Jobs and Economic Growth Act

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

This bill is from 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 income tax measures proposed in the March 4, 2010 Budget. In particular, it
(a) introduces amendments to allow a recipient of Universal Child Care Benefit amounts to designate that the amounts be included in the income of the dependant in respect of whom the recipient has claimed an Eligible Dependant Credit, or if the credit is not claimed by the recipient, a child of the recipient who is a qualified dependant under the Universal Child Care Benefit Act;
(b) clarifies rules relating to the Medical Expense Tax Credit to exclude expenses for purely cosmetic procedures;
(c) clarifies rules relating to payments made to a Registered Education Savings Plan or a Registered Disability Savings Plan through a program funded, directly or indirectly, by a province or administered by a province;
(d) implements amendments to the family income thresholds used to determine eligibility for Canada Education Savings Grants, Canada Disability Savings Grants and Canada Disability Savings Bonds;
(e) reinstates the 50% inclusion rate for Canadian residents who have been in receipt of U.S. social security benefits since before January 1, 1996;
(f) extends the mineral exploration tax credit for one year;
(g) reduces the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations;
(h) modifies the definition “taxable Canadian property” to exclude certain shares and other interests that do not derive their value principally from real or immovable property situated in Canada, Canadian resource property, or timber resource property;
(i) introduces amendments to allow the issuance of a refund of an overpayment of tax under Part I of the Income Tax Act to certain non-residents in circumstances where an assessment of such amounts has been made outside the usual period during which a refund may be made;
(j) repeals the exclusion for indictable tax offences from the proceeds of crime and money laundering regime; and
(k) increases the pension surplus threshold for employer contributions to registered pension plans to 25%.
Part 2 amends the Excise Act, 2001 and the Customs Act to implement an enhanced stamping regime for tobacco products by introducing new controls over the production, distribution and possession of a new excise stamp for tobacco products.
Part 2 also amends the Excise Tax Act and certain related regulations in respect of the Goods and Services Tax/Harmonized Sales Tax (GST/HST) to:
(a) simplify the operation of the GST/HST for the direct selling industry using a commission-based model;
(b) clarify the application of the GST/HST to purely cosmetic procedures and to devices or other goods used or provided with cosmetic procedures, and to services related to cosmetic procedures;
(c) reaffirm the policy intent and provide certainty respecting the scope of the definition of “financial service” in respect of certain administrative, management and promotional services;
(d) address advantages that currently exist in favour of imported financial services over comparable domestic services;
(e) streamline the application of the input tax credit rules to financial institutions;
(f) provide a new, uniform GST/HST rebate system that will apply fairly and equitably to employer-sponsored pension plans;
(g) introduce a new annual information return for financial institutions to improve GST/HST reporting in the financial services sector; and
(h) extend the due date for filing annual GST/HST returns from three months to six months after year-end for certain financial institutions.
In addition, Part 2 amends regulations made under the Excise Tax Act and the Excise Act, 2001 to reduce the interest rate payable by the Minister of National Revenue in respect of overpaid taxes and duties by corporations.
Part 3 amends the Air Travellers Security Charge Act to increase the air travellers security charge that is applicable to air travel that includes a chargeable emplanement on or after April 1, 2010 and for which any payment is made on or after that date. It also reduces the interest payable by the Minister of National Revenue to corporations under that Act.
Part 4 amends the Softwood Lumber Products Export Charge Act, 2006 to provide for a higher rate of charge on the export of certain softwood lumber products from the regions of Ontario, Quebec, Manitoba or Saskatchewan. It also amends that Act to reduce the rate of interest payable by the Minister of National Revenue on tax overpayments made by corporations.
Part 5 amends the Customs Tariff to implement measures announced in the March 4, 2010 Budget to reduce Most-Favoured-Nation rates of duty and, if applicable, rates of duty under other tariff treatments on a number of tariff items relating to manufacturing inputs and machinery and equipment imported on or after March 5, 2010.
Part 6 amends the Federal-Provincial Fiscal Arrangements Act to provide additional payments to certain provinces and to correct a cross-reference in that Act.
Part 7 amends the Expenditure Restraint Act to impose a freeze on the allowances and salaries to be paid to members of the Senate and the House of Commons for the 2010–2011, 2011–2012 and 2012–2013 fiscal years.
Part 8 amends a number of Acts to reduce or eliminate Governor in Council appointments, including the North American Free Trade Agreement Implementation Act. This Part also amends that Act to establish the Canadian Section of the NAFTA Secretariat within the Department of Foreign Affairs and International Trade. In addition, this Part repeals The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act. Finally, this Part makes consequential and related amendments to other Acts.
Part 9 amends the Pension Benefits Standards Act, 1985. In particular, the Act is amended to
(a) require an employer to fully fund benefits if the whole of a pension plan is terminated;
(b) authorize an employer to use a letter of credit, if certain conditions are met, to satisfy solvency funding obligations in respect of a pension plan that has not been terminated in whole;
(c) permit a pension plan to provide for variable benefits, similar to those paid out of a Life Income Fund, in respect of a defined contribution provision of the pension plan;
(d) establish a distressed pension plan workout scheme, under which the employer and representatives of members and retirees may negotiate changes to the plan’s funding requirements, subject to the approval of the Minister of Finance;
(e) permit the Superintendent of Financial Institutions to replace an actuary if the Superintendent is of the opinion that it is in the best interests of members or retirees;
(f) provide that only the Superintendent may declare a pension plan to be partially terminated;
(g) provide for the immediate vesting of members’ benefits;
(h) require the administrator to make additional information available to members and retirees following the termination of a pension plan; and
(i) repeal spent provisions.
Part 10 provides for the retroactive coming into force in Canada of the Agreement on Social Security between Canada and the Republic of Poland.
Part 11 amends the Export Development Act to grant Export Development Canada the authority to establish offices outside Canada. It also clarifies that Corporation’s authority with respect to asset management and the forgiveness of certain debts and obligations.
Part 12 enacts the Payment Card Networks Act, the purpose of which is to regulate national payment card networks and the commercial practices of payment card network operators. Among other things, that Act confers a number of regulation-making powers. This Part also makes related amendments to the Financial Consumer Agency of Canada Act to expand the mandate of the Agency so that it may supervise payment card network operators to determine whether they are in compliance with the provisions of the Payment Card Networks Act and its regulations and monitor the implementation of voluntary codes of conduct.
Part 13 amends the Financial Consumer Agency of Canada Act to provide the Financial Consumer Agency of Canada with a broader oversight role to allow it to verify compliance with ministerial undertakings and directions. The amendments also increase the Agency’s ability to undertake research, including research on trends and emerging consumer protection issues. Finally, the Part makes consequential amendments to other Acts.
Part 14 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to confer on the Minister of Finance the power to issue directives imposing measures with respect to certain financial transactions. The amendments also confer on the Governor in Council the power to make regulations that limit or prohibit certain financial transactions. This Part also makes a consequential amendment to another Act.
Part 15 amends the Canada Post Corporation Act to modify the exclusive privilege of the Canada Post Corporation so as to permit letter exporters to collect letters in Canada for transmittal and delivery outside Canada.
Part 16 amends the Canada Deposit Insurance Corporation Act to allow the Governor in Council to specify when a bridge institution will assume a federal member institution’s deposit liabilities and allow the Canada Deposit Insurance Corporation to make by-laws with respect to information and capabilities it can require of its member institutions. This Part also amends that Act to establish the rules that apply to the assignment, by the Canada Deposit Insurance Corporation to a bridge institution, of eligible financial contracts to which a federal member institution is a party.
Part 17 amends the Bank Act and other related statutes to provide a framework enabling credit unions to incorporate and continue as banks. The model is based on the framework applicable to other federally regulated financial institutions, adjusted to give effect to cooperative principles and governance.
Part 18 authorizes the taking of a number of measures with respect to the reorganization and divestiture of all or any part of Atomic Energy of Canada Limited’s business.
Part 19 amends the National Energy Board Act in order to give the National Energy Board the power to create a participant funding program to facilitate the participation of the public in hearings that are held under section 24 of that Act. It also amends the Nuclear Safety and Control Act to give the Canadian Nuclear Safety Commission the power to create a participant funding program to facilitate the participation of the public in proceedings under that Act and the power to prescribe fees for that program.
Part 20 amends the Canadian Environmental Assessment Act to streamline certain process requirements for comprehensive studies, to give the Canadian Environmental Assessment Agency authority to conduct most comprehensive studies and to give the Minister of the Environment the power to establish the scope of any project in relation to which an environmental assessment is to be conducted. It also amends that Act to provide, in legislation rather than by regulations, that an environmental assessment is not required for certain federally funded infrastructure projects and repeals sunset clauses in the Regulations Amending the Exclusion List Regulations, 2007.
Part 21 amends the Canada Labour Code with respect to the appointment of appeals officers and the appeal hearing procedures.
Part 22 authorizes payments to be made out of the Consolidated Revenue Fund for various purposes.
Part 23 amends the Telecommunications Act to make a carrier that is not a Canadian-owned and controlled corporation eligible to operate as a telecommunications common carrier if it owns or operates certain transmission facilities.
Part 24 amends the Employment Insurance Act to establish an account in the accounts of Canada to be known as the Employment Insurance Operating Account and to close the Employment Insurance Account and remove it from the accounts of Canada. It also repeals sections 76 and 80 of that Act and makes consequential amendments in relation to the creation of the new Account. This Part also makes technical amendments to clarify provisions of the Budget Implementation Act, 2008 and the Canada Employment Insurance Financing Board Act that deal with the Canada Employment Insurance Financing Board.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-9s:

C-9 (2021) Law An Act to amend the Judges Act
C-9 (2020) Law An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)
C-9 (2020) An Act to amend the Chemical Weapons Convention Implementation Act
C-9 (2016) Law Appropriation Act No. 1, 2016-17

Votes

June 8, 2010 Passed That the Bill be now read a third time and do pass.
June 7, 2010 Passed That Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, be concurred in at report stage.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2137.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 1885.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2185.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2152.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 2149.
June 7, 2010 Failed That Bill C-9 be amended by deleting Clause 96.
June 3, 2010 Passed That, in relation to Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
April 19, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Opposition Motion--Oil and Gas IndustryBusiness of SupplyGovernment Orders

May 28th, 2010 / 1 p.m.


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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, that is precisely right. With the changes in Bill C-9, Canada is trying to achieve some harmony with the United States. The decision was made that an energy board would assess drilling projects of this kind. However, the U.S. experience has shown that this was a mistake.

Transferring the environmental assessment process for oil projects from the environmental field to the energy field might open the door to favouritism. The thing to do, therefore, is to backtrack and ensure that oil projects are not assessed by the National Energy Board, but instead by the Canadian Environmental Assessment Agency, which will be able to carry out studies and assessments in cooperation with the provinces.

As we suggested even before disaster struck on April 20, the proposed changes to transfer that responsibility to the National Energy Board are a serious mistake. That board should be off limits to oil companies, especially where applications for drilling permits are concerned.

Opposition Motion--Oil and Gas IndustryBusiness of SupplyGovernment Orders

May 28th, 2010 / 12:35 p.m.


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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am happy to take part in this opposition day debate on a topic I feel is important. It is important to discuss this issue, because it is a terrible ecological disaster. The motion is very timely, and calls on parliamentarians to make a commitment about projects that could be carried out here, in the Beaufort Sea or in the waters off the coast of Greenland.

I will read the motion:

That this House notes the horror with which Canadians observe the ecological disaster unfolding in the Gulf of Mexico and their call for action to prevent such an event in Canada, and therefore calls on the government immediately to conduct a thorough review and revision of all relevant federal laws, regulations and policies regarding the development of unconventional sources of oil and gas, including oil sands, deepwater oil and gas recovery, and shale gas, through a transparent process and the broadest possible consultation with all interested stakeholders to ensure Canada has the strongest environmental and safety rules in the world, and to report to the House for appropriate action.

This lengthy motion is important because it is to some extent the result of the incident that happened on April 20, 2010, in the Gulf of Mexico. The Deepwater Horizon oil platform exploded, causing an environmental disaster. According to the company, some 800,000 litres of oil are spilling into the gulf every day. That is a lot of oil. That is the company's estimate, although according to certain American government teams that have been assessing the situation, it could be nearly twice that amount. This ecological disaster is even worse than the infamous Exxon Valdez spill in the north.

This disaster, which is already affecting many ecosystems in the United States, will have very serious environmental impacts on wetlands. That is one appalling aspect of this incident, along with the economic repercussions. That is what people are now realizing. Despite everything, this ecological disaster does serve to raise awareness.

There are moratoriums on fishing, market losses and considerable revenue losses affecting fishers, along with all the ensuing human tragedies. We realize that an ecological disaster not only leads to the loss of ecosystems, the pollution of certain wetlands and the loss or endangerment of certain species, but it also causes economic losses. Today we need to demonstrate that an ecological disaster can also deal a serious economic blow. Fishers in Louisiana are beginning to realize the scope of the disaster.

On this side of the border, no one predicted this disaster. The government has been weakening environmental standards for the past five years. It is easy for the official opposition to accuse the Conservative government of being too lenient and authorizing exploratory drilling.

The truth is that the previous government, the Liberal government, was the first to weaken environmental standards. On March 26, 2005, without having held a public debate on the issue, the environment minister at the time, the member for Saint-Laurent—Cartierville, published a regulatory amendment in the Canada Gazette that some considered to be cosmetic and unimportant. His amendment sought to change the Canadian Environmental Assessment Act so that exploratory offshore drilling projects could get away with a screening type assessment and would no longer be required to undergo a comprehensive study. The purpose of the amendment was to remove exploratory drilling projects from the consultation process, thereby denying all stakeholders the opportunity to comment.

The Bloc Québécois reacted because we are in touch with the people. We toured all regions of Quebec in 2005, especially those along the St. Lawrence. We eventually got to the Îles de la Madeleine, where groups told us about the federal government's proposed regulatory amendment to make environmental assessment regulations more lenient.

The people of Îles de la Madeleine told us to take a close look at the regulatory amendment because it would have posed a danger to them. They asked us to intervene. We met with groups such as Attention Fragiles and the Îles de la Madeleine preservation society. They asked us to intervene.

On April 25, 2005, we wrote to the Minister of the Environment to say that “the purpose of this proposed regulatory amendment is to change the type of environmental assessment of the first exploratory drilling project in an offshore area”.

We told the then-minister that he “knew that exploratory drilling projects were being planned for the Gulf. If the regulatory amendment passes, sites like Old Harry, Cape Ray and others off the coast of Nova Scotia identified for exploratory drilling would be subject to a screening type assessment instead of a comprehensive study”.

We reminded him that “the renewable resources in that area were critical to the tourism and fishing economy in the Gaspé and Îles de la Madeleine region”. We intervened.

What did the environment department say in a statement attached to the proposed regulation change? Here is what it said: “—the environmental effects of offshore exploratory drilling are, in general, minor, localized, short in duration and reversible”.

That was the department's reasoning for its regulatory changes. It said that the environmental effects of offshore exploratory drilling were, in general, minor, localized, short in duration and reversible.

But that is not what we have been seeing lately, and it is not true of the April 20 catastrophe in the Gulf of Mexico.

The Liberal Party made the first wave of changes that weakened the environmental assessment regulatory regime. The Conservatives picked up where the Liberals left off and, in a more wide-ranging bill, also changed the environmental assessment rules, so that future oil projects would not come under the Canadian Environmental Assessment Agency, but the National Energy Board. That is another big mistake by the federal government: shifting responsibility for environmental assessments from government institutions whose mission is to protect the environment to organizations with an economic focus that serve the oil industry.

We criticized this decision by the government long before the April 20 catastrophe in the Gulf of Mexico. We still believe that the environmental impact of drilling projects should be assessed by the people whose job it is to protect the environment, not the people who are responsible for increasing oil production. That is how the federal government thinks.

There are three threats on the horizon. I will identify three types of projects. The first is a drilling project in Newfoundland that got under way a few weeks ago, 430 kilometres from St. John's. The goal is to drill 2,600 kilometres below sea level, which is a kilometre further than the project in the Gulf of Mexico where the catastrophe occurred on April 20.

In other words, because of the Liberal government's changes, this exploratory drilling in Newfoundland was not subject to a thorough assessment, but a simple screening. If the regulatory amendment had not been made in 2005, this project in Newfoundland would have been subject to a thorough assessment and public consultations where stakeholders, scientists and people concerned about the environment could have proposed a number of risk scenarios with regard to the exploratory drilling. Because of the Liberal changes, this project in Newfoundland was not subject to a thorough assessment. That is the first risk.

Last week, when officials appeared before the parliamentary committee we asked them a number of questions. Oil drilling occurs in Canada, including in Orphan Basin. We asked the Canada-Newfoundland and Labrador Offshore Petroleum Board what the timeframe would be in the event of an accident like the one on April 20 in the Gulf of Mexico. What would be the monitoring plan? What would they do? What could we expect? The board's spokesperson, Sean Kelly, told us that a platform would have to be sent from the Gulf of Mexico to be able to drill a relief well at such depths and that it would take at least 11 days for the platform to arrive. According to another analyst, it would take four to five months to drill a relief well. We know what that means. Someone decides to drill at 2,600 km below sea level, which is deeper than the oil well in the Gulf of Mexico and if there were a similar accident, a platform would have to come from the Gulf of Mexico. It would take 11 days for the machine to arrive and five months before the drilling was complete.

Then, the government told us not to worry, that everything was fine, and that it was all in our heads. They said that there was no risk, and that people on the Îles de la Madeleine and Canadians do not need to worry. That is what the government calls an emergency plan. That is completely unacceptable. The government has been making decisions with its eyes closed since 2005. First, it was the Liberals, and those who went along with them without changing the regulations, and then it was the Conservatives, who slipped amendments into Bill C-9.

If an accident were to happen, someone would have to assume the ministerial responsibility. Ministers in this House would have to take responsibility if ever there were an accident off Newfoundland or elsewhere offshore.

We are calling on the government to come to its senses and amend the regulations to ensure that this type of drilling is subject to comprehensive studies and that consultations are held. The public and experts have a right to be heard. On this side of the House, we believe that we must learn from the environmental disaster of April 20, although the government does not seem to agree.

The government has always said that it is important to harmonize with the United States. But President Obama declared a moratorium and wants to create an independent commission to assess the situation. He does not want to move forward until they have examined the issue. Here, our government is agreeing to continue oil drilling off Newfoundland. Plus, it continues to be in favour of calls for tender from oil companies for the Beaufort Sea. In 2007, the government sold the rights to explore three parcels in the Beaufort Sea for about $50 million to oil companies, including Exxon. And in 2008, it sold BP the rights to drill oil wells 700 metres below sea level.

The government is telling us that no drilling will take place before 2014, and that is true. However, we need to understand the signals that we have been getting in parliamentary committee lately. Representatives from BP came to see parliamentarians and were unable to say if it would be possible to clean up the mess if an accident were to occur in Canada's north. They did not know if they would be able to clean up after a disaster. The representative from BP did not have enough information to respond to the questions.

What is more, since it is costly to operate during the off season, from the start of December until spring, oil companies have asked to drill the northern Canadian relief wells later, after drilling activity has begun. They have asked an economically driven, non-environmental organization to give them an exemption from drilling relief wells because it costs too much. What costs too much? Will it cost BP too much to clean up the mess from April 20?

The oil industry is pressuring us to weaken—some would say relax—environmental standards once again and give breaks to and create loopholes for an industry, which is completely unacceptable.

I will take advantage of the fact that the Minister of Foreign Affairs is here to remind him that next week, from June 9 to 11, there will be an important Arctic Council meeting. Canada is expected to take a leadership role there. Drilling will begin this summer in Greenland, which is very close to Canada. They hope to drill in Baffin Bay, near the mouth of Lancaster Sound, near where the government wants to establish a marine conservation area, at the boundary of Canada's territory.

There will be risks for Canada and Quebec. Greenland is far away, but it does not seem so far when you look at the devastation in the Gulf of Mexico.

We are hoping to see some Canadian leadership to ensure that we have the means necessary to prevent a disaster like the one on April 20 from ever happening in Canada.

Business of the HouseOral Questions

May 27th, 2010 / 3:10 p.m.


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Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, I am also well aware of the rules, and the rules for the Thursday question require a very succinct question about the upcoming agenda of the government, and the government House leader is supposed to be bound by those same rules as I understand them. On this side of the House at least, we always want to respect the rules of the House of Commons.

To be very brief in my response, I think I have answered that question repeatedly. We will not allow our political staff to be dragged before standing committees where the opposition coalition holds a majority of members and be subjected to the type of abuse we have seen. On behalf of those staff, I would point out that anyone who wants to research this issue can find it in the Hansard of the standing committees. Many of those meetings were televised. Members can see the type of abuse that opposition members of Parliament subjected those staff members to. Many of these staff members are very young people, oftentimes in their mid to late twenties. To be subjected to that type of abuse is completely shameful. It is intolerable and unacceptable. Our ministers will assume their responsibilities yet again and will be appearing at committees when there are questions to be asked of their departments and their staff. So I hope I have put that to rest.

On another issue I have raised a couple of times in question period, when it has come up, is the absolute hypocrisy of the Liberal Party in asking these types of questions of staff members and yet filibustering the government operations committee to prevent their own member of Parliament, the MP for Scarborough—Rouge River, from testifying and answering valid questions about his connection with a law firm that advertised on its website that the member could make “valuable contributions to [its] clients includ[ing] acting for foreign and offshore organizations in obtaining operating licenses, securing regulatory and governmental approvals for mergers and acquisitions, reviewing policies and conduct of Canadian Security Intelligence Services”—I repeat, “Security Intelligence Services”, Mr. Speaker—[and] advising bodies on international issues regarding cross border tax collection”. And it goes on and on about the services the member could provide in the form of lobbying. Yet the member was prevented from testifying today by the Liberal members on that committee, who wanted to filibuster.

This is a member of Parliament and it is the same standing committee that is supposedly looking into the alleged lobbying issues of a former member of Parliament, who has appeared at that committee and testified. At least he had the courage to do that, which is more than the member for Scarborough—Rouge River has done.

On the issue we are supposed to be discussing, the agenda looking forward to the next week of the House of Commons, today we will resume the debate on the report stage motions on Bill C-9, Jobs and Economic Growth Act. As we heard in question period, that is the much anticipated budget bill of the government.

This evening in committee of the whole, we will consider the estimates for the Department of National Defence.

Tomorrow will be an allotted day.

Next week, if necessary, we will continue the debate on Bill C-9, followed by debate on Bill C-23, Eliminating Pardons for Serious Crimes Act. We will have as backup bills, Bill C-10, Constitution Act, 2010 (Senate term limits) and Bill S-2, Protecting Victims From Sex Offenders Act.

As I mentioned in reply to the Thursday question last week, Monday, May 31 has been designated as the day to consider the main estimates of the Department of Natural Resources in committee of the whole.

Finally, Tuesday, June 1, shall be an allotted day.

Foreign InvestmentOral Questions

May 26th, 2010 / 3 p.m.


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Mégantic—L'Érable Québec

Conservative

Christian Paradis ConservativeMinister of Natural Resources

Mr. Speaker, one thing is for sure: everyone agrees that AECL needs to be restructured now so that we can ensure the viability of the nuclear industry in Canada and abroad, and so that we can share our expertise and create high-level jobs. We must also take fewer financial risks for taxpayers. That is why we are looking for strategic investments.

I urge the opposition to pass Bill C-9 so that we can do this right.

An Action Plan for the National Capital CommissionGovernment Orders

May 25th, 2010 / 4:50 p.m.


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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I would like to point out that in the background information we received from the department, the following was said:

The NCC must manage its properties in accordance with principles of responsible environmental stewardship.

The government talks about that quite a bit. Bill C-9 talks about streamlining the environmental processes and vetting projects through environmental screenings; but in this particular situation, is that going to change in the next little while? Does the master plan look after that? Is he not concerned about that?

I know he has spoken passionately about this issue for quite some time. The government seems to be talking a lot about it, but there does not seem to be a lot of meat to it. I was wondering if the hon. member could address that.

Furthermore, although it is said that that the 50-year plan will be renewed every 10 years and be tabled in the House, does the hon. member not think that we should also vet that plan in some formalized debate?

Nuclear Liability and Compensation ActGovernment Orders

May 14th, 2010 / 1 p.m.


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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I want to congratulate the hon. member for Elmwood—Transcona on his speech. He is quite involved in a number of different bills. However, I missed part of his presentation.

Since we are talking about Bill C-15, An Act respecting civil liability and compensation for damage in case of a nuclear incident, I would like to ask him whether he touched on Bill C-9, on budget implementation. If not, I would like him to say a few words about it.

Since that is an omnibus bill, the sale of Atomic Energy of Canada Limited assets also just happens to be included in it. Tendering has begun on the sale of AECL's reactor business. I wonder whether the hon. member has studied this issue within the bill we are currently studying, in terms of liability. Are we sure that liability for the reactors will be transferred to the potential buyer? What are his thoughts on this?

FinanceCommittees of the HouseRoutine Proceedings

May 14th, 2010 / 12:20 p.m.


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Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I have the honour to present, in both official languages, the first report of the Standing Committee on Finance on Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, the Jobs and Economic Growth Act. The committee examined the bill and has agreed to report it without amendment.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 4:50 p.m.


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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I think the member has pointed out some very important realities in her question. First and foremost is that we have a government that runs away. It runs away from its obligations when faced with any kind of situation. It prorogues and leaves the members of Parliament without the forum in which to discuss the kind of issues our country is facing.

In terms of Bill C-9 and the tax loopholes, I do not believe the government has any interest at all in closing those loopholes. In fact, I would say these loopholes have been deliberately created for the very people who support the government, who go to fundraisers for the government and who manage to support it in terms of the election and re-election campaigns. These are the very loopholes that undermine and eat away at our ability as a nation to do things for the people of this nation, which they deserve.

If we look at budget 2010, and I hope I can remember this accurately, currently corporations account for about $27 billion in taxes, and individuals, ordinary men and women, the people who work hard every day, pay $116.7 billion in taxes. By 2015, corporations will be up to something like $29 billion and the people of Canada, those hardworking individuals, will be paying $156 billion in individual taxes.

This is hardly fair. This is hardly the kind of tax system we should have. We need fair taxes. We need to abandon the practices of the past where we saw a Liberal prime minister, Paul Martin, give $100 billion in tax giveaways to profitable corporations and the current government give away $60 billion and in fact, in January 2010, an additional $1.5 billion in largesse.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 4:50 p.m.


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Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Madam Speaker, I completely agree with my colleague, who pointed out that Bill S-3 is a large bill, and that we must examine it thoroughly. I remind members of the initiatives that were introduced by the government, for example, in Bill C-9. The government opened loopholes in the Income Tax Act to allow corporations that are not registered in Canada to avoid paying their fair share of taxes. The Bloc Québécois also introduced a number of initiatives to combat tax evasion. Every time, something happened in Parliament, with prorogations or elections, and our bills died on the order paper. The Bloc Québécois also tabled some provisions to combat tax evasion that were not passed by the House.

I would like the member to share with us some real solutions for combatting tax evasion.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 3:50 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, it is encouraging to hear my colleague from Winnipeg talk about the implications of tax policy, with having done so much research on it, because those implications affect so much of what we do in this place, primarily the government's ability and willingness to collect taxes fairly across the country. Are there special understandings within the political class here, the cabinet, and those families that can even afford to even consider things like tax havens?

I suspect that most Canadians watching this have not contemplated with their families around the dinner table what to do with their tax haven structures this year. Most Canadians are struggling to make ends meet and pay their fair share of taxes, and are willing to do so, but it is when they hear stories of the excessively rich families in Canada making a certain amount of money, wanting to avoid taxes and then skipping town, essentially.

Some of these same folks end up getting a little pin on their lapels or the Order of Canada from prime ministers for their great and dutiful work for Canadians. The irony and the hypocrisy in that alone smacks so hard against Canadian values.

Bill S-3 is a bill that has come forward from the Senate. It is great to know that every once in a while the senators rouse themselves from their afternoon naps and produce something. However, it is a bill that does not necessarily mean a lot in its particulars but, in general, has implications for all of us.

In Bill S-3, as my friend from Winnipeg said, the government quite intentionally included a country that may cause problems, because it is trying to do a free trade deal with Colombia right now and now it is slipping it into this taxation bill. It is striking to me and to others why these three particular countries are locked together and why it is of interest to the government to include such diverse economies together into one piece, but the government has chosen to do that so we must work with that.

The issue that is in front of us is how to deal with this bill. The NDP has suggested, quite rightly, that the bill should be split, that it should be broken up into its contingent parts so we can deal with each reality on its own. The government at this point has refused that, but let us look at the pattern of how the government operates when it comes to making legislation and the role of the government.

Right now at the finance committee, members are dealing with Bill C-9, which, by all measures and accounts, is a Trojan Horse bill. It is supposed to be a budget bill but it is an omnibus bill, which means that it includes a whole bunch of different pieces. The government has included things like raising airport taxes and the selling off of Atomic Energy of Canada Limited, the largest crown corporation in this country. It is the nuclear industry. It has also included a watering down of environmental regulations on, of all things, the oil and gas industry, which is quite ironic to think about doing that right now. All of these things are embedded into a piece of legislation that is meant to be a budget bill, a finance bill. That is a cynical form of politics. It is a form of politics that says that it does not want to debate these things on their merits.

Let us just take one of those pieces as an example, the selling of AECL. Canadians, over the 50 years of this crown corporation existing, have put somewhere north of $21 billion into it to develop the nuclear industry here in Canada, both on the energy side and creating isotopes. That is a lot of money. What else could have been done with $21 billion? However, here we are and the money has been put in.

It actually says in legislation that was crafted in this place that in order to sell or break up AECL, the government must bring a bill before the House for debate. That makes sense. That is reasonable. That is what every other country around the world does. However, rather than debate the sale of AECL or how to break it up, or any of these other things, the government instead has slipped it into a budget bill and has said that it is a matter of confidence.

It also tacked in this thing about raising taxes at airports. This is from a government that is constantly claiming that it is cutting taxes. It is becoming laughable because at the same time it is raising them, like the HST.

I am a member from British Columbia and I was just at our first farmers' market in Terrace, B.C. this weekend. I manned the HST booth for a couple of hours and heard from constituents in British Columbia how frustrated they are that when they flick on the evening news they hear Conservative minister after minister talk about their glorious tax cuts, when they know in British Columbia and in Ontario that they are moving the HST onto the backs of hard-working families who will pay more taxes.

It was a tax that was brought in by a British Columbia premier who promised not to do it. The Conservatives pretend they had nothing to do with it, forgetting that their fingerprints are all over a $1.6 billion bribe that they sent to Ontario. The government took $1.5 billion from taxpayers to bribe another level of government to raise taxes on those same taxpayers. This is the way the Conservative government cuts taxes.

It is unbelievable that those guys can still walk upright and claim the high moral ground on taxation when they took $1.5 billion and slipped it into a budget bill to raise taxes in British Columbia and another $3.5 billion or so to Ontario. That is remarkable.

What is remarkable is that the folks who were coming up to us at this farmers market were from all political persuasions. Folks from across the political spectrum were saying that whether it was this type of tax or another type of tax, the process stunk. They were signing a petition so a free and fair vote could be held in British Columbia to decide things.

Bill S-3 is another effort at talking about things without actually doing anything. We have asked for evidence from the government about the effect of these treaties. The government has signed, I believe, 87 agreements. The Conservatives think they are great free traders because they have signed these agreements. They say that they are fantastic, thereby implying that something actually has changed in the world.

It must have cost a lot of money to print 87 treaties, never mind sending negotiators all over the world to make these things happen. These things are not free. We have invested in these things. We are asking for a return on our investment.

We want to know what has changed in tax policy. Have we caught those folks who take their money offshore to a tax haven? Have we recovered any funds from the people who have earned their money from investments by Canadians and then skipped town before the bill is due? The government has not provided any evidence.

This leads one to some suspicions. This is again the portrayal of action without anything actually changing. This is a level of government of which people are growing increasingly tired. If the government is going to do something, then it should do it.

I come from a remote rural part of northern British Columbia. When somebody says he or she is going to do something, often it is a handshake and the agreement is made. Then we go forth and do it.

To set up all these agreements with no evidence as to whether they work or not, or which kind work better for which situation, is governance by a certain ideology rather than governance by any kind of thoughtfulness and debate.

With this bill, the government is lumping three countries together so it can get the numbers up. It is signing more treaties, all the while refusing a fundamental principle of trade, which has been evolving, growing and maturing around the world for the last 50 years.

That is the counter to the free trade ideology. We can trade with other partner countries but we have to do it fairly. Everybody knows that nothing is free in this world. Even the terminology free trade must sound good, it must mean good things. However, when we ask about fair trade, when we ask about trade that is on good terms with our trading partners, that would improve working standards, that would take care of the environment, that would ensure we do not support regimes that we would never tolerate here, the government is silent. It is not interested in those types of trade agreements, and we see that with Colombia.

Our member for Burnaby—New Westminster has been pushing hard to get some sort of review of the human rights situation in Colombia. He has made some progress with members after a massive campaign involving thousands of Canadians. They would like to know that their trading partners are living up to some sort of standards, some sort of requirement, for the privilege of trading.

That is how trade works. It is a privileged status. It is not a right. Countries do not trade with each other based on any fundamental rights. Countries trade as a privilege. It is the same with operating a business. It is not a right to operate a business in Canada. It is a privilege. One has to follow certain rules and those rules cannot be broken.

If someone ducks out on taxes, the government comes after that individual, and rightly so, except for a particular class of Canadians. When we get into the billions of dollars, suddenly a whole new set of rules apply. People go to what is called a tax haven, and tax havens, as has been described earlier today, are set up by countries that have a skeleton of a banking sector. They are often islands. They are often very small countries, sometimes democratic, sometimes not. The list of prestigious Canadian families who have their money socked away in these tax havens is astounding.

We see it time and time again, whether it is Liberal or Conservative governments. A little private meeting goes on and Revenue Canada says that is all right. We saw it with a former prime minister, for goodness sake, who got caught evading taxes. It was Brian Mulroney, a Conservative. Those folks used to know him, then they pretended they did not him and now they know him again, I think. What did he do once he got caught. He cut a deal with Revenue Canada. If he paid back a portion of those taxes, it would be satisfied.

I wonder if the government offers that same deal to the average hard-working Canadian taxpayers. If they are having a hard time this year or last year paying their taxes, Revenue Canada will cut them a deal and they will only pay 50%. Of course not. The system would not work that way.

However, when we move up into this upper echelon, if it is a Brian Mulroney, or a Bronfman, or somebody who has some connections to this place, they can cut deals with the government to pay half of the taxes they actually owe. How does that make any sense? How can those guys call themselves fiscally conservative if, at the same time, they allow tax avoidance to go on? How can they be running deficits while, at the same time, taxes owed to the good people of Canada are not paid. The only reason is because there are connections, there is the familiarity, there is a need to have some sort of comfort with certain Canadians who are of a certain wealth.

On the agreements with countries, we hope, as Canadians, that our presence in the world, our ability to connect with other countries is for a betterment of the world. We do not go forth, whether it is through military or diplomacy or trade, hoping to make the world a worse place. Part of our underlying belief as Canadians is that we have accomplished something in our country that is, as some have said, a country that works well in practice but not in theory. We want to be a symbol and an example on certain issues, particularly, for other countries struggling to establish a democratic rule of law, struggling to establish women's rights and rights for minorities, rights for the gay-lesbian community. Canadians feel okay with promoting those things overseas. We hope we do that through our diplomatic core and our military, from time to time.

However, when we look at the free trade ideology coming from the government, all these other issues get short shrift. One wonders if the government even believes that trade is a mechanism and a vehicle for promoting human rights and environmental standards around the world. Conversely, and I think this is much closer to the reality for those guys. The very nature and vision of the role of Canada, the very vision of Canada promoted by the Conservative government is not one that supports human rights. It is not one that supports environmental protection or the rights of first nations people. The reason I can make that strong statement is there is so much proof that the government does not mind cutting access to women's programs. The government does not seem to mind cutting back funding for certain groups that it does not like if their ideology is not right. It does not mind watering down environmental regulations on the oil and gas industry. In fact, the government suggests the oil and gas industry can regulate itself, which might be better.

In committee this morning we heard that our national regulator that governs oil and gas for most of the country, with the exception of Newfoundland and Labrador, had said that it was no good to have these regulations any more, that we should just be goal-oriented in our rules. Let us not have rules, in fact. Let us just have guidelines. Would it be a good idea to just have goal-oriented guidelines for driving regulations or for the safety of our homes and our streets? Of course not. We put regulations in place.

As my father-in-law, who works for a compensation board in British Columbia, says that a lot of the rules and regulations that govern industry for workers' safety are written blood. What he means is those rules were not invented out of nowhere. They were often invented after there had been an accident. In his case, workers' safety, somebody died, or somebody was hurt seriously. They realized they had to change the rules guiding construction, or a certain industry. The had to make them stronger so people could go to work knowing they would come home at the end of the day. That is the principle from where regulations and rules come. There is not a little office of people sitting around Ottawa, not that I am aware of, who make up rules for the sake of it. We make up rules and regulations so they enable good practice to flourish, so they give people a fair opportunity earn a decent buck to be social citizens. There is a social licence to operate that is buried within it.

However, when it comes to the regulations, the government promotes a Canada that does not necessarily belive in this, that industry can self-regulate. If we look to the Gulf of Mexico right now, we see what happens when an industry is given more self-regulation.

This does not always happen in one shot. It happens over time. There is a creep, they call it. It creeps edge by edge. We saw it in the stock market in the U.S. and in Canada. We put rules and guidelines in place to try to contain some of the greed that would be rampant in any stock market, because it is a profitable place to make money. We put those in place because not everybody was very ethical. Some traders want to bend and break rules and rip off their investors. In American, it was the Glass-Steagall act. In Canada, we had a bunch of other stuff, but the creep happened.

Bit by bit, the Americans eroded some of their guidelines. They eroded the rules and decided to do outcome-based guidelines. The outcome-based guideline for the stock market is to make money. If people keep making money, that is all right, but they will not be guided. The invisible hand of the free market will save them at the end of the day.

The marketplace is a magical thing. It can bring billions of dollars into new technology, ideas that spur innovation and that ambition can be allowed to flourish. However, it needs to have some rules and some sort of containment so people who try to do the right thing are rewarded and those who are crooks are thrown in jail. We take away all those regulations and they make guidelines. We make goal-oriented objectives and we get what we get, which is the worst of the worst are able to manipulate the system to their best abilities and make money in unethical ways.

Now we move to trade in Bill S-3, the bill from the Senate. We need to have these tax deals so people are not double taxed. That is a very fine principle. It is something we can support. Then we look at all the existing tax haven countries. Has the government signed any treaties with those countries, the places where people actually set up tax havens?

I have not known Turkey to be a great and rampant source of tax havens for the wealthy and rich around the globe, because it is not. We have the list of the places that are. Transparency International runs a list of the most corrupt regimes every year. Some of those are also the regimes where these tax havens exist. All one has to do is pay somebody off to not pay any taxes in the country, to never have to declare it and to have one board member.

Former Prime Minister Martin ran his whole shipping company under different flags of convenience. Why are they convenient? Because if people have shipping companies like the former Prime Minister of Canada did and they do not want to follow Canadian, American or European law, they fly them under the flags of some backwater African country, which has no rules or regulations for shipping. Therefore, they do not have to stand by any labour or environmental laws because they have this convenient flag flying over their ships.

The problem with the government's ideology on this is it also applies a flag of convenience to its trade policy. It uses trade in a convenient way to accomplish only a very narrow band of things. There are those of us who believe strongly that trade with a country can be an opening of a conversation about improving the conditions for people on both sides of the deal, both Canada and the country with which we are trading.

There is some evidence that this has happened around the world. In the last 25 years, we have seen steady improvements for the lowest-income people across the globe in some regions. However, it is false to think that this just happens naturally and that it is some byproduct that will happen no matter what we do. Very strong evidence exists to show this is the case.

We traded with Iraq during the entire Saddam Hussein regime. We bought its oil. The Americans bought its oil. We did not put a single stipulation in place. We had to drive furiously at a previous Conservative government to get a proper regime set up against South Africa when apartheid existed. We had to make the moral implication. The argument against any trade sanctions against South Africa was that free trade had to reign. That was the most fundamental principle. If we just traded with South Africa, it would eventually let apartheid dissipate.

Of course that was never going to happen. It would still be there today if the world did not get together and say that, as part of human trade, we would insist on human rights. As part of our trade with South Africa, to buy its resources and products, we would insist that it also treated all its citizens with some level of dignity. It was a good moment for the world when we finally decided that. Conservative ideological thinkers were against it. They opposed every step of the way.

We see it again here today. We need good trade policy in Canada. We are a trading nation. We need to shut down tax havens around the world and have people, whatever their social standing, pay their fair share of taxes. It is the right thing to do.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 1:40 p.m.


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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Madam Speaker, I thank my colleague for that vast question, which encompasses the responsibilities of all humanity.

In terms of globalization, we could all aim for a healthy balance for all peoples. But the bill that is before us addresses only a small part of the overall problem.

We have to think about the end result of the bill, because taxation in the three countries in question is lower than in Canada. In fact, Bill C-9, which I see as related, allows companies registered in foreign countries to pay tax only in the country where they are registered. That is why I talked earlier about Canada's potential loss of revenue, which needs to be assessed.

If we look at the end result of this bill, I think we will see that these countries may ultimately achieve a net gain. Because taxation is lower there, many companies registered there will benefit in terms of their domestic revenue.

These countries will have to manage this revenue well if they really want to improve their people's welfare.

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May 13th, 2010 / 1:35 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, I find the Conservatives' strategy of cramming several bills into one very curious. They did the same thing with Bill C-9. They put all sorts of things in that bill, but of course it was inappropriate and showed a complete lack of respect for Parliament.

Bill S-3 has to do with Greece and Turkey, two countries that have rather advanced tax systems, and Colombia, where the drug industry rakes in about $90 billion a year in revenues. We know that that industry has close ties to the government.

Does the member believe that it is inappropriate to combine two countries that have relatively advanced tax systems with a country whose government is linked not only to paramilitary groups, of course, but also to the drug industry, which rakes in tens of billions of dollars?

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 1:25 p.m.


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Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Madam Speaker, I am pleased to rise here today to speak to Bill S-3, which passed third reading in the other place on May 4, 2010.

The Bloc Québécois supports the bill because we believe that it is important to implement the tax conventions negotiated with Colombia, Greece and Turkey. The goal of these conventions is to avoid double taxation and promote the exchange of information.

Any time economic relations are established with another country, the individuals or businesses in question likely enjoy revenues in both countries. Accordingly, tax conventions are crucial in order to ensure the exchange of information so as to avoid double taxation.

Nevertheless, the Bloc Québécois does have some serious reservations about the bill that must examined in committee once it passes second reading.

First of all, we do not know how it will affect public finances. We heard a little bit about this earlier in other speeches, because Bill S-3 is 74 pages long and includes provisions that will have a direct impact on government revenues. The terms and conditions need to be thoroughly examined for a final assessment of this bill.

This type of review becomes even more necessary when the government is opening loopholes in the Income Tax Act to allow corporations that are not registered in Canada to avoid paying their fair share of taxes. Just look at Bill C-9 currently under review in committee. I will come back to that later on in my presentation.

The government must make a real commitment to fight tax evasion. The Conservative government, which waited until 2009 before signing its first agreement on information sharing, is showing blatant unwillingness to do anything about tax havens.

Signing bilateral agreements on information sharing is just the first step in fighting tax evasion since businesses have an incentive to declare their income: to avoid being taxed twice.

The government can do a number of things to truly fight tax evasion and simply sharing information is not enough. It has to stop concluding tax treaties with tax havens. It has to submit every international treaty it negotiates to the House of Commons and allow the representatives of the people to have their say.

In order to respect jurisdictions, it has to consult the provinces and Quebec before negotiating a treaty that affects their jurisdictions. I will come back to that later.

Earlier I spoke about the impact on the government's finances. Bill S-3 falls into line with the Conservative government's moves to cut corporate taxes. What impact will it have on the government's finances?

What impact will limiting the rate of income tax withheld at source have on the government's finances in the case of dividends from affiliates and the cases involving other dividends, interest and royalties?

This type of review becomes even more necessary when we consider that Bill C-9 to implement certain provisions of the budget confirms the Conservative government's desire to protect rich taxpayers at all costs, and among them we find the banks and big corporations.

With regard to tax loopholes, the government is talking out of both sides of its mouth. On one side, it says that it wants to go after tax havens and, on the other side, it is opening loopholes in the Income Tax Act to allow corporations that are not registered in Canada to avoid paying their fair share of taxes.

I would like to shed some light on the budget implementation measures in Bill C-9. This bill changes the definition of “taxable Canadian property” to exclude shares from certain private companies. This will have a number of implications.

Non-residents—which can include companies that are owned by Canadians but were incorporated abroad—that sell shares of Canadian companies are currently exempt from paying taxes under the Canadian Income Tax Act, without having to apply the tax relief measures provided for in the different tax conventions Canada has signed.

I want to put this into context. Before, when a non-resident sold a Canadian company in part or in full, Canadian tax authorities required the purchaser to hold back 10% to 25% of the total amount of the transaction, while they did their usual checks of the conventions between Canada and the country of the non-resident. Once these checks were complete, if there was a convention in force, the non-resident would pay taxes in their own country and would avoid double taxation.

With Bill C-9, the government will stop enforcing this holdback, whether or not there is a convention with the country in question. For example, a company in the Bahamas, which does not have a tax convention with Canada, could sell shares of a Canadian company without paying taxes in Canada. A number of these companies are owned by Canadians, who would therefore avoid paying taxes.

Furthermore, the non-resident is no longer required to wait for authorization from the tax authorities when selling a Canadian investment, pursuant to clause 116, and is therefore no longer required to produce a Canadian income tax return.

The government is opening the door wide to foreign investors, and this includes the technology sector. Companies registered in countries where the tax rate is low or non-existent will be able to purchase and resell Canadian companies and pay little or no taxes.

Regarding tax havens, the Bloc Québécois urges the government to stop talking and start acting, instead of proposing pseudo-solutions made up of empty words. The Bloc Québécois has been proposing concrete solutions since 2005 to do away with access to tax havens like Barbados and to eliminate the double deduction of interest.

Why would a company not pay taxes on profits brought back to Canada after having declared them in a tax haven like Barbados, for example? This type of special treatment does not have a place in our society. Companies, like citizens, must pay their share of the tax burden. That is why we must prevent companies from using tax havens by abolishing the section in the Income Tax Act that makes this possible.

In order to truly fight tax evasion, the government could take action on a number of fronts. It must stop signing tax treaties with tax havens.

On four occasions the Bloc Québécois has introduced a treaty bill to modernize the entire process for concluding international treaties. Our treaty bill was designed to build transparency and democracy into the process of negotiating and concluding international treaties.

Moreover, the bill required that the federal government respect the provinces' jurisdictions, including Quebec's. The bill provided for five important changes: all treaties were to be put before the House of Commons, the House was to approve important treaties, a parliamentary committee was to consult civil society before Parliament voted on important treaties, treaties were to be published in the Canada Gazette and on the Department of Foreign Affairs website and the government was to consult with the provinces before negotiating a treaty in an area of provincial jurisdiction.

The treaty bill came to a vote only once, on September 28, 2005. I would like to point out that all the federalist parties in the House voted against it.

The clause on consulting Quebec and the provinces was nothing revolutionary. When the federal government, in an international forum, discusses a treaty that would impact the provinces, it consults the provinces beforehand.

The Bloc Québécois will still support the bill despite our reservations. As for respecting the Quebec nation, which was recognized here in the House, the Conservative government has yet to deliver the goods.

Tax Conventions Implementation Act, 2010Government Orders

May 13th, 2010 / 12:05 p.m.


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Bloc

Daniel Paillé Bloc Hochelaga, QC

Madam Speaker, earlier, I heard our Liberal colleagues talking about broken election promises. As members will recall, during the last election campaign, the Conservatives promised two things: they promised to put international treaties before the House prior to ratification and to give the provinces a role in concluding treaties pertaining to their jurisdictions. But as we can see, and as the hon. member mentioned earlier in response to one of his Liberal colleagues, the Conservative Party made promises during the election campaign, but as soon as it took power, it forgot all about them.

We are not comfortable with this bill because it comes from the Senate, and we have to wonder what the Senate has to do with any of this. Earlier, the Parliamentary Secretary to the Minister of Finance said that we look to some senators for guidance. I realize that many of them have had successful careers and are knowledgeable, but what good is this knowledge in the upper chamber if it wastes away from lack of use?

Bill S-3 would implement tax treaties between Colombia and Canada, Greece and Canada as well as Turkey and Canada. One interesting aspect is that this seems to be a pure, unadulterated bill, unlike Bill C-9, which is a mishmash of things, odds and ends, that the government sent to us in parliamentary committee. We will be studying those 888 pages clause by clause this afternoon. I do not know what time we will finish. But this bill is focused strictly on avoiding double taxation and exchanging information. That is very important.

We in the Bloc Québécois will take our roles as parliamentarians seriously, and we will be diligent in our work. We have studied this bill and, because we encourage diligent and serious examination of issues, when it comes time to vote, we will do our jobs as parliamentarians. We want to see this bill further studied in committee. This is very important to us because we often hear that the Bloc is systemically opposed to everything, that we are here just to stonewall, as some token Quebeckers in the Conservative Party seem to enjoy saying or erroneously suggesting. I am obviously not insulting anyone here in the House by saying that because they are not here. The Bloc Québécois will vote in favour of this bill because we believe in looking at things carefully.

Trade between Canada, Colombia, Greece and Turkey affects the revenues of the Government of Canada, but it also affects the revenues of provincial governments and of Quebec. There was no consultation about that. We do not even know how much this will cost. It will cost something, obviously, but we have no idea what it will cost the government.

Of course, for Quebeckers with companies that do business abroad—and I used to work in companies that did business abroad—tax conventions are attractive. I will always remember when I made my first foray into politics in 1994 in the Government of Quebec. At the time, my employer and immediate superior was Pierre Péladeau, who was president of Quebecor Inc. I was his executive vice-president of acquisitions.

He told me that if I went into politics in the Government of Quebec—I became Minister of Industry, Trade, Science and Technology—I should try to do as little harm as possible. That was how he liked to talk. Pierre Péladeau was a believer in the popular KISS principle, which recommends keeping things simple. To keep things simple, I will try to remember this man I loved working with.

This bill opens loopholes and revolving doors, and we will want to ask questions in committee or here in the House. For example, how is it that Canadian companies can register elsewhere to avoid paying their fair share here? We are concerned that there may be loopholes.

This bill is also supposed to fight tax evasion. Earlier, an NDP colleague wondered whether the current government really wanted to fight tax evasion. That is disturbing. We have to wonder which countries are tax havens and whether they have agreements with the Government of Canada. This is something that needs to be looked at. I still believe that we are being presented with a done deal, but we still need to examine a number of provisions in the bill.

For example, in subclause 1(d) of the General Definitions in Schedule 1, which pertains to the agreement between Canada and Colombia, the term “person” is defined as including “an individual, a trust, a company, a partnership...”.

On page 29, in subclause 1(c) of the General Definitions in Schedule 2, which pertains to the agreement between Canada and Greece, the term “person” includes an individual, a trust and a company. There is no mention of a partnership. This is the sort of question we could ask, but the agreement is a done deal. We have to take it or leave it.

Moving on with general definitions. In that same paragraph of the agreement with Turkey, the term “person” is defined as an individual, a trust, a company and an estate. As a parliamentarian, I would like to ask a question before signing this kind of agreement. Why are estates not mentioned in the agreements with Greece and Colombia, but they are mentioned in the agreement with Turkey? What does that mean? It is our job as parliamentarians to know what that means. There may be good answers out there, but I have not had a chance to get any. The parliamentary committee will try to get those answers.

There are currently 87 conventions between Canada and other countries, but only one contains the ideal standard of information exchange recommended by the OECD: the Canada-Netherlands convention. It is all a bit vague when it comes to other countries, and that raises a question.

Canada is apparently in talks with 14 other countries: Anguilla, Aruba, the Bahamas, Bahrain, Bermuda, Gibraltar, Guernsey, the Cayman Islands, the Isle of Man, Turks and Caicos, the British Virgin Islands, Jersey, Saint Kitts and Nevis and Saint Lucia. But there have been delays. Until these agreements are signed, people will continue to take full advantage of tax havens. That is the important thing here.

Let us look at three random cases: Bermuda, the Cayman Islands and Barbados. There are no conventions with these countries. They say negotiations are ongoing, but between 2000 and 2008, Canadian investment in those countries rose from $30 billion to $90 billion.

Can anyone tell me what it is about those three countries that caused investment to triple in the absence of tax conventions? Some might suggest that 300% divided by eight is 37% growth per year. As a financier and former university and HEC professor, I would say that that is not how it works. We have to consider compound interest. That is still 15% growth per year. Investment rose from $30 billion to $90 billion. Can anyone tell me what it is about those countries that supports that volume of international trade?

There are other countries as well. We remember the enthusiasm of President Sarkozy, who had the political will to act quickly, to sign and to condemn tax havens. He condemned what is known as the grey list. Who is currently on this list? Belize. My NDP colleague spoke about Belize earlier. In fact, it seems that some Conservatives do business in Belize. It would seem so. It is still on the list along with the Cook Islands, Dominica, Grenada, Liberia, the Marshall Islands, Montserrat, Nauru, Niue, Panama, Saint Lucia, Vanuatu, Brunei, Costa Rica, Guatemala, the Philippines and Uruguay. They are all on the grey list. What are they waiting for? Canada does not have agreements with these countries and therefore why not take full advantage.

What is a tax haven? The OECD has established criteria for identifying them. We have agreed on 0.08 as the legal alcohol limit for driving a car. I can say that the taxation rate is 0.0 when looking for tax havens. That means that there is no or nominal taxation. When you go to a country and ask about the corporate tax rate or the tax rate on capital gains, and you are asked in turn what tax rate and told 0.0, that should be a sign.

A lack of transparency is the second sign. It is like opening files and there is no system of record-keeping. Organizations specialize in not keeping records.

Lack of diligence is the third sign. It is expressed by administrative, legal or bureaucratic barriers or evasive answers when responding to our questions.

There is no transparency, no diligence and no taxation.

I find the fourth sign interesting: a total absence of economic activity associated with the investment.

I would like to go back to the three examples cited earlier. Canada's foreign investment in three countries went from $30 billion to $90 billion and we wonder what is in those countries.

There is nothing. Well, there are beautiful beaches, beautiful people and beautiful places, but in terms of industrial activity, there is nothing.

When a company that does metal and chemical processing invests in Barbados, we have to wonder what that country has to accommodate that. If there is nothing, along with a 0% tax rate, no transparency and no diligence, that is the perfect example of a tax haven.

In the 1950s, there was a sign on the way into Montreal meant to attract American investments in Quebec where, supposedly, labour was cheap and docile. Older people may remember it. Mr. Duplessis boasted about it. In a tax haven, you would see a sign that says that taxation is very cheap and very flexible. It is very docile. That is what a tax haven is all about.

Consider Barbados as an example. It is said that the tax laws in that country include a specific section for international business corporations. An international business corporation is a corporation that is registered in Barbados, but that conducts most of its business outside of Barbados.

Very few conditions have to be met to be there. The business has to be registered in Barbados, have its head office there, hold one annual meeting there—which can be a teleconference—keep records of a board of directors there and employ a local resident as the manager. How interesting: a job is created. However, the manager does not have to have any power. Accordingly, the board of directors recruits a manager from Barbados and tells that person they have no power and that is just fine.

How are the companies taxed? The maximum tax rate is 2.5% and the minimum tax rate is less than 1%, which is not much more than zero. They are exempt from capital gains tax, exempt from exchange controls and they can import anything they like duty free. One small detail: the average salary of a manager of a foreign subsidiary in Barbados is $1,500 a year. That same Barbados branch manager simply has to find 1,000 jobs at $1,500 each and he or she is the manger of 1,000 companies. It is a great way to earn a very good living.

I will close by talking about the road to healthy co-operation. We are told, of course, that things are improving and that this occurs less and less. Attempts are made to have tax agreements with countries, but under what conditions? We are told a country will be removed from the list if we can have access to real, valid information, if there is no banking secrecy, if access to information is relatively easy and if taxpayers' rights are protected. What happens if there are a dozen agreements? The trick is to have a dozen agreements with lenient countries and then continue to operate as a tax haven.

We are voting in favour of the bill. I know that my colleague from Alfred-Pellan will address some of the Bloc's other concerns, but we are voting in favour of the bill in order to be able to go over it with a fine-toothed comb.

With all due respect, it would have been better if the agreements had been submitted to the House beforehand and with input from the Government of Quebec.

Fairness at the Pumps ActGovernment Orders

May 10th, 2010 / 6:05 p.m.


See context

NDP

Olivia Chow NDP Trinity—Spadina, ON

Obviously I have touched a raw nerve somewhere here.

That contrast is quite stunning. We know, with the HST coming in July, that $2,000 to $5,000 will disappear from a family's pocket, and that was passed in two days. In this case, however, when millions of dollars are being lost at that pumps, no action has been taken. It takes a long time.

Maybe we should not be surprised. Even though we have raised the issue of tax subsidies to big oil and gas companies over and over again, we still see at least $1.2 billion in tax incentives going to the big oil and gas companies that are making billions of dollars of profits. We have noticed that there is a bill that is about to get third reading with the support of the Liberal party and members of Parliament here, Bill C-9, which would again give these very profitable oil companies a total of $6 billion with all the corporate tax cuts.

In the other bill, we have seen that oil companies would be able to skirt around environmental assessments. Also in that bill, environmental assessments are being removed. Companies do not need a federal environmental assessment if they get a few dollars of federal funding.

A different kind of assessment or check and balance is supposed to be done through the environment side. Instead, however, whether or it is drilling or oil sands explorations, it will to be done now through the National Energy Board. It apparently has nothing to do with the environment. We just recently had a huge oil spill that is having a devastating negative impact on the environment, wildlife, birds and the species in the water. This whole addiction to oil is really quite astounding.

Bill C-14 does not deal with the price fluctuation. Sometimes the price could be at an all-time low in terms of gasoline prices and yet at the pump it is high. All of a sudden it goes up to $1.20 for no reason. It is supposed to be about supply and demand but it seems that often there is no connection.

The bill also has no increase in the number of government inspectors. It is all done by non-governmental inspections. Government has a role to play, which is to inspect to ensure that industry is doing the right thing, and yet that is not in this bill.

The bill does not establish an ombudsperson, something that the NDP has asked for over and over again. We need an independent office to evaluate the problems, investigate complaints and to ensure consumers are given justice and fairness. It is not here in this bill and it is not fair.

What else is not fair? If people were being cheated, they would think that they would get some of that money back. In this bill, even though the government would be collecting more fines, which we support, the bill says that the government would be fining minor offences up to $10,000, major offences up to $25,000 and new fines for repeated offences up to $50,000. Hopefully the government will send a message out there and fine a few gasoline companies.

However, one would think that if the government were collecting a few dollars out of it, that it would at least compensate and ensure the gas companies compensated and refunded those who were being ripped off, but no, there is nothing in here to protect the consumers. This is, in many ways, really unfair because every dollar counts, especially if and when the price of gasoline goes up.

What else does it not do? It does not actually repay the GST. The gas tax right now is 10¢ per litre but if the consumers are being shortchanged, which the last I saw amounted to $240 million, one would think that with the taxes that are charged on these so-called phantom purchases at least there should be a refund on the taxes being collected on the purchase. The bill says nothing about a tax refund or any type of compensation for those who have been ripped off. It contains nothing to deal with the price fluctuations and nothing to protect the consumers. It says nothing about an ombudsperson and there is no place to file a complaint. It is no wonder the government is known to just make a lot of noise. It makes it appear as if something is being done but it takes very little action.

Our consumer critic and industry critic will be making a lot of amendments when this bill comes to the committee and if the Conservatives and the Liberals really want to protect consumers, they will support the kinds of recommendations and amendments that the New Democrats will be pushing.

I suspect that this bill, unfortunately, may not pass until the fall. With long weekends and the summer coming up, how will people who are travelling to visit their friends and families protect themselves? I looked up some pointers. One of the pointers that I found quite fascinating was that we should put in 10 or 20 gallons and then multiply the price by 10. We would then know precisely how much we were paying and know exactly the amount of gas that we paid for. It looks like the consumer needs to resort to those kinds of activities to protect themselves since the Conservative government, unfortunately, is dragging its feet and not taking real action.

We will support different aspects of this bill, such as the mandatory inspection frequencies and the additional fines, but we will not support using private sector authorized service providers. We will not support the kind of privatization of inspections that we see in front of us because we believe that regulations put out by government should be done by government. We have seen far too many times that when we privatize inspections, it just means that the retailers end up having to pay more and the consumers continue to get ripped off and hosed.