Budget Implementation Act, 2008

An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget

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 enacts a number of income tax measures proposed in the February 26, 2008 Budget. In particular, it
(a) introduces the new Tax-Free Savings Account, effective for the 2009 and subsequent taxation years;
(b) extends by 10 years the maximum number of years during which a Registered Education Savings Plan may be open and accept contributions and provides a six-month grace period for making educational assistance payments, generally effective for the 2008 and subsequent taxation years;
(c) increases the amount of the Northern Residents Deduction, effective for the 2008 and subsequent taxation years;
(d) extends the application of the Medical Expense Tax Credit to certain devices and expenses and better targets the requirement that eligible medications must require a prescription by an eligible medical practitioner, generally effective for the 2008 and subsequent taxation years;
(e) amends the provisions relating to Registered Disability Savings Plans so that the rule forcing the mandatory collapse of a plan be invoked only where the beneficiary’s condition has factually improved to the extent that the beneficiary no longer qualifies for the disability tax credit, effective for the 2008 and subsequent taxation years;
(f) extends by one year the Mineral Exploration Tax Credit;
(g) extends the capital gains tax exemption for certain gifts of listed securities to also apply in respect of certain exchangeable shares and partnership interests, effective for gifts made on or after February 26, 2008;
(h) adjusts the rate of the Dividend Tax Credit to reflect corporate income tax rate reductions, beginning in 2010;
(i) increases the benefits available under the Scientific Research and Experimental Development Program, generally effective for taxation years that end on or after February 26, 2008;
(j) amends the penalty for failures to remit source deductions when due in order to better reflect the degree to which the remittances are late, and excuses early remittances from the mandatory financial institution remittance rules, effective for remittances due on or after February 26, 2008;
(k) reduces the paper burden associated with dispositions by non-residents of certain treaty-protected property, effective for dispositions that occur after 2008;
(l) ensures that the enhanced tax incentive for Donations of Medicines is properly targeted, effective for gifts made after June, 2008; and
(m) modifies the provincial component of the SIFT tax to better reflect actual provincial tax rates, effective for the 2009 and subsequent taxation years.
Part 1 also implements income tax measures to preserve the fiscal plan as set out in the February 26, 2008 Budget.
Part 2 amends the Excise Act, the Excise Act, 2001 and the Customs Tariff to implement measures aimed at improving tobacco tax enforcement and compliance, adjusting excise duties on tobacco sticks and on tobacco for duty-free markets and equalizing the excise treatment of imitation spirits and other spirits.
Part 3 implements goods and services tax and harmonized sales tax (GST/HST) measures proposed or referenced in the February 26, 2008 Budget. It amends the Excise Tax Act to expand the list of zero-rated medical and assistive devices and to ensure that all supplies of drugs sold to final consumers under prescription are zero-rated. It also amends that Act to exempt all nursing services rendered within a nurse-patient relationship, prescribed health care services ordered by an authorized registered nurse and, if certain conditions are met, a service of training that is specially designed to assist individuals in coping with the effects of their disorder or disability. It further amends that Act to ensure that a variety of professional health services maintain their GST/HST exempt status if those services are rendered by a health professional through a corporation. Additional amendments to that Act clarify the GST/HST treatment of long-term residential care facilities. Those amendments are intended to ensure that the GST New Residential Rental Property Rebate is available, and the GST/HST exempt treatment for residential leases and sales of used residential rental buildings applies, to long-term residential care facilities on a prospective basis and on past transactions if certain circumstances exist. This Part also makes amendments to relieve the GST/HST on most lease payments for land on which wind or solar power equipment used to generate electricity is situated.
Part 4 dissolves the Canada Millennium Scholarship Foundation, provides for the Foundation to fulfill certain obligations and deposit its remaining assets in the Consolidated Revenue Fund, and repeals Part 1 of the Budget Implementation Act, 1998. It also makes consequential amendments to other Acts.
Part 5 amends the Canada Student Financial Assistance Act and the Canada Student Loans Act to implement measures concerning financial assistance for students, including the following:
(a) authorizing the establishment and operation, by regulation, of electronic systems to allow on-line services to be offered to students;
(b) providing for the establishment and operation, by regulation, of a program to provide for the repayment of student loans for classes of borrowers who are encountering financial difficulties;
(c) allowing part-time students to defer their student loan payments for as long as they continue to be students, and providing, by regulation, for other circumstances in which student loan payments may be deferred; and
(d) allowing the Minister of Human Resources and Skills Development to take remedial action if any error is made in the administration of the two Acts and in certain cases, to waive requirements imposed on students to avoid undue hardship to them.
Part 6 amends the Immigration and Refugee Protection Act to authorize the Minister of Citizenship and Immigration to give instructions with respect to the processing of certain applications and requests in order to support the attainment of the immigration goals established by the Government of Canada.
Part 7 enacts the Canada Employment Insurance Financing Board Act. The mandate of the Board is to set the Employment Insurance premium rate and to manage a financial reserve. That Part also amends the Employment Insurance Act and makes consequential amendments to other Acts.
Part 8 authorizes payments to be made out of the Consolidated Revenue Fund for the recruitment of front line police officers, capital investment in public transit infrastructure and carbon capture and storage. It also authorizes Canada Social Transfer transition protection payments.
Part 9 authorizes payments to be made out of the Consolidated Revenue Fund to Genome Canada, the Mental Health Commission of Canada, The Gairdner Foundation and the University of Calgary.
Part 10 amends various Acts.

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

June 9, 2008 Passed That the Bill be now read a third time and do pass.
June 2, 2008 Passed That Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, be concurred in at report stage.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 121.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 116.
April 10, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 10, 2008 Passed That this question be now put.
April 9, 2008 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the Bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and also fail to recognize that family reunification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters”.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 12:55 p.m.


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Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-50. I will dedicate most of my comments today to addressing the issue of the so-called immigration reforms or changes that the Conservative government is proposing within the bill.

First we need to ask ourselves a question. Why are the Conservatives introducing immigration changes or amendments to the immigration act within a budget? It does not take a rocket scientist to figure out that this is not a budgetary matter. This is a policy matter that should have been introduced as a separate bill where the policies could have been discussed extensively, where the Standing Committee on Citizenship and Immigration could have completed its study and examination of those proposals and offered its opinion, and then it could have been voted upon.

However, the Conservatives have chosen, under the cloak of $20 million, to introduce it within the budget bill. Many Canadians are asking why immigration changes have been introduced through the budget. That is a very good question that needs a real and honest answer.

The fact is that the Conservatives have been misleading Canadians and making things up about these changes because they are unable to explain their purpose. They claim that these changes will help reduce the backlog, which is now around 900,000 applications. However, if we were to actually read the proposed changes we would see that these changes will not take effect until February 2008. These reforms will not address the 900,000 applications that are already in the backlog. They will still need to be dealt with using the existing rules.

The government claims that the minister will not use this power, which the bill would give her, to limit the number of applications the government receives. How can the government draw that circle when it says that it will expedite economic immigrants but that it will not slow down family reunification? It also says that it will cut the backlog, that it will be transparent and that it will do everything by the book, but that it is important to give the minister unchecked discretionary power in order to implement these changes.

The fact is that if the government tries to expedite economic immigrants and keep the target of immigrants the same, this will happen at the expense and on the backs of family reunification, and that is of concern to many Canadians.

Many Canadians are keen that we attract economic immigrants who address our economic needs. Nobody is arguing against that. Also, nobody is arguing that the immigration system needs reform. However, to assume that the only way to fix these issues is to give the minister of immigration these powers, regardless of who the minister is or which party is in power, is a shortsighted solution and it will not help. In fact, it will only introduce powers where a lot of questions can be asked when they are applied.

What we need to do is fix the immigration system in a systematic and comprehensive way. We need to see where the issues are and apply more resources. We need to be wise and thoughtful about how and when we process our immigration applications.

This disingenuous proposal that by giving the minister unchecked discretionary power we can solve the backlog problem, does not stand up to scrutiny. The reality is that this is an ill-advised, ineffective, short-sighted proposal on which it makes it very tempting to bring down the government. I would like to see the Conservative government go yesterday before today. I do not believe it has the best policies for this country nor do I believe it is able to come up with thoughtful, reasonable, practical and pragmatic policies.

However, this is the choice we have. Let there be no doubt that we disagree and oppose these immigration changes. The question that remains is when should we have an election. I know the Conservatives will not like it, but we will choose that timing.

I am quite disappointed with the NDP. If it had been up to the NDP, we would have had 17 elections by now, even though it is the party that claims it wants Parliament to work. The NDP is the reason that we lost the child care agreement with the provinces and the reason that we do not have a Kelowna accord.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Because you are a bunch of crooks and the Canadian people threw you out.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1 p.m.


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Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

The NDP is the reason that we had a Christmas election.

We will choose when the election takes place and, when it does take place, the NDP will need to explain to Canadians why, if it is such a progressive party, it did not work with the Liberals on criticizing and holding the Conservatives in check. The NDP appears to spend most of its time criticizing the Liberals because it knows they are--

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1 p.m.


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Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Mr. Speaker, I rise on a point of order. I am fascinated by what the member has to say but I cannot hear him very well over all the noise coming from the New Democrats. I wonder if they could keep it down.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1 p.m.


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The Acting Speaker Royal Galipeau

Is the hon. member for Halifax rising on the same point of order?

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1 p.m.


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NDP

Alexa McDonough NDP Halifax, NS

Mr. Speaker, actually I was going to rise on a point of much greater importance and ask the member a question, but I will wait my turn.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1 p.m.


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The Acting Speaker Royal Galipeau

The hon. member for Mississauga—Erindale still has three minutes and if we are all patient we can ask questions of him afterward . There will be five minutes of questions and comments and if we keep our questions short we can get more questions in.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1 p.m.


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Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, the question the NDP will have to answer for Canadians is why it is spending so much time attacking the Liberals. Instead of doing its job, it expects progressive parties to attack and criticize the Conservatives.

It is very transparent that the NDP is obsessed with its own political gains. We will see what its gains are in the next election because it plays no role when we have a Conservative government. It could have been playing a much more effective role acting as a progressive voice and standing up to the ideological Conservative policies but instead it is obsessed with its own political standing with Canadians, which, by the way, is very transparent and Canadians are not buying it.

I do not agree with the immigration reforms and I do not support the immigration reforms, and when the Liberals gain the government after the next election, we will reverse these changes. The issue now is when we should have an election. The leader of the Liberal Party will choose when to have an election and we will ask Canadians to choose between the bad old Conservatives and the new, reintegrated Liberal Party.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1:05 p.m.


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NDP

Alexa McDonough NDP Halifax, NS

Mr. Speaker, the member asked several questions and deserves answers.

Why is the New Democratic Party attacking the Liberals for what they are doing in this House? Why are we not attacking the Conservative government for its draconian policies?

Let me set the record straight. On 23 or 24 occasions, with the most draconian policies being the subject of votes in this House, the New Democratic Party has voted against them. On those same 23 or 24 votes, the Liberal Party either has failed to vote at all or has had seven or eight members sit in their seats while the rest hid behind the curtain or stayed out in the lobby. To me, the most cynical manoeuvre of all is to put up seven or eight or nine or ten token votes knowing that they are insufficient to have any effect in actually calling the Conservative government to account.

Personally, I would rather know how draconian the Conservatives are. Then I can vote against them, rather than do what that Liberal Party and its Liberal caucus do, which is to pretend they are opposing them but not use the power, responsibility and mandate they were given to come in here and stand up against those policies. The Liberals have hardly done that once since the Conservative government was elected.

Now I have a quick question. Does that member not understand that it is not only the 30 New Democrat members of Parliament who are offended by what the Liberals are doing in fraudulently posing as the official opposition? Does he not understand that Canadians are aghast at the self-serving cynical politics of convenience the Liberals are demonstrating, when they want these policies stopped? The worst policies of the government are its budgetary policies, with the immigration policies and the EI changes the government is sneaking in as part of the budget, on which Liberal after Liberal has stood up and screamed and yelled--

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1:05 p.m.


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The Acting Speaker Royal Galipeau

If the hon. member for Mississauga—Erindale takes equal time to respond, there will not be enough time for a second question.

The hon. member for Mississauga—Erindale has the floor.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1:05 p.m.


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Liberal

Omar Alghabra Liberal Mississauga—Erindale, ON

Mr. Speaker, I want to thank the hon. member who asked the question for her service to the House of Commons and to her constituents. She has announced her retirement. I have great respect for the hon. member and I accept her questions.

The hon. member talked about cynicism. I wish she would stand up and answer why her party abstained on the softwood vote when we in the House of Commons voted on it. The NDP abstained on that vote. While the NDP members spoke so much in opposition to that vote, they abstained.

The NDP is irresponsible and irrational, but they are good at pandering, I have to admit. They are extremely good at pandering and extremely good at saying whatever they think they can say, but their policy and their irresponsible behaviour ended up causing us to lose the child care agreements that were signed by the provinces and caused Canada to lose the Kelowna agreement. When the Liberals were in power we were working with the NDP, but its members' irresponsible behaviour and irresponsible politics have put us where we are today.

As the Liberal opposition party, we are much more responsible and much more thoughtful. With our policies and with our leader, we will show Canadians that we are the right choice for Canadians.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1:10 p.m.


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The Acting Speaker Royal Galipeau

Resuming debate. Is the House ready for the question?

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1:10 p.m.


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Some hon. members

Question.

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1:10 p.m.


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The Acting Speaker Royal Galipeau

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Budget Implementation Act, 2008Government Orders

June 6th, 2008 / 1:10 p.m.


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Some hon. members

Agreed.

No.