Sustaining Canada's Economic Recovery Act

A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

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 implements a number of income tax measures proposed in the March 4, 2010 Budget. In particular it
(a) allows for the sharing of the Canada Child Tax Benefit, the Universal Child Care Benefit and the Goods and Services Tax/Harmonized Sales Tax credit for eligible shared custody parents;
(b) allows Registered Retirement Savings Plan proceeds to be transferred to a Registered Disability Savings Plan on a tax-deferred basis;
(c) implements disbursement quota reform for registered charities;
(d) better targets the tax incentives in place for employee stock options;
(e) expands the availability of accelerated capital cost allowance for clean energy generation;
(f) adjusts the capital cost allowance rate for television set-top boxes to better reflect the useful life of these assets;
(g) clarifies the definition of a principal-business corporation for the purposes of the rules relating to Canadian Renewable and Conservation Expenses;
(h) introduces amendments that are consequential to the introduction in 2011 of new International Financial Reporting Standards by the Accounting Standards Board; and
(i) amends the Canada Pension Plan, the Employment Insurance Act and the Income Tax Act to provide legislative authority for the Canada Revenue Agency to issue online notices if the taxpayer so requests.
Part 1 also implements income tax measures that were previously announced regarding:
(a) rules to facilitate the implementation of Employee Life and Health Trusts, released in draft form on February 26, 2010;
(b) indexing of the working income tax benefit announced in the 2009 Budget;
(c) technical changes concerning TFSAs announced on October 16, 2009; and
(d) an amendment to the rules regarding labour sponsored venture capital corporations that are consequential to the introduction of TFSAs.
Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001, the Excise Tax Act and the New Harmonized Value-added Tax System Regulations to provide legislative authority for the Canada Revenue Agency to issue online notices if the taxpayer so requests.
Part 2 also amends the Air Travellers Security Charge Act, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Brewery Departmental Regulations and the Brewery Regulations to allow certain small remitters to file and remit semi-annually rather than monthly.
Finally, Part 2 amends the Air Travellers Security Charge Act and the Excise Tax Act to extend the protection from civil liability claims that is already provided under the Income Tax Act and other federal statutes to agents of the Crown who collect the Goods and Services Tax/Harmonized Sales Tax and the air travellers security charge in intended compliance with their statutory obligations.
Part 3 amends the Federal-Provincial Fiscal Arrangements Act to facilitate the sharing of taxes under Part I.01 and Part X.5 of the Income Tax Act with provinces and territories.
Part 4 amends the Bank Act and the Financial Consumer Agency of Canada Act to require that banks belong to an approved external complaints body and to authorize the Governor in Council to prescribe the approval requirement for that body. The amendments also assign the responsibility for managing the approval process and supervising the approved external complaints bodies to the Financial Consumer Agency of Canada.
Part 5 amends the Canada Disability Savings Act to allow a 10-year carry forward of Canada Disability Savings Grant and Canada Disability Savings Bond entitlements.
Part 6 amends section 11.1 of the Customs Act to exempt from the User Fees Act fees that are charged for expedited border clearance programs and that are coordinated with international partners.
Part 7 amends the Federal-Provincial Fiscal Arrangements Act to implement the total transfer protection for 2010-11, to set out the treatment of the one-time transfer protection payment under the fiscal stabilization program, update legislative references made in the fiscal stabilization provisions and give greater clarity to the calculation of the fiscal stabilization payment.
Part 8 amends the Office of the Superintendent of Financial Institutions Act. In particular, the Act is amended to
(a) harmonize the assessment of costs associated with the administration of the Pension Benefits Standards Act, 1985 with the regime in place for the assessment of costs associated with the administration of laws governing financial institutions; and
(b) allow the Superintendent to remit assessments, interim assessments and penalties and to write off certain debts.
Part 9 amends the Pension Benefits Standards Act, 1985. In particular, the Act is amended to
(a) authorize the Minister of Finance to enter into an agreement with the provinces respecting pension plans that are subject to the pension legislation of more than one jurisdiction;
(b) authorize the Minister of Finance to designate an entity for the purposes of receiving, holding and disbursing the pension benefit credit of any person who cannot be located;
(c) permit information to be provided in electronic form, including information provided by the administrator of a pension plan to members or to the Superintendent;
(d) allow the administrator of a pension plan to offer investment options with respect to accounts maintained in respect of a defined contribution provision or accounts maintained for additional voluntary contributions;
(e) provide rules regarding negotiated contribution plans;
(f) require consent of a member’s spouse or common-law partner before the transfer of the member’s pension benefit credit to a retirement savings plan; and
(g) authorize the Superintendent to direct the administrator of a pension plan that is subject to the pension legislation of more than one jurisdiction to establish a separate pension plan for certain members, former members and survivors.

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. 7, 2010 Passed That the Bill be now read a third time and do pass.
Nov. 4, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 4:35 p.m.


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Liberal

Jean-Claude D'Amours Liberal Madawaska—Restigouche, NB

Madam Speaker, I would like to remind the members of the House that it was not very long ago that a good Liberal government here in Ottawa was making sure that the Canadian deficit and debt—particularly the Canadian debt—were decreasing gradually. As we all know, as our debt decreases, we pay less interest, and the less interest we pay, the more services we are able to provide to the public. Then the Conservatives arrived, trying to play God and perform miracles. In less than two years, the amount we paid down on the Canadian debt was completely wiped out, bringing us back to where we started.

What does this mean? It means that we must now pay additional interest that we were no longer paying. Additional interest payments mean that the public is getting fewer services. So who is paying the price?

I am asking my colleague to tell the Canadian public who, in the end, must pay the price for the Conservatives' mismanagement of Canada's public debt and deficit.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 4:35 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Madam Speaker, there is a pretty short answer to that. The member will, everyone watching will, everybody in this chamber will, even the hon. member who is the chair of the finance committee will have to pay for this mismanagement.

The hon. member was not here when Paul Martin was the finance minister, but he would talk about two things. He would talk about a vicious cycle and a virtuous cycle.

A vicious cycle is when we are constantly paying our debt, the debt keeps costing us more and the faster we run, the more the debt ratchets up.

A virtuous cycle is exactly the opposite. A virtuous cycle was entered into in 1997 and it basically ended in 2007. The virtuous cycle is that when we started to pay down our debt and deficit the interest rates would go down with it, and so we could actually pay it down faster. It is a simple concept to understand. Anybody who owns a mortgage understands that if interest rates actually decline and their payments remain the same, the principal amount of the mortgage goes down more quickly. That is a virtuous cycle.

The current government has reversed that. We are now in the vicious cycle. We have ratcheted up the deficit and interest rates are sure to follow.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 4:35 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am pleased to speak to Bill C-47 today, which, once again, is one of the budget implementation bills that we are dealing with before this House.

I have heard a lot of good speeches here today on this particular bill, and a lot of good speeches from the Liberal members as well. However, at the end of the day, the viewing public should know that the Liberal members, regardless of their criticism of this bill, the budget itself or in fact the government, will make certain that enough of their members are not here so that the government does survive. The Liberals have been doing this for the last couple of years, keeping the government in place.

It is great to hear some of the criticisms of the members but the reality is that when it comes time to actually stand up and vote in the House, the Liberals have not had enough of their members consistently here to vote and cause the government to fall.

Regarding Bill C-47, there are a number of implementation issues that are involved with this particular bill. I could get into them one by one, and I am sure there would be very interesting explanations, but I do want to give special attention to one or two items.

One of the big concerns I have coming out of this budget is the increase in the air travellers' security charge by 50%. Up until now, the air travellers' security charge was the second highest in the world, next to Holland. Now, with the 50% raise in the budget, Canada would be the highest taxed in the world for this particular tax.

It only stands to reason that if we are highest taxed in the world, there will be some resistance to that. I will get into what sort of resistance we are finding on the part of the consumers in Canada in a minute. I did want to state that the revenues collected through the tax over the last five years have exceeded the amount spent on security.

Over the last five years, the government has collected $3.3 billion on the taxes, and I think the public would understand if in fact it were spending the same $3.3 billion on airport security. However, that would not be true. The government is only spending $1.5 billion on security. Why would the government increase the tax by 50% when it is only spending a fraction of what it is currently collecting on security in the first place?

What is the result of this move on the part of the government? The result is that the government is turning out to be the best friend of the United States airline industry. We now have information that 50,000 Manitobans are streaming to Grand Forks to fly with United States carriers. I can assure members that 50,000 people are a lot of people.

A very recent article in the Winnipeg Sun detailed what was happening. I have been aware for probably two years now of people driving down to Grand Forks to take flights to Las Vegas and other places. They are finding that the airlines there are able to provide the service for a much lower price.

I have an example for a January 9 flight, a flight that has not even happened yet. The members can simply go out and check their computer and they will find, if there are any seats left, that they can fly from Grand Forks, North Dakota to Los Angeles on January 9, 2011 for $95.98. That is not just the airfare, because the common lead-in with airlines is to give us the low price and then whack us with the taxes. The air fare is $69.99 and the taxes are $25.69, for a total of $95.68.

The equivalent WestJet flight out of Winnipeg is $258 for the ticket and $83 for the taxes, for a total of $341. We can see that is a savings of over $200. If we multiply that for a family of four, we are talking about a significant amount of money. All people need to do is drive the extra two hours to the United States, park their car and fly to Las Vegas or, in this case, Los Angeles.

We are losing business to these carriers and we have a combination of reasons why that is. The strong dollar is certainly an issue here, but we have the issue of the increase in the air tax. Why we do this when we know our tourism is faltering?

We have a Conservative member here who has a bill dealing with a national hunting day. One of the reasons he presented that bill, which, by the way, I hope will get unanimous support in Parliament, is that the tourist operators were complaining. They are suffering. There have been reports of tourist camps that are practically going out of business after being in operation for many years, going through several generations of one family. Now they are having to close their doors because their traffic has dropped off considerably. This is as a result of, once again, the strong dollar, but also the taxation question on the air fares and the issue of passport charges.

This past summer, I happened to be at the Midwestern Legislative Conference. All of the American states are members of various conferences but this conference involves 11 legislatures from midwest states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin; and three Canadian provinces, Manitoba, Ontario and Saskatchewan. I think Barack Obama was one of the delegates to this conference. I have been there probably six years now and in the first year or two, he was one of the delegates.

This group of legislators, composed of Republicans and Democrats, discuss and pass resolutions at their conventions. I was lucky enough to get a resolution passed this year dealing with a reduction in passport fees. We literally had it unanimously passed. As a matter of fact, one of the Liberal Party MPPs from Ontario was the seconder of the resolution at the U.S.-Canada committee of the conference.

When this resolution was introduced and it went through the committee of the conference, it received instant acceptance. It was the one issue of ten or eleven issues that they discussed in the committee that took up about half the time of the committee, with literally everyone there wanting to speak in favour of this resolution. We had legislators from the United States saying what an aggravation it was to have to go through the passport process and pay upwards of $500 for a family of four to be able to come to the conference. These are the legislators saying this. Can we imagine what the average citizen of the United States and Canada would have to say about this?

Through the security provisions that have come about since 9/11, we have continued to fortify the border and solidify the security around the border. Some would argue that it is questionable as to how more secure the border is as a result, but we certainly spent a lot of money doing this.

In a way, however, we have actually harmed ourselves because, when the Americans established the rule that their citizens needed a passport to get back into their country, they cut a lot of activity along the border. When I talk to the border legislators, whether they be Republicans or Democrats, they are of one mind on this. They accept that the bad guys do not stand at the border to try to get through legitimately. The bad buys simply smuggle whatever they are going to smuggle by going around the border, thereby thwarting these increases.

A politician in South Dakota or North Dakota is getting complaints from constituents about the border issue and about not getting enough tourists doing business in their country. On top of that, on the Canadian side of the border we are getting the same complaints about businesses not getting support from Americans. Americans used to come to Canada regularly for many years and now they are not doing it. The dollar has been strong before. During the Diefenbaker years, the dollar was as high as it is right now.

It is a combination of elements that have come together and conspired to make life very difficult for tourism in this country. Rather than coming to grips with the issue and trying to deal with it, the government is throwing roadblocks in the way. Why would there be a problem with 11 American states, Democrats and Republicans who do not normally get along that well with one another on many issues, getting together in conference and passing a unanimous resolution? Coupled with that, there are Canadians from three provinces, Conservatives, Liberals and New Democrats, all agreeing unanimously to call on the Government of Canada and the Government of the United States to do something about this.

This was in August. What has happened with this issue? Why would the Prime Minister not take a moment from his many important international trips and conferences to look at this file and pick up the phone and call Barack Obama? Both of them have received this letter from the legislators conference. It is tantamount to getting a letter from the premiers conference in Canada. I am sure when the Prime Minister gets a letter from the premiers conference in Canada, he does not ignore it. I am sure his office responds to it and tries to deal with the issue.

We have all of these legislators showing interest and passing the resolution. The question is why the Conservatives have not done something at this point to encourage the Americans to pull back on this issue. If they have not done it by now, when will they do something?

Many ideas came out of the conference, and it will be up to the governments to come up with whatever the solution might be, but one of the ideas that has been talked about is a two-for-one passport renewal process or two-for-one passport applications in a limited time. The idea is to get the number of passports up. Only about half of Canadians have passports, but only a quarter of Americans have passports. Unless or until we can get the Americans to respond positively to this, I think we will have this continual drag on business at the border.

There are many things the government could be doing. I recognize the strategy of the government is to marshal its resources in such a way as to give it maximum possibilities for a majority government at some time.

We in opposition know that the cupboard is bare, that the Conservatives are running a $56 billion deficit right now. The projections for the future are pretty bleak, and not only will they not be paying down the deficit anytime soon, they will be adding to it and accumulating an even bigger deficit in the long run to offer the Canadian people enough incentive to vote Conservative in the next election.

If the Conservatives plan to introduce a budget in the next few months, I do not really think they will introduce one that says, “Well folks, there is nothing here. We are not going to offer you anything in the election.” That will not work. It has rarely worked in the past. I would be very surprised if they used that approach. No, they will offer a bunch of goodies to the public to try to get their majority and they will hide the fact that the financial situation is worse than what they say it is. This has happened with many governments over the years. I think in one case it was called the “fudge-it budget”, where the government hides the true financial situation in the jurisdiction to get itself beyond the election, and then, surprise, surprise, things are not what they seem.

Let us look at corporate taxes. There are so many issues that one could deal with here with the government. I recall a Conservative member asking a question about tax reductions, and she is obviously a big supporter of them. She was asking a question of the previous Liberal member who spoke. She was talking about corporate tax reductions. I think she said corporate taxes made up 13% of the taxes collected and rest are personal income tax. I have news for her. I do not have the statistics here right now but I know they are available, and within her lifetime there was a time, not long ago, maybe 20 years ago or thereabouts, where the amount of corporate taxes collected in this country roughly equalled the amount of income tax collected. What has happened through successive Liberal and now Conservative governments is that the proportion of taxes raised by the government through taxes on corporations is actually being reduced, and of course, the shortfall is being made up by the public.

So we could forgive the working person in Edmonton—Strathcona or Elmwood—Transcona or any of our constituencies when they look at this and say, “Well, the government is talking about restraint”. Everybody knows there was a slight blip in the economy and a bit of a recession and we are trying to get out of it right now. I think the average member of the public is prepared to say, “I will give a little if you give a little”. But when the public sees that the initiatives of the government are to lower corporate taxes, what is that all about?

The federal government is just arbitrarily reducing corporate tax, phasing it down to 15%, when the Americans are in the range of 30%. For the Americans, I think it is almost double. What kind of studies were done? What kind of advice are the Conservatives taking that would prompt them to just arbitrarily say that they have to start reducing corporate taxes? We are already lower than the Americans, but we will go ahead and reduce them some more.

When my homeowner, my voter, looks at the statistics and sees that during a recession the banks where he is depositing his earnings made $15.9 billion, and then when he finds out that the bank president, the CEO of the Royal Bank of Canada, Gordon Nixon, and TD Bank's CEO, Edmund Clark, earned $10.4 million, we have to forgive him for being a little bit confused in wondering what this is all about.

We see the same situation in the United States, where the taxpayers have begun to revolt because they see these big corporations being bailed out. The government likes to pretend that it did not happen but we bailed out the banks. We say that we did not bail out the banks. Yes, we did. We underwrote the mortgages. Remember back in the tough times in 2008 when the Prime Minister was campaigning in his sweater and suggesting that his mother treat the stock market downslide as a buying opportunity? At that point in time, the fact of the matter is--

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5 p.m.


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The Acting Speaker Denise Savoie

Perhaps the hon. member can add some comments in response to questions and comments.

The hon. Minister of State for Democratic Reform.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5 p.m.


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Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeMinister of State (Democratic Reform)

Madam Speaker, this member and I are both from Winnipeg. We represent ridings in Winnipeg.

Listening to the member speak, I have to say that it is very disappointing. The member talked about airline taxes. This is the same member who introduced a private member's bill that would penalize airlines for delays and other things, even inclement weather and other factors outside the airline's control.

In fact, we would not have airlines in Canada if the member got his way with the bill. So it is a bit rich for the member to talk about airlines.

The Winnipeg International Airport is in my riding, and also Magellan Bristol and a lot of aerospace companies. The member is against all these initiatives of this government. All these initiatives, the airport and the aerospace industry, are real jobs, on-the-ground jobs. I recall the Prime Minister making an announcement on the economic action plan and the place was packed with CAW members, Canadian auto workers, and this member is against those members having jobs. I think that is very offensive.

I wonder if the member will admit that the rejection of the NDP in last night's byelection is as a result of the zany, kooky, whacky, irresponsible policies presented by the federal NDP.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the fact of the matter is that the government and its air traveller security charge increase now make Canada the highest taxed jurisdiction in the world. We have that distinction, which has forced 50,000 Manitobans to flee from the hon. member's constituency, from his airport in our city of Winnipeg to go south to avoid his taxes, because the airlines cannot afford to pay the rent and pay the taxes that his government is charging.

Furthermore, with regard to the air passenger bill of rights, if the airlines followed the rules, it would cost them nothing. The rules we were proposing under my air passenger bill of rights have already been in the European Union for the last seven years now. Air Canada operates in the European Union. Air Canada pays compensation for overbooked flights, cancelled flights and flight delays in the European Union. When that happens, they would have to do the same in Canada. Inclement weather has nothing to do with it. That would be excluded. The member should know that, if he has read the bill. The fact of the matter is that the bill is no different from Europe's. It would have cost the airlines nothing.

However, this airline tax costs the airlines big time, because 50,000 of their customers are going to the United States and that number is only increasing.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5 p.m.


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Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, the NDP member said in his opening statement that he was going to address the viewing public. He asked why the Liberals continue to allow the government to survive. No matter what, he wants us to defeat the government. That is not a new statement. They wanted us to do that right after the last election.

The member says he wants to be responsible to Canadian taxpayers, that he does not want to waste money. Canadians have repeatedly told us that we must work together. We could not afford an election a year and a half ago. An election would cost over $500,000,000, in these trying and challenging times. Canadians are asking us to try to work things out. The NDP is saying it wants us to defeat the government, that it does not matter.

We do not disagree with what the member said about the airport tax and the cost.

Does my colleague think there would be some benefit if we defeated the government? What would the outcome be? Everybody is predicting that if an election were held now we would have another minority government, whether it be Liberal or Conservative.

I will tell the member, once and for all, we did not defeat the government because we chose to be responsible and we listened to Canadians. We do not believe that wasting more than half a billion dollars would get a different result. With the NDP, it is easy come, easy go. Maybe last night's election is a reflection of Canadians' distrust of the NDP.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the member walked right into it. The Liberal candidate got thrashed in Vaughan last night. So I would assume that the member is going to be pretty careful in the next little while. I expect him to be backing up the Conservative government for many years to come. On the basis of what happened in Vaughan, I would suggest that he is probably afraid of losing his own seat right now and it is probably going to show over time. My prediction is--

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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Liberal

John Cannis Liberal Scarborough Centre, ON

Why don't you challenge me?

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the member should just go over and join the Conservatives, because he practically belongs in their caucus. He should just--

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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Conservative

Gerald Keddy Conservative South Shore—St. Margaret's, NS

What is the relevance?

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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The Deputy Speaker Andrew Scheer

Order.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, can I continue?

I think the member should just bypass the--

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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The Deputy Speaker Andrew Scheer

Order. As I asked hon. members earlier today, the Chair would certainly appreciate it if one member at a time asked a question and one member at a time answered the question.

There is enough time for one more question and comment. The hon. member for Edmonton--Strathcona.

Sustaining Canada's Economic Recovery ActGovernment Orders

November 30th, 2010 / 5:05 p.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the member and a number of other speakers have raised the issue of perverse incentives in the budget. It is reported that, by 2014, given the cuts to corporate taxes that the government has announced, $60 billion worth of Canadian taxpayers' money will be lost at a time when our deficit is rising.

It is one thing to talk about the dollars and cents that are actually in the budget bill, but we need to look at the parallel initiatives of the government that go along with the budget, an example being the terrible, perverse incentives that it is providing to major industries by delaying important regulations to clean up the environment and to reduce greenhouse gases. Billions of dollars are being banked by these corporations as a result of the government's failure to act. That is far worse than the direct perverse incentives of cutting their taxes.

What about the perverse incentives of the government's enforcement of foreign investment law and its decisions on foreign investment, putting lots of money in the coffers of multinational corporations that are not even based in Canada? It is also denying thousands of Canadians badly needed jobs so they can buy Christmas presents for their kids.

So in terms of lost tax revenue, lost jobs, and lost benefits to Canadians, I wonder if the member could speak to that and the perversity of this budget.