Budget and Economic Statement Implementation Act, 2007

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 implements goods and services tax and harmonized sales tax (GST/HST) measures proposed in the March 19, 2007 Budget but not included in the Budget Implementation Act, 2007, which received Royal Assent on June 22, 2007. Specifically, the Excise Tax Act is amended to
(a) increase the percentage of available input tax credits for GST/HST paid on meal expenses of truck drivers from 50% to 80% over five years beginning with expenses incurred on or after March 19, 2007;
(b) increase the GST/HST annual filing threshold from $500,000 in taxable supplies to $1,500,000 and the annual remittance threshold from $1,500 to $3,000, both effective for fiscal years that begin after 2007;
(c) increase the GST/HST 48-hour travellers’ exemption from $200 to $400 effective in respect of travellers returning to Canada on or after March 20, 2007; and
(d) implement changes to the rules governing self-assessment under Division IV of Part IX of the Excise Tax Act to ensure that GST/HST applies appropriately in respect of intangible personal property acquired on a zero-rated basis and consumed in furthering domestic activities, applicable to supplies made after March 19, 2007.
Part 2 amends the non-GST portion of the Excise Tax Act to implement measures announced in the March 19, 2007 Budget. Specifically, the excise tax exemptions for renewable fuels, including ethanol and bio-diesel, are repealed, effective April 1, 2008.
Part 3 implements income tax measures proposed in the March 19, 2007 Budget but not included in the Budget Implementation Act, 2007, which received Royal Assent on June 22, 2007. In particular, it
(a) introduces a new Working Income Tax Benefit;
(b) eliminates income tax on elementary and secondary school scholarships;
(c) eliminates capital gains tax on donations of publicly-listed securities to private foundations;
(d) enhances the child fitness tax credit;
(e) expands the scope of the public transit tax credit;
(f) increases the lifetime capital gains exemption to $750,000;
(g) increases the deductible percentage of meal expenses for long-haul truck drivers;
(h) provides tax relief in respect of the 2010 Winter Olympic and Paralympic Games;
(i) allows for phased-retirement options for pension plans;
(j) extends the mineral exploration tax credit;
(k) enhances tax benefits for donations of medicine to the developing world;
(l) streamlines the process for prescribed stock exchanges;
(m) introduces an investment tax credit for child care spaces;
(n) introduces a new withholding tax exemption with respect to certain cross-border interest payments;
(o) prevents double deductions of interest expense on borrowed money used to finance foreign affiliates (the Anti-Tax-Haven Initiative);
(p) eases tax remittance and filing requirements for small business;
(q) introduces a mechanism to accommodate functional currency reporting;
(r) provides certain tobacco processors that do not manufacture tobacco products with relief from the Tobacco Manufacturers’ Surtax; and
(s) provides authority for regulations requiring the disclosure by publicly traded trusts and partnerships of information enabling investment managers to prepare the tax information slips that they are required to issue to investors on a timely basis.
Part 4 implements the disability savings measures proposed in the March 19, 2007 Budget. The measures are intended to support long-term savings through registered disability savings plans to provide for the financial security of persons with severe and prolonged impairments in physical or mental functions. Part 4 contains amendments to the Income Tax Act to allow for the creation of registered disability savings plans. It also enacts the Canada Disability Savings Act. That Act provides for the payment of Canada Disability Savings Grants in relation to contributions made to those plans. The amount of grant is increased for persons of lower and middle income. It also provides for the payment of Canada Disability Savings Bonds in respect of persons of low income.
Part 5 implements measures that provide for payments to be made to provinces as a financial incentive for them to eliminate taxes on capital under certain circumstances.
Part 6 enacts the Bank for International Settlements (Immunity) Act.
Part 7 amends the Pension Benefits Standards Act, 1985 to permit phased retirement arrangements in federally regulated pension plans by allowing an employer to simultaneously pay a partial pension to an employee and provide further pension benefit accruals to the employee. These amendments are consistent with amendments to the Income Tax Regulations to permit phased retirement.
Part 8 authorizes payments to be made out of the Consolidated Revenue Fund for the purpose of Canada’s contribution to the Advance Market Commitment.
Part 9 amends the Canada Oil and Gas Operations Act to authorize the National Energy Board to regulate traffic, tolls and tariffs in relation to oil and gas pipelines regulated under that Act.
Part 10 amends the Farm Income Protection Act to allow financial institutions to hold contributions under a net income stabilization account program.
Part 11 amends the Federal-Provincial Fiscal Arrangements Act to provide for an additional fiscal equalization payment that may be paid to Nova Scotia and Newfoundland and Labrador. This Part also specifies the time and manner in which the calculation of fiscal equalization payments will be made and it amends that Act’s regulation-making authority. In addition, this Part makes consequential amendments to other Acts.
Part 12 amends the Canada Education Savings Act to clarify the authority of the Minister of Human Resources and Social Development to collect, on behalf of the Canada Revenue Agency, any information that the Canada Revenue Agency requires for purposes of administering the registered education savings plan tax provisions.
Part 13 authorizes payments to be made out of the Consolidated Revenue Fund to an entity, designated by the Minister of Finance, to facilitate public-private partnership projects.
Part 14 implements tax measures proposed in the October 30, 2007 Economic Statement. With respect to income tax measures, it
(a) reduces the general corporate income tax rate;
(b) accelerates the tax reduction for small businesses;
(c) reduces the lowest personal income tax rate, which automatically reduces the rate used to calculate non-refundable tax credits and the alternative minimum tax; and
(d) increases the basic personal amount and the amount upon which the spouse or common-law partner and wholly dependent relative credits are calculated.
Part 14 also amends the Excise Tax Act to implement, effective January 1, 2008, the reduction in the goods and services tax (GST) and the federal component of the harmonized sales tax (HST) from 6% to 5%. That Act is amended to provide transitional rules for determining the GST/HST rate applicable to transactions that straddle the January 1, 2008, implementation date, including transitional rebates in respect of the sale of residential complexes where transfer of ownership and possession both take place on or after January 1, 2008, pursuant to a written agreement entered into on or before October 30, 2007. The Excise Act, 2001 is also amended to increase excise duties on tobacco products to offset the impact of the GST/HST rate reduction. The Air Travellers Security Charge Act is also amended to ensure that rates for domestic and transborder air travel reflect the impact of the GST/HST rate reduction. Those amendments generally apply as of January 1, 2008.

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. 13, 2007 Passed That the Bill be now read a third time and do pass.
Dec. 10, 2007 Passed That Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007, be concurred in at report stage.
Dec. 10, 2007 Failed That Bill C-28 be amended by deleting Clause 181.
Dec. 4, 2007 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 11th, 2007 / 5:15 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, on behalf of the NDP caucus, I am pleased to join in the debate on the fall 2007 economic statement, or Bill C-28 as it is called.

I know the public and our colleagues in the House have not heard much of the NDPs opinion on the bill. Therefore, I am glad to enlighten them somewhat as to our objections with it and why we do not support the government in its economic statement, especially as it pertains to its ideological zeal or orthodoxy that all of Canada's social, economic and infrastructure ills can be solved by even deeper corporate tax cuts.

We have to challenge that very premise. We have to challenge the very theme or motif that seems to make the government tick. The Conservatives have been raised on the orthodoxy that all the country needs is lower corporate tax cuts. In that ideology, the Conservatives are in competition with the Liberals, who also believe it. They are playing some reckless game of chicken with our budgets and with the tax dollars of Canadians.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 11th, 2007 / 5:15 p.m.


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NDP

Alexa McDonough NDP Halifax, NS

Other people will get hurt.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 11th, 2007 / 5:15 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

As my colleague says, other people will get hurt in this game of chicken. It is like two teenagers on a road race down a dark country road, hell-bent and determined to get more reckless and careless than the other. However, there is a lot of collateral damage with that kind of irresponsible behaviour.

Clearly the Conservatives are trying to impress corporate Canada. One thing we should keep in mind is the Conservatives do not have to deliver wheelbarrows of guilt to corporate Canada any more. We have changed the election financing laws. There is no reciprocity any more. Corporate Canada cannot buy the government. It does not have to be bought. The Conservative government can break this pattern. It can cast off the shackles of its obligations to corporate Canada. Corporate Canada can no longer sponsor the Conservative Party, not legally at least.

What is frustrating for me is the irresponsible recklessness that is embodied in Bill C-28. The government has undermined and left behind the fiscal capacity to do anything to build Canada. Cutting, hacking and slashing will not build a great nation. That seemed to be the ideology throughout the 1990s and creeping into this decade as well.

We cannot build a great nation by letting our infrastructure suffer, by letting our social infrastructure deteriorate to the point where education and housing and all those basic fundamentals are falling by the wayside. It is more apparent in areas of low income and poverty. I know members are well aware of the inner city of Winnipeg. In my riding 47% of the families live below the poverty line, 52% of all children.

When economic and social policy ignore these basic needs, it is felt more acutely by those who are already at the margins and, by negligence, if they are already struggling, they are pushed over the edge into abject poverty.

This is not unique to the Conservative budgets that we have seen to date. I have been here since 1997. This pattern developed since 1993 when the Liberals took over. Most of the years I have been here, I have been under the Liberal regime. I really cannot blame the Conservatives for the social conditions in my riding. They have not had time to undermine and destroy anything in my riding yet, although they seem hell-bent and determined to match the Liberals in their record.

When the Liberals took over, they embarked on the most neo-Conservative, right wing agenda that our country had ever seen, possibly in the world. Their fiscal policy was completely in keeping with the Thatcherism, the Reaganism and the neo-Conservatism that the country had just rejected. It was an outdated ideology that bordered on cruelty, when we look at how it manifested itself in my riding of Winnipeg Centre.

I once heard the Reverend Jesse Jackson speak. He told an audience of trade unionists that if there were five children but only three pork chops, the solution would not be to kill two of the children. He went on to say that neither was the solution to carve those three pork chops into five equal pieces because then all the children would go to bed hungry and no one would get everything they needed.

The social democratic or trade union point of view to that scenario is to challenge the whole notion that there are only three pork chops, to challenge the absolute lie that we do not have the wealth in this country to provide the basic needs for a family to survive. Those who are saying that are lying. We live in the richest and most powerful civilization in the history of the world.

He said not to ever let anybody say that we cannot afford to provide the basic needs for a family to survive, and not just survive, but to flourish, to prosper and to develop themselves to their true potential, instead of the terrible loss of human potential we see when 52% of children in my riding live below the poverty line. That is the urgent need that we bring to the House. That is the message that we bring.

My colleague from Sault Ste. Marie has tirelessly tried to remind Canadians that, yes, we are in a bubble of economic prosperity, and yes, it is a boom time for Canada, that regionally we are doing very well and productivity and profits are way up, but we are leaving so many people behind. Among those are kids who are living in poverty and not realizing their true potential. There are so many stories to be told and opportunities that might be told.

The only real measurement of how we are doing as MPs, as elected representatives, is to ask whether we are showing any tangible benefits in terms of elevating the standard of living of the people we represent. Surely that is why people send us here. They say to me, “You are one of us. Go to Ottawa and do your best to make my life better”. That is summing it up in very simple terms. That is our goal and objective.

One of the most effective economic policy instruments we have to redistribute wealth in an equitable way, if that is still one of our goals as a nation, is a fair taxation policy. Fair taxation is a way of levelling the playing field. We encourage good behaviour by the way we tax businesses and we discourage bad behaviour by making sure that individual Canadians are not overtaxed and that taxes are used to provide public services so that everyone has access to them equally. That is one of the basic tenets on which our country was founded and built.

We can measure that by something put out by Statistics Canada from time to time, the income quintile distribution. It divides the economic spectrum into earnings, average family income, the bottom quintile 20% to the top 20%. I argue that this might be the only meaningful statistical measurement that we need to pay any attention to. The results are shocking.

We have lived through 10 or 11 surplus budgets now and we have set records every time. There have been billions and billions of dollars in surplus, which I remind everyone came from our pockets. That is our money. Rather than put it toward the needs that we have identified, in a very reckless and spend free way, first the Liberals and then the Conservatives decided that the best use for that money was not to address the pressing social deficit but to provide more and more tax breaks for their buddies on Bay Street.

The income quintiles that I am talking about are in a chart, which I would be happy to table for the edification of any members who may not be able to see this far away at this end of the House. The bottom quintile, the lowest earning Canadian families, in the period of 1985 to 2005, in constant 2005 dollars actually went down 11%. In a period of unprecedented economic growth and fabulous economic opportunities for the top quintile, the highest earners in the country, it rose 16%. That is a 27% spread between the lowest earners and the highest earners.

Surely it would be our goal through a fair taxation policy to elevate the standards of the lowest to perhaps get into the medium. Their average family earning actually dropped in 2005 constant dollars by 11%.

For the second quintile, usually working families making around $30,000 a year, their actual earnings dropped by 4%. We are not making this stuff up; this is Statistics Canada information. For the third quintile, probably tradespeople, nurses, teachers, bus drivers around the $45,000 a year average family income, their real purchasing power dropped by 2%. Then when we get up to the top quintile, families making $118,000 to $147,000 per year, they rose 16%.

The rich are doing a lot better. The poor will have slipped even further behind. It is a tired cliché that the rich get richer and the poor get poorer. People get tired of hearing that, but in Canada it is true.

In spite of having a Liberal government, a government that ran from the left and governed from the right, after 13 years of Liberal government, the Liberals will not even stand and oppose this bill now. They sit on their hands even though they claim they are ideologically opposed to this bill.

Coming from the core area of Winnipeg, some of the social policies that the Liberals made, the cutting and hacking and slashing that they did on every social policy by which we define ourselves as Canadians had a profound impact on the quality of life of the people I represent, in fact a deleterious impact. We went backward in that period of time. There were surplus budgets, but relentless constant cutbacks to social programs. Let me give one example.

The former prime minister, the member for LaSalle—Émard, was very proud that he announced $100 billion in tax cuts. Again the Liberals were in some kind of a competition with the Conservatives as to who could cut and hack and slash taxes more deeply. Where did he get that $100 billion?

Well, $30 billion came from the surplus in the EI fund, of all places, taking it--my colleague used the term “steal”, but I do not know if I can get away with that--but certainly that is like another tax on working people. If we deduct something from people's paycheques and promise them a benefit if they become unemployed and then deny them that benefit, that is not the government's money, it is an insurance fund and it should have gone to benefit the unemployed. That is where $30 billion came from.

Another $30 billion of the $100 billion the Liberals gave away in tax cuts came from the surplus in the public service pension plan. People forget that. Marcel Masse's last move as the president of the Treasury Board before retiring was to change the law so that any surplus in the public service pension plan is not the property of the employees. It is not even to be shared between management and labour. It is the exclusive property of management. They scooped $30 billion out of the benefits from public service pensioners, most of whom are women and whose average pension is $9,000 a year. The Liberals could have doubled the average pension of those seniors living in poverty who had worked their whole career, instead of giving it to their friends.

The third $30 billion out of that $100 billion the Liberals gave away to their corporate buddies was from cuts and hacks and slashing to the Canada health and social transfer, the social programs.

That is where the Liberals scooped up $100 billion to give away. That is their idea of redistributing wealth. They take it from low income seniors through the pension plan, from unemployed people through the EI fund and from cuts and hacks to social spending. That was their idea. They were the most right-wing ideological neo-conservatives this country has ever seen. The current government has a long way to go before it ever gets as right-wing as the Liberals were because we have never seen a finance minister like that and certainly not a prime minister like that.

Let me get to the Conservatives. These guys are about to squander wastefully $190 billion of fiscal capacity. That is a Conservative trait I have come to know on the Prairies because I watched the Saskatchewan government experience. I have seen waste by Conservatives the likes of which no one will ever see again. People would not believe how wasteful and irresponsible they are.

Somehow they try to sell themselves as fiscally responsible, that because they are from the business community they are businesslike and responsible. Since Enron, nobody thinks that being businesslike is being responsible. The two do not go hand in hand.

We watched the Blakeney government with nine or ten years of balanced budgets. Before that, there was the Tommy Douglas government in Saskatchewan with 17 years of balanced budgets and responsible social program development. Then the Grant Devine government came in and eight years in a row--

Budget and Economic Statement Implementation Act, 2007Government Orders

December 11th, 2007 / 5:30 p.m.


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The Deputy Speaker Bill Blaikie

Order. I am sorry to interrupt the hon. member for Winnipeg Centre, but it is 5:30 p.m. and the House will now proceed to the consideration of private members' business as listed on today's order paper.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5 p.m.


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The Acting Speaker Andrew Scheer

The hon. member for Winnipeg Centre has four and a half minutes remaining his allotted time.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I will use my four minutes to address Bill C-28, but I will preface my remarks by stating how I can barely give my speech on Bill C-28 because I am so angry. My blood is boiling over the way the Liberals and the Conservatives conspired to deny me my right to vote.

I am serving notice right now that I will be raising a question of privilege at a later time. I will be filing a formal complaint in that vein because these guys and you, Mr. Speaker, have been cobbled into this compact between the Liberals and the Conservatives to deny us our democratic right to vote.

I think you have been used by these guys, Mr. Speaker, and I draw your attention to the fact that the very chapter and verse that you cited said--

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5 p.m.


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The Acting Speaker Andrew Scheer

The member for Wild Rose is rising on a point of order.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5 p.m.


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Conservative

Myron Thompson Conservative Wild Rose, AB

Mr. Speaker, I think there is a time and a place to deal with the Standing Orders that exist. That is the way we do it and I would ask for the member to get on topic.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5:05 p.m.


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The Acting Speaker Andrew Scheer

The hon. member, I believe, is making a point on relevance and I think he makes a good point. At third reading, remarks should be limited to the legislation before the House.

The hon. member for Winnipeg Centre.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5:05 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am surprised by the intervention by my colleague from Wild Rose, who I know is a democrat and who I know believes in the democratic process. I believe the member for Wild Rose worked just as hard as I did to get here and earn his seat in the House of Commons so that he could vote in a democratic way.

We should all be outraged when two parties conspire to deny the right to vote to the third and the fourth parties in this House.

Everyone here knows that the rule you read, Mr. Speaker, says that by agreement of the government and the opposition whips they may agree to curtail the bells and come and vote. It does not say that the government and the official opposition whips can come together to deny the vote of any other minority party in this House. This really, really bugs me. It is not even that important a vote.

Let me reverse, then, with what little time I have, to talk about why we are opposing Bill C-28, which clearly is the irritant that motivated the government and the Liberals to conspire against democracy today and deny me my privilege, my right to vote in the House of Commons. That is because we oppose Bill C-28. We oppose the fall 2007 economic update for a number of very good reasons.

First of all, it simply takes Canada further in the wrong direction in terms of economic policy for this country. It is not a balanced approach. It is weighted heavily on the side of this ideological vision of the Conservatives that all of our social ills, all of our economic ills and all of our problems with the manufacturing sector can be solved by deeper and deeper corporate tax cuts. That ideology has been disproved any number of times.

I point out that we are the victims of a kind of game of chicken, a race between the Conservatives and the Liberals as to who can cut corporate taxes faster. The Minister of Finance, when he was first crafting this economic update, was saying that he would reduce corporate taxes from 22% to 19.5% to 18%.

The Liberals then said they would do it even faster and deeper if they were in power, so the Minister of Finance said that if the Liberals wanted it deeper, here was deeper. Then he decided to move it to 16.5% in 2011 and to just 15% in 2012. This is literally a reckless, irresponsible game of chicken, which results in the squandering of the fiscal capacity of this government and future governments to meet the social deficit and all the other necessary spending that we promised Canadians.

Fair taxation policy is an economic instrument for the redistribution of wealth. It is a way that we can all benefit in the bounty of this great nation by investing in public services so that people from all income strata can benefit. Those guys over there are completely and 110° in the wrong direction.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5:05 p.m.


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The Deputy Speaker Bill Blaikie

Before we proceed to questions and comments, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Yukon, Aboriginal Affairs; and the hon. member for Pickering—Scarborough East, Justice.

Questions and comments. The hon. member for Western Arctic.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5:05 p.m.


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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I recognize that my hon. colleague did not really have his four and a half minutes to speak. I want to go back to some of the other provisions within the act which we see the Liberals now supporting, in particular, the reduction of the GST by 1%.

Originally the Liberals said this was not a good idea. They stood up and said over and over again that this did not work in the economy. It is a decrease of about $5 billion a year in the country's revenue.

Basically, then, we should take these 100 members--or 95 members, as the Liberal caucus keeps reducing--and divide that number. The Liberal Party's fear of an election has reduced the government's ability to govern by about $50 million a member over on that side. The Liberals' fear of the electorate has driven them to this incredible point in parliamentary democracy.

I will ask my hon. colleague if he can understand the rationale of the Liberal members. How can anyone stand here representing and speaking for Canadians from the point of view that has carried them through elections, but then turn around and do this to the citizens of Canada? How does that strike my hon. colleague?

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5:10 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I thank my colleague from Western Arctic for his thoughtful analysis of the economic update that we are dealing with today.

Clearly, with regard to the budget surpluses that keep getting sprung on us, the huge budget surpluses every year for 10 years in a row, we get surprised by them, as these phantom surpluses seem to show up out of nowhere. The government's choice to squander half of that surplus on the 1% cut to the GST is simply not benefiting the people who most need assistance in today's economy.

It shows how out of touch the Liberals and the Conservatives are, because when the people in my riding, the low income riding of Winnipeg Centre, heard that the Conservatives were going to cut the GST, the people I represent thought they were going to cut their GST cheques. When people are poor, cutting the GST means cutting their regular GST refunds. They wondered what the Conservatives were doing cutting their GST. They asked what they heck they were up to.

The Liberals and the Conservatives are just so out of touch. The fact is that the really poor low income people are not going to benefit from the 1% GST cut because they get GST rebates anyway. Those guys simply do not understand.

We know who will benefit: somebody buying a brand new car. I suppose he or she will enjoy a couple hundred bucks of benefit. Somebody buying a brand new house would, I suppose, get a $2,000 or $3,000 benefit. That is all well and good, but this is a $5 billion price tag. I ask my colleagues to think of what we could do with that $5 billion that would make a meaningful impact.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 12th, 2007 / 5:10 p.m.


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An hon. member

A national child care program.