Sales Tax Amendments Act, 2006

An Act to amend the Excise Tax Act, the Excise Act, 2001 and the Air Travellers Security Charge Act and to make related amendments to other Acts

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 of this enactment mainly implements proposed measures relating to the Goods and Services Tax and Harmonized Sales Tax (GST/HST). Part 2 contains measures relating to the Excise Act, 2001 and other Acts with respect to the taxation of tobacco, spirits and wine. Finally, Part 3 contains measures relating to the Air Travellers Security Charge.
The GST/HST measures, contained in Part 1 of this enactment, are principally aimed at improving the operation and fairness of the GST/HST in the affected areas and ensuring that the legislation accords with the policy intent. In some cases, adjustments have been made to the legislation as originally proposed in response to representations from the tax and business communities.
The principal GST/HST measures are as follows:
(1) Health: confirms the GST/HST exemption for speech-language pathology services; exempts health-related services rendered in the practise of the profession of social work; zero-rates sales and importations of a blood substitute known as plasma expander; restores the zero-rated status of a group of drugs, collectively known as Benzodiazepines; broadens the specially equipped vehicle GST/HST rebate so that this rebate applies to motor vehicles that have been used subsequent to being specially equipped for use by individuals with disabilities.
(2) Charities: ensures that the exemption of supplies by charities of real property under short-term leases and licences extends to any goods supplied together with such real property.
(3) Business Arrangements: provides transitional GST/HST relief on the initial asset transfer by a foreign bank that restructures its Canadian subsidiary into a Canadian branch; removes technical impediments that hinder the use of existing group relief provisions under the GST/HST; simplifies compliance by excluding beverage container deposits that are refundable to the consumer from the GST/HST base; permits an agent to claim a GST/HST deduction for bad debts, and to claim adjustments or refunds of tax, in respect of sales made on behalf of a principal where the agent collects and reports tax; extends the existing agent rules under the GST/HST legislation to persons acting only as billing agents for vendors; better accommodates special import arrangements between businesses in certain situations where goods are supplied outside Canada to a Canadian customer; ensures that GST/HST group relief rules cannot be used to exempt from GST/HST otherwise taxable clearing services that are provided by a group member to a closely related financial institution who will then re-supply those services on an exempt basis to a third-party purchaser outside the group; clarifies the treatment of the right to use certain types of amusement or entertainment devices, such as the playing of a game, when it is provided through the operation of a mechanical coin-operated device that can accept only a single coin of twenty-five cents or less as the total consideration for the supply; confirms the policy intent and Canada Revenue Agency’s existing practice that no GST/HST or provincial sales taxes on a passenger vehicle are included in calculating the maximum allowable value for input tax credit purposes.
(4) Governments: ensures that a small supplier division of a municipality is treated in the same manner as a municipality that is a small supplier; exempts a supply of a right to file or retrieve a document or information stored in an electronic official registry.
(5) HST-related Rules: as announced by the Government of Nova Scotia, limits the availability of the current Nova Scotia HST New Housing Rebate to first-time homebuyers and reduces the maximum rebate available to $1,500; includes in the Act the draft Specified Motor Vehicle (GST/HST) Regulations, which prescribe the value of a specified motor vehicle for the purposes of calculating the 8% provincial component of the HST in circumstances where the vehicle is brought into a participating province and prescribe the manner in which that tax is required to be paid.
(6) Administration: adds a discretionary power for the Minister of National Revenue to accept late-filed applications for the GST New Housing Rebate and the Nova Scotia HST New Housing Rebate for owner-built homes, where exceptional circumstances have prevented an applicant from meeting the normal filing deadline; adds a discretionary power for the Minister of National Revenue to accept late-filed elections between closely related financial institutions for adjustments that they are required to make for the provincial component of the HST; permits the Minister of National Revenue to exchange GST/HST information with foreign governments that are signatories to the Convention on Mutual Administrative Assistance in Tax Matters; adds a discretionary power under the Act for the Chief Statistician of Canada to provide statistical information concerning business activities to the provinces similar to an existing provision in the Income Tax Act.
The measures contained in Part 2 of this enactment amend the Excise Act, 2001 to implement minor refinements that will improve the operation of the Act and more accurately reflect current industry and administrative practices. They also implement related and consequential amendments to the Access to Information Act, the Customs Act, the Customs Tariff and the Excise Tax Act.
The principal measures related to the Excise Act, 2001 are as follows:
(1) Tobacco: extends the requirement to identify the origin of tobacco products to all products, including those for sale at duty-free shops or for export, consistent with the Framework Convention on Tobacco Control, an international treaty on tobacco control; clarifies that cigarettes, tobacco sticks, fine-cut tobacco or cigars, but not packaged raw leaf tobacco, may be supplied to the export market or the domestic duty-free market.
(2) Alcohol: authorizes private laboratories, provincial liquor boards and vintners to possess a still or similar equipment and produce spirits for the purpose of analysing substances containing ethyl alcohol without holding a spirits licence; defers the payment of duty by small vintners selling wine on consignment in retail stores operated by an association of vintners until the wine is sold.
(3) Administration: permits the Minister of National Revenue to exchange excise duty information with foreign governments that are signatories to the Convention on Mutual Administrative Assistance in Tax Matters; adds a discretionary power under the Act for the Chief Statistician of Canada to provide statistical information concerning business activities to the provinces similar to an existing provision in the Income Tax Act.
The measures pertaining to the Air Travellers Security Charge (ATSC), contained in Part 3 of this enactment, include previously announced relief provisions, as well as technical changes to the Air Travellers Security Charge Act.
The principal measures related to the ATSC are as follows:
(1) Relief: relieves, in particular circumstances, the ATSC in respect of air travel sold by resellers or donated by air carriers.
(2) Administration: provides authority for the Governor in Council to add, delete or vary by regulation the schedule of listed airports.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-40s:

C-40 (2023) Law Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)
C-40 (2017) Law Appropriation Act No. 5, 2016-17
C-40 (2014) Law Rouge National Urban Park Act
C-40 (2012) Law Appropriation Act No. 2, 2012-13

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:30 p.m.

Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, much of my answer was already in my speech. This measure was announced, but so far no legislation has been passed. That is why I said in my speech I was happy to see that it was not included in the bill. I hope that it will never be introduced in the House. I do not think that it is good to eliminate the exemption for tourists who come and purchase products here and then take them back to their country of origin.

What is particularly striking in this government proposal is that it is based on unreliable data. They say that the program is ineffective because—if memory serves—only 4% of travellers make use of it. Obviously, though, this is not the right way to assess the program’s effectiveness. We have to do our calculations properly.

First, when a group of people travel together, usually only one person claims the credit. When a family of four buys a certain number of items, they obviously do not fill out four applications when they reach the border, just one. The government’s figures are therefore wrong.

Second, we need to compare the amount of the credit that is requested in dollars with what travellers are actually entitled to request in dollars. If a tourist comes to Canada to spend a weekend in Montreal and returns to the United States without having purchased any goods, he will obviously not apply for a credit to which he is not entitled. This does not mean, though, that the program was ineffective. We would have to be able to make the comparison in dollar terms to assess the effectiveness of the program, and we would also have to discuss it at the Standing Committee on Finance.

Third, there is the entire marketing aspect of this provision. Companies rely on it a lot. For example, they use the postal rebate.

Companies that offer a postal rebate know very well that there will always be a large number of consumers who never claim it. They buy the product because they are entitled to a postal rebate, but then forget to claim it. This does not mean that the marketing strategy was unsuccessful. The same applies to the GST visitor rebate: the fact that people do not claim it does not mean that the program did not work.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:30 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I appreciate the opportunity to join in the debate.

Let me begin by saying that we have a lot of paperwork here. It is a big bill. There is the bill itself and the explanatory notes that go with it. The bottom line is, though, that most of this is indeed housekeeping. It happens in all parliaments and all governments that from time to time there is a need to bring things up to speed, to perhaps reflect an unfairness that has been identified that does justify its own bill. Often it is a matter of other changes that have been made and now we are catching up with the legislation, either with numbers or words. Primarily, that is what we found here.

Once we get into committee, we reserve the right to acknowledge that there may be problems that have not come to our attention. Certainly, we would encourage anybody impacted, any industry, any business, any individual anywhere who is affected by this in a negative way that we have not yet sussed out, by all means to give us a shout. It will go to committee and we will get a chance to deal with it there.

It would seem on the surface, as my colleague from the Bloc has pointed out, that this is indeed a housekeeping bill and by rights should not warrant us all getting ourselves twisted up in this minority government. We have bigger fish to fry and more important things to deal with. However, it does give us an opportunity to speak to what has happened so far.

I agree with much of what my colleague from the Bloc had to say. We view it very similarly in that some of the best things about it is what is not in there. The whole notion of cutting the rebate for tourists coming here and allowing them to apply for the GST rebate was a foolish suggestion, absolutely foolish. It is amazing it got as far as being announced in the throne speech that it would be put in the original budget document. It is a really dumb idea.

Number one, it is not that much money, and second, as has already been pointed out, not everybody applies for it. It is more a matter of being a selling point to say that it is available to people, particularly when conferences, conventions, trade associations meet with local officials to determine where they can get the best deal. If we are comparing Canada to any other country, this is an opportunity for our competitor countries to point out quietly that Canada used to be pretty good, but look at some of the things it has done now. That hurts. It hurts more than the reality of the money that is lost, actually.

Conversely, it has the ability to be used as a marketing tool to say to the world that we have a beautiful country, we are very fortunate, we are blessed, and we offer the world to come and enjoy. People should come and visit with their families. Whether it is for business, pleasure or a combination, Canada is a place that should be on the short list of convention destinations. Leaving the rebate in place is a part of being able to sell Canada around the world.

We should make no mistake, to a community like my home town of Hamilton, conventions are a huge part of our local economy, more than people might think. Again, it is because of the proximity to Toronto. I have nothing to say against our good friends in Toronto, but costs are a little higher there and we are able to provide some things that Toronto cannot at a lower price. It still provides us with access to Niagara Falls, a world renowned beauty, as well as all the media centre that exists in Toronto, so there are a lot of good reasons why Hamilton is an important destination, usually for medium sized conventions and conferences. For the truly large ones, it makes sense they would go to the larger capitals of the country.

However, it is important to Hamilton and it is important to Canada. It is good that it is not in here. Let us hope we never hear from it again. We do not want to hear about it because it is a bad idea.

It is interesting, when we look at the website of the hon. the House leader of the government, there is a news release dated September 6, 2005, which of course was before the election. I would just take a moment to point out that the government of the day, the Conservatives, had a lot to say when they were in opposition about taxes in terms of gasoline, stating all they would do, rightly pointing out that the Liberals were not doing anything, but making all kinds of commitments.

I will read it in part. It states:

Part of the gas price is a series of provincial and Federal taxes. Two components of the Federal Government’s taxes on gas are actually quite offensive. For some time, we have been calling on them to be eliminated. The first is best described as a “tax on a tax”. The feds impose both an excise tax (the gas tax) and they also impose the GST, just like they do on everything else. Fair enough, so far. But unbelievably, the Feds actually charge the GST on the excise tax portion of the gas price, as well as on the commodity. You actually pay the GST on the provincial and federal excise tax as part of the gas price, a tax on a tax.

It goes on and on. It makes another point about the evils of what is in place right now. It condemns the Liberals further for doing nothing, which is accurate, and then it goes on to say all the great things a Conservative government would do. Well, they are not in here. The Conservatives are good at the promises when it comes to gas and taxes, and like usual, they make a much better argument on paper than they do in law and this is another reflection of that.

I might also add that the big economic move, the last big real supposedly huge change that the government made was to cut the GST. The Conservatives are going to talk about that in the upcoming election, whenever that is. They are going to go on and on, but what is surprising for the average Canadian is that it cost us almost $5 billion a year. A tax cut is a tax expenditure. When we make a choice to have a tax cut, it is exactly the same as saying we could spend the $4.5 billion on health care, on child care or cleaning up the environment.

When we put a tax cut in place, it is a trade-off for a whole host of things that would impact Canadians' lives. That is not going to happen. I ask any Canadian watching to think about how many times in his or her life since that change was made has the reduction in the GST made a noticeable difference in his or her disposable income. I would say that for the most part, unless one made a really big major purchase, one is not going to see it.

If one is in the position to make a purchase like that it is not for the most part where we need the stimulation in the economy. That is certainly not where we need extra money. We need more money in the hands of ordinary working Canadians. Those who do not have jobs need some means of having money in their pockets to survive.

The close to $5 billion could have been far better spent on investments that would really improve the quality of life for all Canadians, not just the select few who are going out to replace their 50-foot yacht with a 60-foot yacht.

When the government talks about planning to do that again, I remind colleagues in the House that they are planning to do another cut sometime. Just remember, that as appealing as it might sound at first, taxpayers should ask themselves as citizens whether that last tax cut really improved life in any noticeable way, put any extra money in their pockets or allowed parents to give their kids a little extra money for what they need. These are the priorities for Canadians.

The next time we start talking about the second round, we intend in the NDP to ensure that we talk about not just how much it costs for this GST tax cut that is supposed to be coming but to also put beside that the alternative of what could be done with $4 billion to $5 billion a year at a time when so many Canadians are facing so many challenges. That money could be much better spent, much more along the lines of the NDP budget that we brought in a year and a half ago where we diverted money from profit-making corporations into investments in housing, education and in terms of environmental cleanup. Those are the priorities.

When we talk about this innocuous bill, it is important to talk about what is not in it that is both good and bad unless and until we get into committee and somebody points out to us a huge problem that we have not yet identified. And that could be, I say that very openly. Unless that happens for the most part, we have a bill that need not tie up this minority government and keep us away from the priorities that we have all identified, not the least of which is cleaning up the environment in Canada and ensuring that we have a national agenda that addresses properly greenhouse gas emissions.

Those are the priorities. The government has our support in principle at this point. However, on the notion of another GST cut, if there is $4 billion or $5 billion available in the budget, that money can go to more important priorities than just making sure that the very well off in the country get yet another tax cut.

That is not what is needed. What is needed is investment in the areas that we have responsibility for that can actually improve the lives of Canadians from coast to coast to coast. That should be the priority of the House. To that degree, we intend to move forward with that understanding on Bill C-40, unless of course things should change. As we all know, in a minority Parliament they could.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:45 p.m.

Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeParliamentary Secretary to the Minister of Human Resources and Social Development

Mr. Speaker, when the member talks about how little the two cent cut was in GST, I would like him to come to Saskatchewan and tell our premier that. His gift to the taxpayers of Saskatchewan was to close hospitals and shut down schools, and the roads are turning into prairie trails. What did our premier do? He took two cents off the sales tax and never made investments back into our province.

While our population is declining and our producers are having a difficult time with some of the difficulties with our agriculture safety nets, our premier does nothing but take two cents off the PST, the provincial sales tax. How does that square up with the member's philosophy?

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:45 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, inasmuch as she might like to have a provincial debate on Saskatchewan here on the floor of the House of Commons, that is not going to happen. The reality is that the governments in the provinces will govern as they deem in the best interests of their citizens.

However, let me say two things. First, it does not change one bit the fact that in our opinion, as the national NDP caucus, if we had up to $5 billion to invest, it would not be in a GST tax cut. That would not be our priority. There are other priorities for Canadians. Second, in terms of the agenda of the Government of Saskatchewan versus the agenda of the Conservatives of Canada, I will take the NDP agenda in Saskatchewan 10 times out of 10 over this agenda.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:45 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, the member mentioned the GST and I would like to ask him a short question. When the 1% cut in GST came in for low income people who could not afford to spend money on things to reap that benefit, it was not that helpful. However, the day the GST cut came in the income tax went up for low income people from 12% to 12.5%. I would like to ask the member, does he think that was fair, was that in the spirit of the generosity of Canada, and was that was good public policy?

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:45 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I would agree with the member that if we look at what has happened overall in Canada in the last 10 to 15 years, there was a major article over the weekend either in Maclean's or the Toronto Star. It might have been by Thomas Walkom. It was really good and talked about--

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:45 p.m.

Some hon. members

Oh, oh!

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:45 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, some of the government members are laughing and they would when these sort of things come up and we talk about unfairness because, quite frankly, if I were on the side that had everything, I would laugh if I heard someone representing the other side because we would not want it to take hold would we? The reality is that in Canada under the Conservatives and the Liberals, the old adage--and it is old--still rings true: the poor are getting poorer and there are more of them, and the rich are getting a lot richer.

The tax cuts that have taken place in the last decade in most governments have benefited the very wealthy far more than they have benefited the poor. When the government talks about tax cuts, nine times out of ten the real benefit is for those who already have. It is so tough for an ordinary working family, let alone someone who is in poverty, who cannot find employment, who cannot find hope anywhere, to have a voice in this place other than the odd little crumb that gets tossed overboard and the government says, “See? We care about the poor”.

What we really need is fundamental change in terms of fairness. The question is, is everybody in Canada being treated fairly by our tax system? The answer is no.

As we see the Conservative government's agenda so far and its plans going into the future, I say to the hon. member who asked me the question that they are not going to change. They are not going to benefit the very people he was asking about, but indeed, the government will take care of its Conservative friends. It will make them very happy and will help them to continue putting money into their war chest and hence the laughter and hence the Conservative agenda.

The poor are not served well--

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:50 p.m.

The Acting Speaker Andrew Scheer

Order. Questions and comments. The hon. Parliamentary Secretary to the Minister of Public Works.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:50 p.m.

Port Moody—Westwood—Port Coquitlam B.C.

Conservative

James Moore ConservativeParliamentary Secretary to the Minister of Public Works and Government Services and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics

Mr. Speaker, I believe that in 2007 the NDP is going to celebrate the 75th anniversary of the creation of the CCF and the NDP. I want to congratulate the member for Hamilton Centre for giving a speech demonstrating why in 75 years the NDP has never formed the government of this country.

He mentioned the fact that in our budget we cut the GST. We did and we are proud and we are going to do it again.

In our budget we cut taxes 29 times, and it was not just cutting the GST. We did help families, the very people that he brags and talks about, people who need help and who need support from the government. We are standing up for them.

I know for a fact that my sister and my little niece, Abby, love the fact that our government is giving her $1,200 a year. Our family loves the fact that they are going to get $500 to alleviate the costs of amateur sport. Businesses in my riding love the fact that they are going to get the tax credit necessary to help trades.

We had 29 tax cuts to help small businesses, to help families, to help kids, and to do the things that this country needs to keep moving in the right direction.

In 75 years the NDP has been wrong in every major economic decision in this country. The NDP was on the wrong side of the free trade agreement, the wrong side of NAFTA, the wrong side of this budget, the wrong side of tax policy. I congratulate the NDP for pointing that out so those members can stay in that little corner over there for 75 more years.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:50 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, that is interesting and it is fun and I appreciate the time that the parliamentary secretary has taken, but there are a couple of things.

First of all, your $1,200 a year, sure, who is not going to be happy if they get a cheque for 1,200 bucks a year, $100 a month? Are people going to say no? But that does not address the need that hundreds of thousands if not millions of women in particular are facing in terms of trying to find adequate, healthy child care that is affordable so they can go on and build the kind of life that you already have. Your $1,200 was a buy-off. It was not a child care system.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:50 p.m.

The Acting Speaker Andrew Scheer

I remind the hon. member that it was not my $1,200. The member should address his comments through the Chair and refer to the hon. parliamentary secretary by either his title or by his riding name.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:50 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Thank you, Mr. Speaker, I am sliding back into Queen's Park ways. I apologize and will try to be more vigilant.

The member talked about the fact that he is pleased we are over here and that we have not formed the government. We would have liked that opportunity and we still strive toward that, but were it not for a small and sometimes smaller NDP caucus in this House, were it not for the fact that the NDP and the CCF were here, we would not have the Canada pension plan. We would not have our universal health care plan. We would not have an employment insurance system that is meant to help unemployed workers.

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:50 p.m.

Some hon. members

Oh, oh!

Sales Tax Amendments Act, 2006Government Orders

January 30th, 2007 / 1:50 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, there they go again. The government members are laughing again, but it is not that funny to the Canadians who benefit from those programs, because the Conservatives are not going to lead on those issues. That is why it took the NDP and the CCF being in the House to bring about those changes that affect the lives of hundreds of thousands of Canadians.

Whether or not we ever end up in the cabinet room, I am a proud New Democrat. I am proud of the impact we as a small caucus have had on the national agenda in helping millions of people who otherwise would not have a voice in this place.