Bill C-47 (Historical)

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

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.

Jobs and Growth Act, 2012

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I rise on a point of order.

I would like to seek unanimous consent to move the following motion: that notwithstanding any Standing Order or usual practice of the House, clauses 264 to 268, related to changes to the Customs Act, be removed from Bill C-45, a second act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-47; that Bill C-47 be entitled “An Act to amend the Customs Act”; that Bill C-47 be deemed read a first time and printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Public Safety and National Security; that Bill C-45 retain the status on the order paper that it had prior to the adoption of this order; that Bill C-45 be reprinted as amended; and that the law clerk and parliamentary counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing the motion in order to make sure that the government's proposal to implement electronic travel authorization gets the full consideration it should have. The government has proposed that parts of the bill go to committee but not be amended or voted upon separately. Therefore, this motion aims to correct that gap to allow for full debate and full consideration by providing a separate bill on this important matter.

[The Speaker, Peter Milliken]

I have the honour to inform the House that when the House went up to the Senate chamber His Excellency the Governor General was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill S-3, An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income--Chapter No. 15

Bill S-210, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament)--Chapter No. 16

Bill S-2, An Act to amend the Criminal Code and other Acts--Chapter 17

Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)--Chapter 18

Bill S-215, An Act to amend the Criminal Code (suicide bombings)--Chapter 19

Bill C-464, An Act to amend the Criminal Code (justification for detention in custody)--Chapter 20

Bill C-36, An Act respecting the safety of consumer products--Chapter 21

Bill C-31, An Act to amend the Old Age Security Act--Chapter 22

Bill C-28, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act--Chapter 23

Bill C-58, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011--Chapter 24

Bill C-47, A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures--Chapter 25

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 Dartmouth—Cole Harbour, Canadian Council on Learning; the hon. member for Vancouver Kingsway, Public Safety.

Banks

[Jim Flaherty, Conservative, Minister of Finance]

Yesterday, Mr. Speaker, the NDP voted against Bill C-47, which is a budget bill. That budget bill contains important protections for consumers, the highest level of protection that bank customers have ever had in the history of Canada.

However, here comes the NDP. Every time it gets an opportunity to help consumers, it votes against the interests of consumers in Canada.

The Economy

[Jim Flaherty, Conservative, Minister of Finance]

Mr. Speaker, Canada's economic recovery remains our government's number one priority. We must stay the course and pass Bill C-47 in order to ensure that we sustain Canada's economic recovery.

This is a recovery that has been the envy of the world, with over 440,000 jobs created and five continuous quarters of economic growth. What is the opposition's plan? Higher taxes and to kill 400,000 jobs.

(Bill C-47. On the Order: Government Orders)

November 30, 2010—the Minister of Finance—Third reading of Bill C-47, A second act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures.

Business of the House

[John Baird, Conservative, Leader of the Government in the House of Commons and Minister of the Environment]

Mr. Speaker, before I respond to the hon. member's question, I want to say that at our House leaders meeting just two weeks ago, the government raised the issue of one of the Liberal members calling a minister of the Crown a “slime” five times.

The House leader for the Liberal Party is seeking to raise the decorum and the quality level of debate in this place. The member is a senior member of the Liberal shadow cabinet. Before I answer the normal Thursday question, I wonder if the member could update us on where we are on that.

The House leader of the official opposition has also been very passionate in wanting to reduce the amount of heckling in this place and yet we was rather egregiously heckling the Minister of Finance yesterday on Walkerton. I spoke with the member who represents that constituency and that community takes great offence at the continuing vilification of the name of their town. Maybe we will get that next week with the slime comment.

Today we will continue the opposition motion from the Bloc Québécois.

Friday we will debate Bill C-41, strengthening military justice, and Bill C-43, the RCMP labour modernization.

On Monday, Tuesday, Wednesday and Friday of next week we will call Bill C-49, action on human smuggling; Bill C-47, sustaining Canada's economic recovery; Bill C-22, protecting children from online sexual exploitation; Bill C-29, safeguarding Canadians' personal information; Bill C-41, strengthening military justice; Bill C-43, the RCMP labour modernization; Bill C-54, child sexual offences; Bill C-33, safer railways act; Bill C-8, Canada-Jordan free trade agreement; and, Bill C-20, an action plan for the National Capital Commission.

Thursday will be an allotted day for our friends in the New Democratic Party.

Finance

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, I have the honour to present, in both official languages, the eight report of the Standing Committee on Finance concerning Bill C-47, A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures.

The committee has reported it back to the House without amendment.

Comments by Member for Mississauga South

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, yesterday in my presentation on the question of privilege raised by a member of the NDP, I did quote from one or two emails.

I would indicate to the hon. member, who is a member of the finance committee as well, that those emails were given to the committee members yesterday at the public meeting on the consideration of Bill C-47 when the Minister of Finance appeared.

That is where they were distributed to me. They were handed to me by the clerk. They were available on the table. The member has his facts all wrong.

Fighting Internet and Wireless Spam Act

[Paul Szabo, Liberal, Mississauga South, ON]

Madam Speaker, the member's point is well taken. It is the roll out. It is one thing to have a piece of legislation. The other is to have a piece of legislation that is operable and efficient.

I can give one example. At the finance committee today we had the finance minister and his officials before us on the budget implementation act, the second bill. I asked them about the tax free savings accounts because in that bill there needs to be amendments dealing with deliberate overcontributions and prohibited investments. There were about five different amendments dealing with tax free savings accounts. If people put up to $5,000 a year in this account, the income they earn on it is not taxable. Real complex.

However, there are more amendments happening in Bill C-47 on tax free savings accounts than the legislation segment creating it.

I basically told the officials that they had not done their job. Where was the due diligence? Where was the consultation? Where was the anticipated question? Where was the roll out plan and how were we going to be sure that this thing worked, when we had anticipated all of the things that people would do, particularly some of these shrewd tax planners.

We do not seem to work smart. We work hard. We have jillions of people. I was told we had sign-offs at every level but not one of them contemplated what to do if there was an overcontribution. It is obscene.

Business of the House

[John Baird, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, certainly in the course of my comments I will answer both of those questions. We will continue debate today on Bill C-49, the preventing human smugglers from abusing Canada's immigration system act.

Tomorrow we will call Bill C-36, the consumer product safety bill. Since it was only reported back from committee today, we will need to adopt a special order, which I will propose after my statement. This is a bill that will help protect children, help protect families, and I think it speaks incredibly well of all four political parties that they put politics aside and are seeking speedy passage of the bill. So I would like to thank everyone in all parties for their support on this important initiative. It is a good day for Parliament.

On Monday, we will continue debate on Bill C-47, the second budget implementation bill. I know the member opposite has been waiting for this and I hope he will have the opportunity to speak to this important piece of legislation.

That would be followed by Bill C-49, the preventing human smugglers from abusing Canada's immigration system act; Bill S-2, regarding the sex offenders registry; Bill S-3, the tax conventions; Bill C-41, strengthening military justice; Bill C-48, the protecting Canadians by ending sentence discounts for multiple murders act; Bill C-29, safeguarding Canadians' personal information; and Bill C-30, on the Supreme Court of Canada decision in R. v. Shoker.

On Tuesday, we will call Bill C-32, copyright modernization. At the conclusion of debate on the bill, we will call Bill C-48, protecting Canadians by ending sentence discounts for multiple murders. Following Bill C-48, we will return to the list for Monday, starting with the budget implementation act, which again speaks to one of the member's questions.

On Tuesday evening we will have a take note debate on honouring our veterans and I will be moving the appropriate motion in a few minutes. I think it again speaks well that we are having a take note debate. I know the member for Vancouver East joined members of the Liberal Party, the Bloc Québécois and the Conservative Party in supporting this.

Thursday shall be an allotted day for the New Democratic Party, an opposition day as requested by the House leader for the official opposition.

Therefore, consultations have taken place among the parties and I am pleased to move:

That a take-note debate on the subject of the courageous contribution and service to Canada by Canada's Veterans take place pursuant to Standing Order 53.1, on Tuesday, November 2, 2010.

[John Baird, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I appreciate the questions from my friend, the member for Ottawa South. I do have to admit from time to time that I am called upon to respond to certain questions that are asked by the opposition. There are not as many as there used to be, thanks to the appointment of the new Minister of Transport, Infrastructure and Communities, who I think is doing a fine job. The new Minister of Transport has a big challenge to tidy up the department. The only minister who has a bigger challenge to deal with is the new Minister of Indian Affairs and Northern Development.

On the issue of decorum, I think there has been some degree of success. I will congratulate the Liberal House Leader . He has perhaps been more successful than I have in reining in the number of interjections during question period, and I undertake to him and to the House to continue to work in that regard. I think there has been a considerable reduction in interjections. Sometimes the members of the government or members of the opposition will bring out those types of interjections, but I will commit to continue to work with him and with our colleagues in the Bloc and the NDP on reducing them. I think we have met with some success. We do have more room to grow, but I will commit to continue to work in that regard. In many respects, that was a big part of the motion the House adopted last night, the motion standing in the name of the member for Wellington—Halton Hills, and I see him smiling at me now.

Much work has been accomplished, but much work remains to be done in that regard.

When government orders resumes after my statement, we will call Bill C-36, the consumer product safety bill. We have an agreement to send it to committee after one speaker per party, and I will be moving the appropriate motion in a few minutes.

I should point out that if we cannot come together to try to protect children and keep them safe, we do not have any place here. I am very pleased with the consultations with all parties on that. I think they will be welcomed, particularly by Environmental Defence, which has been championing these issues for some time.

Following Bill C-36, we will resume the debate which began this morning on Bill C-47, sustaining Canada's economic recovery act. Other bills scheduled for today, if necessary, are Bill S-9, tackling auto theft and property crime, and Bill C-39, ending early release for criminals.

Tomorrow, we will continue with the business before us today.

Next week, as the member noted, is a constituency week.

When we return we will continue, if necessary, with Bill C-47. The Canada-Panama free trade agreement is also on the agenda.

Thursday, October 21 shall be an allotted day, as I have told our friends in the Bloc Québécois.

Mr. Speaker, as I said earlier, with respect to Bill C-36, I believe you will find unanimous consent for the following motion. I move:

That, notwithstanding any Standing Order or usual practice of the House, a member from each recognized party may speak for not more than 20 minutes on the second reading motion of Bill C-36, An Act respecting the safety of consumer products, following which the said bill shall be deemed read a second time and referred to the Standing Committee on Health.