts must be laid before Parliament in order to better communicate Canada’s international development efforts. It also repeals the definition of “official development assistance” in the Official Development Assistance Accountability Act and confers the power to define this expression by regulation.
Division 17 also enacts the International Financial Assistance Act, which provides the Minister of Foreign Affairs and the Minister for International Development with powers, duties and functions to support the delivery of a sovereign loans program, an international assistance innovation program and a federal international assistance program that promotes the mitigation of or adaptation to climate change through repayable contributions.
Division 18 of Part 4 enacts the Department for Women and Gender Equality Act which, among other things, establishes the Department for Women and Gender Equality to assist the Minister responsible for that department in exercising or performing the Minister’s powers, duties and functions that extend to and include all matters relating to women and gender equality, including the advancement of equality in respect of sex, sexual orientation, or gender identity or expression and the promotion of a greater understanding of the intersection of sex and gender with other identity factors. It also contains transitional provisions. Finally, Division 18 makes consequential amendments to other Acts.
Division 19 of Part 4 enacts the Addition of Lands to Reserves and Reserve Creation Act which authorizes a Minister, designated by the Governor in Council, to set apart lands as reserves for the use and benefit of First Nations. The Division also repeals Part 2 of the Manitoba Claim Settlements Implementation Act and the Claim Settlements (Alberta and Saskatchewan) Implementation Act.
Division 20 of Part 4 amends section 715.‍42 of the Criminal Code to require the publication of any decision not to publish a remediation agreement or order related to that agreement and of any decision related to the review of such a decision, to specify that the court may make the first decision subject to a condition, including one related to the duration of non-publication, and to allow anyone to request a review of that decision.
Division 21 of Part 4 enacts the Poverty Reduction Act, which sets out two targets for poverty reduction in Canada.
Division 22 of Part 4 amends the Canada Shipping Act, 2001 to, among other things,
(a) authorize the Governor in Council to make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities;
(b) authorize the Minister of Transport to
(i) make an interim order to mitigate risks to marine safety or to the marine environment, and
(ii) exempt any person or vessel from the application of any provision of that Act or the regulations if doing so would allow the undertaking of research and development that may enhance marine safety or environmental protection;
(c) increase the maximum amount of an administrative penalty that the Governor in Council may fix by regulation;
(d) authorize the Minister of Fisheries and Oceans, pollution response officers and accompanying persons to enter private property in the case of a discharge of oil from a vessel or oil handling facility; and
(e) double the administration monetary penalties for certain violations.
Division 23 of Part 4 amends the Marine Liability Act to modernize the Ship-source Oil Pollution Fund, including, among other things,
(a) removing the Fund’s per-occurrence limit of liability;
(b) in the event that the Fund is depleted, authorizing the temporary transfer to the Fund of funds from the Consolidated Revenue Fund;
(c) modernizing the Fund’s levy so that the Fund is replenished by receivers and exporters of oil;
(d) ensuring that the Fund’s liability for claims for economic losses caused by oil pollution aligns with international conventions;
(e) providing that the Fund is liable for the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person in respect of preventive measures when the occurrence for which those costs and expenses were incurred has not yet created a grave and imminent threat of causing oil pollution damage;
(f) authorizing the provision of up-front emergency funding out of the Fund to the Minister of Fisheries and Oceans for significant oil pollution incidents;
(g) creating an expedited, simplified process for small claims to the Fund; and
(h) providing for administrative monetary penalties for contraventions of specified or designated provisions under that 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. 3, 2018 Passed 3rd reading and adoption of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Dec. 3, 2018 Passed 3rd reading and adoption of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Dec. 3, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (recommittal to a committee)
Nov. 27, 2018 Passed Concurrence at report stage of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Passed Time allocation for Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 6, 2018 Passed 2nd reading of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 6, 2018 Passed 2nd reading of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 6, 2018 Failed 2nd reading of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (reasoned amendment)
Nov. 6, 2018 Passed Time allocation for Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 3:55 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I am obviously not as familiar as my hon. colleague is with the ins and outs of the history of Haiti. I encourage her to open her iPad and go to Google Maps, where it is undeniable that the economies of the Dominican Republic and Haiti are different and one is more prosperous than the other. One can see the difference on the environment just by opening Google Maps.

The histories of the two places are dramatically different. I have an elementary understanding of it. The basic point is that one needs a strong economy that works in order to take care of one's environment. I say this because if we are to take care of the environment, we all need to co-operate. That is what it takes to make sure that the welfare of the animals living on the landscape continues to be taken care of, that there is a habitat for them, and that the natural resources are not just being plundered.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I particularly appreciate my Conservative colleague raising the issue of the rising liabilities from abandoned wells. We had 43 years of Conservative rule that essentially cared only for building an economy for the benefit of the oil industry, including small producers, many of whom then declared bankruptcy and landed this multi-billion liability on Albertans.

Could the member comment on whether he shares my concern that in this budget bill there was an opportunity to resolve this matter and change the priorities so that environmental reclamation would be given a higher priority in bankruptcy proceedings, rather than simply giving the money back to creditors, including banks?

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I am going to admit right off the top that I do not think the member and I would agree on a whole bunch of things, but this is one that we actually do agree on. The fact is that Conservatives have gone around the country and cleaned up a lot of major messes left through history. The issue of abandoned oil wells was something we were addressing already in 2015. We said that we had the expertise of those who had been laid off in Alberta and were now on EI, but who would like to be out there doing something. Perhaps there was a reclamation of some of the oil wells. However, most of the EI has dried up and these people have gone on to find other jobs around the world.

I was just talking with a friend of mine the other day and asked how business was. He works in the oil patch. He said they are doing business in every continent in the world, just not in northern Alberta. We have the expertise in Alberta to cap these wells and clean them up. I totally agree that it is something that needs a tangible environmental policy, which I could definitely get behind.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4 p.m.
See context

Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, I too listened to the member's speech and to the peculiar explanation of the physical conditions of Haiti compared with those in the Dominican Republic, and then heard the member opposite talk about that being a result of the Dominican Republic's economy and Haiti's inability to have positive environmental policies.

Is the member not aware of the earthquakes and hurricanes there, and of the deforestation caused by extreme poverty? Is he not aware of the historic realities Haiti has endured that have destroyed its capacity for independent economic development and left it a prisoner to international reparations for its act of freeing slaves through a rebellion 150 years ago? Is that not the reason Haiti's economy has found itself in the state it is in? It has nothing to do with the dictatorships that have developed the economy of the Dominican Republic.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4 p.m.
See context

Conservative

The Deputy Speaker Conservative Bruce Stanton

I think we are getting into a different subject matter. I appreciate that the hon. member for Peace River—Westlock did raise this comparison early on in his remarks. Therefore, we will certainly allow it. This is sometimes what happens when we get debate straying into another category. However, we will let the hon. member for Peace River—Westlock respond.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, my point still stands. The point is that the economy of Haiti is not as good as the economy of the Dominican Republic. How each of those countries got there is not the question. The question is this: What does the environment in each country look like? We can see it plain as day in Google Maps. That is what this is all about. This is not a judgment of how they got there or their history. It is the raw fact that it takes a good economy to take care of the environment.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:05 p.m.
See context

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, I thank you for the privilege to speak in the House today about the legislative reforms to intellectual property that accompany this particular piece of legislation.

I would note that I will be splitting my time with the member for Sackville—Preston—Chezzetcook this afternoon.

Our government unveiled Canada's first national IP strategy earlier this year, on April 26, World IP Day, after two years' worth of consultations. I know this is not exactly the most rivetting topic to consider this afternoon, but it is really important for businesses, and particularly businesses in Whitby. As a member of the INDU committee, the industry committee, I think it is really important to highlight some of these initiatives in the second BIA.

The objective of Canada's IP strategy is to help Canadian entrepreneurs better understand and protect intellectual property in order to strategically access and grow to scale. Business leaders from my riding of Whitby understand the importance of a strategy.

Jason Atkins, the CEO of 360insights, a great company in Whitby, has said that “IP is a critical component for businesses to scale, especially to a global level. If we want to create well-paid jobs in our country, we need to look at businesses with a global lens and leverage IP to compete globally.”

Also, Isaac Wanzama, founder and strategic senior strategist at geekspeak Commerce in Whitby, has said that “Intellectual property is the lifeblood of any innovation ecosystem, that is certainly true in Canada. As entrepreneurs, if we aren’t protecting the investments that we are make in our tech research, whether AI or genetics, then we’re not only doing a disservice to our businesses but to the Canadian economy as a whole. But, it’s not always that we don’t want to, often it’s because the process is difficult to understand and even if you can understand it, very expensive. Canada’s new IP Strategy, which aims to educate, simplify and reduce associated costs for startups and innovative businesses is a welcomed announcement.”

Innovative businesses in my riding are clearly excited about our government's plan. The IP strategy sets out to help businesses get the information and confidence they need to grow their businesses and take risks. It will help spur Canadian innovation and boost Canadian presence in the global marketplace through three key areas. It will increase IP literacy through IP awareness and educational programs, offer strategic IP tools for growth, and implement legislative amendments to strengthen Canada's IP system.

Today, I want to focus my remarks on the specific initiatives that will help improve IP awareness and education among Canadian businesses and innovators.

Along with a strong and effective IP framework in place, Canadian businesses must also, first and foremost, recognize and understand the importance of IP use in order to succeed in a global marketplace. They need to be able to understand how to protect their IP and use it effectively.

The statistics on Canadian businesses' IP awareness and use, particularly small and medium-sized businesses, are of concern. We know that small and medium-sized companies with IP in Canada are 64% more likely to be high growth companies and four times more likely to export, yet only 10% even hold some form of formal IP. Further, 83% of Canadian small and medium-sized businesses have indicated that IP was not relevant to their business when citing the reasons for not seeking IP rights. This is why, along with the other legislative changes we are bringing forward, we are also expanding our efforts in IP literacy.

The IP strategy is built on the Canadian Intellectual Property Office's IP awareness and education efforts that are already in place across the innovation ecosystem to ensure that innovators, entrepreneurs, businesses and creators recognize the value of IP.

The Canadian Intellectual Property Office, CIPO, will continue to build on current learning tools and resources, and also develop new educational resources to better equip innovators and businesses with the knowledge they need to succeed.

The CIPO has a team of IP advisers located across Canada who work directly with companies and innovators to deliver seminars and participate in innovation and business-related events, such as StartupCanada's Canadian export challenge.

Over the last year, the CIPO has delivered 150 seminars across the country, reaching over 1,900 participants through its IP awareness and education program.

The CIPO will be increasing the number of its initiatives over the next year, which will include hosting up to 60 seminars on advanced topics, such as IP commercialization and strategy and enforcement, and is increasing accessibility to these sessions by offering webcasts and developing e-learning modules.

Our government will also conduct a survey to better understand how Canadians understand and use IP, including groups that have been traditionally less likely to use IP, such as indigenous entrepreneurs and women. The results of the survey will help us meet the needs of under-represented groups and help ensure that our efforts to support innovation are inclusive of all parts of our society.

In addition to CIPO's outreach efforts to businesses, our government will create a new team of IP experts to ensure that IP is considered across federal government programs. Program officers will have access to expert knowledge and capacity to address IP issues and help guide recipients to improve their IP knowledge and savvy.

The IP strategy also sets out funding for IP legal clinics to help businesses understand their IP needs, facilitating access to IP professionals for advice, while also enabling students to learn more about intellectual property.

A strong and robust IP strategy is a key driver for getting companies to grow in scale, create better jobs and spur innovation. We must ensure that all the proper elements are in place for Canadian companies and innovators to grow and that they have an environment where they can innovate and develop.

This consists of an effective education and awareness program and strategic tools, which are necessary components to legislative amendments tabled in the budget implementation act. This will help Canada to become a more strategic user of intellectual property to fuel innovation and economic growth.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:10 p.m.
See context

NDP

Karine Trudel NDP Jonquière, QC

Mr. Speaker, the pay equity bill was introduced this week. We have been calling for that bill for several months now. There are even women's groups that have been calling for federal pay equity legislation for 42 years. I would remind hon. members that the Government of Quebec passed pay equity provisions 22 years ago.

However, this omnibus bill, Bill C-86, contains more than 850 pages. It is a very large bill and we have very little time to do a clause-by-clause review or a detailed study.

What does my colleague think of the fact that Canadian women who work in the federal government have to wait another four years before they can benefit from pay equity?

What does she think of the fact that are no concrete provisions to ensure that the bill goes forward and that businesses have the necessary means to implement the provisions?

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:10 p.m.
See context

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, I am proud of this government taking substantial action on pay equity. We have heard the Minister of Employment, Workforce Development and Labour speak about this issue. She has been having consultations across the country to ensure that we get this correct.

One dollar does not equal 88¢, and for equity-seeking groups, the disparity between men and women with respect to pay is much larger.

For over four decades, women have been waiting for this. We want to make sure that we get this right and have equal pay for equal work.

There are many pages in this BIA related to pay equity. I would invite my hon. colleague to look at them.

This is not about putting pay equity in place for the sake of doing it. It is about putting it in place to ensure that we get it right.

Women have waited a very long time. Equity-seeking groups have waited a long time to ensure that we have this. This government is moving on it and we are going to get it absolutely correct.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:15 p.m.
See context

Liberal

Kim Rudd Liberal Northumberland—Peterborough South, ON

Mr. Speaker, I very much enjoyed listening to my colleague's wonderful comments. As an entrepreneur and someone who knows about risk when going into business, it is heartwarming to hear the efforts that are being put into ensuring that as businesses start up and and grow, they will have these tools. One of the ways to mitigate risk is to make sure businesses understand that those opportunities and supports are available to them.

The strategy around IP is extremely important in the world we now operate in. I wonder if the member could expand a bit on what kind of game-changer this is for small and medium-sized businesses.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:15 p.m.
See context

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, we know that as businesses grow and start to scale up, it becomes very risky and very scary for them. Before getting into politics, I was an entrepreneur, so I share the concerns of my colleague on this.

The IP strategy we announced on World IP Day includes comprehensive education and awareness, so that as businesses look for ways to expand and export to new markets, they are aware of what is available to protect their intellectual property.

I quoted some businesses in my riding of Whitby. They understand that a strong IP strategy and a strong focus on IP can help companies not only grow but become great players in a global market. That is what this strategy would enable businesses across Canada, in Whitby and I am sure in Northumberland—Peterborough South to do.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:15 p.m.
See context

Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Mr. Speaker, it is a pleasure to stand in the House today to speak to Bill C-86, the budget implementation act, 2018, no. 2.

As members know, the riding of Sackville—Preston—Chezzetcook is on the outskirts of Halifax-Dartmouth. It is a community where we have young families, fishermen, the largest black cultural centre and many Acadians. It is a diverse community that I am very proud to represent.

When we talk about budget 2018 and previous budgets by our government, it is clear that the path we are on is to build a strong economy for all Canadians. In my speech today, I want to touch on three major areas in this budget implementation bill: what it means for families, what it means for our veterans, and women's potential economic benefit when they are much more involved in entrepreneurship and building strong companies.

I cannot go into the text before talking about how our economy is doing now.

After three years, we have seen the Canadian economy grow and continue to prosper. Over 600,000 new jobs have been created. It is a strong sign of our government moving in the right direction when people want to invest and when we are creating good jobs for the middle class.

As well, we should note that the unemployment rate in Canada has dropped from 7.2% to 5.7%. Yes, members heard me correctly. At 5.7%, it is the lowest unemployment rate in Canada in the last 40 years. It is very impressive.

I also want to talk about the Canada child benefit. This is an investment in Canadians and in Canadian families. It is an investment in young families, which is extremely important. The riding of Sackville—Preston—Chezzetcook is one riding out of 338 in Canada, and in my riding alone the families are receiving $5.2 million per month. That is $60 million per year in the riding of Sackville—Preston—Chezzetcook.

I am not the only lucky one, because all 338 members of Parliament have this Canada child benefit going to their constituents, which means anywhere between $40 million and $80 million invested in families in their ridings.

Speaking about families in this budget implementation bill, I want to talk about the EI parental benefit. That is a very important benefit that recognizes some of the challenges in life. It is creating more flexibility for Canadian families. If they split or share those benefits, we are adding five extra weeks of benefits.

As well, when talking about families, we have to talk about pharmacare. Our government is moving forward. We have established an advisory committee that will report shortly. We also had the permanent committee present its report on pharmacare. I believe we will see some positive news on pharmacare very soon.

We are also introducing, of course, the new Canada workers benefit. This new benefit will add 300,000 Canadians to the middle class. That means over two million Canadians will now have access to this benefit, which is very important. With BIA 2, we will ensure that these individuals do not have to apply; it will happen automatically, once again making life easier for Canadian families.

I also want to talk about some changes in the labour code that will provide five days of paid leave to victims of family violence employed by the public service, as well as five days of personal leave, three of which would be paid. Those are major changes that will make life better for Canadians.

Touching on veterans, this is a very important topic for me. My riding has the largest number of veterans and military per capita, with 23% being veterans. We have introduced the option of a pension for life. Veterans already have a lump-sum pension, which we had introduced, but now they will have the option of a pension for life.

Depending on their pain and suffering, veterans could have up to $1,150 a month. If they have additional pain and suffering, they could receive another $1,500 a month, or a salary replacement of up to 90%. That is what our government is doing to support our veterans and their families. I hear when I am travelling around my riding how important it is for veterans to have access to that.

I have to talk about the ID card for veterans and a story, believe it or not, that I still have trouble with. When veterans tell me this story, it is painful to hear: The former Harper government cut the ID card for veterans. If anyone can help me understand that, please do so, because that is amazing.

Our government has just introduced a new ID card. The new ID card will have a veteran's photo and rank on it, as well as his or her service record and service number. It will not only recognize veterans' service, their hard work and what they have done for Canadians, but it will also help them access programs and services, which is extremely important.

Talking now about women, we have invested in a new entrepreneurial strategy for supporting women in industry. We have invested $1.65 billion over three years for new financing opportunities for women in industry, and we have also invested $150 million through regional tailoring of the needs in rural communities across Canada.

Also, pay equity is included in this budget implementation bill. That is extremely important. When the opposition talks about the 400 pages, it is because 200 pages alone talk about pay equity and all the consultation we have done. Our government will bring legislation forward in the very near future in this area.

In closing, I want to say that the riding of Sackville—Preston—Chezzetcook and the province of Nova Scotia will greatly benefit by many of these investments.

However, talking about rural broadband, an Internet connection for rural communities is essential if we are going to allow those communities to prosper and grow.

We have seen also the investment in home care and mental health. Those are big investments that will help all Canadians, including Nova Scotians and of course the people in the riding of Sackville—Preston—Chezzetcook.

We also support families with challenges such as dementia and autism. We have seen some investment in those areas as well.

This is moving forward. This is a strong budget that we are implementing here. It is consistent with the other budgets that we brought forward and I am very pleased to be a member on this side of the House supporting Canadians, supporting the middle class, supporting veterans, supporting families, supporting youth and so on.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:25 p.m.
See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, there is a reason the member for Sackville—Preston—Chezzetcook is very excited about this government. I will remind this House and Canadians who are watching that it was his family who received a lucrative surf clam quota from the former fisheries minister. It was shameful, and it had to be reversed.

I will offer that it was not this government that introduced the veterans ID card. It was our hon. colleague, the former minister of veterans affairs, the member for Durham, who is sitting here and actually going to give a great speech. It is coming up, and I know he will have something to say about that.

Mr. Speaker, through you, I would like to ask our hon. colleague how he has any ability to stand in this House and trumpet the talking points of that, when he was shamefully part of one of the biggest clam scams in Canadian history.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:25 p.m.
See context

Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Mr. Speaker, I am not sure if my colleague really knows what a clam looks like, but it gives him something to talk about. It is too bad that his constituents do not have the opportunity to hear about other important issues for middle-class Canadians. He could be talking about the Canada child benefit and how much money families in his riding are receiving. Families in my riding of Sackville—Preston—Chezzetcook are benefiting by $5.2 million a month, $60 million a year.

The ID card was eliminated by the Harper government. It is sad. I do not understand it. Nor do Canadians and veterans understand it.

Budget Implementation Act, 2018, No. 2Government Orders

November 1st, 2018 / 4:25 p.m.
See context

NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, my colleague is aware of my concerns regarding the important role we must play to reduce poverty in Canada.

Despite the Canada child benefit, we still have 1.2 million poor children in Canada, and 38% of indigenous children are living in poverty. These statistics have not changed in 10 years.

Campaign 2000, which represents 100 national, provincial, and territorial organizations, finds that the government's objectives are not ambitious enough. The government wants to fix the situation by 2030, but these children are living in poverty right now. In 2030, they will no longer be children.

Unfortunately, we do not see any tangible measures in the budget implementation bill that would allow us to do more. The groups are saying that the bill falls short on ambition when it comes to meaningful action to reduce child poverty.

I would like to hear what my colleague has to say about that.