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

November 28th, 2018 / 3:55 p.m.
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Professor Jeremy de Beer Professor of Law, Faculty of Law, University of Ottawa, As an Individual

Thank you very much, Mr. Chair and committee members.

My name is Jeremy de Beer. I'm a law professor at the University of Ottawa and a member of the Centre for Law, Technology and Society, but I'm appearing here in my individual capacity.

I offer this committee only my own views, but based on my experience as a former legal counsel to the Copyright Board of Canada and adviser to the Copyright Board of Canada, as well as to collecting societies, user groups, government departments and international organizations. For over 15 years I've designed and taught courses on copyright, argued a dozen cases on copyright and digital policy before the Supreme Court, and published extensively in this field.

I'd like to specifically mention just two of my recent articles commissioned by the Government of Canada. One was a widely cited empirical study on the Copyright Board's tariff-setting process, which I did for the Departments of Canadian Heritage and what is now Innovation, Science and Economic Development Canada. The other was a thorough review for ISED on methods and conclusions from evidence-based policy-making. I cite these studies to emphasize that my views aren't based on the special interests of certain industries or mere speculation, but on rigorous research that I hope will help this committee make some well-informed decisions.

It’s my third appearance in about a week before a parliamentary committee. Last week my testimony to the Senate's Standing Committee on Banking, Trade, and Commerce focused on proposed reforms in Bill C-86, the budget implementation act, to the Copyright Board and the collective administration of copyright. Yesterday, I testified to the Standing Committee on Canadian Heritage for its study on remuneration models for artists and creative industries, which will feed into this committee's review of the Copyright Act.

I won't repeat that testimony, but I would like to highlight the most important points. First, as I told the banking committee, the resources and proposed reforms to the board and collecting societies are on the whole good, but there remains some important work for this committee to do on a policy level. To the heritage committee, I made the point that if artists have remuneration problems, the root cause may not be copyright at all, but rather power imbalances and unfair contracts with publishers, record labels and other intermediaries. I said that if the government wants to expand anyone’s rights, it could start by recognizing and affirming that copyright doesn't derogate from indigenous people's rights over knowledge and culture.

I think most importantly that whatever the heritage committee and this committee recommends must take account of the dramatic extension of copyright protection in Canada’s most recent trade deal with the United States and Mexico, the USMCA.

With that, let me turn to the statutory review of the Copyright Act that this committee is mandated to do. You do not have an easy task. I've seen the 100 briefs already submitted, and the list of 182, and counting, witnesses you’ve heard from. Here's what I take from all of that. It's much too soon since the last round of amendments to consider any major overhaul of Canadian copyright law. In my view, the most important recommendation this committee can make is to get off the hamster wheel of perpetual copyright reform. lt's not just pointless. It's counterproductive to reopen the act every five years, as section 92 currently requires. Just looking at the list of special interest groups coming to you cap in hand makes one’s head spin.

The act was modernized. That was the word, it was the “modernization” act in 2012. Before that there was a massive expansion of copyright in 1997, and before that in 1989. How can anyone credibly claim to have evidence on whether the last batch of reforms is working or not? How can anyone say with a straight face that the act is already out of date again? These frequent reviews aren't free. There are cash expenses, there are opportunity costs, you could be focusing on other things, and most importantly, there are big policy risks.

To be clear, I'm not suggesting that copyright is unimportant. To the contrary, it's a crucial issue. My point is that we need, and we have, technologically neutral principles, and we need the time to properly implement and interpret, in practice and by the courts, and then consider the principles before giving lobbyists another kick at the can.

When it is seen in that light, I think it becomes easier to discount a lot of the rhetoric and the recommendations around—to list just a few examples—statutory damages to coerce educational institutions into buying licences they may not need or want, website-blocking schemes or special injunctions to give copyright owners more procedural powers than other plaintiffs have, iPod or Internet taxes or other cross-subsidies, and on and on and on.

That said, there's one very recent game-changer that I think this committee should consider, and that's the dramatic expansion of copyright required by the USMCA. The USMCA will give copyright owners an additional two full decades of monopoly. Copyright in Canada will soon last for the life of an author plus 70 years. On average, if you look at life expectancy, that's 150 years—a century and a half—that we have to wait to freely build on and embellish works in the public domain.

I understand why we did that. I'm a pragmatist. If that's what it took to salvage free trade in North America, all right. However, what it means is that Canada has now aligned the term of protection of copyright with that in the United States but not the safety valves, like fair use, that are so crucial for driving innovation. Without counterbalancing measures to align Canadian and American copyright flexibilities, Canadian innovators would be at a huge disadvantage.

In light of the time, let me conclude with my general point on this. For the theory of free trade in copyright-protected works to function in practice, both the floor and the ceiling of protection have to be harmonized. We can't take just the bad of American law without taking the good, so my recommendation above all for this committee is to ensure that in any measures it takes, it consider the changes that USMCA will bring in its report.

Thank you very much.

Business of the HousePrivate Members' Business

November 27th, 2018 / 7:25 p.m.
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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I rise on a point of order. There have been discussions among the parties and if you seek it, I think you will find unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practice of the House: (a) any recorded division requested in relation to the third reading stage of Bill C-75, an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments to other acts, or the third reading 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, be deferred until Monday, December 3, 2018, at the ordinary hour of daily adjournment; and (b) at the expiry of the time provided for Oral Questions on Thursday, November 29, 2018, the House revert back to the rubric “Motions” for the purpose of considering a motion to concur in the 66th report of the Standing Committee on Procedure and House Affairs.

Criminal CodePrivate Members' Business

November 27th, 2018 / 7:15 p.m.
See context

Liberal

Bardish Chagger Liberal Waterloo, ON

Mr. Speaker, there have been discussions among the parties, and if you seek it, I think you will find unanimous consent for the following motion: That, notwithstanding any Standing Order or usual practice of the House: (a) any recorded division requested in relation to the third reading stage of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, or the third reading 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, be deferred until Monday, December 3, 2018, at the ordinary hour of daily adjournment; and (b) at the expiry of the time provided for oral questions on Thursday, November 29, 2018, the House revert back to the rubric “Motions” for the purpose of considering a motion to concur in the 66th Report of the Standing Order Committee on Procedure and House Affairs.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 5:30 p.m.
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Liberal

Eva Nassif Liberal Vimy, QC

Mr. Speaker, I am pleased to speak today on the topic of Bill C-86.

As the member for Vimy and a member of the Standing Committee on the Status of Women, I am proud of our government’s accomplishments and their impact on the lives of middle-class Canadians in my riding and across the country.

We continue to implement policies to benefit the middle class and all those who are working hard to join it. We believe in the importance of investing in all Canadians. Our economy is strong and in full expansion, and middle-class Canadians are enjoying the direct and concrete benefits of our plan’s effectiveness.

The number of employed Canadians is on the rise; the unemployment rate has reached its lowest level in 40 years; we have seen the strongest economic growth of all the G7 nations; salaries are increasing; consumer and business confidence is on the rise; and businesses are investing because they believe in our plan, which promotes sustainable growth.

A year from now in 2019, a typical middle-class family of four will be taking home $2,000 more. Thanks to the Canada child benefit, 300,000 children will be lifted out of poverty. Nine out of 10 families receive this benefit, which, in my riding alone, has helped more than 19,000 children.

Thanks to programs such as the Canada child benefit and the national housing strategy, we have improved Canadians’ living conditions. Last week marked the strategy's first anniversary. Since we took power, we have also improved seniors’ benefits by bringing the eligibility for old age security back down to age 65 and by enhancing the guaranteed income supplement. We have done all this by reducing taxes for the less fortunate and increasing them for the wealthy.

We have also invested in sustainable infrastructures and created numerous jobs. I am pleased to inform the House that, in the past 12 months alone, more than $55 million was invested in the electrification of public transit in my riding of Vimy. I am proud that the City of Laval is showing leadership in the area of sustainable infrastructure.

Moreover, to address the affordable housing crisis across Canada, we invested to help our most vulnerable families. In my riding, we invested in the first stage of the Val-Martin affordable housing project, and people are thrilled. There is still a long waiting list as 1,000 people still await affordable housing. This is a first step, and we are moving in the right direction.

Our constituents are happy because they are seeing the positive impact of our investments on their lives. Yes, we have a lot of debt, but we are investing in Canadians’ lives. Affordable housing is an issue of interest to all Canadians. There is still a lot to be done, but we are happy to continue to work to solve this problem that has been around for decades.

As a woman and a member of the Standing Committee on the Status of Women, I would like to point out that, like each year, the 16 days of activism against gender-based violence will take place from November 25 to December 10. This is an opportunity for every one of us to reaffirm our commitment to preventing and eliminating the violence suffered by almost half of all girls and young women in Canada.

These 16 days are essential because we honour the work done in the past to fight gender-based violence. We also see the importance of contributing to the fight so that we can make a difference by working together.

Our government has also advanced the cause of pay equity, since ensuring equal pay for equal work is the smart thing to do. It is a key initiative our government has taken to honour its commitment to ensuring gender equality.

We have passed legislation according to the results of gender-based analysis to make sure that every Canadian has a fair and equal change to succeed. It is not simply the right thing to do, it is the smart thing to do. Canada’s future prosperity depends on it. Our government placed gender equality at the heart of its decision-making process in order to support women, reduce the gender wage gap, promote the participation of women in the workplace, and continue to build a country and an economy that works for everyone.

We have created a whole new department: the department of women and gender equality. Our government understands that gender equality is key to economic growth. The new Status of Women department will improve our ability to advance the cause of gender equality, and grow the middle class through policies, programs and the funding of community organizations dedicated to ensuring equality.

Thanks to these laws and policies, the government will be better able to capitalize on the momentum of international movements such as #MeToo, Time’s Up and women’s marches to make major changes for the benefit of Canadians of all gender identities. Our government launched the women entrepreneurship strategy and gave it $2 billion in funding.

We also opened the country up to foreign markets and new clienteles. This is the spirit in which our government negotiated the trade agreements that will give Canadians privileged access to 1.5 billion new overseas customers.

We have made a lot of progress in three years, but there is still a lot to do. I am proud to be part of this government. I am still very proud of representing the people of Vimy, and I promise them that I will do my best, with our government, to help all of the poor and grow the economy in my riding and across the country.

The House resumed consideration of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 5 p.m.
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Gary Anandasangaree Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism), Lib.

Madam Speaker, I am very glad to speak on Bill C-86, a second act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.

At the outset, I will take stock of where we are as a country today. Economically, this is one of the best economic times we have had in our history, with a 40-year low in our unemployment rate. Our growth in GDP is one of the top in the G7. We have an unprecedented amount of growth taking place in various sectors, particularly the high-tech sector. A complaint I often hear from employers is their inability to hire people. There is a labour shortage, as we have heard in the House a number of times, in different parts of the country, but also in the area I represent in the greater Toronto area.

Middle-class Canadians are seeing first-hand that this plan is working. They are getting $2,000 more a year compared with what they got before. Budget 2018 is a step in that plan, supporting our government's people-centred approach to ensuring that every Canadian has a real and fair chance at success.

This has been a difficult week for some of us, especially those close to the GM plant in Oshawa, and our hearts go out to all of the hard-working men and women and their families in the Oshawa region. I have constituents in my riding who depend on the plant, and all of us across all parties hurt along with the families in Durham and the general region.

The fall economic statement presented by the Minister of Finance set out some very specific targets that allow more competitiveness in the Canadian economy. This past Saturday, all of us got back to our ridings very late in the morning, but I had the pleasure of opening a new company in my riding. It is located on Thornmount Drive in Scarborough—Rouge Park. It is called Sakara Wood Inc. It manufactures wood panels. It invested in very expensive manufacturing equipment and did not know about the accelerated deduction. I was able to inform the owner of the deduction that is available. This individual, who has worked for a very long time, is going to be hiring people. I am very proud that he chose to establish his business in my riding. When these types of businesses are opening, it shows the confidence that people have in the economy right now.

It is fair to say that since we took office three years ago, we have worked on a number of important initiatives, but particularly to ensure there is gender equality in this country. That has been a cornerstone of our Prime Minister and of the mandates of many ministers. Our budgetary process goes through a gender-based lens, which oftentimes was not the case in the past. This allows the full participation of all women in the economy, which will help grow our economy in the long term.

I want to highlight some of the specific things that budget 2018 offers in this respect. Something I have heard throughout my adult life over and over again is pay equity and the challenges and failures of successive governments to fully implement it. The statistics are startling. Men and women do not make the same amount of money for work of equal value. Over time that has really limited many women from progressing in the workforce and being able to attain the same level of economic security that men have been able to attains. It affects pensions and a whole host of benefits, because oftentimes our benefits are based on earnings.

I believe that the pay equity component of this budget essentially sets us on the right path. It does recognize equal pay for work of equal value. It is a very smart thing to do. We are also very proud to move forward with this proactive legislation. It is a key way in which our government is delivering on its commitment to gender equality.

Our government will introduce proactive pay equity legislation for workers in federally regulated sectors in 2018. This is on top of a number of other initiatives, most notably the establishment of a full status of women department. This is long overdue. I recall that a number of very progressive initiatives have been undertaken by the current minister to challenge many of the barriers to women's full participation and to ensure there is a safe and secure place for women and girls, as well as for boys, as equality takes shape in the years to come.

We recognize that it does require a lot of work. The stand-alone department speaks to the importance that our government assigns this issue. This bill will allow for additional resources for the department. It will give additional funding opportunities and resources, so that the minister will be able to target very specific issues and gaps within Status of Women currently.

As I go across the country, undertaking anti-racism engagements in several cities, the issue of racialization has come up, as well as discrimination against women and intersectionalities. This points to the fact that we are going in the right direction. Certainly, there is a lot more to do, and as a government we will do it.

Another important aspect is the poverty reduction strategy. It is part of an overall strategy to allow many Canadians to get out of poverty. Poverty in 2018 should not be a reality for Canadians. As we look at different parts of the world that are impoverished and have limited economic resources and opportunities, it is a shame that in a country like Canada, which has one of the highest GDPs and best economies in the world, we have people living in poverty. However, we do.

As a government, we were successful in lifting 650,000 Canadians out of poverty, including 300,000 children. That is a very significant improvement, but, again, this is an ongoing process. It includes support for infrastructure and support for housing. As members know, for the first time in a generation, we have a national housing strategy. That, too, will assist people living under the poverty line to be able to get out of poverty altogether.

Poverty limits individual success, limits the ability of young people to attain their maximum potential, whether at school, in the workforce, or other areas of life. It is very important that as a government we are doing this, and I am very proud of it.

Once again, time appears to be running out. I look forward to questions.

The House resumed consideration of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4:45 p.m.
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Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Madam Speaker, I would like to respond to something the member for Saanich—Gulf Islands said. She said the government always has iconic and historical engagement announcements. I have come to think that it is all the government is about. It is always historical, amazing, so great, but we have never in Canadian history seen a government spend so much money to do so little.

I am very happy to speak today in the House of Commons on behalf of the citizens of Beauport—Limoilou.

Centre Block will soon be closing for complete renovations for 10 or 15 years. I wanted to mention that. There is no cause for concern, however, because we will be moving to West Block. I will therefore be able to continue to speak on behalf of my constituents.

Today I am discussing Bill C-86, a second act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.

I will focus on the fact that the members of the Conservative Party are extremely disappointed with the bill. We have witnessed a string of broken promises over the past three years. It is a little ironic that the hon. member for Papineau, the current head of the Liberal government, said during the election campaign that he wanted to do something to make people less cynical of politics, to help them have more confidence in politicians, in the ability of the executive branch, the legislative branch and members of Parliament to do things that are good for Canadians and especially to respect the major promises formally made during the campaign.

A group of researchers at Laval University have created what they call the Vote Compass. It shows the number of promises kept and broken by the provincial and federal governments.

I remember that, to their chagrin, a few months before the 2015 election, the research institute had to acknowledge that 97% of all promises made by Mr. Harper during the 2011 election campaign had been kept.

The Liberal government elected in 2015 broke three major promises and is continuing to break them in the 2018 budget. These were not trifling promises. They were major promises that were to set the guidelines for how the government was to behave and for the results Canadians would see.

The Canadians we talk to are familiar with the three major promises, since I often repeat them. I have to, because this is serious.

The Liberals promised to limit themselves to minor $10-billion deficits in the first two years and a $6-billion deficit in the third year.

What did they do? The first year, they posted a deficit of $30 billion. The second year, they posted a deficit of $20 billion. This year, the deficit is $18 billion, or three times what was announced.

That is the first broken promise, and it was not just some promise that was jotted down on the back of a napkin. In any case, I hope not. In fact, I remember quite well that the promise was made from a crane in the midst of the election campaign. The member for Papineau was in Toronto, standing on a crane when he said that he would run deficits to pay for infrastructure. That is the second broken promise. He said that the $10 billion a year in deficits would be used to inject more money into infrastructure. However, of the $60 billion in deficits this government has racked up to date, only $9 billion has gone to infrastructure. That is another problem, another broken promise.

That is why I was saying earlier that we have rarely seen, in the history of Canada, a government spend so much money for so few results. This is probably the first time we have seen this sort of thing.

I will give an example. He said that he would invest $10 billion in infrastructure in 2017, but he invested only $3 billion and yet racked up a deficit of $20 billion. Where did the other $17 billion go? It was used for all sorts of different things in order to satisfy very specific interest groups who take great pleasure in and boast ad nauseam about the Liberal ideology.

The third broken promise is an extremely important and strategic one. In fact, it was so obvious that we did not even really think of it as a promise before.

All Canadian governments, in a totally responsible manner and without questioning it, traditionally endorsed this practice. If there was a deficit, the document would indicate the date by which the budget would be balanced. There was a repayment date, just as there is for anyone in Canada. When the families of Beauport—Limoilou, many of whom are watching today, want to buy a car or appliance, such as a washer or dryer, not only does the seller ask them to get a bank loan, but he also asks them to sign a paper that indicates when the debt will be repaid in full.

Thus, it is quite normal to indicate when the budget will be balanced. We have been asking that question for three years, but what is even more interesting is that the Liberals had promised that the budget would be balanced in 2019, and now there are 45 days remaining in 2018. Telling us when the budget will be balanced is the least the Liberals could do.

There are consequences to running up large deficits, however. The Liberal government has been accumulating gigantic deficits at a time when the global economy is doing rather well, although forecasts indicate that we will enter a recession in the next 12 months. Although times are tough in Alberta and Ontario, where General Motors just closed a plant, the situation is positive. There are regions in Canada that are suffering tremendously, but the global economic context is nevertheless healthy. Knock on wood, which is everywhere in the House of Commons.

The first serious mistake is to run up deficits when times are good. When the global economy is doing well and our financial institutions are making money, we have to put money aside for an emergency fund and an assistance fund, especially for the employees of General Motors who lost their jobs and for all families in the riding of my Alberta colleague who have lost their jobs in the oil sector.

We have to have an emergency fund for the next economic crisis because that is how our capitalist system works. There are ups and downs. That is human nature. It is random. Agreements are signed, things are done, progress is made, and there are ups and downs. The current positive situation has been going on for five or six years now, so we need to be prepared. That is why growing the deficit during good economic times can have very serious consequences.

I would like to talk about another serious consequence, and I am sure this will strike a chord with the people of Beauport—Limoilou who are listening to us now. Does anyone know how many billions of dollars the government spends on federal health transfers? It is $33 billion per year. To service the debt, to pay back people around the world who lend us money, we spent $37 billion last year. We spent $4 billion more on servicing our debt than on health transfers.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4:30 p.m.
See context

Andy Fillmore Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism, Lib.

Madam Speaker, it is a great privilege to speak to this House about Bill C-86, which represents our government's next steps to advance the mandate given to us by Canadians.

In 2015, Canadians sent us to Ottawa on a promise to grow the economy, support Canada's middle class and most vulnerable, and build a more inclusive and prosperous nation for all Canadians. Over the last three years, our government has made great progress on this promise.

Across the country, a strong and growing middle class is driving economic growth, and creating new jobs and more opportunities for people to succeed. While there is still more work to be done to ensure that every Canadian has a fair chance at success, real progress has been made. More Canadians are working, wages are growing, and Canadians and business are confident in their future.

The Canada child benefit, CCB, is helping families with the high cost of raising children by putting more money in the pockets of nine out of 10 families, helping to lift 521,000 people, including nearly 300,000 children, out of poverty. It is a measure that is making a real difference in Halifax.

This summer, I was at Mulgrave Park in our city's north end. It is a vibrant public housing community where many families benefit from the CCB. In a conversation with the executive director of Mulgrave Park Caring and Learning Centre, Crystal John, I asked her what she had been hearing from families about how the CCB is helping them. She told me that one important way to help is by giving families the funds to purchase nutritious meals for children. We know that food is expensive and that healthy food is even more expensive. Therefore, ensuring children are well fed, receiving the nutrients they need from healthy food, with fresh fruits and vegetables, is critically important. This is the positive impact of the CCB on the ground in Halifax and across the country.

Of course, more than nine million Canadians are also benefiting from the government's middle-class tax cut. By this time next year, a typical middle-class family of four will receive on average $2,000 more each year as a result of these two measures to help with the cost of raising their children and saving for their future. This will help grow the economy for the benefit of everyone. We have also enhanced the Canada pension plan, which will provide more Canadians with a secure retirement.

We have made historic investments in infrastructure, including the national housing strategy, which is helping Canadians with a secure, safe and affordable place to call home. I will say that, as a former city planner, this is a point of great pride for me. Secure and affordable housing is fundamental to a citizen's well-being. We have taken important steps to create a strategy that is smart, focused on the vulnerable and rights-based. Now, Canada's strong fiscal position, which includes the lowest net debt-to-GDP ratio in the G7, allows the government to continue investing in the middle class and to lay a solid foundation for future generations.

In November, the Minister of Finance presented the federal government's 2018 fall economic statement, and here are some of the measures that it included.

First, the government is taking action to help Canadian businesses to compete, succeed and create good, well-paying jobs. We are introducing new tax incentives that will support business investment in Canada, including allowing businesses to immediately write off the full cost of machinery and equipment used for the manufacturing or processing of goods. We are also cutting red tape to make it easier to do business in Canada while protecting Canadians' health, safety and the environment.

The fall economic statement also makes important investments in a new social finance fund. The government recognizes that innovative approaches are needed to tackle persistent and complex social challenges that make it difficult for some Canadians to succeed and reach their full potential. To encourage and realize innovative ideas, the Government of Canada is creating a new social finance fund to allow potential investors to partner with charities, non-profit and social purpose organizations to work together to solve our country's biggest social challenges. We are also providing support to social purpose organizations to improve their ability to successfully participate in the social finance market. All told, the social finance fund is expected to help create thousands of jobs, foster economic growth and help us build a more equal and fair Canada.

In Halifax, we are so lucky to have a vibrant community of passionate people working in the social innovation field. Just last week, I had the opportunity to invite the Minister of Innovation to Halifax for a reception at Common Good Solutions, an incubator and consulting agency that helps social enterprises start and grow. Its fearless leader, David Upton, has been a strong voice for government support for social enterprises, and I have been proud to stand along with him. In speaking with him since last week, he is thrilled with what the new social finance fund will mean for this growing industry.

One more important update in the fall economic statement is support for Canadian journalism. A strong and independent news media is crucial to a well-functioning democracy. The government recognizes the vital role that journalism plays in communities across Canada and is making key investments to ensure that Canadians in underserved communities continue to have access to informed and reliable news coverage.

New measures include allowing non-profit news organizations to receive charitable donations and issue official donation receipts; introducing a new refundable tax credit that supports original news content creation, including local news; and introducing a new temporary, non-refundable tax credit for subscriptions to Canadian digital news media.

There is still more work to do but the progress we have made to date is extraordinary and we are not slowing down. We will continue to fight for Canada's middle class and vulnerable Canadians. The budget elements included in Bill C-86 will go a long way to help us realize this goal. I encourage all members to support it.

I am going to share a few more excellent points about the budget bill and I am sure that everyone in the House will be interested in hearing them.

Members have heard me say before that Nova Scotia is home to some of the brightest scientists and researchers in the world at leading research institutions like Dalhousie University, St. Mary's University, the Bedford Institution of Oceanography and the IWK, the Izaak Walton Killam Children's Hospital and more. For the last year, they have rallied around the recommendations of the Fundamental Science Review, also known as the Naylor report, which was commissioned by this government under the leadership of our Minister of Science and Sport. This report called for significant investment in investigator-led research.

Our government agreed with those calls for action, because research expands our understanding of how the world works, allowing us to address existing and emerging challenges in our region in new and effective ways.

Equally important, basic research also serves as the foundation for the knowledge-based economy. That is why budget 2018 includes the single largest investment in investigator-led fundamental research ever. That is $4 billion for fundamental science and research infrastructure and it includes a 25% increase to funding of the tri-council of NSERC, CIHR and SSHRC.

We have said it before, science is back, but more than that, with budget 2018 it is unstoppable.

The final measure I want to highlight is conservation, and this is a topic that many of my constituents in Halifax care deeply about. A whopping $1.3 billion to protect Canada's landscapes and biodiversity, including species at risk, is included in the budget. It also includes funding to protect endangered marine life such as the right whale.

These measures are joined by several others that are geared toward protecting our environment for generations to come, including funding for the implementation of Canada's pricing of pollution system.

There is $56 million to expand an existing home energy retrofit partnership with efficiency in Nova Scotia.

One of my favourite measures is making entry to Canada's national parks free for kids forever.

These are the kinds of investments that will keep Canada on a path to prosperity along with others that I mentioned in my speech today and countless additional initiatives from budget 2018 that I did not have time to address.

I hope that my colleagues from all corners of this place will agree that this plan is working for Canadians and that they will vote for this budget implementation measure to keep this spectacular momentum going.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4 p.m.
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Liberal

Angelo Iacono Liberal Alfred-Pellan, QC

Madam Speaker, I am pleased to have the opportunity to rise in the House to speak to Bill C-86, budget implementation act, 2018, no. 2, more specifically to modernizing federal labour standards as well as the wage earner protection program.

The Government of Canada has a mandate to modernize labour standards and adapt them to today's reality. Bill C-86 is the first step in making this modernization a reality.

I want to begin by providing a bit of context. Part III of the Canada Labour Code establishes basic working conditions in the federally-regulated private sector, such as working hours, minimum wage, statutory leave, annual leave, and various other types of leave.

They would also create a level playing field for employers by requiring all of them to meet these minimum entitlements. Many employers already go above and beyond what is in the code, but for some workers, these standards are the only protections they have.

Unfortunately, these things have remained largely unchanged since the 1960s when most Canadians had steady jobs with regular nine to five hours.

Today, many Canadians are struggling to support their families in part-time, temporary and low-wage jobs. They may work several jobs to make ends meet, face unpredictable hours and lack benefits and access to certain entitlements.

The government understands that the nature of work is changing. That is why we held extensive consultations that highlighted the need for updated federal labour standards. That is what we are doing with budget implementation act no. 2.

Our consultations made it clear that there were a number of complex issues related to federal labour standards and the changing nature of work that required more in-depth review and discussions. A modern set of federal labour standards would better protect our workers and help set the stage for good-quality jobs.

A group of experts, soon to be announced, will be looking at these issues.

Let us talk about some of the changes being introduced through Bill C-86:

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;

Many Canadians are victims of domestic violence. It takes so much courage and determination to make that decision to leave a violent situation. These individuals experience extreme stress and vulnerability. Sometimes, they just cannot go to work for a number of days, and the trouble is, they do not know what type of leave they can use to justify their absence.

This five-day period of leave will help more Canadians get out of violent situations without the risk of losing their job.

By introducing equal treatment protections, these amendments would also ensure that employees in precarious work are paid and treated fairly, and have access to the same entitlements as their full-time counterparts. As well, they would ensure that employees receive sufficient notice and compensation when their jobs are terminated, to help protect their financial security. However, change of this magnitude does not happen overnight.

That is why up to approximately $51 million over five years starting in 2019-20, and up to about $12 million ongoing will be allocated to support the implementation and enforcement of the labour standards amendments, including education and awareness, training and increased resources for proactive enforcement and timely resolution of complaints.

In addition to these changes to the code, we are also enhancing the wage earner protection program to provide more support for Canadians during difficult times when their employer is insolvent and they are owed wages. The wage earner protection program is a Government of Canada program that provides financial support for workers who are owed eligible wages when their employer files for bankruptcy or becomes subject to receivership. In short, the WEPP is there to help workers when they need it the most.

Budget 2018 announced that the government would propose legislative amendments to increase the maximum payments under the WEPP and make eligibility more equitable. As such, our government is proposing to increase the maximum payment under the WEPP from an amount equal to four weeks of maximum insurable employment insurance earnings to an amount equal to seven weeks. For 2018, this would amount to an increase of up to $3,000.

I think the members of the House would agree that this increased support is a welcome change for Canadian workers, and I am glad to say that the increase in the maximum payment would come into force on royal assent and would apply in respect of bankruptcies or receiverships that occurred on or after February 27, 2018.

Changes would also be made to program eligibility more equitable so that workers who are owed wages, vacation, severance, or termination pay when their employer files for bankruptcy or enters receivership are better supported during a difficult time.

The changes proposed today are part of our plan to modernize federal labour standards as part of Bill C-86. We are also introducing historic proactive pay equity legislation. This legislation would ensure that women and men in federally regulated industries receive equal pay for work of equal value.

We have already introduced in the Canada Labour Code the right to request flexible work arrangements, new leaves and new protections for unpaid interns. More recently, we passed Bill C-65, which addresses workplace harassment and violence. We are bringing in change that Canadians have been asking for.

We spent nearly a year consulting with Canadians, stakeholders and experts to get their perspectives on what a robust and modern set of federal leader standards should look now. Now we are taking action. We are ushering in modern and robust standards that will benefit both workers and employers.

With modern labour standards that support good-quality jobs, employees can thrive and achieve a better balance between the demands of their personal lives and the operational requirements of their jobs, which can lead to a greater sense of well-being. By the same token, they can help employers recruit and retain employees, which can lead to an increase in productivity. Employees who come to work feeling supported by their employers are able to do their best work and to innovate, which can create a better working environment and lead to long-term gains for employers.

It is a win-win for everyone.

I request the support of the House to get rid of these 1960s-era provisions that are well past their best before date. We must update our labour standards to reflect the equality and quality of Canadian jobs across the country.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:45 p.m.
See context

Liberal

Ali Ehsassi Liberal Willowdale, ON

Madam Speaker, I am honoured to rise in the House today to discuss Bill C-86, a second act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.

Bill C-86 represents our government's commitment to do more for Canadians. The bill acts as a framework to implement key measures proposed in budget 2018 that will ensure Canadian businesses remain competitive and successful, globally as well as domestically.

In 2018, our government is placing people first, by creating a competitive, sustainable and fair Canada. Throughout my speech, I will provide several examples as to how Bill C-86 would accomplish such objectives.

Last week, on November 21, the Minister of Finance addressed members of the House to unveil the 2018 fall economic statement. His statement reiterated the commitment of our government to continue investing in the middle class to ensure that our economy would remain robust and would continue to flourish for years to come. We are experiencing a strong and growing economy from coast to coast to coast.

We, on this side of the House, have always believed that investment leads to growth and growth leads to more jobs. That is why we can all be proud as we witness new jobs being created, which in turn provide new opportunities for many Canadians to succeed.

In 2017, Canada experienced the strongest economic growth among all G7 countries, accumulating 3% GDP growth. Due to the hard work of Canadians, the results continue to speak for themselves.

We are also experiencing a healthy wage growth. In fact, we are now experiencing the fastest rate of wage growth in the last eight years. With more jobs and the lowest unemployment rates reported in 40 years, consumer confidence remains strong. Our plan is to put more money in the pockets of Canadian families next year, whereby a typical Canadian family of four will be $2,000 better off.

Allow me start off with examples by citing the significance of Bill C-86 to legislating gender budgeting.

We have placed gender equity at the forefront of decision-making by introducing gender budgeting legislation. The future of Canada's economic and social prosperity depends on supporting women of all ages, reducing the gender wage gap and increasing the participation of women in the workforce.

This comes after the failure of the Harper government to recognize women as a driving force in the economy. We, on the other hand, are ensuring every Canadian has an equal and fair chance to succeed. This is not just the right thing to do, it is the smart thing to do. In fact, there are now more women employed than ever before in our long history.

Another example is the significance of Bill C-86 to the issue of pay equity. To further complement legislating GBA+ budgeting, our government aims to provide pay equity to all Canadians by implementing measures to create a more inclusive work environment. For this reason, work has already begun with key stakeholders to introduce proactive pay equity legislation.

To deliver on our commitment to gender equality, we are proud to offer equal pay for equal value of work. This has been long overdue, and we hope to set a precedent for the global community as leaders and champions of equality.

The next thing I would like to cite is the significance of Bill C-86 insofar as the new employment insurance benefits for second parents. As I have already touched on the significance of gender equality in the workplace, allow me to now emphasize our government's interest in introducing legislation to ensure that there is similarly gender equality at home. The new parental sharing benefits will provide all parents, including adoptive and same-sex parents, an opportunity to focus on sharing the responsibilities of raising their children as they see fit.

The new employment insurance benefit for second parents provides more flexibility for parents to set aside time and ensure greater success at shared parenting. Encouraging equality is the right thing to do for all Canadians.

Finally, allow me to talk about how crucial Bill C-86 is to the establishment of the department of the status of women.

Unlike the previous Conservative government, this government keenly understands that gender equality is a key factor in stimulating economic growth. Bill C-86 proposes to create the department of women and gender equality. This new department will solely focus on the status of women in Canada and strengthen our capacity to advance gender equality and stimulate the middle class through innovative policies and programs.

By preserving the department's place as a centre of gender expertise, we hope to prevent gender-based violence as well as expand the mandate for gender equality. This is inclusive of sexual orientation, gender identity and expression by promoting greater understanding.

We have come a long way by appointing the first gender-balanced federal cabinet and the first federal minister fully devoted to gender issues. We hope, and I think it would be fair to say, that we have seen that Canada is serving as an example on the world stage.

Bill C-86 signifies our government's commitment to next steps in advancing our economy by focusing on the growth of the middle class and those who are working hard to join it.

Through Bill C-86, we are taking significant action to invest in this plan. Canada's future prosperity depends on offering equal and fair chances at success.

The House resumed consideration of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:55 p.m.
See context

Liberal

Celina Caesar-Chavannes Liberal Whitby, ON

Mr. Speaker, my hon. colleague spoke about leaving the country in better shape than it was when we came to government.

I would remind him that ours is one of the fastest-growing economies in the G7. We have put policies in place to ensure that we are lifting 650,000 people out of poverty, 300,000 of whom are children. Next year, a family of four will receive $2,000 more in its pocket than it is currently receiving. There have been 500,000 new jobs created by Canadian small and medium-sized businesses. In Bill C-86, we have introduced a social finance fund to help charitable organizations. We have introduced a poverty reduction strategy.

What would the member say to his constituents who are benefiting from the policies we have put in place?

The House resumed consideration of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 12:50 p.m.
See context

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, today we are talking about the Liberals, who are proposing a hefty 850-page bill. It is an omnibus bill. It is the largest bill ever introduced in the House of Commons. The omnibus bills that the Conservatives used to introduce were 75 pages long. Today we are seeing an 800% or even 900% increase with this 851-page bill. The Liberals were elected on a promise to be more transparent and more accountable.

Furthermore, we are debating this unusually large bill under a gag order. This morning, the Minister of Employment, Workforce Development and Labour was boasting about how she has already given opposition members 15 hours of debate.

According to my calculations, 15 hours of debate divided by 851 pages equals one minute and five seconds per page. Is it responsible to allocate so little time to debate a bill? I use the phrase “debate a bill” loosely, because only eight NDP MPs and five Conservative MPs spoke to this bill before today, if memory serves.

The Liberals say that they are more democratic, more transparent and more accountable, but I have my doubts. I think that everyone has reason to doubt the goodwill and good faith of the Liberals.

As my colleague from Jonquière said, this bill amends seven acts. The Liberals have never been able to tell us how many clauses and subclauses are in this mammoth bill. They themselves do not even know. They do not even know all the things they put in this bill. It is ridiculous to have to debate it under time allocation.

I will focus on just a few points in my speech because, unfortunately, nobody in the House can cover all the measures introduced in the nearly 900-page bill in just 10 minutes.

Women have been waiting 42 years for the Liberals to keep their promises on pay equity. Unions have been fighting Canada Post in court over that for 30 years. The government is yet again telling women they will have to wait. Pay equity legislation will come into force not in a matter of weeks or months, but in four years.

Our party has been a tireless advocate for this important issue. We have even proposed changes in the past. As we heard from my colleague from Jonquière, the NDP proposed 36 amendments. The Conservatives proposed amendments. The other parties proposed amendments. How many amendments did the Liberals accept? Not one single amendment was accepted, despite the fact that they reflected the demands of unions and the demands of various women's groups. Not one amendment was accepted to improve the bill, to give women a stronger voice. The Liberals did not agree to any of our suggestions.

Canada is facing some major challenges that require a bolder approach than the one the Liberals are using. The first initiatives requiring employers to determine how many people must receive more pay are a step in the right direction. However, what could possibly justify how long it will take to implement this? Is it acceptable that women continue to be underpaid for another four years under this government?

In 2018, women earn on average $12,700 less than men. If we multiply that by four, that means nearly $51,000 less for women. The government says it is proud to have introduced pay equity legislation. However, women will still have $51,000 less in their pockets, which is a lot.

If I had to summarize the government's action, I would have to say that it is nothing but half measures. The time it will take to implement pay equity is the biggest problem lurking behind the government's facade of good intentions, but it is not the only one. There is also the fact that budget implementation act, 2018, No. 2 does not require employers to apply pay equity to workers who were already under contract if changes are subsequently made to the contract following a call for tenders. Why? We do not know.

The bill also does not include any of the pay transparency measures that advocates have called for. Salaries cannot be compared when pay equity issues are being addressed. What is wrong with that picture? Will the pay equity commissioner have the resources needed to do his or her work properly? We do not know that either.

Speaking of half measures, why did the government not adopt the recommendations set out in the Bilson report, including the creation of a pay equity hearings tribunal? Lastly, the Liberals are once again professing to support equality while telling a segment of the population that is being treated unfairly to grin and bear it. I would like to remind the government that women represent 51% of the population.

The government made its choice. It chose not to make the investments needed to ensure that women receive equal pay, and chose instead to give big business, the richest people in the world, $14 billion in tax cuts. This measure was introduced last week in the Minister of Finance's fall economic statement. Did the rich and these big corporations really need that $14 billion this fall? I do not think so. They are getting help, yet many of them evade taxes or openly use tax havens to avoid paying taxes.

The same is true for web giants like Netflix, Apple and Facebook, which pay virtually nothing in taxes and then get tax breaks. However, they use our services and are quite happy to hire highly skilled workers from Quebec and Canada. The Liberals claim that our SMEs are important and that they want to support buying local, but they support the web giants that do not need to worry about all of the taxes imposed on our SMEs under Canadian law.

How much of this money will go to rural areas? We have no idea. The government is allocating billions of dollars for businesses to buy new equipment and innovate, but how can we innovate when our rural areas do not even have access to high-speed Internet or a 3G or LTE cellular network?

The Auditor General criticized the government for its lack of judgment in managing public money allocated to the connect to innovate program. Some municipalities in my riding are turned down for this program or CRTC funds for ridiculous reasons, such as the fact that there is already a home with high-speed Internet within a 25-kilometre radius. This is happening in Saint-Louis-de-Gonzague, and all the areas served by Coop CSUR in the Soulanges area are under the same restriction. Do we really want a double standard for our rural and urban areas?

On another subject, how will the poverty reduction strategy be funded? Apparently, it will be made up of existing programs without any additional money. I think the Liberals are just thumbing their noses at us. They have targets, but no plan. That seems to be a theme with this government, because it does not have a plan for the environment either. The Liberals got themselves elected in 2015 by saying, “We have a plan, we have a plan, we have a plan”. Today, there is no plan, there is no plan, there is no plan. I think I will use that in an ad.

Are they going to help the most vulnerable citizens access health care services more easily? No. There is no plan for pharmacare either, even though we know that we could save $3 billion a year according to conservative estimates. We could make a lot of investments in health care with that money.

What other measures does the bill include to drastically reduce our CO2 and methane emissions starting this year? None. Is the government planning to help rural areas go green, develop public transit, make their homes more energy efficient, or use solar and wind power? No.

Is the government going to implement restrictions to help big corporations reduce their greenhouse gas emissions? No, of course there is no plan to do that. Will the federal government finally have a costed plan for reducing its own greenhouse gas emissions? No, it has no plan for that either.

It has been pointed out that many citizen movements have been launched. In Quebec, artists, scientists, economists and citizens have signed A Pact for the Transition. Millennials have been criticized for not being more involved in all kinds of things, but yesterday, young people who realized that the government is not doing anything for the environment took action, and a youth environmental group called ENvironnement JEUnesse brought suit against the federal government for failing to take action on the environment.

I have to stop now because I am out of time, but that shows just how important the environment is to people 35 and under and how absurd it was for the government to spend $4.5 billion of taxpayers' money on a pipeline.

That move was not a plan or investment for keeping our planet healthy for current and future generations. It is shameful.